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Articles 61 - 90 of 230
Full-Text Articles in Law of the Sea
International Environmental Law And Policy: An Overview Of Transboundary Pollution, John Warren Kindt
International Environmental Law And Policy: An Overview Of Transboundary Pollution, John Warren Kindt
San Diego Law Review
This Article provides an overview of several of the transboundary pollution issues affecting the Law of the Sea. The author argues that global pollution and transboundary pollution have historically been viewed from two major perspectives, namely from the land and from the ocean. The author suggests that more emphasis should be placed upon the ocean as the observational standpoint, because this standpoint is relatively unencumbered by pre-existing disputes involving land-based pollution. The author further argues that this oceanic standpoint also provides for fresh perspectives and allows for innovative policymaking to prevent, reduce, and control international pollution.
Foreword, Myron H. Nordquist
Foreword, Myron H. Nordquist
San Diego Law Review
The editors of the 1984 Law of the Sea Symposium asked that this Foreword concentrate on the future developments of the law of the sea. Implicit in the request is the assumption that the post-1984 period merits an examination of where the law of the sea is headed. the editors' assumption is a valid one. On the final date for signature, December 10, 1984, there were 159 signatures to the United Nations Convention on the Law of the Sea the Convention. This number alone justifies the exploration of what lies ahead in the new era of oceans law, ushered in …
Management Of Large Marine Ecosystems: Developing A New Rule Of Customary International Law, Martin H. Belsky
Management Of Large Marine Ecosystems: Developing A New Rule Of Customary International Law, Martin H. Belsky
San Diego Law Review
This Article examines the legal framework for regulating activities in the ocean and how this has affected the management of coastal and marine ecosystems. The author argues that, historically, international law rules have hindered attempts to establish comprehensive approaches to controls over marine uses. The author suggests that recent developments in the establishment of both a treaty and the customary law of the sea may provide an opportunity for the emergence of new international norms requiring total ecosystem management regimes. The author concludes with suggested options for multi-national attempts to total ecosystem management and to secure its establishment as a …
The Legal Character Of The Right To Explore And Exploit The Natural Resources Of The Continental Shelf, F. V.W. Penick
The Legal Character Of The Right To Explore And Exploit The Natural Resources Of The Continental Shelf, F. V.W. Penick
San Diego Law Review
This Article examines the need for the legal characterization of the rights of coastal states to explore and exploit the natural resources of its continental shelf. The author discusses the need for such characterization and reviews the law regarding analogous onshore mineral rights. The author examines the negotiations that lead to the final wording of the Geneva Convention on the Continental Shelf and the subsequent conduct of nations, and concludes that coastal states enjoy real property rights in the natural resources located on its continental shelf.
Assessing The Reality Of The Deep Seabed Regime, John King Gamble Jr.
Assessing The Reality Of The Deep Seabed Regime, John King Gamble Jr.
San Diego Law Review
This Article argues that, in order to be effective, international law must stand in some direct relation to state practice and that the gap between legal prescription and state practice must not be too large or the law will be ineffective. The author examines this gap in relation to the deep seabed provisions of the 1982 United Nations Convention on the Law of the Sea and suggests that, if the gap is not narrowed, the treaty may never enter into force.
Freedom Of Fisheries Research In The U. S. In The Best Interest Of The United States, William L. Sullivan Jr.
Freedom Of Fisheries Research In The U. S. In The Best Interest Of The United States, William L. Sullivan Jr.
San Diego Law Review
This Article examines the issue of whether the latitude granted to marine researchers has resulted in significant damage to the fisheries resources of the United States. The author further examines the informal procedures whereby illegal fishing activity, under the guise of research, is minimized.
Recent Developments In The Law Of The Sea 1983-1984, John A. Clemons
Recent Developments In The Law Of The Sea 1983-1984, John A. Clemons
San Diego Law Review
This Synopsis examines major events occurring between December 1983 and December 1984 that affect the law of the sea. It discusses military uses of the world's ocean space that impaired free and peaceful navigation of the world's seas in 1984, the United Nations Convention on the Law of the Sea and related issues, marine environment pollution, marine mammals, Antarctica, and the St. Georges Bank controversy.
Korean Airline Flight 007: Stalemate In International Aviation Law- A Proposal For Enforcement, Jeffrey D. Laveson
Korean Airline Flight 007: Stalemate In International Aviation Law- A Proposal For Enforcement, Jeffrey D. Laveson
San Diego Law Review
This Comment addresses the limitations in international law enforcement issues and the vulnerability of civilian passengers during international travel, which arose after the crash of Korean Airline Flight 007. The author argues that existing enforcement schemes leave much to be desired and that, while the use of economic sanctions is a common thread among various international tribunals, the piecemeal application of such sanctions are rarely effective and often prohibitively burdensome on the imposing parties. The author proposes several new multilateral economic enforcement schemes, which hope to balance the interest of national security with safe international travel.
The Legal Implications Of United States Policy Toward Nicaragua: A Machiavellian Dilemma, Keith T. Schulz
The Legal Implications Of United States Policy Toward Nicaragua: A Machiavellian Dilemma, Keith T. Schulz
San Diego Law Review
This Comment examines the impact on international law of the claims by Nicaragua that recent United States' actions violate specific norms of international law and behavior and the claims by the United States that its actions are legal under international principles of collective self-defense. This Comment examines these claims under the relevant rules of international law and concludes that the methods employed by the United States were in violation of international standards of behavior.
Watchout Watchmen! Congress Has Excluded Security Employees From "Maritime Employment" Coverage Under The Longshore And Harborworkers' Compensation Act Amendments Of 1984, Kenneth J. Witherspoon
Watchout Watchmen! Congress Has Excluded Security Employees From "Maritime Employment" Coverage Under The Longshore And Harborworkers' Compensation Act Amendments Of 1984, Kenneth J. Witherspoon
San Diego Law Review
This Comment examines the recent Congressional decision that individuals employed exclusively to perform security work are no longer covered under the Longshore and Harbor Workers' Compensation Act (LHWCA). The author argues that watchmen had been traditionally covered both before and after Congress added a "status" test for coverage in 1972. Examining the pre and post-1972 decisional history, the author argues that because Congress eliminated the jurisdictional dilemma which formerly served as the main justification for extending LHWCA coverage, the 1984 LHWCA amendments excluding coverage are consistent with those previous judicial decisions extending coverage to watchmen.
Self-Determination In Hong Kong: A New Challenge To An Old Doctrine, Eric M. Amberg
Self-Determination In Hong Kong: A New Challenge To An Old Doctrine, Eric M. Amberg
San Diego Law Review
This Comment examines the upcoming transition of Hong Kong as a "special administrative region" of the People's Republic of China (PRC) in 1997. The author argues that, in addition to the economic freedoms that will be preserved in Hong Kong, the people of Hong Kong should be guaranteed the right of self-determination in order to increase the level of confidence with which the people of Hong Kong view this transition. The author examines the history of the sovereign claims to Hong Kong and the substance of the transition agreement between Great Britain and the PRC. The author concludes that the …
Uncharted Waters: Non-Innocent Passage Of Warships In The Territorial Sea, F. David Froman
Uncharted Waters: Non-Innocent Passage Of Warships In The Territorial Sea, F. David Froman
San Diego Law Review
This Article examines the nature of the right of innocent passage for warships in a territorial sea. The author argues that, although a right of innocent passage for warships appears in the 1982 Convention on the Law of the Sea, the practices of many coastal States conflict with the Convention's provisions and cloud resolution of several central questions, such as who decides whether passage is innocent or non-innocent, by what criteria, and what sanctions exist. Drawing upon the Convention, coastal State legislation, and recent submarine intrusions of Swedish and Norwegian waters, the author concludes that modern notions of sovereignty, which …
Offshore Oil Platforms Which Pollute The Marine Environment: A Proposal For An International Treaty Imposing Strict Liability, Melissa B. Cates
Offshore Oil Platforms Which Pollute The Marine Environment: A Proposal For An International Treaty Imposing Strict Liability, Melissa B. Cates
San Diego Law Review
This Comment considers the legal ramifications of an offshore oil well explosion that spills oil into the marine environment of another nation. The author suggests that no effective international law exists to govern the legal issues spawned by these incidents, including questions of liability, damages, and compensation. The author proposes the development of a new international treaty imposing strict liability on a nation when an offshore structure within its jurisdiction causes transnational oil pollution. The author argues that the current utilization of the strict liability concept in various sources of "customary" international law supports this standard of liability.
The 1982 Convention And Customary Law Of The Sea: Observations, A Framework, And A Warning, John King Gamble Jr., Maria Frankowska
The 1982 Convention And Customary Law Of The Sea: Observations, A Framework, And A Warning, John King Gamble Jr., Maria Frankowska
San Diego Law Review
This Article examines the relationship between the 1982 Law of the Sea Convention and customary international law of the sea. The authors warn against the simple inquiry of whether the 1982 Convention codifies existing customary law, and propose a three-category approach with which to analyze the Convention's provisions. The authors argue that the relationship between the 1982 Convention and customary international law is an organic, interactive process that will preoccupy legal scholarship for the rest of the decade and that any attempt to arrive at a definitive treatment of this issue would be impossible.
Institutional Aspects Of Fishery Management Under The New Regime Of The Oceans, J. E. Carroz
Institutional Aspects Of Fishery Management Under The New Regime Of The Oceans, J. E. Carroz
San Diego Law Review
This Article reviews the changes already made or envisaged in light of the relevant provisions of the 1982 United Nations Convention on the Law of the Sea and the biological characteristics of the living resources of the sea. The author argues that the establishment of exclusive economic zones necessitates the alteration of institutional arrangements developed over the last decades to promote international cooperation in the management of fisheries. The author describes the establishment of a network of regional fishery bodies and analyzes the effect of the 1982 Convention provisions concerning the institutional aspects of fishery management. The author then reviews …
Treating A Vessel Like A Home For Purposes Of Conducting A Search, Barry Vrevich
Treating A Vessel Like A Home For Purposes Of Conducting A Search, Barry Vrevich
San Diego Law Review
This Comment examines recent decisions by the United States Supreme Court which indicate the Court is prepared to authorize the full warrantless search of a vessel subsequent to a lawful, random boarding, even in the absence of an articulable suspicion of wrongdoing. The author argues that the creation of a new "maritime safety and document inspection" exception to the fourth amendment's warrant requirement and probable cause standard would be an unprecedented and unjustified infringement on the constitutional rights of individual mariners. The author argues that, because a mariner's home is often his vessel, a warrant should be required to search …
Recent Developments In The Law Of The Sea 1982-1983, Jean E. Polhamus
Recent Developments In The Law Of The Sea 1982-1983, Jean E. Polhamus
San Diego Law Review
This Synopsis highlights major events occurring between December 1982 and December 1983 that affect the law of the sea. It discusses events occurring after the United Nations Convention on the Law of the Sea was opened for signature on December 10,1982, the continuing responsibilities of the Third United Nations Conference on the Law of the Sea, the United States' refusal to sign the 1982 Convention, and its subsequent actions, and other significant events outside the conference.
Extension Of Ocean Dumping Legislation Under The Marine Protection, Research, And Sanctuaries Act To A United States Exclusive Economic Zone, Arlene Koval
San Diego Law Review
This Comment addresses President Reagan's March 10, 1983 Proclamation declaring a 200-mile Exclusive Economic Zone for the United States and the issue of the application of national legislation to that zone. The author discusses the feasibility of extending domestic ocean dumping legislation under the Marine Protection, Research, and Sanctuaries Act to a United States Exclusive Economic Zone in the context of existing international agreements dealing with ocean dumping.
Conflict Resolution In The Assignment Of Area Entitlements For Seabed Mining, J. M. Broadus, Porter Hoagland Iii
Conflict Resolution In The Assignment Of Area Entitlements For Seabed Mining, J. M. Broadus, Porter Hoagland Iii
San Diego Law Review
This Article examines the conditions creating a need for, and the procedures being implemented to achieve, resolution of conflicts over deep seabed areas sought for exclusive exploration entitlements. The author argues that if and when deep seabed mining takes place, certain tangible advantages will accrue to nations or organizations that have obtained entitlements to exclusivity of activity within areas of the seabed. The author further suggests that the development of legal assurances of exclusivity and security of work within a claimed area has been proceeding along two different tracks, the 1982 Convention, and a prospectively complementary but currently separate and …
The International Regulation Of Small Cetaceans, Cynthia E. Carlson
The International Regulation Of Small Cetaceans, Cynthia E. Carlson
San Diego Law Review
This Article examines the current international regulatory regime for the conservation and management of cetaceans. The author argues that there are approximately sixty species of small cetaceans, but because the primary focus of the International Whaling Commission (IWC) has been the setting of commercial harvest levels and conservation measures for large cetaceans, nations have assumed that the IWC's jurisdiction is limited to the regulation of larger species, although nowhere in the IWC Convention or in any rule or regulation is the term "whale" defined. The author argues that, in light of the fact that the harvest levels of small cetaceans …
Prospects For Increased State And Public Control Over Ocs Leasing: The Timing Of The Environmental Impact Statement, Edward Corwin
Prospects For Increased State And Public Control Over Ocs Leasing: The Timing Of The Environmental Impact Statement, Edward Corwin
San Diego Law Review
This Comment reviews the current opportunities for state, local government, and public influence on the Department of Interior's Outer Continental Shelf decisions. The author argues that, while federal statutory procedures provide local governments and the public various opportunities to provide input regarding oil and gas leases on the Outer Continental Shelf, these channels of input fall far short of facilitating effective participation by these groups in federal decisions concerning those leases. The author suggests that earlier public availability of the Draft Environmental Impact Statement may remedy some of the inadequacies of the current process.
The Convention On The Law Of The Sea: A Preliminary Appraisal, Arvid Pardo
The Convention On The Law Of The Sea: A Preliminary Appraisal, Arvid Pardo
San Diego Law Review
In this Article, the author analyzes the 1982 United Nations Convention on the Law of the Sea. The author seeks to address whether the Convention adequately addresses the need to establish equity in ocean space between the states, as well as whether the Convention has developed adequate legal regimes to promote the global management of marine resources. He concludes that in certain areas, the Convention does not reflect true compromise but rather vague drafting that masks continued disparate positions among the signing States.
The United States Posture Toward The Law Of The Sea Convention: Awkward But Not Irreparable, Elliot L. Richardson
The United States Posture Toward The Law Of The Sea Convention: Awkward But Not Irreparable, Elliot L. Richardson
San Diego Law Review
In this Article, the author examines the position of the United States towards the Convention and the reasons behind its refusal to sign the Convention. The author argues that this refusal was disappointing and that the U.S. surrendered global stability for its own ideological purity. He argues that, by refusing to sign, the U.S. has isolated itself from direct decision-making in the Preparatory Commission. However, the author believes that the prospects of long-range detrimental effects on the United States' marine and other global interests will bring about a reversal in their current position.
Freedom Of The High Seas Versus The Common Heritage Of Mankind: Fundamental Principles In Conflict, E. D. Brown
Freedom Of The High Seas Versus The Common Heritage Of Mankind: Fundamental Principles In Conflict, E. D. Brown
San Diego Law Review
This Article examines the competing claims surrounding the refusal of the U.S. and other industrialized nations to sign the Convention. The author argues that it is now possible that seabed mining will proceed under a reciprocating state regime based on unilateral legislation, justified under the principle of the freedom of the seas. However, the signatory States have claimed that this type of legislation is contrary to international law based on the principle of the common heritage of mankind. The author examines the basis for each of these claims and how these claim survive under the current legal regime governing seabed …
The Ocean Enclosure Movement: Inventory And Prospect, Lewis M. Alexander
The Ocean Enclosure Movement: Inventory And Prospect, Lewis M. Alexander
San Diego Law Review
This Article examines the "ocean enclosure movement" and its future viability in light of the signing of the Convention. The author presents an overview of the development of the maritime jurisdictional regime and then examines the impacts of current jurisdictional claims on ocean use. The author continues to examine the potential trends in the ocean enclosure movement against the backdrop of the Convention.
Exclusive Fisheries Zones And Freedom Of Navigation, William T. Burke
Exclusive Fisheries Zones And Freedom Of Navigation, William T. Burke
San Diego Law Review
This Article examines the conflict between the proposed extension of resource fishery zones and its potential interference with the freedom of navigation. The author analyzes the various policies in support of each side, with particular attention to the decisions and principles of conventional and customary law and special reference to provisions of the Convention. The author also examines various proposed measures in light of these legal decisions and principles. The author concludes that only limited authority to affect navigation should be recognized and that this right should be reserved to developing States that have special dependence on fisheries for their …
The International Sea-Bed Authority Decision-Making Process: Does It Give A Proportionate Voice To The Participant's Interests In Deep Sea Mining?, Kathryn E. Yost
The International Sea-Bed Authority Decision-Making Process: Does It Give A Proportionate Voice To The Participant's Interests In Deep Sea Mining?, Kathryn E. Yost
San Diego Law Review
This Comment critiques the United States' refusal to sign the Convention, based on its contention that the International Sea-Bed Authority (ISA) decision-making process fails to proportionately protect its interests in deep sea mining. The author examines the underlying purpose of UNCLOS III and the divergent political and economic interests of the participants in deep sea mining. The author further examines the decision-making process of the ISA in order to determine which interests are represented and protected by the system, and compares this system to other international means. The author argues that the United States' should sign the Convention, as its …
Recent Developments In The Law Of The Sea 1981-1982, G. David Robertson, Gaylene Vasaturo
Recent Developments In The Law Of The Sea 1981-1982, G. David Robertson, Gaylene Vasaturo
San Diego Law Review
This Synopsis highlights major events occurring between December 1981 and December 1982 that affect the law of the sea. It discusses the eleventh session of the Third United Nations Conference on the Law of the Sea and significant events outside the Conference.
The Law Of The Sea After Montego Bay, Bernardo Zuleta
The Law Of The Sea After Montego Bay, Bernardo Zuleta
San Diego Law Review
In his introduction, Mr. Zuleta provides a background of the issues surrounding the signing of the recent United Nations Convention on the Law of the Sea, the development of the Preparatory Commission, and the role that the United Nations plays as a forum for the negotiation of complex issues.
Maritime Insurgency And The Law Of The Sea: An Analysis Using The Doctrine Of Distress, Grand Richard Telfer
Maritime Insurgency And The Law Of The Sea: An Analysis Using The Doctrine Of Distress, Grand Richard Telfer
San Diego Law Review
This Comment examines the international legal implications of an insurgent warship operating on the high seas. The author specifically addresses the rights of insurgents to conduct maritime operations and the right of third States to deny use of the high seas to these insurgents. The author argues that these claims may be provided an adequate forum under the doctrine of distress, or force majeure. The author examines potential arguments that an insurgent warship is a private vessel, and is stateless, but concludes that an insurgent is neither. The author further concludes that an insurgent warship is not generally subject to …