Oceanography and Atmospheric Sciences and Meteorology Commons^™

The United Nations Convention On The Law Of The Sea, And Canadian Official Development Assistance, Lennox O'Riley Hinds

Theses and Major Papers

The purpose of this paper is to examine the needs of developing states created by the 1982 U.N. Convention on the Law of the Sea and the capability of the above cited Canadian aid agencies to provide needed assistance. To achieve the above objective the articles of the Third Convention of the Law of the Sea will be analyzed to establish requirements that coastal states must satisfy when the convention comes into force. Next, the mandates, policies, and programs of the aforementioned agencies will be examined to ascertain their potential to assist developing countries meet their obligations under UNCLOS III. …

The Adjustment Of Taiwan, Roc, Fisheries To Coordinate With The Extending National Fisheries Jurisdiction, Teh-Yung Chan

Theses and Major Papers

The establishment by coastal states of 12-mile territorial seas and 200-mile EEZs or fisheries Conservation Zones (FCZs) has resulted in tremendous impacts on Taiwan inshore fisheries and distant-water fisheries. The ROC has to adjust its approach to fisheries in the face of the new international fisheries challenge. Through the adjusted measures, it has successfully achieved increases in her fisheries production in recent years. The purpose of this study is to examine the problems that have occurred or may occur to the Taiwan ROC fisheries industry as a consequence of the establishment of national EEZs. An area of particular concern to …

Enforcement In The Exclusive Economic Zone: Harmonizing National Legislation With Special Reference To Asean States, Rayner Stuel Galid

Theses and Major Papers

The 1982 Third United Nations Convention on the Law of the Sea provides only broad guidelines for many matters. One such area is in the provision of enforcement rights to the coastal State in the exclusive economic zone (EEZ). Thus, the specifics have to be worked out by the concerned nations in their domestic legislation. This expansive latitude may occasion the lack of uniformity in coastal States' EEZ laws and regulations. These different legislation may foster incompatible enforcement policies on the part of the coastal States which in turn may cause international friction. Harmonization of laws is the deliberate alignment …

The South Pacific Nuclear Free Zone Treaty, Susan Ware

Theses and Major Papers

The South Pacific Nuclear Free Zone Treaty was opened for signature on August 5, 1985, on the 40th Anniversary of the Bombing of Hiroshima. The Treaty prohibits Party states from controlling or assisting in the manufacture of nuclear explosive devices and from allowing devices not in their control stationing within their territory or land space. The Protocols to the Treaty enjoin the nuclear weapon sates and the states with territories within the Zone to adhere to the principles of the Treaty and to refrain from control or use of any nuclear explosive devices within the Zone. The principle concern of …

Enforcement Of State Coastal Resources Management Regulations: The Rhode Island Coastal Resources Management Council, David W. Kaiser

Theses and Major Papers

This paper examines the adequacy of the enforcement efforts of the Rhode Island Coastal Resources Management Council (CRMC) in carrying out the rules and regulations of the Rhode Island Coastal Resources Management Program (CRMP). This analysis describes the Federal and State mandates and contributions to the enforcement of the Rhode Island CRMP, determines the legitimacy of the CRMC through Superior Court cases, examines CRMC enforcement activities, and determines the compliance to CRMC cease and desist orders. The research finds that the CRMC has not enforced its regulatory responsibilities well. Actual compliance to cease and desist orders was only 41%. It …

Oil Spill Liability And Compensation: A Review Of The Existing Mechanisms And A Look At The Future, Gary A. Reiter

Theses and Major Papers

This study provides an examination of the existing United States Federal laws and international regimes regarding oil spill liability and compensation, and the manner in which they have been implemented by regulation and policy. The presentation concludes with discussion of and arguments concerning various proposed Federal comprehensive liability and compensation legislation. Emphasis is placed on the unsuccessful legislative proposals of the 99th Congress and the effects that similar legislation, if passed by the 100th congress, may have on current response policies and Federal and state governments. In particular, the effects of the proposed legislation on state's sovereignty and response operations …

Tuna Fishery In The East Central Atlantic Region: The Feasibility Of Nigeria's Participation, Aderemi Olasupo Abioye

Theses and Major Papers

Tuna fishery is widely practiced in the east central Atlantic region by many fleets of different nationality. Most of the catch is taken by distant-water fleets. The new Law of the Sea convention, which gives coastal states an exclusive economic zone with outer limit of 200 miles, now allows the coastal states to make the most use of the living resources in their waters. The surplus shall be allocated to other states in the region and those traditionally fishing in the area before. Nigeria with a population of about 100 million people spends substantial foreign exchange annually on the importation …

Study Of The Ocean Transportation Of Chemicals, Joseph A. Meyertholen

Theses and Major Papers

The growth of the chemical industry over the past 30 years has contributed significantly to the increased volume of hazardous cargo transported by ocean vessel. The properties of some chemicals in commerce, particularly intermediate products, are such that their movement represents a risk to society in terms of environmental damage, bodily injury, and carcinogenic effects that may not surface for years. This study traces the development of the ocean chemical transportation system with emphasis on the technology, management and regulatory regime that has evolved to control these risks. Selected incidents involving hazardous chemical cargoes are reviewed, highlighting the industry and …

The Exclusive Economic Zone: The Impact Of The 1982 Law Of The Sea Treaty On Worldwide U.S. Naval Operations, John C. Meyer

Theses and Major Papers

The focus of the Third United Nations Conference on the Law of the Sea (UNCLOS III) was on the development of an international legal regime for the peaceful use of the world's oceans. The maritime powers, particularly the United States, viewed this new regime in terms of preserving traditional high seas freedom of navigation and overflight, and limiting expanding coastal state claims over their adjacent water and airspace. Developing countries, emerging from a period of decolonization, sought to enhance their security and gain economic benefit from this new legal regime, through the seaward extension of claims to jurisdiction over what …

Licensing Of The U. S. Maritime Personnel: The International Impacts, Warren G. Schneeweis

Theses and Major Papers

This paper examines the international and Federal efforts to enhance safety at sea and the protection of the marine environment through the development of standards to improve the training and strengthen the professional qualifications of seafarers. Special regard is made to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, signed by the United States in 1979, and to the proposed amendments to the Federal regulations for licensing U. S. maritime personnel which will bring the U. S. licensing scheme in general conformance with that Convention. This research should lessen resistance to U. S. ratification of …

The Exclusive Economic Zone-Considerations For Management With Special Reference To Developing Nations, John G. Catena

Theses and Major Papers

Having successfully initiated and developed the legal aspects of the Exclusive Economic Zone (EEZ) the challenge which now arises for the developing coastal nations is to implement an ocean management system to more fully realize the potential benefits of extended jurisdiction. This study discusses the needs and problems developing nations may encounter in developing such a management system and also considers the ways and means to meet these needs and overcome these problems. The study suggests that coastal nations should adopt an integrated three phased ocean policy process consisting of a (1) priority establishment phase (policy formulation) (2) strategic phase …

Maritime Boundaries Between Trinidad And Tobago/Venezuela/Barbados And Grenada - Its Impact On Offshore Oil, Patty Marajh

Theses and Major Papers

The future of the economy of Trinidad and Tobago is heavily dependent upon the exploitation of the hydrocarbon resources in its continental shelf. Trinidad's geographical proximity to the Venezuelan mainland is relevant because both states share the same continental shelf in areas not delimited by the 1942 gulf of Paria Treaty. The continental shelves of Barbados and Grenada also intersect and these areas have not been delimited and defined by any agreement. The current expansion of the exploration and exploitation of crude oil and natural gas have raised several problems within recent years. This thesis will focus attention to the …

A Multidisciplinary Analysis Of The Imposition Of Countervailing Duties On Canadian Groundfish Imports, Richard A. Pearson

Theses and Major Papers

This thesis provides a multidisciplinary analysis of the circumstances which surrounded the successful imposition of a countervailing duty on whole Canadian groundfish, and indicates what implications this action may have for the future. First, it will situate the countervailing duty investigation in terms of its relationship with U.S. statutes, and also with the Nation's international obligations. Then, the impact of the duty is examined to see how it might affect a potential free trade agreement with Canada. Similarly, the thesis projects what effect the duty will have in establishing a precedent, and assesses the likelihood of imposing similar duties on …

Fishermen's Personal Injuries: A New Look At The Fishing Industry's Insurance Crisis, Frederic M. Fairfield

Theses and Major Papers

Increasing cost and shrinking availability of marine insurance have resulted in serious problems for broad sectors of the nation's commercial fishing fleet. Sharp reductions in the availability of Protection and Indemnity coverage have idled vessels nationwide regardless of individual safety records. The causes of the current problem are varied and numerous, with significant roles played by the fishing industry, the regulatory framework, the insurance industry, and the legal remedies involved. Ultimately, the solution will require both a reduction in the frequency of fishermen's injuries and modifications to the present compensation system, reducing insurance costs while security equitable compensation for the …

The Canadian And Soviet Claims To The Arctic Sea Routes: A Comparative Study, Raymond C. Bourgeois

Theses and Major Papers

The Arctic Polar Region is becoming increasingly important in terms of strategic operations. especially on the part of the superpowers. Surrounding the Arctic Ocean are two passages through which international navigation is possible. The Northwest Passage lies within Canada's coastline. and the Northeast Passage. within the Soviet Union's northern shores. Both countries have advanced claims to the effect that the waters of these passages are under their respective exclusive jurisdiction; thus. they are claiming these as their internal waters. The US disagrees and maintains that the waters of those northern Arctic sea routes are international waters. This paper discusses the …

American Coastwise Trade Law, Mark Dean Aspinwall

Theses and Major Papers

Federal involvement in the shipping industry dates back to 1789. Since then, governmental efforts to promote the American merchant marine have taken a variety of forms, including the prohibition of foreign shipping from the coastwise trade. To this end, laws have been enacted which deal with specific activities considered to be coastwise trade in nature and which ban the use of foreign-flag and, in some cases, foreign-built ships from those activities. However, the laws are narrowly worded and archaic, and have been unable to adequately address modern trends in coastal commerce. Maritime service industries have emerged in recent years which …

U.S./Japanese Fishery Relations: Reflections On The Past And The Unsettled Future, Matthew Axel

Theses and Major Papers

U.S.-Japan fisheries history spans over a half-century of controversy. A variety of developments have taken place over this period from past to present illustrating this point. This paper will present this subject in three parts, corresponding to the historical developments that have taken place. The saga begins with U.S. post-World War II aid in rebuilding the Japanese tuna, whaling and salmon fleets. Round two examines the rapid expansion of the Japanese utilization of Alaska pollock and the development of the surimi trawlers in the early 1960s. Finally, round three, which will encompass the majority of the subject matter discussed, begins …

Interstate Fisheries Management Problems: The Case Of Striped Bass, Richard Randall Schneider

Theses and Major Papers

The striped bass (Morone saxatilis), or rockfish, fishery has been important both commercially and recreationally for decades along the Atlantic seaboard. In recent years, though, the fishery has undergone a serious decline and, as a result, has elicited considerable public concern. Although specific reasons for the decline have not been pinpointed, it is clear that inconsistent management practices within the range of striped bass have done little to help the fishery's condition. An anadromous species, striped bass spawn in the fresh water reaches of estuaries, after which many of the individuals return to the coastal ocean. In the Atlantic, the …

Carriage Of The Package By Sea: An Analysis Of Laws Governing Shipowner Liability For Cargo Damange, Amy M. Stone

Theses and Major Papers

This thesis traces the development of laws governing limitation of shipowner liability to cargo owners from the Harter Act to the Hague Rules and the Carriage of Goods by Sea Act (COGSA). The inadequacy of the $500 per package limitation of liability as protection to shippers is illustrated through the use of case studies by comparing the application of this provision to break-bulk shipments when COGSA was first passed to its application today in the age of containerization. The efforts of the major maritime nations to revise the Hague Rules/COGSA system in the Visby Amendments are examined and compared to …

Legal Status Of Developed Tidelands In The Northeast: A Three-State Sampling, Anne F. Ackenhusen

Theses and Major Papers

The tidelands law of the United States has evolved sporadically. As the nation's population pressures have increased, and every conceivable type of development hasattempted to locate in the coastal zone (1), the regulationof tidelands has become increasingly stringent. No longer can a private party fill an acre of tidelands on whim. Inthe past, however, unauthorized tideland development was a frequent occurrence. Thus current state governments must deal with a legacy of improperly filled tidelands. This paper will examine some of the states' attempts to address the problem of illegally improved tidelands.

Orvs On The Cape Cod National Seashore, Karen G. Chaffee

Theses and Major Papers

With the creation of a National Seashore, we incur the responsibility of maintaining and preserving it. Since the establishment of the Cape Cod National Seashore in 1961, the use of off-road vehicles (ORV's) has increased dramatically. These vehicles damage the fragile ecosystems of the seashore. The National Park Service Cooperative Research Unit at the University of Massachusetts, Amherst was commissioned to undertake a five year study of the many facets of off-road vehicle impact on beach and dune as well as salt marsh and tidal flats.

The Emerging Regime Of Islands As Archipelagic States, Frank Gable

Theses and Major Papers

This essay will discuss the significance of islands as archipelagos, i.e. any two or more islands identified politically as one entity. Within the body of this report will be references regarding the historical background to archipelagos and how they emerged into international topics of law. Further, the differences international law affords coastal archipelagos as opposed to outlying mid-ocean archipelagos will be interpreted. These differences include, for instance, the design of baselines used to enclose territorial waters. As the paper progresses, the reader will being to see how the Third United Nations Conference on the Law of the Sea (UNCLOS (III) …

Ixtoc I: Case Study Of A Major Oil Spill, Peter G. Myer

Theses and Major Papers

The most disastrous oil spill the western hemisphere has ever witnessed occurred during the 10 months between June 1979 and March 1980, when the experimental well IXTOC I blew out off the coast of Mexico's Yucatan Peninsula. The disaster's effects on South Texas virtually destroyed a year's earnings for the region's tourism industry and cut into the profits of many commercial fishermen. The activities at the well that caused the blowout and subsequent spill, the effects of the oil on Texas' Gulf Coast, and the legal attempts to recover against losses suffered as a result of the spill will be …

The National And International Legal Complications Of Subseabed Emplacement Of High-Level Nuclear Waste, Lynn Carlson

Theses and Major Papers

High-level radioactive waste produced by nuclear power generation, weapons production, and medical research has been accumulating in temporary storage pools in many countries. A permanent method of disposal will soon benecessary to ensure against contamination of man and the environment. Land-based geologic formations, such as salt domes, are the preferred sites for disposal at this time in the United States. Subseabed emplacement is one option under consideration and the technological aspects of this method are currently being studied. In order to resolve these issues, it is proposed that relevant laws be conditionally amended to legalize subseabed emplacement, but only after …

The Maritime Boundaries Of Venezuela, Jose L. Cedeno

Theses and Major Papers

Venezuela has maritime boundaries with the following neighbors: two adjacent coastal states, Colombia and Guyana, and six opposite coastal states Trinidad-Tobago, Grenada, San Vincent and the Grenadinas, Sain Lucia, Dominica and Dominican Republic, one United States commonwealth associates states (Puerto Rico) and with dependent islands of the United States (Virign Islands), United Kingdom (Nevis, St. Christopher and Montserrat), France (Guadeloupe and Martinique) and Netherland (Curacao, Aruba, Bonaire, Saba and St. Eustatius).

The paper discuss at length three recent Venezuelan agreements: a fishing agreement with Trinidad and Tobago (1977), plus two Exclusive Economic Zone (EEZ) delineation treaties concluded almost simultaneously in …

Chartering Recreational Boats In The United States: A Compilation And Analysis Of Applicable Federal Maritime Law, Mary Nathalie Peter

Theses and Major Papers

No single primary source exists to provide current and would-be participants in recreational charter boat operations in the United States with a basic legal understanding of their rights and obligations. The relevant federal maritime standards, laws, regulations, and judicial interpretations are scattered in isolated codebooks, reporters, and bulletins. Moreover, the governing body of law for boat chartering is admiralty law, which has been shaped throughout the centuries primarily by the traditions and dictates of the commercial shipping and shipbuilding industries. As a result, the logic behind the admiralty framework tends to be obscure when viewed in the context of a …

The Law Of The Sea: International Law Implications Of The U.S. Refusal To Sign The Treaty, Richard D. Coogan

Theses and Major Papers

This study is undertaken to show the impact of the international law aspects of the Law of the Sea Treaty as they relate to the U.S. failure to sign the Treaty. The U.S. has embarked on a course of action, by its refusal to sign the Treaty, that can have major impact on day-to-day national policy issues as they relate to international law governing a state's behavior. The U.S., in refusing to sign the Treaty because of the deep seabed provisions, and yet claiming other provisions as reflecting customary law, is probably correct as viewed in today's realities.

A Practical Guide To Admiralty Law For The Seagoing Naval Officer, John Edward Walters

Theses and Major Papers

Daily there are hundreds of United States Navy vessels operating in foreign, international and domestic waters. The knowledge of admiralty law possessed by the officers on these vessels is extremely limited. Prospective Commanding Officers of Navy vessels are trained in areas of international and maritime law, but not in cases involving admiralty. If a United States naval vessel is involved in an admiralty incident, the only recourse the Commanding Officer has is to contact his superior and wait for word from the Staff Judge Advocate representative. It is not necessary for Commanding Officers to be experts on admiralty matters in …

Impact Of The Law Of The Sea Treaty On The Soviet Fishing Industry, Gary Lee Roemmich

Theses and Major Papers

The signing of the United Nations Conference on the Law of the Sea (UNCLOS) Treaty was the maturation of an idea that was born thirty-six years ago. That treaty placed into effect the 200 mile exclusive economic zone (EEZ). A universal 200 mile EEZ could be a death knell for the high-seas fishing fleets we know today as the majority of the major fishing grounds lie within 200 miles of the coast. The Soviet Union presently has the largest fishing fleet in the world and will perhaps feel the largest impact from the treaty signing. This paper intends to evaluate …

Offshore Jurisdiction And Federal-State Relations: The 12 Nautical Mile Territorial Sea And The Tidelands Controversy, Jeremy D. Wiese

Theses and Major Papers

Recently, after several decades of negotiations, the United States, acting through the President, opted not to sign the United Nations Law of the Sea Treaty. In the aftermath of this decision those individuals involved with marine affairs are beginning to examine the Treaty's separate provisions to ascertain those which the U.S. may embrace under the auspices of customary international law. To date, this examination has led to a Presidential Proclamation generating an Exclusive Economic Zone for the U.S. Jurisdictionally, the next logical step would be U.S. adoption of the 12 nautical mile limit for its territorial sea. Indeed, movement in …