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Articles 121 - 150 of 230
Full-Text Articles in Law of the Sea
The Anglo-French Continental Shelf Case, E. D. Brown
The Anglo-French Continental Shelf Case, E. D. Brown
San Diego Law Review
The Anglo-French Case (1977-1978) is only the second continental shelf boundary dispute to have been settled by judicial means and the first between parties to the 1958 Geneva Convention on the Continental Shelf. Recognizing the decisions of the Court of Arbitration as an important landmark in the development of continental shelf law, Professor Brown presents a detailed analysis and assessment of the court's decisions in the light of the earlier judgment of the International court of Justice in the North Sea Continental Shelf Cases (1969) and the continuing negotiations in UNCLOS III.
The Group Of 77 At The United Nations: An Emergent Force In The Law Of The Sea, Alan G. Friedman, Cynthia A. Williams
The Group Of 77 At The United Nations: An Emergent Force In The Law Of The Sea, Alan G. Friedman, Cynthia A. Williams
San Diego Law Review
Authors Friedman and Williams trace briefly the diplomatic history of the Group of 77 in United Nations fora, then detail the role the G-77 plays within the Law of the Sea Conference. By providing illustrations of the G-77 bloc-policy process, the authors construct a model to explain G-77 behavior. They conclude that G-77 unity is now less certain than before because of the many cross-cutting interests at stake in the UNCLOS III milieu. They also cite Western intransigence as a unifying force for the G-77 under the "common enemy" principle.
Dolphin Conservation In The Tuna Industry: The United States' Role In An International Problem, Laurel Lee Hyde
Dolphin Conservation In The Tuna Industry: The United States' Role In An International Problem, Laurel Lee Hyde
San Diego Law Review
Thousands of dolphin die annually in the international tuna fishery. This Comment explores the history of that problem and the domestic and international attempts to alleviate it. Foreign legislation, positions of international organizations, and documents of the United Nations Law of the Sea Conference are reviewed as potential sources of an international solution. The Comment emphasizes the need for active United States involvement in international programs, comprehensive data on the dolphin populations, and immediate action to avoid excessive exploitation. It concludes with a suggestion that increased public concern for dolphin may be utilized effectively to support conservation initiatives.
Military Uses Of Ocean Space And The Developing International Law Of The Sea: An Analysis In The Context Of Peactime Asw, Rex J. Zedalis
Military Uses Of Ocean Space And The Developing International Law Of The Sea: An Analysis In The Context Of Peactime Asw, Rex J. Zedalis
San Diego Law Review
Mr. Zedalis examines the international legal prescriptions regulating peacetime military uses of ocean space other than passage through straits used for international navigation. He contrasts the approaches to possible regimes set forth in the 1958 Conventions and in UNCLOS III and assesses each. Finally, he advances which proposal is the most desirable.
Recent Developments In The Law Of The Sea 1977-1978, Richard Paul Siref
Recent Developments In The Law Of The Sea 1977-1978, Richard Paul Siref
San Diego Law Review
This Synopsis surveys the major events that occurred in the Law of the Sea between March 1977, and December, 1978. It discusses the Sixth and Seventh Sessions of the Third United Nations Conference on the Law of the Sea (UNCLOS III) at length as well as other significant events that occurred during this period. Primary sources consulted in compiling this Synopsis include International Legal Materials, the United Nations Monthly Chronicle, the United States Department of State Bulletin, United States Code of Congressional and Administrative News, the American Journal of International Law, the Journal of Maritime Law and Commerce, the New …
Introduction, H. Gary Knight
Introduction, H. Gary Knight
San Diego Law Review
In this introduction, H. Gary Knight reflects on the coverage of the seabed question by the nine previous issues of the San Diego Law Review's "Law of the Sea" series. The introduction then introduces the two articles in this issue that pertain to the seabed question, as well the other two lead articles that deal with fisheries and pollution.
Foreword, Patsy T. Mink
Foreword, Patsy T. Mink
San Diego Law Review
In this foreword, the writing claims that the major dimensions of the United Nations Conference on the Law of the Sea (UNCLOS) remains a major systematic conflict among diverse national and international perspectives, values, norms, and expectations. The sixth session of UNCLOS has highlighted the highly politicized nature of economics in relations among nations, the growing capacity of developing countries to identify and coalesce around mutually perceived core interests, and the highly confrontational nature of the dialogue between developed and developing states.
A Constitution For The Oceans: Comments And Suggestions Regarding Part Xi Of The Informal Composite Negotiating Text, Elisabeth Mann Borgese
A Constitution For The Oceans: Comments And Suggestions Regarding Part Xi Of The Informal Composite Negotiating Text, Elisabeth Mann Borgese
San Diego Law Review
This article examines the provisions of Part XI of the Informal Composite Negotiating Text, which will serve as a basis for discussion at the seventh UNCLOS conference session. The author claims that there is a strong relationship between the law of the sea and efforts of the developing nations to restructure the world political and economic systems. The author makes several comments on Part XI and suggestions for how it could be reformed to accommodate developing nations in trying to create a new world economic order.
Different Approaches To International Regulation Of Exploitation Of Deep-Ocean Ferromanganese Nodules, F. L. La Que
Different Approaches To International Regulation Of Exploitation Of Deep-Ocean Ferromanganese Nodules, F. L. La Que
San Diego Law Review
This article examines the advantages and disadvantages of various approaches to international regulation of the exploitation of ferromangense nodules. Some of the approaches considered are licensing of an independent operator by a UN Seabed Authority, a "contract for services" alternative, a joint venture arrangement, or direct exploitation. The author claims that effects on the economies of developing nations, the transfer of technology, and the location of land-based processing plants and the control of distribution of metals from nodules need not be considered as critical factors in the choice of approaches to the regulation of deep-ocean mining.
Custom And Land-Based Pollution Of The High Seas, James E. Hickey Jr.
Custom And Land-Based Pollution Of The High Seas, James E. Hickey Jr.
San Diego Law Review
This article explores existing legal sources to determine whether customary international law applies to land-based pollution of the high seas. The author begins by defining some important terms including "land-based pollution of the high seas" and "customary international law". The author then discusses customary international law as it applies to the high seas and makes analogies to international rivers, air pollution, the law of hostile expeditions, and outer space. The author addresses customary international law that has been in existence since 1958 including treaties, declarations of international bodies, and published commentary.
Significant Fishery Management Issues In The Law Of The Sea Conference: Illusions And Realities, Farin Mirvahabi
Significant Fishery Management Issues In The Law Of The Sea Conference: Illusions And Realities, Farin Mirvahabi
San Diego Law Review
This article discusses several significant fishery issues left unsettled by the Third United Nations Law of the Sea Conference. The author begins by addressing the issue of 200-mile exclusive economic zones for coastal nations. Next, the author discusses several approaches of the conservation regime, including a universal approach, regional approach, treaty approach, and non-treaty approach. The author then examines regional fishery problems in the North Pacific, East Central Atlantic, and Indian Ocean. The author concludes by giving a final appraisal of the Law of the Sea Conference and a possible solution for the conservation of fisheries.
Legal Claims To Newly Emerged Islands, Jimmy L. Verner Jr.
Legal Claims To Newly Emerged Islands, Jimmy L. Verner Jr.
San Diego Law Review
This comment explores the law regarding the ownership of newly emerging islands. Specifically, the comment examines who might claim ownership of newly emerged islands between the Volcano and Mariana Islands and under what theories these claims could be made. The author begins by discussing the use of existing seabed claims to claim newly emerged islands. The author then discusses how the theories of contiguity, occupation, and discovery might be used to claim newly emerged islands. The author concludes by discussing the political feasibility of such claims and the possible effect the UNCLOS III would have.
Controlling "Pirate" Broadcasting, Mitchell J. Hanna
Controlling "Pirate" Broadcasting, Mitchell J. Hanna
San Diego Law Review
This comment examines the problem of "pirate" broadcasting. "Pirate" broadcasting is used in this comment to describe radio and television broadcasting from ships or fixed structures located on the high seas that effectively allow the broadcasters to avoid regulation by coastal states. The author starts by discussing extraterritorial jurisdiction and why it must considered while discussing "pirate" broadcasting. The author then gives a historical background of "pirate broadcasting" including attempts to prevent it. Finally, the author discusses action taken by the United Nations against "pirate broadcasting".
The Innocent Passage Of Warships In Foreign Territorial Seas: A Threatened Freedom, Lawrence Wayne Kaye
The Innocent Passage Of Warships In Foreign Territorial Seas: A Threatened Freedom, Lawrence Wayne Kaye
San Diego Law Review
This comment explores the right of warships to make innocent passage through foreign territorial seas. The understanding of many nations regarding the 1958 Convention on the Territorial Sea and Contiguous Zone was that all ships on a peaceful mission are allowed to move through foreign territorial waters without restriction. However, an increasing number of coastal states have begun requiring prior notice before allowing warships innocent passage. The author explores the background of this issue as well as the contentions of both sides. The author concludes that the future is gloomy for the principle of innocent passage as applied to warships.
Territorial Status Of Deepwater Ports, Gordon Earl Dunfee
Territorial Status Of Deepwater Ports, Gordon Earl Dunfee
San Diego Law Review
This comment examines the legal status of offshore deepwater ports built to accommodate supertankers. The author argues that a deepwater port may be used in delimination of the territorial sea. The author goes on to analyze the necessity of territorial status for deepwater ports. The author also examines the circumstances that permit the expansion and resulting delimination of the coastal State's territorial sea. Finally, the author discusses the United States Deepwater Port Act of 1974, which might be the first unilateral declaration dealing with superports.
Cultural Resources Preservation And Underwater Archaeology: Some Notes On The Current Legal Framework And A Model Underwater Antiquities Statute, James Kevin Meenan
Cultural Resources Preservation And Underwater Archaeology: Some Notes On The Current Legal Framework And A Model Underwater Antiquities Statute, James Kevin Meenan
San Diego Law Review
This note examines the legal facets of underwater archaeology and the preservation of cultural resources on the seabed. The author begins by discussing the question of who has jurisdiction to regulate and preserve cultural resources on the seabed. The author then moves on to examine antiquities legislation presently in existence and the possibility of extending or modifying it to cover underwater archaeology. The author concludes that the basic principles of the model statute might be useful in creating new laws that will extend the historic preservation all the way to the seabed.
Recent Developments In The Law Of The Sea 1976-1977, Larry D. Dershem, Scott J. Kaisler
Recent Developments In The Law Of The Sea 1976-1977, Larry D. Dershem, Scott J. Kaisler
San Diego Law Review
This Article discusses the major developments occurring between January 1, 1976, and March 1, 1977, in this increasingly important area of law. This Article concentrates on the two sessions of the United Nations Conference on Law of the Sea (UNCLOS) and on miscellaneous significant events.
Seabed Negotiations: The Failure Of United States Policy, Jack N. Barkenbus
Seabed Negotiations: The Failure Of United States Policy, Jack N. Barkenbus
San Diego Law Review
The fifth and most recent session of the United Nations Conference on the Law of the Sa (UNCLOS) was, as were previous sessions, unable to produce a solution to the deadlock over deep seabed mining. The tentative steps toward accommodation developed during the fourth UNCLOS session were brushed aside, and polarization again characterized the proceedings. As a result of this stalemate, strong pressure will grow within the United States Congress to abstain from further international negotiations and instead to esbalish a domestic regulatory system for deep-seabed mining.
Introduction: Next Steps Toward A Law Of The Sea In The Common Interest, John Norton Moore
Introduction: Next Steps Toward A Law Of The Sea In The Common Interest, John Norton Moore
San Diego Law Review
This symposium in the San Diego Law Review will appear at an historic point in the development of oceans law. In May 1977, the Third United Nations Conference on the Law of the Sea (UNCLOS) will reconvene for its sixth session. Despite a continuing impasse on deep-seabed mining which developed during the fourth and fifth sessions of the UNCLOS, the sixth session should begin in a climate more favorable to productive negotiations.
Kiev And The Montreux Convention: The Aircraft Carrier That Became A Cruiser To Squeeze Through The Turkish Straits, F. David Froman
Kiev And The Montreux Convention: The Aircraft Carrier That Became A Cruiser To Squeeze Through The Turkish Straits, F. David Froman
San Diego Law Review
On July 18, 1976, the 40,000-ton Soviet naval vessel Kiev, sporting a 600-foot flight deck and a complement of helicopters and fixed-wing aircraft, steamed into the Mediterranean after completing its transit of the Turkish Straits. The Montreux Convention, which governs transit of the Turkish Straits, limits the aggregate tonnage of all foreign naval forces in transit through the Straits to 15,000 tons. Only in the case of capital ships does it allow Black Sea powers to exceed this limit. Although the Convention's definition of capital ships includes cruisers, it specifically excludes aircraft carriers. Nevertheless, Instanbul's military port authorities accepted the …
Emerging Law Of The Sea: The Economic Zone Dilemma, Thomas A. Clingan Jr.
Emerging Law Of The Sea: The Economic Zone Dilemma, Thomas A. Clingan Jr.
San Diego Law Review
The concept of the economic zone has its roots in some rather familiar doctrinal soil. Like many other theories of the past, it attempts to accommodate the desires of coastal States to achieve increased competence over adjacent seas for resource management (and other purposes) with the needs of States wishing to keep the seas open for maximum flexible use. This Article will examine the familiar efforts of the past and evaluate the progress of the economic-zone concept in the current law of the sea negotiations.
Foreword, Arvid Pardo
Foreword, Arvid Pardo
San Diego Law Review
The San Diego Law Review is to be congratulated for its ninth annual Law of the Sea (LOS) Symposium. The contents are well written, and all the articles make a significant contribution to the understanding of present and evolving law of the sea.
Hot Pursuit From A Contiguous Fisheries Zone - An Assault On The Freedom Of The High Seas, Eric Allan Sisco
Hot Pursuit From A Contiguous Fisheries Zone - An Assault On The Freedom Of The High Seas, Eric Allan Sisco
San Diego Law Review
This Comment will demonstrate that the court was incorrect in its interpretation of the Geneva Conventions. The court's interpretation rested on two sources: the history of the Geneva Conventions and the perception of Congress concerning the compatibility of the Bartlett and the Contiguous Fisheries Zone Acts with the Conventions. This Comment will first examine the history of the treaty provisions in question to demonstrate that the parties to the Conventions intended Article 24 to be restrictive. The legislative history of the Bartlett Act and the Contiguous Fisheries Zone Act will then be examined to determine whether the court's holding is …
The New International Economic Order And The Law Of The Sea, Elizabeth Mann Borgese
The New International Economic Order And The Law Of The Sea, Elizabeth Mann Borgese
San Diego Law Review
The interrelationship between the development of the New International Economic Order (NIEO) and the new law of the sea oceans play an important and rapidly expanding role in the economic life of nations, it is impossible to build an NIEO without including the oceans. The principles developed by the Sixth and Seventh Special Sessions of the General Assembly and the Charter of Economic Rights and Duties of States must be applied to States and to the international community in their activities both in the seas and on land, or no NIEO can come into existence.
The Right To A 200-Mile Exclusive Economic Zone Or A Special Fishery Zone, Carl August Fleischer
The Right To A 200-Mile Exclusive Economic Zone Or A Special Fishery Zone, Carl August Fleischer
San Diego Law Review
In this Article I shall first consider the rules contained in the Revised Single Negotiating Text (RSNT) in relation to claims put forward at the UNCLOS and in the actual practice of States. Then I shall view the rules of the RSNT in the light of other sources of international law, in particular the 1974 judgments by the International Court of Justice (ICJ) concerning the fishery limits off Iceland and the trend established by unilateral extensions of several States through national legislation. I shall end with a discussion of the status of the UNCLOS (and in particular of the Single …
The Right Of Entry Into Maritime Ports In International Law, A. V. Lowe
The Right Of Entry Into Maritime Ports In International Law, A. V. Lowe
San Diego Law Review
This Article will examine the Aramco arbitration together with the authorities upon which the Tribunal relied. It will also consider other authorities and sources of law which might offer the evidence in support of a right of entry. The second part of the Article will attempt to define a right of entry, and it will discuss the sparse precedents of State practice. It will then review the arguments advanced by publicists concerning the right of entry. Finally a formulation of the current body of law will be attempted, suggesting that no right of entry has been established in customary international …
Afterword: Third United Nations Conference On The Law Of The Sea: Report On The 1976 New York Sessions, John Temple Swing Rapporteur
Afterword: Third United Nations Conference On The Law Of The Sea: Report On The 1976 New York Sessions, John Temple Swing Rapporteur
San Diego Law Review
This is the fourth report of the Subcommittee on International Law and Relations ("Subcommittee") of the Advisory Committee on the Law of the Sea with respect to pending negotiations on Law of the Sea and particularly the Third United Nations Conference on Law of the Sea ("Conference"). This Article briefly reviews the work of the principal Conference committees at the third and fourth substantive sessions of the Conference held in New York from March 14 through May 7, and from August 2 through September 17, 1976, respectively; continues with a discussion of dispute settlement and a brief report on the …
Unclos Iii: Last Chance For Landlocked States?, Susan Ferguson
Unclos Iii: Last Chance For Landlocked States?, Susan Ferguson
San Diego Law Review
UNCLOS III has provided LLS with a unique forum to express their need for enforceable rights to share in the use and exploitation of the ocean. The Conference has declared a policy of treating seabed resources as the heritage of all nations. Nevertheless, it is likely that economic and political pressures will prevent the conference from adopting any provisions which substantially benefit LLS. Parts 2 and 3 of the RSNT, rather than adding to the rights of LLS, continue to endorse the broad authority of coastal States. In fact, the provisions of the EEZ contained in Part 2 represent a …
Foreword, John R. Stevenson
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 …
Settlement Of Disputes Arising Out Of The Law Of The Sea Convention, Louis B. Sohn
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 …