Law Commons^™

The Deep Seabed Hard Mineral Resources Bill, F. M. Auburn

San Diego Law Review

On November 2, 1971, Senator Metcalf introduced the Deep Seabed Hard Mineral Resources Bill, drafted by the American Mining Congress. The Bill is designed to provide the Secretary of the Interior with authority to promote the orderly development of the hard mineral resources of the deep seabed pending adoption of an international regime. According to Senator Metcalf, it is structured to order only the affairs of U.S. nationals. The introduction of the Bill, whether it becomes law or not, represents a major advance in the seabed debate requiring detailed analysis. If the Bill does not become law, there can be …

The Concept Of "Common Heritage Of Mankind": A Political Moral Or Legal Innovation, Stephen Gorove

San Diego Law Review

Recent technological advances and the ever-growing need for new resources have centered both national and international attention on the exploration and exploitation of the untapped resources of what seems to have become man's last frontier - the sea.

Bridging The Gap To International Fisheries Agreement: A Guide For Unilateral Action, Jon L. Jacobson

San Diego Law Review

The proposition advanced in this Article is undoubtedly an over-simplification. It could even be unworkable. Yet it is, I think, something that needs to be considered as we approach the scheduled time for the 1973 Conference on the Law of the Sea. The proposition is this: In view of the apparent trend toward overexploitation of certain stocks of the world's commercial fishes, and in light of the proven incapacity of the international community to come to effective agreement on any important topic in anything like a timely fashion, coastal nations ought to be allowed - even, perhaps, encouraged in some …

The Council Of An International Sea-Bed Authority, Louls B. Sohn

San Diego Law Review

It is generally accepted that the international regime for the exploration and exploitation of the sea-bed, to be agreed upon at the 1973 Law of the Sea Conference, will consist of a basic set of rules and of an international machinery for the implementation of these rules. Except for some early proposals limited to a simple secretariat for registering claims, and apart from some recent proposals for an all-embracing international organization dealing with all aspects of the law of the sea, most models of an international sea-bed authority are designed on lines similar to those of the specialized agencies of …

The Interests Of Land-Locked States In Law Of The Seas, Patrick Childs

San Diego Law Review

Approximately one fifth of the nations of the world are landlocked, having no direct access to the sea within the bounds of their territorial jurisdiction. These nations, throughout modern history, have sought to secure for themselves various rights that the coastal nations inherently have due to geographical location. The traditional demand of the inland countries has been that of unrestrained access to the sea, but now, with the significant strides that oceanic sciences have made in the last two decades, their demands have spread into other areas that once held little interest to inland countries. It has become apparent in …

Marine Archaeology And International Law: Background And Some Suggestions, Howard H. Shore

San Diego Law Review

This Article will analyze the current legal problems confronting marine archaeology and make some recommendations for accommodating the various interests involved. In its most general form,the problem is two-fold: 1) What are the rights of marine archaeologists to explore for and excavate relevant material on the seabed? and 2) What are the property rights in those finds? The discussion will consider these issues in that order.

V.9-3, 1971-1972 Masthead

San Diego Law Review

No abstract provided.

Foreword: Law Of The Sea Negotiations 1971-1972, H. Gary Knight

San Diego Law Review

This issue contains timely and relevant articles on each of these important subjects - three articles relating to the seabed question, two on fisheries management problems, and one on pollution. In addition to the student contributions in the synopsis of recent developments in the law of the seas, student comments are also directed to three significant aspects of law of the sea issues, viz., the interests of land-locked states, the question of baselines for outlying archipelagos, and marine archaeology.

The Problems Of Delimitations Of Base Lines For Outlying Archipelagos, Michael A. Leversen

San Diego Law Review

An archipelago has been defined as a formation of two or more islands (islets or rocks) which geographically, socially, politically and economically may be considered as a whole. Outlying archipelagos are groups of islands situated out in the ocean at such a distance from the coast or firm land as to be considered complete in themselves, an independent whole rather than forming a part of an outer coastline of the mainland. The United States has long been of the view that until there is international agreement the three mile territorial sea is established international law, and the unilateral acts of …

A Second Look At United States Fisheries Management, Thomas A. Clingan Jr.

San Diego Law Review

Once again commercial fishing is the object of intensive study in certain quarters. Now, as in the past, this study is receiving nurture from the on-going negotiations regarding the broader issues of international law of the sea. Necessary to these discussions is the need to consider the issues important to the fishing nations. Further, it is more than likely that fishing rights are so intertwined with other problems, such as the breadth of the territorial sea, the limits of national jurisdiction on the continental shelf, or the appropriate regime for the governance of the seabeds beyond national jurisdiction, that separate …

The Donnybrook Fair Of The Oceans, David David

San Diego Law Review

Professor R.R. Baxter, the U.S. State Department's Counselor on International Law, in addressing the Asian-African Legal Consultative Committee at Lagos earlier this year capsulized what the debates over the oceans' future have been about. He stated: The law of the sea is, as it were, the constitution of the oceans. As such, its major concern is with distribution of authority. As is true of all constitutions, two basic questions are involved in the distribution of authority: Who shall exercise authority in a particular respect? What conditions or restrictions are to be placed on the exercise of this authority? For the …

Recent Developments In The Law Of The Seas Iii: A Synopis, G. Edward Arledge, Allan A. Nadir, Robert L. O'Connell

San Diego Law Review

This third synopsis is part of our continuing effort to present annually a summary of legally significant events of relevance to the law of the seas. This synopsis encompasses events which occurred between March 1, 1971, and February 1, 1972. Primary resources utilized included the New York Times, the Environment Reporter, the United States Code Congressional and Administrative News and the Congressional Record. The almost daily incidence of new developments evidences the growth of concern at local, national and international levels for rational planning in the use and development of the ocean and its resources. With the approach of the …

Oil Pollution Problems Arising Out Of Exploitation Of The Continental Shelf: The Santa Barbara Disaster, David J. Walmsley

San Diego Law Review

In essence, the Santa Barbara disaster is but another example of a phenomenon which affects all life on earth in the twentieth century: environmental pollution wrought by unimpeded, or at best inadequately impeded, technological advancement. If this were all that the disaster entailed, it would merit little more than a footnote or a paragraph in a comprehensive study of the large problem. But, as will be revealed in the pages following, Santa Barbara's problem is unique since it casts into relief a wide spectrum of legal, political, and economic considerations which are in desperate need of examination. As such, it …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Books Received

NULLITY AND REVISION: THE REVIEW AND ENFORCEMENT OF INTERNATIONAL JUDGMENTS AND AWARDS

By W. Michael Reisman

New Haven: Yale University Press, 1971. Pp. vii, 900. $25.00.

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THE ENDLESS CRISIS

Edited by Frangois Duchne

New York: Simon and Schuster, 1971. Pp. 310. $2.75.

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INTERNATIONAL LAW, NATIONAL TRIBUNALS AND THE RIGHTS OF ALIENS By Grant Dawson and Ivan L. Head

Syracuse: Syracuse University Press, 1971. Pp. vii, 344. $11.75.

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THE LIMITED ELITE: POLITICS AND GOVERNMENT IN TWO INDIAN CITIES

By Donald B. Rosenthal

Chicago: University of Chicago Press, 1970. Pp.vii, 360. $12.75.

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INTERNATIONAL LAW: THE SUBSTANCE. …

Recent Treaties And Statutes, William H. Schwarzschild, Iii

Vanderbilt Journal of Transnational Law

Admiralty--Longshoremen's and Harbor Workers' Compensation Act Amendments of 1972--Congress Abrogates Doctrine of Seaworthiness for Longshoremen

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Space Law--Convention on Liability--Procedure Established to Enforce Liability for Damage Caused by Space Objects