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Oceanography and Atmospheric Sciences and Meteorology Commons™
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- ASEAN States; EEZ; Association of Southeast Asian Nations; legislation; coastal zone management (1)
- Adjacency; Law of the Sea; continental shelf; legislation; Convention on the Territorial Sea and Contiguous Zone (1)
- Africa; Nigeria; EEZ; coastal zone management; tuna fishery; Atlantic Ocean; Yellowfin tuna; Skipjack tuna; Bigeye tuna (1)
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- Cape Cod (MA); off-road vehicles; National Seashore on Cape Cod; National Park Service; ecosystem management; legislation (1)
- Caribbean Sea; maritime disputes; Ocean Thermal Energy Conversion; (1)
- Carriage of the Package by Sea; COGSA; shipping; cargo handling; shipowner liability; Hamburg Rules; Visby Amendments (1)
- Certification and Watchkeeping for Seafarers; IMO; International Maritime Organization (1)
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- Coastal zone management; Coastal Zone Management Act; CZMA; state-federal conflicts (1)
- Coastal zone management; TRIDENT; continental shelf; marine resources management (1)
- Coastal zone management; takings doctrine; United States Supreme Court; legislation; Nollan v. California; Lucas v. South Carolina; land-use management; Beachfront Management Act (1)
- Coasts; wetlands; coastal zone management; New England; United States (1)
- Commercial Fishing Industry Vessel Safety Act; fishing boats; United States Coast Guard; legislation (1)
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- Deep Seabed Hard Mineral Resources Act; United States; legal issues; deep seabed; maritime law (1)
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Articles 31 - 60 of 102
Full-Text Articles in Oceanography and Atmospheric Sciences and Meteorology
Impacts Of The Unclos Iii Consent Regime On U. S. Marine Scientific Research, 1982-1989, Matthew Patrick Murphy
Impacts Of The Unclos Iii Consent Regime On U. S. Marine Scientific Research, 1982-1989, Matthew Patrick Murphy
Theses and Major Papers
The 1982 Conference on the Law of the Sea (UNCLOS III) has given states jurisdiction over unprecedented scopes of ocean space. Marine scientific research is among the activities under coastal state control. This thesis examines five possible areas of impact of coastal state control on United States research programs. These are: 1. research which was denied outright, 2. reasons for denials, 3. research which was delayed, 4. the extent to which researchers avoid requests in the waters of restrictive states, and 5. the level of interest among UNOLS institutions in cooperative arrangements with foreign governments. The international legal framework for …
Factors Influencing The Role Of Women In Indonesian Fisheries Development, Melissa A. Upton
Factors Influencing The Role Of Women In Indonesian Fisheries Development, Melissa A. Upton
Theses and Major Papers
Gender consideration is an essential component of fishery development activities. The purpose of this thesis is to help guide planners and decision-makers who are concerned with understanding the role of women in fisheries development in general as well as in the Republic of Indonesia. Thus, it is partially based upon field research conducted in Indonesia among fishing communities which are representative of different types of fisheries. Justification for research concerning the role of women in the fisheries sector and the reasons why women should be included in development policy and planning are presented in Chapter I. The general research setting, …
U.S. Freedom Of Navigation Program, Robert P. Girrier
U.S. Freedom Of Navigation Program, Robert P. Girrier
Theses and Major Papers
For the last decade, the United States has been engaged in "Freedom of Navigation" exercises with ships and aircraft in sea areas of disputed jurisdiction. At times these exercises have evoked armed responses from the nations concerned. What has been the purpose of these precipitous activities on the part of the u.S.? What is the legal basis for this activity, and has it served the interests of the international community or the United States? This paper will examine the elements of international law pertaining to disputes rising from territorial sea claims and their impact on passage and overflight. It will …
Dredging In The United States, Claude R. Newton
Dredging In The United States, Claude R. Newton
Theses and Major Papers
The original intent of this paper was to examine the role of the United States Army Corps of Engineers and their monopolistic hold on the dredging industry in the United States. How did the Corps of Engineers become the experts in this maritime environment? Why did not the Navy acquire this marine related related activity? to the naive observer, it may seem more logical to have this aspect of marine activity in the hands of the United States Navy, or even the United States Coast Guard. To have this seemingly marine activity under the control of the U.S. Army seems …
An Evaluation Of Noaa's Role In Ocean Dumping Policy Implementation, Kenneth W. Barton
An Evaluation Of Noaa's Role In Ocean Dumping Policy Implementation, Kenneth W. Barton
Theses and Major Papers
Dumping of wastes into the ocean has gone on for years especially in the New York Bight. The National Oceanic and Atmospheric Administration (NOAA) is mandated by Title II of the Ocean Dumping Act of 1972 to investigate the effects of ocean dumping on the marine environment. However, there is a perception within Congress, the public and other agencies that NOAA is not meeting it's responsibilities with regard to ocean dumping research. The effectiveness of NOAA's ocean dumping policies and programs and the difficulties in implementation experienced by the agency are evaluated by applying George Edwards' theory of policy implementation. …
The Canadian-American Dispute Over Dixon Entrance, Mary Kathleen Morrissey
The Canadian-American Dispute Over Dixon Entrance, Mary Kathleen Morrissey
Theses and Major Papers
The body of water between the southern tip of Alaska's panhandle and British Columbia's Queen Charlotte islands, known as Dixon Entrance, is one of four external maritime boundaries between the United States and Canada. This particular boundary has been an area of dispute ever since it was established and settlement does not appear to be imminent. yet, this dispute continues to create poor management of fish stocks, trade disruption, feelings of frustration among fishermen of both nations, and in general, it remains a thorn in the side of United States-Canadian relations. In this paper I intend to review the history …
Maritime Boundaries Of India - A Case Study, Piyali Talukdar
Maritime Boundaries Of India - A Case Study, Piyali Talukdar
Theses and Major Papers
This study examines the present status of the maritime boundaries of India in the context of applicable international laws related to boundary definition. As a developing nation with a long coastline and large Exclusive Economic Zone, it is important for India to define its boundary limits for better utilization and management of its marine resources. India has maritime boundaries with seven different nations; the geographical setting, political relationships and economic importances are different in each case, making each situation unique. Since appreciation of factors such as geographical, geophysical, resource potentials, etc. can help to realize the shape of the present …
The United Nations Convention On The Law Of The Sea, And Canadian Official Development Assistance, Lennox O'Riley Hinds
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 …