Law Commons^™

The Role Of The Geographically - Disadvantaged States In The Law Of The Sea, Lewis M. Alexander, Robert D. Hodgson

San Diego Law Review

One of the more ambiguous terms to have surfaced in recent law of the sea negotiations is in reference to certain States as being "geographically-disadvantaged." Few criteria have been spelled out for inclusion in such groups, and the only serious suggestions for distinguishing among degrees of disadvantage have been those which tend to put land-locked States in a special category of misfortune. For many years, the plight of the land-locked countries has attracted international attention: witness the 1921 Barcelona Convention, the provisions on their behalf in the 1958 Geneva High Seas convention, and the 1965 UNCTAD Convention on Transit Trade …

Some Thoughts On National Ocean Policy: The Critical Issue, Don Walsh

San Diego Law Review

The question of whether or not the United States has an operative, deliberate national ocean policy is generating increasing concern among statesmen, scholars, and others concerned with out future role in the uses of ocean space. In short, does this nation conduct its ocean affairs with the same planning and deliberation as its foreign affairs? While many believe this nation has a perfectly adequate national ocean policy, it is the basic proposition of this Article, that, in fact, this is not the case and what passes for national ocean policy is actually a rather uncoordinated grouping of special interests competing …

Recent Developments In The Law Of The Sea: A Synopsis, Robert Armstrong, William Franz, Webster Kinnaird

San Diego Law Review

Each year, as an integral part of its symposium on the law of the sea, the San Diego Law Review presents a synopsis of the major events in the field. This year's precis covers the period from January 1, 1974 to December 31, 1974. The scope of the article prohibits extended scrutiny of the subject matter. However, the manner in which it is presented exposes the reader to a broad spectrum of recent events and allows familiarization with increasingly important facets of a rapidly expanding area. As an added ingredient, this year's synopsis contains coverage of the United Nations Conference …

The Roles Of Regional Law Of The Sea, Mark W. Janis

San Diego Law Review

This Article draws together the record of regional law of the sea from recent regional developments, scholarly studies and recommendations, and the law of the sea debate. It analyzes the different roles which regional law of the sea might play and has played. It evaluates the prospects for regional law of the sea in different geographical areas and speculates about the contributions which regional law of the sea might make to the unfolding legal order of the oceans.

The Exclusive Economic Zone - The Elusive Consensus, Duke E. Pollard

San Diego Law Review

Despite bold assertions to the contrary the concept of an economic zone of exclusive coastal State jurisdiction is not unknown to modern international law of the sea. What is new is the choice of terminology employed to describe the concept and its identification with the countries of the Third World. As with the development of other norms relating to State interaction in ocean space, the concept of the exclusive economic zone reflects the "interplay of economic, political and strategic interests which characterizes the problems of the law of the sea in the twentieth century."

Foreword, John R. Stevenson

San Diego Law Review

The seventh annual issue of the San Diego Law Review's symposium on the law of the sea is appearing at a particularly timely moment in history?between the first substantive session of the Third Law of the Sea Conference in Caracas in the summer of 1974 and the second substantive session in Geneva in the spring of 1975. Moreover, the articles in this issue afford an excellent basis for understanding the course of the negotiations in Geneva and the problems of governments in reaching an accommodation on the critical issues remaining to be resolved if there is to be a general …

The Fisheries Proposals: An Assessment, Channing Kury

San Diego Law Review

Several major proposals for the regulation or division of the international fisheries were made at the Law of the Sea Conference at Caracas, Venezuela in 1974. Law is typically evolved through controversy with many inherent limitations and costs. There will not be, in fact cannot be, an optimal body of law for the utilization of the sea. What can be hoped for, though, is a corpus juris that will be responsive to natural and societal limitations and demands. It is chiefly with this criterion in mind that the following assessment has been made of some of the fisheries proposals.

The Enforcement Of Marine Pollution Regulations, A. V. Lowe

San Diego Law Review

The achievement of effective control over marine pollution depends upon agreement both on adequate anti-pollution regulations in matters such as hull design, manning requirements and permissible discharge rates, as well as agreement on an effective enforcement procedure. A major area of disagreement concerns the body which should be responsible for prescribing the appropriate standards — the alternatives being basically either individually, by coastal States, or an international agency. This article will review the present position under customary international law and under the conventions dealing with pollution, and then examine the three main trends which appeared during the 1974 United Nations …

Settlement Of Disputes Arising Out Of The Law Of The Sea Convention, Louis B. Sohn

San Diego Law Review

On the last day of of the Caracas session of the Third Conference on the Law of the Sea a group of States presented a working paper on the settlement of law of the sea disputes. The working paper set out various possible alternatives, together with notes indicating relevant precedents. The hope was expressed that the working paper might serve as a framework for further discussions at the next session of the Conference. Early in its proceedings, the Working Group decided positively that the future Law of the Sea Convention should include effective dispute settlement provisions, which should be contained …

The International Seabed And The Single Negotiating Text, A. V. Lowe

San Diego Law Review

This Article attempts to outline the events leading up to the submission of Part I of the Informal Single Negotiating Text by the Chairman of Committee I at the end of the Geneva session of the Conference, to examine the contents of that document, and to suggest some of the wider implications of developments regarding the international seabed area.

The Illusory Treasure Of Davy Jones' Locker, Martin Ira Glassner

San Diego Law Review

This proposal, while admittedly inchoate and sketchy, is in keeping with the trends of our times. It would provide both minerals and capital for development. It would preserve State sovereignty while fostering international cooperation. And it would not unduly impede the mining companies which are poised to begin commercial harvesting, but would integrate them into partnership.

Naval Missions And The Law Of The Sea, Mark W. Janis

San Diego Law Review

Since both SSBN operations and distant-water activities depend upon the right to navigate outside internal and territorial waters, it might be expected that the naval interests of the United States, the Soviet Union, Great Britain, and France would tend to favor traditional high seas freedoms. It is, in fact, commonly assumed that free transit through international straits and the preservation of liberal navigation rights outside a 12-mile territorial sea would be to the advantage of the four major navies. It is generally true that the naval operations of the four countries are facilitated by transit rights through straits and navigation …

Foreword, Carlyle E. Maw

San Diego Law Review

The San Diego Law Review symposium contains some very thoughtful comments with respect to the validity under international law of the mining claim made by Deepsea Ventures, Inc. and the factors affecting United States policy toward negotiations of the regime for highly migratory species, and the effect that a 200-mile economic resource zone could have on the American tuna industry; the complex questions involved in attempting to create a regime for archipelagos consistent with the interests of the world community in protecting freedom of navigation and the development of the doctrine of innocent passage and its effect on the legality …

Recent Developments In The Law Of The Sea: Synopsis, Robert G. Pickering, William W. Taylor

San Diego Law Review

As part of its annual symposium on the law of the sea, the San Diego Law Review compiles a summary of significant recent developments in the field. This seventh annual synopsis reports major events which occurred between January 1, 1975, and December 31, 1975. Scope, format, and approach are substantially as employed in the past; a minor change is the extended use of footnotes, including citations to newspapers.

United States And Canadian Policy Processes In Law Of The Sea, Ann L. Hollick

San Diego Law Review

In the years 1958 and 1960, the United States and Canada were among 88 nations engaged in negotiations on the law of the sea. The Third United Nations Conference on the Law of the Sea began in December 1973, met again in Caracas in June-August 1974 and is to continue in 1975. The United States and Canada are among 138 nations taking part in efforts to reach agreement on an international treaty governing the use of an area comprising 70 percent of the earth's surface. In this international lawmaking exercise, the governments of Canada and the U.S. play very active …

The Impact Of The 200-Mile Economic Zone On The Law Of The Sea, Lewis M. Alexander, Robert D. Hodgson

San Diego Law Review

Students of marine affairs can easily trace the evolving process of offshore claims: the expansion of territorial sea breadths in the case of many States to four, six, twelve or even greater mileages; the claims to specialized extra-territorial zones, as for example, customs, fishing, pollution control, and neutrality; the closing off of bays, gulfs, and inter-island waters as part of the national territory; and the extension of national rights over continental shelf reprocession, and terms such as straight baselines, historic bays, and archipelagic waters have become recognized (if sometimes ill-defined) parts of the law of the sea lexicon. Now yet …

A Funny Thing Happened To The Common Heritage On The Way To The Sea, Aaron L. Danzig

San Diego Law Review

In December 1970, with no dissenting votes, the United Nations General Assembly declared that the resources of the sea bed beyond national jurisdiction are the common heritage of mankind. We dreamed of pooling these resources for the service of mankind, and they include an estimated 2.25 trillion barrels of oil (possibly amounting to half of the total world reserves) and enough nodules containing manganese, cobalt, copper and nickel to supply the world for thousands of years. In 1970, after several years of preliminary backing and filling, the United Nations decided to call a world conference, generally known as the Law …

Where Are We On The Law Of The Sea?, Robert B. Krueger

San Diego Law Review

For some time there has been a consensus that the old rules for the oceans are inadequate. They do not adequately protect the world's fish supply. For example, Japan, the Soviet Union and other nations with large foreign fishing fleets conduct massive sweeps through the coastal waters of other countries, including the United States, and cause grave damage to their stocks. There is overfishing on the high seas. A number of species of whales are threatened with extinction. Rules for conservation are obviously needed.

A Regime For Archipelagos, Ralph Fink Iii

Theses and Major Papers

An analysis of the development of international law in the case of island States. The rights of these States to establish special juridical arrangements for their adjacent waters, and the effects of these decisions on other nations form the central theme. Any attempt at combining all the issues at stake into a single principle by LOS III appears doomed to failure. Success will be achieved by agreement on the separate issues and as a result of other actions not directly related to the problem of archipelagic States.

The Third United Nations Conference On The Law Of The Sea: The 1975 Geneva Session, John R. Stevenson, Bernard Oxman

Articles

No abstract provided.

The Third United Nations Conference On The Law Of The Sea: The 1974 Caracas Session, John R. Stevenson, Bernard Oxman

Articles

No abstract provided.

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.

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CONSULATE OF THE SEA AND RELATED DOCUMENTS

By Stanley S. Jados

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

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FOOTSTEPS INTO THE FUTURE

by Rajni Kothari

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

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THE FUTURE OF INTERNATIONAL FISHERIES MANAGEMENT

Edited by H. Gary Knight

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

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THE ILLEGAL DIVERSION OF AIRCRAFT AND INTERNATIONAL LAW

By Edward McWhinney

Leiden: A.W. …

Limitation Of Liability Versus Direct Action Statutes, H. Barton Williams

Vanderbilt Journal of Transnational Law

The legislative history of the maritime limitation of liability statutes, both in the United States and in England, is uncomplicated. The original sources are available, and in several important opinions, the Supreme Court of the United States has set forth the history of the limitation statutes. Limitation of liability to the value of the owner's interest in the vessel and freight is a principle that springs solely from the general maritime law, and was not recognized either at common law or by the civil law.

It is difficult, if not impossible, to say when and where the idea of limitation …