Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Fisheries (8)
- Treaties (6)
- United Nations Convention on the Law of the Sea (5)
- United States (5)
- Canada (4)
-
- INPFC (4)
- Japan (4)
- Abstention doctrine (3)
- Conservation (3)
- EEZ (3)
- International North Pacific Fisheries Convention (3)
- Exclusive Economic Zone (2)
- High seas (2)
- ITLOS (2)
- International Tribunal for the Law of the Sea (2)
- LOSC (2)
- Law of the Sea (2)
- MSY (2)
- Maritime Security (2)
- Maximum Sustainable Yield (2)
- Natural resources (2)
- North Pacific (2)
- North Pacific Ocean (2)
- Pacific Ocean (2)
- UNCLOS (2)
- (EEZ) (1)
- (SPREP) (1)
- 1952 International North Pacific Fisheries Convention (1)
- 1995 Straddling and Migratory Fish Stocks Agreement (1)
- Anadromous stocks (1)
- Publication Year
Articles 181 - 210 of 230
Full-Text Articles in Law of the Sea
Foreword, Lee Metcalf
Foreword, Lee Metcalf
San Diego Law Review
The San Diego Law Review is to be congratulated for its fifth annual Law of the Sea Issue. The timely and well written articles appearing in this and past issues constitute a substantial contribution to contemporary scholarship related to evolving ocean policy. It is a privilege for me to write the introductory note for this outstanding issue.
United States Oceans Politics, Ann L. Hollick
United States Oceans Politics, Ann L. Hollick
San Diego Law Review
The current law of the sea debate concerns on the allocation and use of ocean space. This Article discusses the United States seabed policy including territorial, sea, straits, and fisheries by focusing on the participants in policy-making, the National Security Council system, and the President's seabed policy. Diverse national and commercial interests shape the United States' position on these ocean issues. Following this discussion, the Article examines the United Nations Conference on law of the sea in which the domestic and international perspectives are analyzed to determine whether the Conference's Seabed Committee can build a compromise on the seabed resources.
The Ocean Dumping Convention-A Hopeful Beginning, Terry L. Leitzell
The Ocean Dumping Convention-A Hopeful Beginning, Terry L. Leitzell
San Diego Law Review
The Convention on the Prevention of marine Pollution by Dumping of Wastes and Other Matters deal was negotiated and agreed to during a tumultuous time in environmental matters. The Convention signals the possibility towards effective pollution control. Thus, this Article examines the Convention's history, structure, institutional arrangements, jurisdiction, and amendment procedures illustrate the increased need for international cooperation in environmental law. The Article concludes that the Convention represents international strength, and provides hope for protecting the marine environment.
Recent Developments In The Law Of The Sea Iv: A Synopsis, G. D. Greenblatt, J. R. Miller, A. J. Waldchen
Recent Developments In The Law Of The Sea Iv: A Synopsis, G. D. Greenblatt, J. R. Miller, A. J. Waldchen
San Diego Law Review
This Article presents an annual synopsis of important events pertaining to the law of the sea which occurred between February 1, 1972, and January 31, 1973. Our major sources of information included the New York Times, the Environmental Reporter, the United States Code Congressional and Administrative News, the Congressional Record, the United Nations Chronicle, and International Legal Materials. It is our hope that the search through a seemingly endless array of indices, newspapers, microfilms, and dusty shelves will prove to be of value. We regret that the synopsis must once again report more problems than solutions, but it is with …
Seamounts And Guyouts: A Unique Resource - The Necessity For Express Recognition In The Formulation Of An International Regime Of The Seabed, S. K. Eaton Jr., Janet Judy
Seamounts And Guyouts: A Unique Resource - The Necessity For Express Recognition In The Formulation Of An International Regime Of The Seabed, S. K. Eaton Jr., Janet Judy
San Diego Law Review
With dwindling natural resources, the international community needs a legal regime to regulate the exploration of seabed resources, notably seamounts and guyouts. This Article evaluates the legal status of seamounts and guyouts under international law with suggestions on the possible uses of these phenomena, while also attempting to formulate and assess a legal regime that properly recognizes the different characteristics of the sea bed from land formations. The geological characteristics of Seamounts and guyouts are important to any legal consideration. Because seamounts and guyouts are underwater mountains formed by volcanic activity, they have many possible uses, such as for research, …
Jurisdictional Problems Created By Artificial Islands, Craig W. Walker
Jurisdictional Problems Created By Artificial Islands, Craig W. Walker
San Diego Law Review
An artificial island is a non-naturally formed, fabricated island created from material dredged from the sea bottom. This Article reviews the growing interest in international law of artificial islands. Artificial islands present three obstacles in international law: jurisdiction, freedom on the high seas, and construction on the continental shelf. The jurisdictional basis over artificial islands can be examined under existing concepts of international law, such as the legal vacuum theory and a contiguous zone basis for jurisdiction. This article concludes by proposing a legal regime for artificial islands under an exclusive coastal State authority.
The Law To Govern Deepsea Mining Until Superseded By International Agreement, John G. Laylin
The Law To Govern Deepsea Mining Until Superseded By International Agreement, John G. Laylin
San Diego Law Review
Presently, no international law exists to limit recovering mineral sources of the seabed beyond coastal state jurisdiction. Bills directed at regulating deep seabed mining, through international reciprocity, by U.S. companies have been introduced in both the Senate and the House of Representatives. This Article reviews pending legislation and comparable statutes proposed abroad and suggests the enactment of interim legislation, while at the same time responding to Professor Knight's assertions in his Article, The Deep Seabed Hard Mineral Resources Act A Negative View. This Article concludes that international legislation would help, rather than hurt, the United States.
The Deep Seabed Hard Mineral Resources Act-A Negative View, H. Gary Knight
The Deep Seabed Hard Mineral Resources Act-A Negative View, H. Gary Knight
San Diego Law Review
In opposition to Professor Laylin, this Article questions whether the United States should take unilateral action or attempt to secure an international agreement during the Third United Nations Conference. This Article contends that the Deep Seabed Hard Mineral Resources Act is inconsistent with the United States' present ocean policy, will have an adverse effect on current law of the sea negotiations, and contravenes international expectations as evidenced by the resolutions of the United Nations' General Assembly. Because the Deep Seabed Hard Mineral Resources Act does not adequately serve the U.S.'s resource management interests, this Article concludes that an international approach …
High Seas Intervention: Parameters Of Unilateral Action, R. Palmer Cundick
High Seas Intervention: Parameters Of Unilateral Action, R. Palmer Cundick
San Diego Law Review
As the law of the sea flourishes into an area ripe with legal conflict, the question of oil spill pollution and liability looms large. Shipping oil involves international business, with great potential fall-out. This Article reviews the unilateral and multilateral action taken by coastal nations, with much focus on intervention trends in international ocean policy. The claimants, claims, and objectives of intervention cannot be appraised without reviewing the customary and convention rights created under international law. Under customary international law, the right of intervention in international waters was primarily shaped through two incidents: the bombing of the Torrey Canyon and …
A Harbinger: The Senkaku Islands, Thomas R. Ragland
A Harbinger: The Senkaku Islands, Thomas R. Ragland
San Diego Law Review
This Article analyzes the Senkaku Island dispute between China and Japan, which raises questions over sovereignty and control over the natural resources of the islands, most importantly petroleum. This dispute illustrates the difficulty of allocating ocean resources among competing sovereignties according to existing international. The North Sea Cases, including the International Court of Justice's decision, are analyzed to demonstrate the difficulty of allocating any ocean resources. The dispute is further compounded by the interests of the petroleum industry and the proposed draft of the Nixon Treaty. This Article concludes by recommending a trusteeship concept allowing interested parties to derive mutual …
Oil Pollution Problems Arising Out Of Exploitation Of The Continental Shelf: The Santa Barbara Disaster, David J. Walmsley
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 …
Foreword: Law Of The Sea Negotiations 1971-1972, H. Gary Knight
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 Council Of An International Sea-Bed Authority, Louls B. Sohn
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 …
A Second Look At United States Fisheries Management, Thomas A. Clingan Jr.
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 …
Bridging The Gap To International Fisheries Agreement: A Guide For Unilateral Action, Jon L. Jacobson
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 Deep Seabed Hard Mineral Resources Bill, F. M. Auburn
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 Donnybrook Fair Of The Oceans, David David
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
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 …
The Interests Of Land-Locked States In Law Of The Seas, Patrick Childs
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 …
The Problems Of Delimitations Of Base Lines For Outlying Archipelagos, Michael A. Leversen
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 …
The Concept Of "Common Heritage Of Mankind": A Political Moral Or Legal Innovation, Stephen Gorove
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.
Marine Archaeology And International Law: Background And Some Suggestions, Howard H. Shore
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.
Some Recent Developments Concerning Fishing And The Conservation Of The Living Resources Of The High Seas, Milner B. Schaefer
Some Recent Developments Concerning Fishing And The Conservation Of The Living Resources Of The High Seas, Milner B. Schaefer
San Diego Law Review
There is a widespread demand among nations to convene a new international conference on the law of the sea in order to review and perhaps amend many of the provisions of 1958 Geneva Conference on the Law of the Sea.
The Theory And Practice Of International Fishery Development-Management, Wilber M. Chapman
The Theory And Practice Of International Fishery Development-Management, Wilber M. Chapman
San Diego Law Review
The Article takes a glance international organizations and treatises concerning the Law of the Sea. An evaluation of these mechanisms is given and recommendations as to whether they need strengthening in the United Nations.
Fisheries And The New Conventions On The Law Of The Sea, Francis T. Christy Jr.
Fisheries And The New Conventions On The Law Of The Sea, Francis T. Christy Jr.
San Diego Law Review
In spite of the economic and political importance, fishery problems are being dragged in by the back door, to face decisions by diplomats who, for the most part, lack the requisite interest and competence to solve such problems. It is because of this that it seems timely and useful to raise a few points that might be considered by those who are (presumably) preparing themselves for the new conferences on the law of the sea. (1) The problems of fisheries, because of both the centuries of use and the recent, dramatic changes in enterprise, are inordinately complex. However, the issues …
Social Goals, Problem Perception, And Public Intervention: The Fishery, Victor Arnold, Daniel Bromley
Social Goals, Problem Perception, And Public Intervention: The Fishery, Victor Arnold, Daniel Bromley
San Diego Law Review
Impacts of institutional constraints are discussed. A further discussion takes place on the goals of fisheries, possible social goals, and a nine mile contiguous zone within the context of the social objectives.