Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- And Cooperation; port state control (1)
- Arctic Polar Region; Soviet Union; Canada; Northwest Passage; Northeast Passage; international waters; UNCLOS III (1)
- Canada; UNCLOS III; coastal zone management; CIDA; IDRC; ICOD; PCIAC; EEZ (1)
- Certification and Watchkeeping for Seafarers; IMO; International Maritime Organization (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)
-
- Commercial Fishing Industry Vessel Safety Act; fishing boats; United States Coast Guard; legislation (1)
- Environmental protection; United States Nuclear Regulatory Commission; radioactive waste (1)
- European community; Law of the Sea Conference; marine resources (1)
- Exclusive Economic Zone; EEZ; maritime law; marine resources management;National Aquatic Resource Management Council (1)
- Falkland Islands; Islas Malvinas; Patagonian shelf; fishery management; Falkland Islands Conflict; common hake; Merluccius hubbsi; Patagonian hake; M. polylepis; Falkland Islands Interim Conservation and Management Zone; FICZ; Falklands Outer Conservation Zone; FOCZ (1)
- Intermodal transport; shipping; environmental protection; chemical transportation; Inter-Governmental Maritime Consultation Organization; IMO; Chemical Code; MARPOL (1)
- Marine safety; marine pollution; port states; flag state compliance; International Convention of Oil Pollution Preparedness (1)
- New York Bight; ecosystem management; United States; marine pollution (1)
- Oceania; nuclear weapon free zones; South Pacific Nuclear Free Zone Treaty; SPNFZ; nuclear waste; ecosystem management (1)
- Oceanography; EEZ; scientific research; fisheries (1)
- Persian Gulf War; ecosystem management; environmental protection; oil spills; ecoterrorism; legislation (1)
- Response (1)
- UNCLOS III; ship-borne pollution; Law of the Sea; environmental protection (1)
- United States Army Corps of Engineers; dredging; Public Law 95-269; marine resources (1)
- United States; Delaware; Delaware Coastal Zone Act; coastal zone management; constitutional law (1)
- United States; Massachusetts; public lands; tidal flats; waterfronts; law and legislation; Massachusetts Chapter 91 Waterways Program; Public Trust Doctrine; Massachusetts Marine Trades Association; MMTA (1)
- United States; New York Bight; marine pollution; waste disposal; ecosystem management; National Oceanic and Atmospheric Administration; NOAA (1)
- United States; Rhode Island; Rhode Island Coastal Resources Management Council; CRMC; Rhode Island Coastal Resources Management Program; CRMP; coastal zone management; enforcement activities; compliance (1)
- United States; anchorage; mooring of ships; law and legislation; Hawaii (1)
- United States; federal government; oil spills; Federal Water Pollution Control Act; FWPCA; environmental protection; ecosystem management; state's rights (1)
- United States; marine research programs; coastal zone management; UNCLOS III; UNOLS (1)
- United States; maritime personnel; licensing; environmental protection; maritime law; International Convention on Standards of Training (1)
- United States; offshore oil industry; Organization of Petroleum Exporting Countries; OPEC; Law of the Sea Conference (1)
- United States; recreational charter boats; Federal maritime law; bareboat charter; United States Coast Guard; coastwise license (1)
- Venezuela; Trinidad and Tobago; Barbados and Grenada; maritime boundaries; continental shelf; offshore oil industry; Gulf of Paria; marine resources development (1)
Articles 1 - 27 of 27
Full-Text Articles in Law
A Policy Analysis Of The Commercial Fishing Industry Vessel Safety Act Of 1988, Peter Decola
A Policy Analysis Of The Commercial Fishing Industry Vessel Safety Act Of 1988, Peter Decola
Theses and Major Papers
During the mid-1980's, the crisis in marine insurance and growing concern over fishing vessel safety combined to stimulate passage of the Commercial Fishing Industry Vessel Safety Act of 1988. This law was enacted with the goal of improving the overall safety of commercial fishing industry vessels. However, the Act as passed by Congress contained no provisions for marine insurance reform. As a result, the commercial Fishing Industry Vessel Safety Act offered little incentive for the industry to improve upon its dubious safety record. With the exception of self-insurance clubs, the vast burden of implementing the Act has fallen upon the …
The Evolving "Takings" Doctrine: The Supreme Court Poses A Challenge For Coastal Zone Management, Catherine L. Chase
The Evolving "Takings" Doctrine: The Supreme Court Poses A Challenge For Coastal Zone Management, Catherine L. Chase
Theses and Major Papers
There is an increasingly powerful and vocal group coalescing in society today, sometimes described as anti-environmentalists or Property Firsters, who feel that the government has exceeded its authority in interfering with individual rights for the purpose of protecting natural resources. Regardless of any personal convictions regarding this often emotionally-charged issue, people involved in coastal management and planning should be aware of the changes in legal doctrines which have come about as a result of "property first" challenges to regulatory or zoning statutes. These challenges have been pursued successfully in the courts by characterizing state and local land use ordinances as …
The Persian Gulf Oil Spill: A Case Study Of Emerging International Law On Environmental Damages During Hostilities, Esther J. Mcclure
The Persian Gulf Oil Spill: A Case Study Of Emerging International Law On Environmental Damages During Hostilities, Esther J. Mcclure
Theses and Major Papers
During the 1991 Persian Gulf War, the retreating Iraqis caused the deliberate discharge of six million barrels of oil into the shallow waters of the Persian Gulf. The immediate impact on the ecosystem was dramatic, and, because of the intense media coverage of the conflict, highly visible to the American public. The spill popularized the term 'ecoterrorism' and raised serious questions about the applicability of international law to the situation. There are numerous conventions that seek to establish standards of due diligence for the prevention of accidental pollution and to impose civil liability on those who damage the environment, but …
State Imposed Anchorage Laws: Legitimate Practice, Or Unconstitutional Restriction Of Navigation?, George Yatrakis
State Imposed Anchorage Laws: Legitimate Practice, Or Unconstitutional Restriction Of Navigation?, George Yatrakis
Theses and Major Papers
In recent times, there has been a proliferation of laws enacted by individual states and townships which restrict the ability of mariners to anchor within navigable waters of the United States. These laws have been enacted in many of the coastal states, but are most prevalent in California, Florida and Hawaii. Uncertainty as to whether anchoring is an act of navigation, thereby being a constitutional right, has resulted in confusion among boaters, legal authorities and policy makers. In an attempt to clarify the uncertainty surrounding this issue, a lawsuit challenging the constitutionality of anchoring laws within the State of Hawaii …
Marine Safety And Pollution Prevention: The Role Of The Port State, Jonathan Douglas Sarubbi
Marine Safety And Pollution Prevention: The Role Of The Port State, Jonathan Douglas Sarubbi
Theses and Major Papers
This paper will examine the evolving role of the port State with regard to the enforcement of international safety of life at sea and pollution control standards and its effect on improving maritime safety and reducing vessel-source pollution. Chapter 2 will analyze the flag State enforcement regime, with particular emphasis on flags of convenience or open registries countries demonstrating the inadequacy of flag State enforcement and the need for port State control. Chapter 3 will examine the concept and legal requirements of the port State control regime. Chapter 4 will focus on the role of the port State with respect …
Problems Of Fisheries Management On The Patagonian Shelf: A Decade After The 1982 Falklands (Malvinas) Conflict, Gustavo A. Bisbal
Problems Of Fisheries Management On The Patagonian Shelf: A Decade After The 1982 Falklands (Malvinas) Conflict, Gustavo A. Bisbal
Theses and Major Papers
The armed conflict between Argentina and Britain over the Falkland Islands (Islas Malvinas) early in 1982, resulted in a confusing partition of the maritime area around these islands. The military strategies and policies developed by both countries during and after the war created an unclear situation regarding limits and jurisdictions, thus delaying managerial actions and regulation enforcement over the fishing resources of the area. Several foreign fishing fleets operating in the region at the time, took advantage of the lack of protective legislation and recognized authority, resulting in overfishing of species such as squid and hake. No significant control was …
The Politics Of Tidelands: A Case Study Of The Massachusetts Chapter 91 Program, Jane Mcnally Wright
The Politics Of Tidelands: A Case Study Of The Massachusetts Chapter 91 Program, Jane Mcnally Wright
Theses and Major Papers
The Massachusetts Chapter 91 Waterways Program is a licensing program through which the Commonwealth carries out its responsibilities under the Public Trust Doctrine. It was unclear when this study was undertaken whether public participation in the program development process resulted in a different program than the draft program the state originally proposed in 1986. This qualitative case study was developed based on hundreds of pages of letters, comments and testimony from the public, press clippings and interviews. The primary finding is that public participation, particularly from so-called special interest groups, resulted in a final program which was significantly different from …
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 …
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 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 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 …
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 …
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 …
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 …
Ending Subsidized Degradation: The Ocean Dumping Example, Brenda Asher Dillman
Ending Subsidized Degradation: The Ocean Dumping Example, Brenda Asher Dillman
Theses and Major Papers
There is no way to measure, on a global scale, the pollution dumped directly into the oceans, let alone all the tens of thousands of particulates, toxics, and gaseous substances are added each day to the atmosphere surrounding the New York Bight. The aim of this paper is to develop a user fee framework for the ocean dumping of municipal sludge. Such a proposal requires a radical departure from the standards and enforcement approach of today's legislation. The ocean dumping of municipal sludge, while accounting for only a small percentage of the total waste dumped into the Bight, has proven …
Chartering Recreational Boats In The United States: A Compilation And Analysis Of Applicable Federal Maritime Law, Mary Nathalie Peter
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 …
A Comparison Of Global Conventions Concerned With Controlling Ship-Borne Pollution On The High Seas, Robert F. Ogurek
A Comparison Of Global Conventions Concerned With Controlling Ship-Borne Pollution On The High Seas, Robert F. Ogurek
Theses and Major Papers
This paper will compare the global conventions concerned with controlling ship-borne pollution, noting the major differences in regulations concerned with the prevention, control and reporting of pollution incidents, as well as the enforcement provisions of these conventions. Section I of this paper will be a discussion of the provisions made in the Third United Nations Conference on the Law of the Sea Draft Convention on the Law of the Sea (not yet in force) concerning ship-borne pollution. Section II will be a discussion of the major global conventions, both those presently in force and those yet to enter into force, …
Technical And Legal Considerations Immanent In The Disposal Of Commercial Nuclear Waste, Margaret D. Davidson
Technical And Legal Considerations Immanent In The Disposal Of Commercial Nuclear Waste, Margaret D. Davidson
Theses and Major Papers
There is, currently, a flurry of activity as the present Administration, along with the United States Department of Energy and the United States Nuclear Regulatory Commission, struggles to develop a comprehensive national program for the management and disposal of radioactive wastes. The first section of the paper deals with some of the inherent technical issues. This includes a review of the origin of nuclear wastes; the hazards of the wastes, including impacts upon the biological environment; and the extent of the state of the art for disposing of such wastes. The second section is an attempt to review the scope …
The European Economic Community: Example Of Regionalization Of The Sea?, B. Deniaux
The European Economic Community: Example Of Regionalization Of The Sea?, B. Deniaux
Theses and Major Papers
The European Law and power has not such a world-wide application nowadays, and it is rather against the rules created by the old European order that the nations formed during the second part of this century have begun a rebellion process. One can address the following questions: what exactly is nowadays the action of the European Community at sea: is there a common policy of the common Market toward marine related problems? If there is one, what is the actual impact of this policy at the international level, and especially these days, in regards of the Law of the Sea …
The Two Hundred Mile Economic Zone And Scientific Research, Peter R. Latham
The Two Hundred Mile Economic Zone And Scientific Research, Peter R. Latham
Theses and Major Papers
Knowledge of the deep ocean floor; continental shelves and margins is basic to many present and future uses of the sea. Such uses include mineral extraction, navigation of surface and subsurface vehicles, construction of structures on the sea bottom and along the margin, and exploitation of living resources of the shelf and of the water column. Uses of the ocean are directly impinged upon by technological changes resulting from research efforts. Applied science is nowhere more visible than in current development of offshore petroleum sources, development of new fisheries and speculation over possibilities for wealth awaiting mankind on the sea …
Offshore Oil Interests Of The United States: An Overview, Scott H. Marstan
Offshore Oil Interests Of The United States: An Overview, Scott H. Marstan
Theses and Major Papers
The following discussion focuses on the current situation as regards U.S. oil interests worldwide offshore. It divides into three general areas: 1) a general view of the scope of the U.S. oil companies' investments offshore, foreign and domestic, 2) an analysis of the recent rise to power of the Organization of Petroleum Exporting Countries (OPEC) and the ensuing problems created for U.S. oil investments abroad, and 3) a brief history and a discussion of U.S. oil interests in the law of the sea as an expression of their concern for resolution to OPEC-like problems.
The Development And Constitutionality Of The 1971 Delaware Coastal Zone Act, Francis Cameron
The Development And Constitutionality Of The 1971 Delaware Coastal Zone Act, Francis Cameron
Theses and Major Papers
In June 1971, the Delaware Legislature passed the Delaware Coastal Zone Act that barred heavy manufacturing industry from locating in an area one to six miles deep along the state's 115 mile coastline. The act created a State Coastal Zone Industrial Control Board to hear appeals from decisions of the State Planner. In addition, the act prohibited the construction in the bay of marine terminals for the transshipment of liquid and solid bulk materials of any substance, (specifically aimed at offshore oil and coal transfer) from vessels to onshore facilities. The law's immediate effect was to block several hundred million …