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University of San Diego

1988

Law of the Sea

Articles 1 - 5 of 5

Full-Text Articles in Law

The Exclusive Economic Zone Of The Northwestern Hawaiian Islands: When Do Uninhabited Islands Generate An Eez, Jon M. Van Dyke, Joseph Morgan, Jonathan Gurish May 1988

The Exclusive Economic Zone Of The Northwestern Hawaiian Islands: When Do Uninhabited Islands Generate An Eez, Jon M. Van Dyke, Joseph Morgan, Jonathan Gurish

San Diego Law Review

Hawaii is the only state in the United Stats that consists solely of islands. These islands are unique among the states in climate and life style, and they present unique problems to those who would define their jurisdiction over the adjacent ocean areas. The eight main inhabited Hawaiian islands are entitled to territorial seas, contiguous zones, exclusive economic zones, and continental shelves, which are measured in the same way that similar zones are delineated outward from continental land territories. To the northwest of these main islands is a chain of smaller insular outcroppings that are a wildlife preserve for sea …


Coastal State Fishery Regulation Under International Law: A Comment On The La Bretagne Award Of July 17, 1986 (The Arbitration Between Canada And France), William T. Burke May 1988

Coastal State Fishery Regulation Under International Law: A Comment On The La Bretagne Award Of July 17, 1986 (The Arbitration Between Canada And France), William T. Burke

San Diego Law Review

It is now almost six years since the adoption of the LOS Convention and over ten years since the general acceptance of unilaterally extended fisheries jurisdiction, but we are still only in the early phases of working out the implications of these events for wealth and other value distributions. Establishing national fisheries regimes is a difficult and time-consuming task, even for the leading developed nations.


Will Canada Ratify The Law Of The Sea Convention, Ted L. Mcdorman May 1988

Will Canada Ratify The Law Of The Sea Convention, Ted L. Mcdorman

San Diego Law Review

In this Article, Professor McDorman discusses the fact that five years after the completion of the Law of the Sea Convention, Canada has not yet ratified the convention nor has it offered hints as to whether it will ratify the Convention. The author contrasts this stance with the fact that that Canada was a signatory, is one of its major beneficiaries, and that many of its high ranking officials expressed praise for the final document. Moreover, Canada has extensive economic interests in the ocean. The question of Canadian ratification of the LOS Convention is addressed from three perspectives: as a …


The Effect Of A Petition For Decertification On The Bargaining Process: The Reversal Of Dresser Industries, Timothy Silverman May 1988

The Effect Of A Petition For Decertification On The Bargaining Process: The Reversal Of Dresser Industries, Timothy Silverman

San Diego Law Review

In Dresser Industries, the National Labor Board held that an employee-filed petition for decertification does not permit an employer to refuse to bargain with the incumbent union. This Comment submits that the National Labor Relations Board should return to the rule that Dresser Industries expressly overruled. This Comment argues that the Telautograph Corporation rule requiring an employer to refuse to bargain, is the more workable and practical of the two conflicting rules and is more likely to achieve the legislative goals of the National Labor Relations Act.


Foreign Search And Seizure: The Fourth Amendment At Large, Kimberly A. Strang May 1988

Foreign Search And Seizure: The Fourth Amendment At Large, Kimberly A. Strang

San Diego Law Review

The Administration's recent policy of "Say No to Drugs" has sparked a veritable war on drugs within our country. Outside our borders, on the high seas, and in foreign lands, the war on drugs has been fought to prevent their entry through our borders. This "war" is encroaching on the fourth amendment rights of persons suspected of drug trafficking who are subjected to search and seizure. This Comment examines the fourth amendment protection these people have received, and argues that the courts should uphold the fourth amendment, rather than pay it verbal service.