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Full-Text Articles in Law
The Ocean Enclosure Movement: Inventory And Prospect, Lewis M. Alexander
The Ocean Enclosure Movement: Inventory And Prospect, Lewis M. Alexander
San Diego Law Review
This Article examines the "ocean enclosure movement" and its future viability in light of the signing of the Convention. The author presents an overview of the development of the maritime jurisdictional regime and then examines the impacts of current jurisdictional claims on ocean use. The author continues to examine the potential trends in the ocean enclosure movement against the backdrop of the Convention.
Freedom Of The High Seas Versus The Common Heritage Of Mankind: Fundamental Principles In Conflict, E. D. Brown
Freedom Of The High Seas Versus The Common Heritage Of Mankind: Fundamental Principles In Conflict, E. D. Brown
San Diego Law Review
This Article examines the competing claims surrounding the refusal of the U.S. and other industrialized nations to sign the Convention. The author argues that it is now possible that seabed mining will proceed under a reciprocating state regime based on unilateral legislation, justified under the principle of the freedom of the seas. However, the signatory States have claimed that this type of legislation is contrary to international law based on the principle of the common heritage of mankind. The author examines the basis for each of these claims and how these claim survive under the current legal regime governing seabed …
The International Sea-Bed Authority Decision-Making Process: Does It Give A Proportionate Voice To The Participant's Interests In Deep Sea Mining?, Kathryn E. Yost
The International Sea-Bed Authority Decision-Making Process: Does It Give A Proportionate Voice To The Participant's Interests In Deep Sea Mining?, Kathryn E. Yost
San Diego Law Review
This Comment critiques the United States' refusal to sign the Convention, based on its contention that the International Sea-Bed Authority (ISA) decision-making process fails to proportionately protect its interests in deep sea mining. The author examines the underlying purpose of UNCLOS III and the divergent political and economic interests of the participants in deep sea mining. The author further examines the decision-making process of the ISA in order to determine which interests are represented and protected by the system, and compares this system to other international means. The author argues that the United States' should sign the Convention, as its …
Maritime Insurgency And The Law Of The Sea: An Analysis Using The Doctrine Of Distress, Grand Richard Telfer
Maritime Insurgency And The Law Of The Sea: An Analysis Using The Doctrine Of Distress, Grand Richard Telfer
San Diego Law Review
This Comment examines the international legal implications of an insurgent warship operating on the high seas. The author specifically addresses the rights of insurgents to conduct maritime operations and the right of third States to deny use of the high seas to these insurgents. The author argues that these claims may be provided an adequate forum under the doctrine of distress, or force majeure. The author examines potential arguments that an insurgent warship is a private vessel, and is stateless, but concludes that an insurgent is neither. The author further concludes that an insurgent warship is not generally subject to …
Recent Developments In The Law Of The Sea 1981-1982, G. David Robertson, Gaylene Vasaturo
Recent Developments In The Law Of The Sea 1981-1982, G. David Robertson, Gaylene Vasaturo
San Diego Law Review
This Synopsis highlights major events occurring between December 1981 and December 1982 that affect the law of the sea. It discusses the eleventh session of the Third United Nations Conference on the Law of the Sea and significant events outside the Conference.
The Law Of The Sea After Montego Bay, Bernardo Zuleta
The Law Of The Sea After Montego Bay, Bernardo Zuleta
San Diego Law Review
In his introduction, Mr. Zuleta provides a background of the issues surrounding the signing of the recent United Nations Convention on the Law of the Sea, the development of the Preparatory Commission, and the role that the United Nations plays as a forum for the negotiation of complex issues.
The Convention On The Law Of The Sea: A Preliminary Appraisal, Arvid Pardo
The Convention On The Law Of The Sea: A Preliminary Appraisal, Arvid Pardo
San Diego Law Review
In this Article, the author analyzes the 1982 United Nations Convention on the Law of the Sea. The author seeks to address whether the Convention adequately addresses the need to establish equity in ocean space between the states, as well as whether the Convention has developed adequate legal regimes to promote the global management of marine resources. He concludes that in certain areas, the Convention does not reflect true compromise but rather vague drafting that masks continued disparate positions among the signing States.
Exclusive Fisheries Zones And Freedom Of Navigation, William T. Burke
Exclusive Fisheries Zones And Freedom Of Navigation, William T. Burke
San Diego Law Review
This Article examines the conflict between the proposed extension of resource fishery zones and its potential interference with the freedom of navigation. The author analyzes the various policies in support of each side, with particular attention to the decisions and principles of conventional and customary law and special reference to provisions of the Convention. The author also examines various proposed measures in light of these legal decisions and principles. The author concludes that only limited authority to affect navigation should be recognized and that this right should be reserved to developing States that have special dependence on fisheries for their …
The United States Posture Toward The Law Of The Sea Convention: Awkward But Not Irreparable, Elliot L. Richardson
The United States Posture Toward The Law Of The Sea Convention: Awkward But Not Irreparable, Elliot L. Richardson
San Diego Law Review
In this Article, the author examines the position of the United States towards the Convention and the reasons behind its refusal to sign the Convention. The author argues that this refusal was disappointing and that the U.S. surrendered global stability for its own ideological purity. He argues that, by refusing to sign, the U.S. has isolated itself from direct decision-making in the Preparatory Commission. However, the author believes that the prospects of long-range detrimental effects on the United States' marine and other global interests will bring about a reversal in their current position.