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Articles 211 - 230 of 230
Full-Text Articles in Law of the Sea
Ocean Pollution: An Examination Of The Problem And An Appeal For International Cooperation, Douglas D. Busch, Edward I. Mears
Ocean Pollution: An Examination Of The Problem And An Appeal For International Cooperation, Douglas D. Busch, Edward I. Mears
San Diego Law Review
Ocean pollution is a problem that the nations of the world can no longer ignore. Industrialized nations have treated the oceans as if they were beyond the power of men to alter, an infinite sink for the assimilation of wastes. The oceans cover 70% of the earth's surface and contain 350 million cubic miles of water: However, there is a world population of 3.5 billion people or 10 people for every cubic mile of seawater. as the world becomes more industrialized, man's increasing capacity to contaminate is a very real threat to the ocean. Man is totally dependent upon natural …
Californians Need Beaches--Maybe Yours, Susan P. Finlay, David J. Van Til
Californians Need Beaches--Maybe Yours, Susan P. Finlay, David J. Van Til
San Diego Law Review
Our nation faces a serious problem of congested recreational resources as a result of a rapid increase in population compounded by concomitant increases in urbanization and leisure time. These factors simultaneously increase the demand for more public recreational areas and reduce the amount of space available. Necessarily, this expending demand comes into conflict with the private property rights of those who hold title to lands particularly suited for public recreational purposes. A recently litigated aspect of this conflict involves the ownership of the beach areas of our nation's sea coasts. Public interest demands public use, access, and enjoyment; traditional property …
Recent Developments In The Law Of The Seas: A Synopsis, Michael B. Harris, Anthony Lovett
Recent Developments In The Law Of The Seas: A Synopsis, Michael B. Harris, Anthony Lovett
San Diego Law Review
This Synopsis is an attempt to summarize legally significant events relevant to the law of the seas on a continuing yearly basis. This initial effort encompasses significant state, national, and international events which occurred between July 1, 1969, and March 15, 1970, indexed chronologically within each topic heading. The selection of the included events is arbitrary, due to the incompleteness of available resource materials and the lack of any established indices of significance. Of the numerous resources utilized, primary reliance was placed on the New York Times, the United States Code Congressional and Administrative News and the West Publishing Company's …
Property-Wharfing Out-Riparian Owner Permitted To Use Filled-In Swamp As A Wharf To Reach Navigable Water. Burns V. Forbes (3rd. Cir. 1969), Jack L. Schoellerman
Property-Wharfing Out-Riparian Owner Permitted To Use Filled-In Swamp As A Wharf To Reach Navigable Water. Burns V. Forbes (3rd. Cir. 1969), Jack L. Schoellerman
San Diego Law Review
This recent case discusses Burns v. Forbes (3rd. Cir. 1969).
Maintenance And Cure-Jones Act-Seaman Going And Coming From Ship Held In Service Of Ship-Shipowner Held To Accept Duty For Safe Transportation In Providing Travel Pay And Attempting To Control Transportation. Williamson V. Western Pacific Dredging Corp. (D. Ore. 1969), George D. Tice
San Diego Law Review
This recent case discusses Williamson v. Western Pacific Dredging Corp. (D. Ore. 1969).
A Legal Regime For Deep Sea Mining, John L. Mero
A Legal Regime For Deep Sea Mining, John L. Mero
San Diego Law Review
This Article outlines a legal regime of deep sea mining that favors the workers of deep sea mining. The legal conditions will encourage development of mineral resources within national jurisdiction.
Offshore Oil Spills: An Evaluation Of Recent United States Responses, Ved P. Nanda, Kenneth R. Stiles
Offshore Oil Spills: An Evaluation Of Recent United States Responses, Ved P. Nanda, Kenneth R. Stiles
San Diego Law Review
This Article discusses the responses of the United States to oil spills in Santa Barbara and the Gulf, examining both executive and legislative action. Also, the article analyzes the institutional and procedural aspects of the Unites States' responses and their influence on the international community.
Toward Denuclearization Of The Ocean Floor, Stephen Gorove
Toward Denuclearization Of The Ocean Floor, Stephen Gorove
San Diego Law Review
The purpose of this inquiry is to analyze the previsions surrounding the revised draft of Disarmament Treaty of 1969 between the United States and the Soviet Union. The topics discussed are scope and geographical coverage of the prohibition, verification procedures, and miscellaneous provisions.
International And National Regulation Of Pollution From Offshore Oil Production, Robert B. Krueger
International And National Regulation Of Pollution From Offshore Oil Production, Robert B. Krueger
San Diego Law Review
This Article discusses the correlation of growing technology and the growth of national regulation of off shore oil production. Moreover, there is a brief summary of statistical evidence presenting the argument that off shore drilling is needed.
The Better Part Of Valour--Applicability Of The Jones Act To The Flags Of Convenience Fleet, Michael D. Wellington
The Better Part Of Valour--Applicability Of The Jones Act To The Flags Of Convenience Fleet, Michael D. Wellington
San Diego Law Review
The problem facing the courts as to the "flags of convenience" fleet is this: to what extent can the fleet be held subject to United States law? the answer has never been clear. The purpose of this comment will be to examine the extent to which American courts have, may, and should apply the Jones Act to these ships.
The United Nations And The Bed Of The Sea, Clark M. Eichelberger
The United Nations And The Bed Of The Sea, Clark M. Eichelberger
San Diego Law Review
Worldwide sentiment is growing that the bed of the sea, which occupies seventy percent of the Earth's surface, as yet unclaimed, should be reserved from national claims of sovereignty and regarded as a common heritage of mankind. It should be reserved for peaceful purposes only. All nations, maritime, landlocked and developing, have an equity in this heritage. An authority of the United Nations should so administer it. For common ownership of this vast area to be recognized, and for it to be internationally administered, would be one of the greatest advances in the history of world organization. Instead of national …
Consideration Of Anticipatory Uses In Decisions On Coastal Development, Daniel Wilkes
Consideration Of Anticipatory Uses In Decisions On Coastal Development, Daniel Wilkes
San Diego Law Review
Between 1849 and 1965, San Francisco Bay shrank from 700 square miles to its present 400 square miles before a halt to piecemeal filling stopped its irreversible destruction. This loss should have been foreseeable. When decision makers work on an ad hoc basis, it is logical that they would look no further than the proposal at hand. Any objections considered were solely from those parties already using the Bay. In Florida, a series of decisions taking fresh waters away from the Everglades National Park now threatens to destroy entirely the ecology of the Everglades. The existence of this threat illustrates …
Apropos The 1968 Soviet Maritime Code, William E. Butler, John B. Quigley Jr.
Apropos The 1968 Soviet Maritime Code, William E. Butler, John B. Quigley Jr.
San Diego Law Review
This introduction provides essential background information about the Code and the reasons for its adoption, in addition to salient features of the Code of special interest to foreigners. The Code consists of 309 articles classified into nineteen chapters. This discussion follows the ordering of the code itself.
Fluctuating Shorelines And Tidal Boundaries: An Unresolved Problem, Peter K. Nunez
Fluctuating Shorelines And Tidal Boundaries: An Unresolved Problem, Peter K. Nunez
San Diego Law Review
Problems arising from disputed boundaries between adjacent land owners are of real importance to the practicing attorney. These problems are no less significant, and a good deal more complicated, when they involve tidal boundaries between upland and tideland ownership. To the layman who owns or purchases beachfront property, one of the main concerns is that his land extends to the water's edge, and he probably expects that such is the case. But when the description in the deed describes the boundary as the ordinary high-water mark, does he really know how much he owns or where his boundary line actually …
Jurisdictional Problems Of Maritime Tort Actions: Application Of State And Federal Remedies, Judith N. Keep
Jurisdictional Problems Of Maritime Tort Actions: Application Of State And Federal Remedies, Judith N. Keep
San Diego Law Review
At common law, death terminated all causes of action for personal injuries, and gave rise to no causes of action for compensation of the decedent's estate or family. Admiralty, which adopted the common law, therefore provided neither a remedy for wrongful death nor for survival of causes of action. To correct this, there have been a number of Congressional enactments and judicially created remedies which, however, are complicated by inconsistencies and vagaries. If death results from an injury occurring on navigable waters, recovery may be sought under the Death on the High Seas Act, the Jones Act, the Longshoremen's and …
International Law - Continental Shelf - Proprietary Interest Of United States In Continental Shelf Precludes Claims Of Acquisition By Private Entrepreneurs. United States V. Ray (S.D. Fla. 1969), Sherry Eckhardt
San Diego Law Review
This recent case discusses United States v. Ray (S.D. Fla. 1969)
Procedure - Admiralty Jurisdiction - Strict Locality Rule Rejected; Maritime Connection Necessary To Establish Admiralty Jurisdiction. Smith V. Guerrant (S.D. Tex. 1968), Phillip A. Demassa
Procedure - Admiralty Jurisdiction - Strict Locality Rule Rejected; Maritime Connection Necessary To Establish Admiralty Jurisdiction. Smith V. Guerrant (S.D. Tex. 1968), Phillip A. Demassa
San Diego Law Review
This recent case discusses Smith v. Guerrant (S.D. Tex. 1968)
Seizures Of United States Fishing Vessels - The Status Of The Wet War, Jane Shuttleworth Wiegand
Seizures Of United States Fishing Vessels - The Status Of The Wet War, Jane Shuttleworth Wiegand
San Diego Law Review
The crux of the fishing vessel dispute is the disparity in the size of the territorial sea claimed by the three Latin American nations and that claimed by the United States. Chile, Ecuador, and Peru claim a territorial sea of 200 miles breadth, while the United States claims a three mile territorial sea, and an exclusive fishing zone which extends from shore a distance of twelve miles. The dispute is 17 years old. More than 140 United States tuna ships have been seized, primarily by Ecuador and Peru, and innumerable others harassed in waters which the United States considers res …
Admiralty Jurisdiction, Unification, And The American Law Institute, Hiller B. Zobel
Admiralty Jurisdiction, Unification, And The American Law Institute, Hiller B. Zobel
San Diego Law Review
In light of the rationale behind the establishment of the admiralty jurisdiction, it seems to me constitutionally and statutorily illogical to say that a case is within the admiralty jurisdiction, concurrent though it may be, and yet subject to the substantive whims of fifty jurisdictions. Further, the inquiry which the existence of these exceptions requires sometimes leads the courts to the kind of unhappy convolutions typified by Fireman's Fund American Insurance Company v. Boston Harbor Marina, Inc., which held that an exculpatory contract for winter storage and repair - in a terrene hangar - was within the admiralty jurisdiction and …