Law of the Sea Commons^™

International Marine Environment Law: A Case Study In The Wider Caribbean Region, Benedict C. Sheehy

ExpressO

Abstract: This study examines the effectiveness of international marine environment law in controlling and abating contamination of the marine environment in the Wider Caribbean Region. The main international agreement covering the region is the Cartagena Convention which came into force in 1983. This convention, initiated by the UNEP under its Regional Seas Program, is considered one of the most successful of the programs. The study examines that claim in light of events since the adoption of the Cartagena Convention by the majority of nations bordering on the region. Mexico, because of its stature as a leading Latin American nation, is …

Towards A Solution To The Problem Of The Common Anadromous Stocks Of The North Pacific, Christian C. Polychron

San Diego International Law Journal

The problem of the common anadromous stocks of the North Pacific is currently addressed through a legal regime operating within the framework established by the UNCLOS. This legal regime operates on two distinct fronts, but the externalities and incentives that define a problem of the commons continue to exist on both fronts. On the high seas, inadequate enforcement enables vessels and nations to violate the ban against high seas salmon harvests and to externalize the costs of doing so. Within EEZs, ineffectual bi-national treaties enable nations to which salmon stocks migrate to over exploit salmon stocks that originate in other …

Australian And Canadian Perspectives On Offshore Management, Donald R. Rothwell, David Vanderzwaag

Dalhousie Law Journal

Challenges in ocean and coastal management are facing all coastal states of the world. including Australia and Canada. Overharvesting of fish stocks, increasing pressure from land-based sources of pollution, expanding offshore petroleum developments, and rising risks of ship-sourced pollution in fragile marine ecosystems have caused both countries to begin a process of reassessment and rethinking. In January 1997 Canada adopted a new Oceans Act, which called for the development of a National Oceans Management Strategy based on principles of sustainable development, precaution and integration, and a new national marine protected areas network. In December 1998, Australia released a National Oceans …

Australia And Canada In Regional Fisheries Organizations: Implementing The United Nations Fish Stocks Agreement, Rosemary Rayfuse, Marcus Haward, Gregory Rose, Sali Bache

Dalhousie Law Journal

In the late 1980s and early 1990s a number of factors and events coalesced to encourage the international community to re-examine high seas fisheries issues. The need to enhance the effectiveness of regional fisheries organizations led to the development of the 1995 United Nations Fish Stocks Agreement, dealing with straddling and highly migratory stocks. Both Canada and Australia played a significant role in the development of this agreement While having much in common, each state had different interests and concerns Canada's attention was focused on the problem of straddling stocks, while Australia 's interests have been primarily, though not exclusively, …

A Less Tragic Commons?: Using Harvester And Processor Quotas To Address Crab Overfishing, Avi Brisman

Seattle University Law Review

Part II of this Comment provides a brief overview of the history of the Magnuson Act. Part III describes the current status of the BSAI crab fisheries and the need for crab rationalization. In Part IV, this Comment examines NPFMC's preferred alternative—the three-pie voluntary cooperative program as set forth in its Bering Sea Crab Rationalization Program Alternatives: Public Review Draft (May, 2002) and Summary of the North Pacific Fishery Management Council's Bering Sea and Aleutian Islands Crab Rationalization Program Submitted to the United States Congress, August, 2002. Part V looks at the legal issues surrounding processor quotas, focusing specifically on …

Recent Developments In Wastewater Management In The Coastal Region At The United States-Mexico Border, John H. Minan

San Diego International Law Journal

The purpose of this Article is to examine recent developments in the long-standing struggle by the United States and Mexico to cope with managing cross-border wastewater. Two notable legal developments have occurred recently that are fundamental to understanding the situation today. One is legislative, and the other is judicial. Neither has received scholarly comment. The first is the enactment of Tijuana River Valley Estuary and Beach Cleanup Act, which was signed into United States' law in 2000. It signified a significant change in policy by Congress. Prior to the enactment of the Cleanup Act, the international agreement contained in Minute …

Protecting The Oceanic Gardens Of Eden: International Law Issues In Deep-Sea Vent Resource Conservation And Management, Craig Allen

Articles

This article seeks to stimulate the nascent discussion on legal questions presented by access to, and use of, deep-sea hydrothermal vent sites and resources and to help guide ocean policy analysts in their efforts to formulate and implement appropriate conservation and management measures adapted to the unique multiple-use conflicts posed by the vent phenomena. The inquiry is timely and important for the vent communities, some of which are already showing signs of the human footprint—a footprint that may in the not too distant future include the tracks of submarine bulldozers as they set about the job of seabed mining.

The …

International Fisheries Management: A Comparative Analysis Of Legal Approaches To Management In The Context Of Polar Fisheries Regimes, Stuart Bruce Kaye

PhD Dissertations

This thesis examines the management of marine living resources in international law. The thesis considers the development of the two principal approaches to fisheries management. The first approach is based upon maximising the yield of particular stocks, and is reflected in the content of the 1982 United Nations Convention on the Law of the Sea. It has evolved out of fisheries management theory developed since the 1950s, and focuses upon extracting the maximum harvest of a particular stock while still permitting that stock's biological regeneration. The second approach uses the precautionary principle, and may include management directed at the entire …

The Emergence Of Integrated Coastal And Ocean Management In Canada's Oceans Act: Challenges Of Integrating Fragmented Resource Sectors In Georges Bank, Nova Scotia And Hecate Strait, British Columbia, Gloria Chao

LLM Theses

For a good part of the last fifty years, Canadian oceans governance has consisted of single-sectoral and multi-jurisdictional regulation of oceans uses. This fragmented governance régime has proven ill-equipped to address multisectoral resource use conflicts, which necessitate the integration of various interdependent sea use relationships. As early as the 1970s, international fora and documents began developing the notion of integrated coastal and ocean management [hereinafter ICOM] as an approach to international and national oceans governance in order to address sea use conflicts. Canada's adoption of ICOM as a national approach was a slow process. It was only in 1996, with …

Does The Emperor Have No Clothes? Enforcement Of International Laws Protecting The Marine Environment, David S, Ardia

Michigan Journal of International Law

This article examines existing structures and mechanisms for the enforcement of international environmental laws, particularly international laws that must confront violations on the high seas in order to protect marine organisms. Although the tenor of the present analysis is general, many of the most influential international marine agreements to date are highlighted, including the Third United Nations Conference on the Law of the Sea, the Convention on Future Multilateral Co-Operation in the Northwest Atlantic Fisheries, and the United Nations Agreement on the Conservation and Management of Straddling Fish Stock and Highly Migratory Fish Stock.

Preface, Dawn A. Russell, Moira L. Mcconnell

Dalhousie Law Journal

As guest editors we are privileged to have the opportunity to create this special edition of the Dalhousie Law Journal. It is special for a number of reasons. First, the contributions reflect a specific decision on our part to explore the nature and meaning of events being experienced in Atlantic Canada's fishery from a variety of perspectives, of which law, traditionally privileged in law journals for its explanation of events, is perhaps the least important. Secondly the authors, many of whom are people who would not ordinarily write for legal publications, were given express carte blanche to contribute "think pieces" …

Prospects For The 1992 Conference On The Environment And Development: A New World Order, 25 J. Marshall L. Rev. 1 (1991), Elliot Richardson

UIC Law Review

No abstract provided.

Taxation Of Natural Resources: Are Provisions Applying To The Domestic Natural Resources Industry Also Applicable To Deep Seabed Mining?, Jozef Leysen

LLM Theses and Essays

Deep seabed mining may diminish American dependence on foreign sources of minerals. It is thus in the interest of the United States (and other mineral importing countries) to encourage this highly risky industry and to provide for favorable legal conditions in general and for favorable tax conditions in particular. This thesis examines whether United States law on the taxation of natural resources applies to deep seabed mining.

Comment, Bernard H. Oxman

Articles

No abstract provided.

Law Of The Sea Conference: Other Alternatives For Seabed Mining?, Hasjim Djalal

NYLS Journal of International and Comparative Law

No abstract provided.

Sharing Of Ocean Resources - Unresolved Issues In The Law Of The Sea, Shigeru Oda

NYLS Journal of International and Comparative Law

No abstract provided.

Comments On Speech By Judge Oda, William C. Brewer, Jan Schneider

NYLS Journal of International and Comparative Law

No abstract provided.

Middlesex County Sewerage Authority V. National Sea Clammers Association, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The U.N. Law Of The Sea Conference And The U.S. Congress: Will Pending U.S. Unilateral Action On Deep Seabed Mining Destroy Hope For A Treaty?, Paul N. Jr. Mccloskey, Ronald K. Losch

Northwestern Journal of International Law & Business

The eighth session of the United Nations Law of the Sea Conference convened recently in Geneva, Switzerland. A major unresolved issue at the Conference was the question of international regulation of deep seabed mining. In this article, Representative McCloskey and Attorney Losch discuss U.S. interests in achieving a comprehensive Law of the Sea Treaty, the sometimes conflicting objectives of other nations, and the effect that unilateral action by the U.S. Congress to legislate deep seabed mining could have on the successful completion of a treaty.

Potential Conflicts Between A Future Law Of The Sea Treaty And The Fishery Conservation And Management Act Of 1976, Jon L. Jacobson, Douglas G. Cameron

Washington Law Review

No abstract provided.

Enforcement Of The Fishery Conservation And Management Act Of 1976: The Policeman's Lot, Eugene R. Fidell

Washington Law Review

The purposes of this article are to analyze the enforcement provisions of the FCMA, to compare them with the terms of prior United States fisheries legislation, and to consider the probable shape of the enforcement program under the new law. Where appropriate, consideration will be given to parallel foreign developments as well as the possible interaction with the Revised Single Negotiating Text distributed at the end of the New York session of the Third United Nations Conference on the Law of the Sea in May 1976. In several instances, the need for corrective legislation, which is apparently being addressed within …

Maritime Jurisdiction Over Fishery Resources, Gilbert T. Davis

Vanderbilt Journal of Transnational Law

Economic necessity and recent developments in marine technology have caused man to begin his move into the sea on a grand scale, occupying and exploiting it for recreation, minerals, food, waste disposal, and possible living space. These new technological advances and the increased need for the traditional fishery resources have precipitated the interests of nations in expanding their exclusive jurisdictions further into an ocean space where it had been traditionally free for all to use. Though this move for exclusive jurisdiction is motivated by the uniform desire of all nations to more efficiently utilize and conserve the resources and to …

The Abstention Principle And Its Relation To The Evolving International Law Of The Seas, Soji Yamamoto

Washington Law Review

It should be our task to objectively determine whether the abstention principle embodied in the Tripartite Treaty rationalizes the conservation of ocean resources in view of the historic development or transmutation of the concept of fishery rights under the international law of the seas. In order to do so, we must examine both the abstention principle and the historical development of fishery rights. Ultimately, this necessitates discussion of the consistency or lack thereof between the Tripartite Treaty and the Convention on Fishing and Conservation of the Living Resources of the High Seas. The validity of the abstention principle must be …

The Abstention Principle And Its Relation To The Evolving International Law Of The Seas, Soji Yamamoto

Washington Law Review

It should be our task to objectively determine whether the abstention principle embodied in the Tripartite Treaty rationalizes the conservation of ocean resources in view of the historic development or transmutation of the concept of fishery rights under the international law of the seas. In order to do so, we must examine both the abstention principle and the historical development of fishery rights. Ultimately, this necessitates discussion of the consistency or lack thereof between the Tripartite Treaty and the Convention on Fishing and Conservation of the Living Resources of the High Seas. The validity of the abstention principle must be …

The Conference On The Law Of The Sea: A Report, Charles Swan, James Ueberhorst

Michigan Law Review

From the viewpoint of the United States, far too much attention was given by many delegates to the political aspects of the articles and too little attention to the legal. Many of the new and the underdeveloped States adopted the position that rules established before they were able to influence their formulation should be changed as a matter of progress. They viewed some aspects of freedom of the high seas as a fiction invented by the maritime nations to rob them of their living resources off their coasts.