Law Commons^™

Artificial Waterways In International Water Law: An American Perspective, Tamar Meshel

Vanderbilt Journal of Transnational Law

Freshwater is a fleeting natural resource that can never be fully harnessed or appropriated by humans. Nonetheless, under both domestic and international law, freshwater is a regulated resource and legal principles have developed to govern its allocation and use. But what of freshwater that, rather than flowing naturally, has been made to so flow by human intervention? Should artificial waterways be subject to the same legal principles that govern the ownership and use of waterways that are naturally occurring?

This Article takes a first step toward clarifying when and how international water law principles applicable to natural transboundary waterways should …

Solving The Unsolvable? How A Joint Development Zone Could Extinguish The Natural Gas Conflict In The Eastern Mediterranean, Kimberlyn Hughes

Vanderbilt Journal of Transnational Law

Recently, the Cyprus conflict has manifested itself in the competing claims of Greek Cyprus, Turkish Cyprus, and Turkey over their maritime jurisdictions. During the past decade, the discovery of natural gas exacerbated these preexisting claim disputes. Solutions have been nonexistent due to the unwillingness of the parties to conduct multilateral negotiations or use international courts and are complicated by the fact that not all parties are signatories to the United Nations Convention on the Law of the Sea, an instrument most countries defer to in comparable disagreements. While prior publications have proposed mechanisms that could solve maritime disputes in this …

Is Seasteading The High Seas A Legal Possibility? Filling The Gaps In International Sovereignty Law And The Law Of The Seas, Ryan H. Fateh

Vanderbilt Journal of Transnational Law

Seasteading--homesteading of the modern era--is a desire to develop above-water settlements in international waters known as seasteads. Once a fleeting dream, seasteading has entered the realm of possibility with the technological advancements and financial contributions of The Seasteading Institute (TSI). TSI's ultimate goal is ambitious: to establish permanent seasteads as sovereign states recognized by the United States and eventually by other members of the United Nations. Because international law promulgated by the United Nations addresses only state actors and TSI is a nonstate actor, this Note argues that international law does not prohibit the seastead communities from merely existing in …

Judicial And Arbitral Proceedings And The Outer Limits Of The Continental Shelf, John E. Noyes

Vanderbilt Journal of Transnational Law

This Article explores when international third-party dispute settlement forums may hear cases concerning the outer limits of a continental shelf beyond 200 nautical miles from baselines. The 1982 Convention on the Law of the Sea articulated determinate rules for establishing those limits and created an institution--the Commission on the Limits of the Continental Shelf--to make recommendations concerning them. Limits set by coastal states "on the basis of" such recommendations "shall be final and binding." Yet the Law of the Sea Convention's third-party dispute settlement system may also apply to outer limits questions concerning the Arctic Ocean and other oceans.

International …

Foreword, Stephen M. Schwebel

Vanderbilt Journal of Transnational Law

I was glad to return to Vanderbilt Law School to take part in this Symposium on International Commercial Arbitration. I came because Jon Charney telephoned me last autumn to ask me to come. Jon Charney was a superb international lawyer and a splendid human being. He became a reigning expert on the Law of the Sea. But his interests in international law were wider than that wide subject. He wrote, for example, on the proliferation of international tribunals and on the position of the persistent objector in international law with exceptional acuity and insight.

Jon's professional accomplishments were increasingly large. …

Jonathan I. Charney: An Appreciation, W. Michael Reisman

Vanderbilt Journal of Transnational Law

Jonathan Charney was one of the leading international legal scholars of his generation. He was the authority on the Law of the Sea and his magisterial four-volume work on international maritime boundaries quickly became the "vade mecum" for anyone involved in virtually any aspect of the Law of the Sea. But Law of the Sea was only a part of his awesome oeuvre. He wrote authoritatively on the use of force and humanitarian intervention; self-determination; customary international law and, in particular, soft law; international environmental law, international tribunals and jurisdiction, technology, and constitutional law. All of his work was marked …

Jonathan I. Charney: A Tribute, Richard B. Bilder

Vanderbilt Journal of Transnational Law

I first met Jonathan in 1967 when he was a student in my international law class at the University of Wisconsin Law School. It was only my second year of teaching--I had just come to Wisconsin after some years with the State Department's Office of Legal Adviser. But Jonathan was a generous and forgiving, as well as excellent, student and somehow we both got through the course. Anyway, Jonathan became, first, the student of whom I was most fond; then, as his career developed, the student of whom I was most proud; and, eventually, as the years passed and our …

Charting The Law Of Maritime Boundaries, W. P. Gormley

Vanderbilt Journal of Transnational Law

When faced with disputes concerning maritime boundaries, one must analyze an array of materials, including: unilateral state practices, bilateral boundary agreements, multilateral regional conventions, the major international conventions--particularly the Law of the Sea Conventions of 1958 and the 1982 United Nations Law of the Sea Convention -- and customary international law. Beyond question, this huge corpus of material appears overwhelming to most practitioners and scholars when they attempt to resolve maritime disputes. Faced with such a daunting task, scholars, practitioners, and judges may want to consult International Maritime Boundaries, a brilliantly executed research project that analyzes 134 maritime boundaries. The …

Biodiversity In The Marine Environment: Resource Implications For The Law Of The Sea, Christopher C. Joyner

Vanderbilt Journal of Transnational Law

Professor Joyner begins by explaining what biodiversity is and how it is currently being threatened. He then describes the existing international prescriptions that relate to the preservation of biodiversity, including the Convention on Biodiversity, the Convention on the Law of the Sea, the Convention on the Prevention of Marine Pollution by Dumping and Other Matter, and the International Convention for the Prevention of Pollution from Ships. Professor Joyner examines how these prescriptions protect or fail to protect biodiversity in the marine environment, both independently and in conjunction with related international environmental law. Finally, he assesses how international organizations, regional protection …

Re-Evaluating The Status Of Flags Of Convenience Under International Law, David F. Matlin

Vanderbilt Journal of Transnational Law

This Note re-examines the role and status of flags of convenience in the international shipping arena. The author argues that universal condemnation of flags of convenience or open ship registration is unwarranted from legal and factual standpoints. The Note first examines the significance of ship nationality as a means of regulating conduct on ships when at sea or in foreign ports. This analysis leads into an examination of the methods states use to ascribe nationality to vessels. The author then analyzes attempts to impose "genuine link" requirements in several conventions and questions whether such requirements are legitimate under customary international …

Dispute Settlement In International Environmental Issues: The Model Provided By The 1982 Convention On The Law Of The Sea, John W. Kindt

Vanderbilt Journal of Transnational Law

This Essay discusses the merits of the dispute settlement provisions found in the 1982 United Nations Convention on the Law of the Sea, and calls for recognition and utilization of the provisions in all manner of disputes arising within the international legal community. Professor Kindt notes that despite the fact that the Convention's dispute settlement provisions represent the first time all major interest blocs of states have agreed upon a standard set of provisions for dispute settlement, the provisions have not received the attention they deserve. After analyzing the reasons for this lack of consideration, he urges that the dispute …

Interference With Non-National Ships On The High Seas: Peacetime Exceptions To The Exclusivity Rule Of Flag-State Jurisdiction, Robert C.F. Reuland

Vanderbilt Journal of Transnational Law

Pursuant to the exclusivity rule of flag-state jurisdiction, a ship on the high seas is subject to the exclusive jurisdiction of the state whose flag she lawfully flies. Conversely, a state may not ordinarily interfere with those ships registered under the laws of another state. International law makes exception to this general rule in certain discrete circumstances. When such an exception exists, a state may lawfully stop, visit, search, and arrest a non-national ship on the high seas--a right normally reserved to the flag-state alone. These exceptions to the exclusivity rule of flag-state jurisdiction form the subject matter of this …

Book Review, Christopher C. Joyner

Vanderbilt Journal of Transnational Law

The message sounded in Marine Pollution and the Law of the Sea is that it is not too late. International law can still be fashioned to control marine pollution more prudently, more effectively, and more comprehensively. The critical ingredient, however, for obtaining this self-imposed policy of international legal restraint is generation of the national political will among polluter governments to do so. To work efficaciously, law first must be agreed upon, then subscribed to, and ultimately, either obeyed or enforced. If international policies and programs are to work, governments must want them to work. In this modern era of rising …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Books Received

Consensus and Confrontation: The United States and the Law of the Sea Convention

By Jon M. Van Dyke.

Honolulu: The Law of the Sea Institute, University of Hawaii, 1985. Pp. x, 576. $29.50

Free Flow of Information; A New Paradigm. By Achal Mehra

Westport, Connecticut: Greenwood Press, 1986. Pp. xiii, 225. $32.95

The Fund Agreement in the Courts, Volume III. By Joseph Gold Washington, D.C.: International Monetary Fund, 1986. Pp. xvi, 841.$45.00

A Standard for Justice; A Critical Commentary on the Proposed Bill of Rights for New Zealand

By Jerome B. Elkind and Antony Shaw

New York: Oxford …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Books Received

The Human Rights of Aliens in Contemporary International Law By Richard B. Lillich Dover, New Hampshire: Manchester University Press, 1985. Pp. xii, 126. $38.00

Banking on the Act of State By Carsten Thomas Ebenroth Universitdtsverlag Konstanz Gmbh: 1985. Pp. 101.DM66,80.

The Iran-United States Claims Tribunal, 1981-1983 Edited by Richard B. Lillich Charlottesville, Virginia: The University Press of Virginia, 1985. Pp. viii, 156. $25.00

Emerging Standards of International Trade and Investment Edited by Seymour J. Rubin and Gary Clyde Hufbauer Totowa, New Jersey: Rowman & Allanheld, 1984. Pp. ix,196

The World of International Tax Planning By Milton Grundy New …

Vessel-Source Pollution And The Law Of The Sea, John W. Kindt

Vanderbilt Journal of Transnational Law

On March 16, 1978, history's worst oil spill occurred when the tanker Amoco Cadiz lost her steering and drifted onto rocky shoals off the French coast. Approximately 223,000 tons of oil were spilled, polluting and ruining over 100 miles of the Brittany coast, an area that previously had supplied one-third of France's seafood and had attracted tourists from all over Europe. Despite all this damage, only thirty million dollars was available for cleanup--none to repair the ecological devastation. Although this well-publicized accident shocked the world, it was only one of many oil spills that occurred during 1978.

By definition, "vessel-source …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

APPLICATION OF UNITED STATES LAW TO A FOREIGN SEAMAN'S SUIT DEPENDS UPON THE SUBSTANTIALITY OF THE FOREIGN DEFENDANT'S CONTACTS WITH THE UNITED STATES--Szumlicz v. Norwegian America Line, Inc., 698 F.2d 1192 (11th Cir. 1983).

RECOVERY PURSUANT TO THE FISHERMEN'S PROTECTIVE ACT FOR LOSSES RESULTING FROM SEIZURE OF VESSLS FISHING IN DISPUTED WATERS Is NOT LIMITED TO CITIZENS AND RESIDENT ALIENS OF THE UNITED STATES-CrUZ V. Zapata Ocean Resources, Inc., 695 F.2d 428 (9th Cir. 1982).

UNITED STATES SUPPORT OF CANADIAN SEARCH OF UNITED STATES VESSEL ON THE HIGH SEAS DID NOT VIOLATE DEFENDANT'S FOURTH AMENDMENT RIGHTS--United States v. Hensel, 699 …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

ADMIRALTY JURISDICTION EXISTS IN CASES STEMMING FROM BOAT COLLISIONS ON NAVIGABLE WATERS REGARDLESS OF THE COMMERCIAL OR NONCOMMERCIAL NATURE OF THE VESSELS INVOLVED--Foremost Insurance Co. v. Richardson, 102 S. Ct. 2654 (1982).

-------------------

SHIPOWNER MAY ATTACH CHARACTER'S PROPERTY AS SECURITY FOR BREACH OF A CHARTER CONTAINING A FORUM SELECTION CLAUSE--Polar Shipping, Ltd. v. Oriental Shipping Corp., 680 F.2d 627 (9th Cir. 1982).

--------------------

WORKER EMPLOYED ABOARD AN OFFSHORE DRILLING PLATFORM MAY BRING A CLAIM UNDER MARITIME TORT LAW FOR WRONGFUL DISCHARGE--Roberie v. Gulf Oil Corp., No. 820013 (W.D. La.Aug. 4, 1982)

---------------------

THE IMMIGRATION AND NATURALIZATION ACT DOES NOT APPLY …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

THE MIDDLE EASTERN STATES AND THE LAW OF THE SEA

By Ali A.El-Hakim

Syracuse: Syracuse University Press, 1979. Pp. 293.Tables, maps, and international agreements.

-------------------------------------

COMPLIANCE AND PUBLIC AUTHORITY: A THEORY WITH INTERNATIONAL APPLICATIONS

By Oran R. Young

Baltimore: Resources for the Future, 1979. Pp. 161.

----------------------------

DOING BUSINESS WITH THE Russians

Under license from Westshore, Inc. New York: Praeger Publishers, 1978. Pp. 166.

---------------------------

TAX LAW AND POLICY IN THE E.E.C.

By Alexander James Easson

London: Oceana Publications, 1980. Pp. 269. Tables of treaty provisions, secondary legislation, cases, and statistics.

----------------------------------

THE COLLAPSE OF WELFARE REFORM: POLITICAL INSTITUTIONS, POLICY …

Books Received, C. A. P.

Vanderbilt Journal of Transnational Law

COMPARATIVE LAW YEARBOOK

VOLUME 3, 1979.

Issued by the Center for International Legal Studies The Netherlands:

Sijthoff& Noordhoff, 1980. Pp. 287

--------------------------------------

UNITED STATES FOREIGN RELATIONS LAW: DOCUMENTS AND SOURCES, VOLUME 1

EXECUTIVE AGREEMENTS

By Michael J.Glennon and Thomas M. Frank

Dobbs Ferry, New York: Oceana Publications, Inc., 1980. Pp. 474.

-------------------------------------

U.S. NAVAL WAR COLLEGE, INTERNATIONAL LAW STUDIES, VOLUME 62 Edited by Richard B. Lillich and John Norton Moore

Newport, Rhode Island: Naval War College Press, 1980. Pp. 758.

-------------------------------------

THE SOVIET PROCURACY AND THE SUPERVISION OF ADMINISTRATION

By Gordon B. Smith

The Netherlands: Sijthoff and Noordhoff,1978. Appendices. Pp. …

Free Navigation: Examination Of Recent Actions Of The United States Coast Guard, Edward H. Lueckenhoff

Vanderbilt Journal of Transnational Law

The use of aircraft and large, seagoing vessels for smuggling marijuana and other illicit drugs has created a burgeoning problem for United States efforts to control its borders. The use of foreign flag ships as "mother ships" is particularly troublesome. This practice involves foreign flag vessels, often containing several tons of marijuana, that hover in international waters just outside the United States territorial sea. The marijuana is transferred from these mother ships to smaller vessels which then cross into United States waters and distribute the contraband at prearranged points along the coast. The immunities provided by international law for foreign …

United States Interests In A Convention On The Law Of The Sea: The Case For Continued Efforts, Jonathan I. Charney

Vanderbilt Journal of Transnational Law

Over 150 nations have been engaged in the negotiation of a multilateral Convention on the Law of the Sea at the Third United Nations Conference on the Law of the Sea for more than five years. The negotiations have included virtually every possible issue involving relations between nations with respect to the oceans, such as fishing, national jurisdiction, navigation, environment, scientific research, seabed exploitation, and transfer of technology.' The current product of that negotiation is the Informal Composite Negotiating Text (ICNT), a 198-page document containing 303 treaty articles plus seven annexes. Although the participating nations agree on much of the …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. Admiralty

Employer is liable as a Pro Hac Vice Owner for Negligence of an Employee Engaged in Services other than Stevedoring

Submersible Oil Storage Facility use in Connection with Off-Shore Drilling is Classifiable as a "Vessel" within Provisions of Jones Act and General Maritime Jurisdiction

Exclusive Remedy Provision of the Puerto Rico Workmen's Accident Compensation Act does not apply to a Puerto Rican Citizen Injured outside the Territory of Puerto Rico

Determination of Unseaworthiness caused by Character of a Person Aboard is Limited to Crew Members' Condition

2. Common Market

European Community Directive Requires that in the Event of …

The Law Of The Sea Conference: Dispute Settlement In Perspective, John K. Gamble, Jr.

Vanderbilt Journal of Transnational Law

On March 15, 1976, the Third United Nations Law of the Sea Conference reconvened in New York City. The task of this Conference, drafting a new and comprehensive law of the sea treaty, is enormous. At the very least the new treaty will modify many of the traditional patterns for use and control of hydrospace. There is no doubt that coastal states will achieve the right to exercise control over all resources within 200 nautical miles of their coasts. If this contingency is not implemented by treaty, then it will be reached by unilateral claims to these zones. Agreeing on …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Chile: The Balanced View

Edited by Francisco Orrego Vicuna

Santiago: The University of Chile, 1975. Pp. 298.

===============

Codification in the Communist World--Symposium in Memory of Zsolt Szirmai Organized by Donald Barry, F.J.M. Feldbrugge & Dominick Lasok

Leiden: A.W. Sijthoff, 1975. Pp. xv, 353. $42.50.

===============

Crimes against Internationally Protected Persons: Prevention and Punishment

By Louis M. Bloomfield & Gerald F. Fitzgerald.

New York: Praeger Publishers, 1975. Pp. xviii, 272. $16.50.

===============

Criminal Justice in Eighteenth Century Mexico

By Colin M. MacLachlan

Berkeley: University of California Press, 1974. Pp.viii, 141. $9.00.

================

EEC Anti-Trust Law--Principles and Practice

By D. Barounos, …

International Straits, Global Communications, And The Evolving Law Of The Sea, W. George Grandison, Virginia J. Meyer

Vanderbilt Journal of Transnational Law

In the continuing law of the sea negotiations, strong support has developed among a majority of states for the extension of territorial seas to twelve miles. In the absence of other provisions, codification of this extension in a new law of the sea treaty will cause over 100 straits, including many of the most heavily traveled and strategically important, to be overlapped by the territorial sea. Because this will alter the pattern of international legal norms that has preserved freedom of navigation and overflight between ocean areas, considerable controversy has ensued over the question of what legal regime should govern …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

ABSTRACTION AND USE OF WATER: A COMPARISON OF LEGAL REGIMES By Ludwik A. Teclaff

New York, United Nations Publications,1972. Pp. iv, 254. $5.50.

===============

CONSULATE OF THE SEA AND RELATED DOCUMENTS

By Stanley S. Jados

University, Alabama: The University of Alabama Press,1975. Pp. xvi, 326. $12.00

==============

FOOTSTEPS INTO THE FUTURE

by Rajni Kothari

New York: The Free Press, 1974. Pp. xxiii, 173. $8.95.

==============

THE FUTURE OF INTERNATIONAL FISHERIES MANAGEMENT

Edited by H. Gary Knight

St. Paul, Minnesota: West Publishing Co., 1975.Pp. xiii, 253. $14.00.

==================

THE ILLEGAL DIVERSION OF AIRCRAFT AND INTERNATIONAL LAW

By Edward McWhinney

Leiden: A.W. …

Multiple Jurisdiction--Will It Save Or Destroy The Oceans? Political Analysis Of A Legal Problem, Charles F. Doran

Vanderbilt Journal of Transnational Law

The recent trend of claims to the ocean and its riches has led far beyond the liberal twelve nautical mile territorial sea limit that the United States is prepared to recognize. In particular, two documents, the Declaration of Santo Domingo, proposing a "patrimonial sea" of 200 miles, and the draft articles on an "exclusive economic zone" of 200 miles submitted by Kenya, are likely to find much favor at the substantive session of the Third Law of the Sea Conference to be held at Caracas in the summer of 1974. Emerging from conflicts of interest, which have gradually eroded the …

Recent Decisions, Ronald L. Smallwood, Arden J. Lea, William R. Lauer, John R. Meldorf, Annette Adams, Randolph R. Slaton

Vanderbilt Journal of Transnational Law

ADMIRALTY--FLORIDA OIL POLLUTION ACT--STATE OIL POLLUTION REGULATION OF MARITIME Activities Is PERMISSIBLE SO LONG AS THERE Is No FATAL CONFLICT BETWEEN THE STATE LEGISLATION AND FEDERAL MARITIME REGULATORY SCHEMES

Ronald L. Smallwood

=====================

ADMIRALTY--JONES ACT--SHIPOWNER Is NOT A PROPER DEFENDANT IN A SUIT UNDER THE JONES ACT BROUGHT BY EMPLOYEE OF A CONCESSIONAIRE

Arden J. Lea

================

ANTITRUST--IMPORT RESTRICTIONS--DIVESTITURE ORDERED TO RESTORE COMPETITION FOLLOWING FINDING OF VIOLATION OF SECTION 7 OF THE CLAYTON ACT MAY BE ACCOMPANIED BY IMPORT RESTRICTIONS WITHOUT BREACH OF GERMAN/AMERICAN TREATY OR GATT PROVISIONS

William R. Lauer

=================

FOREIGN RELATIONS LAW--STANDING TO SUE--WEIMAR ART COLLECTION DENIED …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

AMERICAN LABOR AND THE MULTINATIONAL CORPORATION

Edited by Duane Kujawa

New York: Praeger Publishers, 1973. Pp. xxvii,285. $18.50.

===================

ASPECTS DU DROIT INTERNATIONAL ECONOMIQUE: ELABORATION CONTROLE--SANCTION.

Societe Francaise pour le Droit International. Paris: A. Pedone, 1972. Pp. 221. n.p. (paper).

=================

THE BASES OF INTERNATIONAL ORDER

Edited by Alan James

London: Oxford University Press, 1973. Pp. viii, 218 £ 3.50 net.

===================

CURRENT LEGAL ASPECTS OF DOING BUSINESS IN THE FAR EAST

Edited by Richard C. Allison

Chicago: American Bar Association,1972. Pp. vii, 208. $10.00.

======================

DOMESTIC TAXATION AND FOREIGN TRADE: THE UNITED STATES-EUROPEAN BORDER TAX DISPUTE

By Michael von …