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Full-Text Articles in Law
Foreword, Patsy T. Mink
Foreword, Patsy T. Mink
San Diego Law Review
In this foreword, the writing claims that the major dimensions of the United Nations Conference on the Law of the Sea (UNCLOS) remains a major systematic conflict among diverse national and international perspectives, values, norms, and expectations. The sixth session of UNCLOS has highlighted the highly politicized nature of economics in relations among nations, the growing capacity of developing countries to identify and coalesce around mutually perceived core interests, and the highly confrontational nature of the dialogue between developed and developing states.
Introduction, H. Gary Knight
Introduction, H. Gary Knight
San Diego Law Review
In this introduction, H. Gary Knight reflects on the coverage of the seabed question by the nine previous issues of the San Diego Law Review's "Law of the Sea" series. The introduction then introduces the two articles in this issue that pertain to the seabed question, as well the other two lead articles that deal with fisheries and pollution.
Custom And Land-Based Pollution Of The High Seas, James E. Hickey Jr.
Custom And Land-Based Pollution Of The High Seas, James E. Hickey Jr.
San Diego Law Review
This article explores existing legal sources to determine whether customary international law applies to land-based pollution of the high seas. The author begins by defining some important terms including "land-based pollution of the high seas" and "customary international law". The author then discusses customary international law as it applies to the high seas and makes analogies to international rivers, air pollution, the law of hostile expeditions, and outer space. The author addresses customary international law that has been in existence since 1958 including treaties, declarations of international bodies, and published commentary.
Different Approaches To International Regulation Of Exploitation Of Deep-Ocean Ferromanganese Nodules, F. L. La Que
Different Approaches To International Regulation Of Exploitation Of Deep-Ocean Ferromanganese Nodules, F. L. La Que
San Diego Law Review
This article examines the advantages and disadvantages of various approaches to international regulation of the exploitation of ferromangense nodules. Some of the approaches considered are licensing of an independent operator by a UN Seabed Authority, a "contract for services" alternative, a joint venture arrangement, or direct exploitation. The author claims that effects on the economies of developing nations, the transfer of technology, and the location of land-based processing plants and the control of distribution of metals from nodules need not be considered as critical factors in the choice of approaches to the regulation of deep-ocean mining.
Significant Fishery Management Issues In The Law Of The Sea Conference: Illusions And Realities, Farin Mirvahabi
Significant Fishery Management Issues In The Law Of The Sea Conference: Illusions And Realities, Farin Mirvahabi
San Diego Law Review
This article discusses several significant fishery issues left unsettled by the Third United Nations Law of the Sea Conference. The author begins by addressing the issue of 200-mile exclusive economic zones for coastal nations. Next, the author discusses several approaches of the conservation regime, including a universal approach, regional approach, treaty approach, and non-treaty approach. The author then examines regional fishery problems in the North Pacific, East Central Atlantic, and Indian Ocean. The author concludes by giving a final appraisal of the Law of the Sea Conference and a possible solution for the conservation of fisheries.
The Innocent Passage Of Warships In Foreign Territorial Seas: A Threatened Freedom, Lawrence Wayne Kaye
The Innocent Passage Of Warships In Foreign Territorial Seas: A Threatened Freedom, Lawrence Wayne Kaye
San Diego Law Review
This comment explores the right of warships to make innocent passage through foreign territorial seas. The understanding of many nations regarding the 1958 Convention on the Territorial Sea and Contiguous Zone was that all ships on a peaceful mission are allowed to move through foreign territorial waters without restriction. However, an increasing number of coastal states have begun requiring prior notice before allowing warships innocent passage. The author explores the background of this issue as well as the contentions of both sides. The author concludes that the future is gloomy for the principle of innocent passage as applied to warships.
Controlling "Pirate" Broadcasting, Mitchell J. Hanna
Controlling "Pirate" Broadcasting, Mitchell J. Hanna
San Diego Law Review
This comment examines the problem of "pirate" broadcasting. "Pirate" broadcasting is used in this comment to describe radio and television broadcasting from ships or fixed structures located on the high seas that effectively allow the broadcasters to avoid regulation by coastal states. The author starts by discussing extraterritorial jurisdiction and why it must considered while discussing "pirate" broadcasting. The author then gives a historical background of "pirate broadcasting" including attempts to prevent it. Finally, the author discusses action taken by the United Nations against "pirate broadcasting".
Territorial Status Of Deepwater Ports, Gordon Earl Dunfee
Territorial Status Of Deepwater Ports, Gordon Earl Dunfee
San Diego Law Review
This comment examines the legal status of offshore deepwater ports built to accommodate supertankers. The author argues that a deepwater port may be used in delimination of the territorial sea. The author goes on to analyze the necessity of territorial status for deepwater ports. The author also examines the circumstances that permit the expansion and resulting delimination of the coastal State's territorial sea. Finally, the author discusses the United States Deepwater Port Act of 1974, which might be the first unilateral declaration dealing with superports.
A Constitution For The Oceans: Comments And Suggestions Regarding Part Xi Of The Informal Composite Negotiating Text, Elisabeth Mann Borgese
A Constitution For The Oceans: Comments And Suggestions Regarding Part Xi Of The Informal Composite Negotiating Text, Elisabeth Mann Borgese
San Diego Law Review
This article examines the provisions of Part XI of the Informal Composite Negotiating Text, which will serve as a basis for discussion at the seventh UNCLOS conference session. The author claims that there is a strong relationship between the law of the sea and efforts of the developing nations to restructure the world political and economic systems. The author makes several comments on Part XI and suggestions for how it could be reformed to accommodate developing nations in trying to create a new world economic order.
Legal Claims To Newly Emerged Islands, Jimmy L. Verner Jr.
Legal Claims To Newly Emerged Islands, Jimmy L. Verner Jr.
San Diego Law Review
This comment explores the law regarding the ownership of newly emerging islands. Specifically, the comment examines who might claim ownership of newly emerged islands between the Volcano and Mariana Islands and under what theories these claims could be made. The author begins by discussing the use of existing seabed claims to claim newly emerged islands. The author then discusses how the theories of contiguity, occupation, and discovery might be used to claim newly emerged islands. The author concludes by discussing the political feasibility of such claims and the possible effect the UNCLOS III would have.
Cultural Resources Preservation And Underwater Archaeology: Some Notes On The Current Legal Framework And A Model Underwater Antiquities Statute, James Kevin Meenan
Cultural Resources Preservation And Underwater Archaeology: Some Notes On The Current Legal Framework And A Model Underwater Antiquities Statute, James Kevin Meenan
San Diego Law Review
This note examines the legal facets of underwater archaeology and the preservation of cultural resources on the seabed. The author begins by discussing the question of who has jurisdiction to regulate and preserve cultural resources on the seabed. The author then moves on to examine antiquities legislation presently in existence and the possibility of extending or modifying it to cover underwater archaeology. The author concludes that the basic principles of the model statute might be useful in creating new laws that will extend the historic preservation all the way to the seabed.