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Articles 1 - 21 of 21
Full-Text Articles in Law of the Sea
The Canadian Arctic Waters Pollution Prevention Act: New Stresses On The Law Of The Sea, Richard B. Bilder
The Canadian Arctic Waters Pollution Prevention Act: New Stresses On The Law Of The Sea, Richard B. Bilder
Michigan Law Review
The Canadian Pollution Prevention Act is of interest in several respects. It opens a new round in the historic and multifaceted struggle over freedom of the seas. It raises complex questions of international law and policy regarding the legal regime of Arctic waters, the concept of contiguous zones, the status of waters within archipelagoes, and the doctrines of innocent passage and international straits. It illustrates both the perception of an increasing number of coastal states that existing international law and international arrangements are inadequate to protect their legitimate interests, and the strong pressures within such states for unilateral action to …
Land-Based Seaman: Recovery For Off-The-Job Injuries
Land-Based Seaman: Recovery For Off-The-Job Injuries
Washington and Lee Law Review
No abstract provided.
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.
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.
Recommendations For A United States Position Regarding Delimitation Of The Outer Boundary Of The "Legal" Continental Shelves, Brian K. Hannula
Recommendations For A United States Position Regarding Delimitation Of The Outer Boundary Of The "Legal" Continental Shelves, Brian K. Hannula
Marine Affairs Theses and Major Papers
The Convention on the Continental Shelf has come under attack because it does not establish a precise outer boundary for the "legal" continental shelf. It is the author's opinion that the United States should propose or support a revision of the Convention which would rectify this situation. A suitable delimitation proposal must have considerable domestic support and should represent the best compromise between opposing domestic views. A proposed revision of the Convention must, also, have strong international support if it is to be adopted. Each nation will determine a preferred delimitation which depends on the configuration of its own continental …
Setting Sail With Wrongful Death: An Action Does Lie Under General Maritime Law For Death Caused By Violation Of Maritime Duties -- Moragne V. States Marine Lines, Inc., 90 S. Ct. 1772 (1970), Robert P. Irwin
California Western International Law Journal
No abstract provided.
The Case For A Seagoing Workmen's Compensation Act, Parker B. Smith
The Case For A Seagoing Workmen's Compensation Act, Parker B. Smith
Vanderbilt Journal of Transnational Law
At the present time no comprehensive workmen's compensation statute exists to provide coverage for seamen injured in the course of their employment. The seaman's only existing remedies consist of an action for maintenance and cure, an action for breach of the shipowner's warranty of seaworthiness, and an action for negligence under the Jones Act. These remedies offer unsatisfactory protection to the seaman for several reasons. Under the existing remedies the seaman may be unable to obtain any recovery because the shipowner has the traditional right to "limit liability" to the seaman at the outset of the seaman's action for recovery. …