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Full-Text Articles in Law
Recent Developments In The Law Of The Sea Iv: A Synopsis, G. D. Greenblatt, J. R. Miller, A. J. Waldchen
Recent Developments In The Law Of The Sea Iv: A Synopsis, G. D. Greenblatt, J. R. Miller, A. J. Waldchen
San Diego Law Review
This Article presents an annual synopsis of important events pertaining to the law of the sea which occurred between February 1, 1972, and January 31, 1973. Our major sources of information included the New York Times, the Environmental Reporter, the United States Code Congressional and Administrative News, the Congressional Record, the United Nations Chronicle, and International Legal Materials. It is our hope that the search through a seemingly endless array of indices, newspapers, microfilms, and dusty shelves will prove to be of value. We regret that the synopsis must once again report more problems than solutions, but it is with …
Seamounts And Guyouts: A Unique Resource - The Necessity For Express Recognition In The Formulation Of An International Regime Of The Seabed, S. K. Eaton Jr., Janet Judy
Seamounts And Guyouts: A Unique Resource - The Necessity For Express Recognition In The Formulation Of An International Regime Of The Seabed, S. K. Eaton Jr., Janet Judy
San Diego Law Review
With dwindling natural resources, the international community needs a legal regime to regulate the exploration of seabed resources, notably seamounts and guyouts. This Article evaluates the legal status of seamounts and guyouts under international law with suggestions on the possible uses of these phenomena, while also attempting to formulate and assess a legal regime that properly recognizes the different characteristics of the sea bed from land formations. The geological characteristics of Seamounts and guyouts are important to any legal consideration. Because seamounts and guyouts are underwater mountains formed by volcanic activity, they have many possible uses, such as for research, …
A Harbinger: The Senkaku Islands, Thomas R. Ragland
A Harbinger: The Senkaku Islands, Thomas R. Ragland
San Diego Law Review
This Article analyzes the Senkaku Island dispute between China and Japan, which raises questions over sovereignty and control over the natural resources of the islands, most importantly petroleum. This dispute illustrates the difficulty of allocating ocean resources among competing sovereignties according to existing international. The North Sea Cases, including the International Court of Justice's decision, are analyzed to demonstrate the difficulty of allocating any ocean resources. The dispute is further compounded by the interests of the petroleum industry and the proposed draft of the Nixon Treaty. This Article concludes by recommending a trusteeship concept allowing interested parties to derive mutual …
Jurisdictional Problems Created By Artificial Islands, Craig W. Walker
Jurisdictional Problems Created By Artificial Islands, Craig W. Walker
San Diego Law Review
An artificial island is a non-naturally formed, fabricated island created from material dredged from the sea bottom. This Article reviews the growing interest in international law of artificial islands. Artificial islands present three obstacles in international law: jurisdiction, freedom on the high seas, and construction on the continental shelf. The jurisdictional basis over artificial islands can be examined under existing concepts of international law, such as the legal vacuum theory and a contiguous zone basis for jurisdiction. This article concludes by proposing a legal regime for artificial islands under an exclusive coastal State authority.
The Ocean Dumping Convention-A Hopeful Beginning, Terry L. Leitzell
The Ocean Dumping Convention-A Hopeful Beginning, Terry L. Leitzell
San Diego Law Review
The Convention on the Prevention of marine Pollution by Dumping of Wastes and Other Matters deal was negotiated and agreed to during a tumultuous time in environmental matters. The Convention signals the possibility towards effective pollution control. Thus, this Article examines the Convention's history, structure, institutional arrangements, jurisdiction, and amendment procedures illustrate the increased need for international cooperation in environmental law. The Article concludes that the Convention represents international strength, and provides hope for protecting the marine environment.
The Deep Seabed Hard Mineral Resources Act-A Negative View, H. Gary Knight
The Deep Seabed Hard Mineral Resources Act-A Negative View, H. Gary Knight
San Diego Law Review
In opposition to Professor Laylin, this Article questions whether the United States should take unilateral action or attempt to secure an international agreement during the Third United Nations Conference. This Article contends that the Deep Seabed Hard Mineral Resources Act is inconsistent with the United States' present ocean policy, will have an adverse effect on current law of the sea negotiations, and contravenes international expectations as evidenced by the resolutions of the United Nations' General Assembly. Because the Deep Seabed Hard Mineral Resources Act does not adequately serve the U.S.'s resource management interests, this Article concludes that an international approach …
Foreword, Lee Metcalf
Foreword, Lee Metcalf
San Diego Law Review
The San Diego Law Review is to be congratulated for its fifth annual Law of the Sea Issue. The timely and well written articles appearing in this and past issues constitute a substantial contribution to contemporary scholarship related to evolving ocean policy. It is a privilege for me to write the introductory note for this outstanding issue.
High Seas Intervention: Parameters Of Unilateral Action, R. Palmer Cundick
High Seas Intervention: Parameters Of Unilateral Action, R. Palmer Cundick
San Diego Law Review
As the law of the sea flourishes into an area ripe with legal conflict, the question of oil spill pollution and liability looms large. Shipping oil involves international business, with great potential fall-out. This Article reviews the unilateral and multilateral action taken by coastal nations, with much focus on intervention trends in international ocean policy. The claimants, claims, and objectives of intervention cannot be appraised without reviewing the customary and convention rights created under international law. Under customary international law, the right of intervention in international waters was primarily shaped through two incidents: the bombing of the Torrey Canyon and …
The Law To Govern Deepsea Mining Until Superseded By International Agreement, John G. Laylin
The Law To Govern Deepsea Mining Until Superseded By International Agreement, John G. Laylin
San Diego Law Review
Presently, no international law exists to limit recovering mineral sources of the seabed beyond coastal state jurisdiction. Bills directed at regulating deep seabed mining, through international reciprocity, by U.S. companies have been introduced in both the Senate and the House of Representatives. This Article reviews pending legislation and comparable statutes proposed abroad and suggests the enactment of interim legislation, while at the same time responding to Professor Knight's assertions in his Article, The Deep Seabed Hard Mineral Resources Act A Negative View. This Article concludes that international legislation would help, rather than hurt, the United States.
United States Oceans Politics, Ann L. Hollick
United States Oceans Politics, Ann L. Hollick
San Diego Law Review
The current law of the sea debate concerns on the allocation and use of ocean space. This Article discusses the United States seabed policy including territorial, sea, straits, and fisheries by focusing on the participants in policy-making, the National Security Council system, and the President's seabed policy. Diverse national and commercial interests shape the United States' position on these ocean issues. Following this discussion, the Article examines the United Nations Conference on law of the sea in which the domestic and international perspectives are analyzed to determine whether the Conference's Seabed Committee can build a compromise on the seabed resources.