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Full-Text Articles in Law of the Sea
The Deep Seabed Hard Mineral Resources Act And The Third United Nations Conference On The Law Of The Sea: Can The Conference Meet The Mandate Embodied In The Act, F. Patterson Willsey
The Deep Seabed Hard Mineral Resources Act And The Third United Nations Conference On The Law Of The Sea: Can The Conference Meet The Mandate Embodied In The Act, F. Patterson Willsey
San Diego Law Review
This Comment analyzes the composition and decision-making procedures of the proposed International Seabed Authority with respect to access to the seabed, security of tenure for U.S. citizens who begin exploration for, or commercial recovery of, minerals before the Law of the Sea Treaty enters into force, and the economic feasibility of seabed mining under the proposed treaty in an effort to determine the treaty's acceptability to the United States. The author argues that the structure of the Draft Convention is aimed more towards global interests, rather than those of the United States, and this fact will pose a potential problem …
Recent Developments In The Law Of The Sea 1979-1980, Jeffrey Lee Gertler, Paul Wayne
Recent Developments In The Law Of The Sea 1979-1980, Jeffrey Lee Gertler, Paul Wayne
San Diego Law Review
This Synopsis highlights major events occurring between December 1979 and December 1980 that affect the law of the sea. It discusses the Ninth Session of the Third United Nations Conference on the Law of the Sea and significant events outside UNCLOS III.
Foreword, Kurt Waldheim
Foreword, Kurt Waldheim
San Diego Law Review
his foreword and the introduction that follows were written and submitted for publication prior to the resumed ninth session of the Third Unites Nations Conference on the Law of the Sea that was held in Jule and August of 1980. In the report he made to the General Assembly summarizing the results of that session, the Secretary-General states that acceptable formulations were found on the remaining hard-core issues and that the work which remains outstanding could be completed at the next and last session of the Conference. This, in his view, would bring to fruition one of the most arduous …
Introduction: Law Of The Sea, Bernardo Zuleta
Introduction: Law Of The Sea, Bernardo Zuleta
San Diego Law Review
The Author introduces the following Articles about the Law of the Sea. He states that the Third United Nations Conference on the Law of the Sea is approaching the end of an arduous journey, and describes some features of the Conference.
Post World War Ii Multilateral Treaty-Making: The Task Of The Third United Nations Law Of The Sea Conference In Perspective, John King Gamble Jr.
Post World War Ii Multilateral Treaty-Making: The Task Of The Third United Nations Law Of The Sea Conference In Perspective, John King Gamble Jr.
San Diego Law Review
This Article examines the potential obstacles that must be overcome before the creation of a global law of the sea treaty. The author argues that, even if the Conference proceeds quickly to approve a text, the treaty may never enter into force, because it will be very difficult and time-consuming for the new treaty to be accepted by a majority of the States in the world. The author reviews the various problems likely to be encountered, including signatures not followed by required ratifications, crippling reservations, and States' reluctance to be party to treaties containing dispute settlement clauses. The author examines …
Toward A Principled Approach To The Distribution Of Global Wealth: An Impartial Solution To The Dispute Over Seabed Manganese Nodules, Frederick Arnold
Toward A Principled Approach To The Distribution Of Global Wealth: An Impartial Solution To The Dispute Over Seabed Manganese Nodules, Frederick Arnold
San Diego Law Review
This Article discusses the major economic and political conflicts that underlie the seabed dispute over the allocation of seabed manganese nodules. The author argues that none of the interests groups have presented a compelling legal position, and urges the conferees to distribute manganese nodules according to a rigorously defined impartial scheme. The author argues that such action will provide the impartial legal precedent urgently required to avoid more serious conflicts over the distribution of global wealth.
Global Conservation And Management Of Marine Mammals, James A.R. Nafzinger
Global Conservation And Management Of Marine Mammals, James A.R. Nafzinger
San Diego Law Review
This Article examines the potential role that the Third United Nations Law of the Sea Conference has in the development of an ecologically sound global regime to conserve and manage marine mammals. The author first examines the current regime of municipal legislation, nongovernmental programs, bilateral agreements, regional agreements, and limited global authority. The author then discusses the emerging regime under UNCLOS III as an alternative to the present fragmented authority. Proposing greater reliance upon the United Nations framework, the author critiques the relevant provisions of the revised negotiation text, with special attention given to the role of the United States …
Offshore Petroleum Exploitation And Environmental Protection: The International And Norwegian Response, Kenneth G. Roberts
Offshore Petroleum Exploitation And Environmental Protection: The International And Norwegian Response, Kenneth G. Roberts
San Diego Law Review
This Comment examines the conflicts that often arise between the exploitation of offshore resources and the protection of the environment. The author examines the international legal regime that establishes both jurisdictional rights of exploitation and the coastal States' obligation to mitigate concomitant environmental harms. The author then focuses on a single coastal State, Norway, to study a domestic response to the conflicting needs of offshore exploitation and environmental protection.
Ixtoc I: A Test For The Emerging Concept Of The Patrimonial Sea, Alan T. Leonhard
Ixtoc I: A Test For The Emerging Concept Of The Patrimonial Sea, Alan T. Leonhard
San Diego Law Review
This Article examines the emergence of the concept of the "patrimonial sea" from the perspective of Latin American jurists who adhere to the tradition of regional particularism in international law, and considers the question of whether the "patrimonial sea" is lex lata or lex ferenda. The author argues that the realities of the development of new laws of the sea at the international and regional levels shattered the ideas that the vastness of the oceans would prevent serious pollution and that the wealth of the seabed is a "common heritage of mankind." The author presents some conclusions concerning liability for …
Fishery And Economic Zones As Customary International Law, Carolyn Hudson
Fishery And Economic Zones As Customary International Law, Carolyn Hudson
San Diego Law Review
This Comment examines the unilateral development of fishery or economic zone in the contiguous waters of coastal States, and attempts to address the question of whether, in the absence of a validating global treaty, legal rights and obligations are created in the international community through these claims. The author explores the use of the customary law formation process as an alternative to the creation of international law by convention at the Third United Nations Conference of the Law of the Sea. The author further attempts to define the four elements generally accepted as requisite to the evolution of a usage …
Recent Developments In The Law Of The Sea 1978-1979, Henry Heater, James Mcmullen
Recent Developments In The Law Of The Sea 1978-1979, Henry Heater, James Mcmullen
San Diego Law Review
This Synopsis highlights major events occurring in the law of the sea between December 1978 and December 1979. It discusses the eighth session of the Third United Nations Conference on the Law of the Sea (UNCLOS III). It also discusses significant events that occurred outside the UNCLOS III.
Introduction, Elliot L. Richardson
Introduction, Elliot L. Richardson
San Diego Law Review
For over ten years, in three Conferences and some nine Conference sessions, the United Nations has grappled with the codification and the creation of the Law of the Sea. Numerous writers have recounted the uniqueness and importance of these negotiations and the difficulties in the path of agreement.... When the negotiations recessed temporarily last September in New York, there was strong sentiment on the part particularly of the smaller countries that significant progress must be made on the outstanding issues during the Eighth Session opening this March to justify the continuation of UNCLOS III. I propose to use this introduction …
The Politics Of Manganese Nodules: International Considerations And Domestic Legislation, John M. Murphy
The Politics Of Manganese Nodules: International Considerations And Domestic Legislation, John M. Murphy
San Diego Law Review
The legal regime governing the recovery of deep seabed minerals may be the most difficult issue now confronting the United Nations Conference on the Law of the Sea. Congressman Murphy discusses unilateral legislation, concluding that it would be fully consonant with prevailing international law and that it would act as a spur to the negotiations of the Conference. He analyzes the Deep Seabed Mining bill in the contexts of the international legal system and the Law of the Sea Conference and urges the United States to enact the bill so that exploration and commercial recovery may proceed.
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.