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Full-Text Articles in Law of the Sea
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 …
The Roles Of Regional Law Of The Sea, Mark W. Janis
The Roles Of Regional Law Of The Sea, Mark W. Janis
San Diego Law Review
This Article draws together the record of regional law of the sea from recent regional developments, scholarly studies and recommendations, and the law of the sea debate. It analyzes the different roles which regional law of the sea might play and has played. It evaluates the prospects for regional law of the sea in different geographical areas and speculates about the contributions which regional law of the sea might make to the unfolding legal order of the oceans.
United States And Canadian Policy Processes In Law Of The Sea, Ann L. Hollick
United States And Canadian Policy Processes In Law Of The Sea, Ann L. Hollick
San Diego Law Review
In the years 1958 and 1960, the United States and Canada were among 88 nations engaged in negotiations on the law of the sea. The Third United Nations Conference on the Law of the Sea began in December 1973, met again in Caracas in June-August 1974 and is to continue in 1975. The United States and Canada are among 138 nations taking part in efforts to reach agreement on an international treaty governing the use of an area comprising 70 percent of the earth's surface. In this international lawmaking exercise, the governments of Canada and the U.S. play very active …
Recent Developments In The Law Of The Sea: A Synopsis, Robert Armstrong, William Franz, Webster Kinnaird
Recent Developments In The Law Of The Sea: A Synopsis, Robert Armstrong, William Franz, Webster Kinnaird
San Diego Law Review
Each year, as an integral part of its symposium on the law of the sea, the San Diego Law Review presents a synopsis of the major events in the field. This year's precis covers the period from January 1, 1974 to December 31, 1974. The scope of the article prohibits extended scrutiny of the subject matter. However, the manner in which it is presented exposes the reader to a broad spectrum of recent events and allows familiarization with increasingly important facets of a rapidly expanding area. As an added ingredient, this year's synopsis contains coverage of the United Nations Conference …
The Impact Of The 200-Mile Economic Zone On The Law Of The Sea, Lewis M. Alexander, Robert D. Hodgson
The Impact Of The 200-Mile Economic Zone On The Law Of The Sea, Lewis M. Alexander, Robert D. Hodgson
San Diego Law Review
Students of marine affairs can easily trace the evolving process of offshore claims: the expansion of territorial sea breadths in the case of many States to four, six, twelve or even greater mileages; the claims to specialized extra-territorial zones, as for example, customs, fishing, pollution control, and neutrality; the closing off of bays, gulfs, and inter-island waters as part of the national territory; and the extension of national rights over continental shelf reprocession, and terms such as straight baselines, historic bays, and archipelagic waters have become recognized (if sometimes ill-defined) parts of the law of the sea lexicon. Now yet …
The Exclusive Economic Zone - The Elusive Consensus, Duke E. Pollard
The Exclusive Economic Zone - The Elusive Consensus, Duke E. Pollard
San Diego Law Review
Despite bold assertions to the contrary the concept of an economic zone of exclusive coastal State jurisdiction is not unknown to modern international law of the sea. What is new is the choice of terminology employed to describe the concept and its identification with the countries of the Third World. As with the development of other norms relating to State interaction in ocean space, the concept of the exclusive economic zone reflects the "interplay of economic, political and strategic interests which characterizes the problems of the law of the sea in the twentieth century."
The Enforcement Of Marine Pollution Regulations, A. V. Lowe
The Enforcement Of Marine Pollution Regulations, A. V. Lowe
San Diego Law Review
The achievement of effective control over marine pollution depends upon agreement both on adequate anti-pollution regulations in matters such as hull design, manning requirements and permissible discharge rates, as well as agreement on an effective enforcement procedure. A major area of disagreement concerns the body which should be responsible for prescribing the appropriate standards — the alternatives being basically either individually, by coastal States, or an international agency. This article will review the present position under customary international law and under the conventions dealing with pollution, and then examine the three main trends which appeared during the 1974 United Nations …
The Fisheries Proposals: An Assessment, Channing Kury
The Fisheries Proposals: An Assessment, Channing Kury
San Diego Law Review
Several major proposals for the regulation or division of the international fisheries were made at the Law of the Sea Conference at Caracas, Venezuela in 1974. Law is typically evolved through controversy with many inherent limitations and costs. There will not be, in fact cannot be, an optimal body of law for the utilization of the sea. What can be hoped for, though, is a corpus juris that will be responsive to natural and societal limitations and demands. It is chiefly with this criterion in mind that the following assessment has been made of some of the fisheries proposals.
A Funny Thing Happened To The Common Heritage On The Way To The Sea, Aaron L. Danzig
A Funny Thing Happened To The Common Heritage On The Way To The Sea, Aaron L. Danzig
San Diego Law Review
In December 1970, with no dissenting votes, the United Nations General Assembly declared that the resources of the sea bed beyond national jurisdiction are the common heritage of mankind. We dreamed of pooling these resources for the service of mankind, and they include an estimated 2.25 trillion barrels of oil (possibly amounting to half of the total world reserves) and enough nodules containing manganese, cobalt, copper and nickel to supply the world for thousands of years. In 1970, after several years of preliminary backing and filling, the United Nations decided to call a world conference, generally known as the Law …
The International Seabed And The Single Negotiating Text, A. V. Lowe
The International Seabed And The Single Negotiating Text, A. V. Lowe
San Diego Law Review
This Article attempts to outline the events leading up to the submission of Part I of the Informal Single Negotiating Text by the Chairman of Committee I at the end of the Geneva session of the Conference, to examine the contents of that document, and to suggest some of the wider implications of developments regarding the international seabed area.
The Illusory Treasure Of Davy Jones' Locker, Martin Ira Glassner
The Illusory Treasure Of Davy Jones' Locker, Martin Ira Glassner
San Diego Law Review
This proposal, while admittedly inchoate and sketchy, is in keeping with the trends of our times. It would provide both minerals and capital for development. It would preserve State sovereignty while fostering international cooperation. And it would not unduly impede the mining companies which are poised to begin commercial harvesting, but would integrate them into partnership.
Foreword, Carlyle E. Maw
Foreword, Carlyle E. Maw
San Diego Law Review
The San Diego Law Review symposium contains some very thoughtful comments with respect to the validity under international law of the mining claim made by Deepsea Ventures, Inc. and the factors affecting United States policy toward negotiations of the regime for highly migratory species, and the effect that a 200-mile economic resource zone could have on the American tuna industry; the complex questions involved in attempting to create a regime for archipelagos consistent with the interests of the world community in protecting freedom of navigation and the development of the doctrine of innocent passage and its effect on the legality …
Where Are We On The Law Of The Sea?, Robert B. Krueger
Where Are We On The Law Of The Sea?, Robert B. Krueger
San Diego Law Review
For some time there has been a consensus that the old rules for the oceans are inadequate. They do not adequately protect the world's fish supply. For example, Japan, the Soviet Union and other nations with large foreign fishing fleets conduct massive sweeps through the coastal waters of other countries, including the United States, and cause grave damage to their stocks. There is overfishing on the high seas. A number of species of whales are threatened with extinction. Rules for conservation are obviously needed.
Naval Missions And The Law Of The Sea, Mark W. Janis
Naval Missions And The Law Of The Sea, Mark W. Janis
San Diego Law Review
Since both SSBN operations and distant-water activities depend upon the right to navigate outside internal and territorial waters, it might be expected that the naval interests of the United States, the Soviet Union, Great Britain, and France would tend to favor traditional high seas freedoms. It is, in fact, commonly assumed that free transit through international straits and the preservation of liberal navigation rights outside a 12-mile territorial sea would be to the advantage of the four major navies. It is generally true that the naval operations of the four countries are facilitated by transit rights through straits and navigation …
The Role Of The Geographically - Disadvantaged States In The Law Of The Sea, Lewis M. Alexander, Robert D. Hodgson
The Role Of The Geographically - Disadvantaged States In The Law Of The Sea, Lewis M. Alexander, Robert D. Hodgson
San Diego Law Review
One of the more ambiguous terms to have surfaced in recent law of the sea negotiations is in reference to certain States as being "geographically-disadvantaged." Few criteria have been spelled out for inclusion in such groups, and the only serious suggestions for distinguishing among degrees of disadvantage have been those which tend to put land-locked States in a special category of misfortune. For many years, the plight of the land-locked countries has attracted international attention: witness the 1921 Barcelona Convention, the provisions on their behalf in the 1958 Geneva High Seas convention, and the 1965 UNCTAD Convention on Transit Trade …
Some Thoughts On National Ocean Policy: The Critical Issue, Don Walsh
Some Thoughts On National Ocean Policy: The Critical Issue, Don Walsh
San Diego Law Review
The question of whether or not the United States has an operative, deliberate national ocean policy is generating increasing concern among statesmen, scholars, and others concerned with out future role in the uses of ocean space. In short, does this nation conduct its ocean affairs with the same planning and deliberation as its foreign affairs? While many believe this nation has a perfectly adequate national ocean policy, it is the basic proposition of this Article, that, in fact, this is not the case and what passes for national ocean policy is actually a rather uncoordinated grouping of special interests competing …
Recent Developments In The Law Of The Sea: Synopsis, Robert G. Pickering, William W. Taylor
Recent Developments In The Law Of The Sea: Synopsis, Robert G. Pickering, William W. Taylor
San Diego Law Review
As part of its annual symposium on the law of the sea, the San Diego Law Review compiles a summary of significant recent developments in the field. This seventh annual synopsis reports major events which occurred between January 1, 1975, and December 31, 1975. Scope, format, and approach are substantially as employed in the past; a minor change is the extended use of footnotes, including citations to newspapers.
The Wealth Of The Oceans And The Law Of The Sea: Some Preliminary Observations, Giulio Pontecorvo, Roger Mesznik
The Wealth Of The Oceans And The Law Of The Sea: Some Preliminary Observations, Giulio Pontecorvo, Roger Mesznik
San Diego Law Review
This Article will consider one aspect of the valuation problem. The focus is on the implications of rapid changes in the value of ocean and ocean related resources on social control (management) of ocean activity. Most often, economists, in order to analyze a problem use the concept of equilibrium under static or comparative static conditions. However, it is the dynamics of the rapidly changing (increasing) value of ocean resources that is one of the driving forces behind the rising interest in ocean management programs. Accordingly, these changes will be considered in a dynamic framework with due consideration to the related …