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- Marine resources (3)
- Law of the sea (2)
- Mines and minerals (2)
- Coastal zone management; TRIDENT; continental shelf; marine resources management (1)
- Environmental law (1)
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- Fish farming (1)
- Fisheries management (1)
- Fishing (international law) (1)
- Foreign relations (1)
- International organization (1)
- Jurisdiction (International law) (1)
- Mariculture (1)
- National jurisdiction (1)
- Ocean dumping (1)
- Pollution (1)
- Shipowners' liability (1)
- United Nations (1)
- Whale hunting (1)
- Whales (1)
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Articles 1 - 24 of 24
Full-Text Articles in Law of the Sea
The Changing Global Pattern Of Fisheries Management, Thomas A. Clingan Jr.
The Changing Global Pattern Of Fisheries Management, Thomas A. Clingan Jr.
University of Miami Inter-American Law Review
No abstract provided.
Institutional Arrangements And The Law Of The Sea, Bernard H. Oxman
Institutional Arrangements And The Law Of The Sea, Bernard H. Oxman
University of Miami Inter-American Law Review
No abstract provided.
The Regime For The Exploitation Of The Seabed Mineral Resources: A Latin-American View, Francisco Orrego-Vicuña
The Regime For The Exploitation Of The Seabed Mineral Resources: A Latin-American View, Francisco Orrego-Vicuña
University of Miami Inter-American Law Review
No abstract provided.
The Maritime Law Association's Proposed Statute On Shipowners' Liability, Joseph P. Martucci
The Maritime Law Association's Proposed Statute On Shipowners' Liability, Joseph P. Martucci
University of Miami Inter-American Law Review
No abstract provided.
The U.S. Distant Water Fishing Industry, William Utz
The U.S. Distant Water Fishing Industry, William Utz
University of Miami Inter-American Law Review
No abstract provided.
Mariculture--Step Child Of The Law Of The Sea, Milford E. Shirley
Mariculture--Step Child Of The Law Of The Sea, Milford E. Shirley
University of Miami Inter-American Law Review
No abstract provided.
United States Interests And The Law Of The Sea, Elliot L. Richardson
United States Interests And The Law Of The Sea, Elliot L. Richardson
University of Miami Inter-American Law Review
No abstract provided.
The Billion Dollar Decision: Is Deepsea Mining A Prudent Investment?, Leigh S. Ratiner, Rebecca L. Wright
The Billion Dollar Decision: Is Deepsea Mining A Prudent Investment?, Leigh S. Ratiner, Rebecca L. Wright
University of Miami Inter-American Law Review
No abstract provided.
The Genocide Of Whales:A Crime Against Humanity, Luis Kutner
The Genocide Of Whales:A Crime Against Humanity, Luis Kutner
University of Miami Inter-American Law Review
No abstract provided.
The Ocean Dumping Dilemma, Stuart Weinstein-Bacal
The Ocean Dumping Dilemma, Stuart Weinstein-Bacal
University of Miami Inter-American Law Review
No abstract provided.
Marine Scientific Research, Linda A. Caruso
Marine Scientific Research, Linda A. Caruso
University of Miami Inter-American Law Review
No abstract provided.
Science In The Sea-Can The Scientists Endure 200 Mile Jurisdiction?: A Case Study Of The R/V Trident 1973-1975, Barbara Ray
Science In The Sea-Can The Scientists Endure 200 Mile Jurisdiction?: A Case Study Of The R/V Trident 1973-1975, Barbara Ray
Marine Affairs Theses and Major Papers
Before the 1958 Continental Shelf Convention scientists were free to do their research anywhere in the oceans except within a narrow band of territorial waters. Since that time national jurisdiction has closed off increasing amounts of the sea. Most coastal areas and continental shelf areas now require coastal state consent prior to commencing work. Possible reasons for this closure include 1) fear of natural resource exploitation, 2) fear of military exploitation, or 3) growing feelings of nationalism among the developing countries. This paper is divided into two parts. The first deals at length with the development of the issue of …
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.
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".
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.
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.
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.
United States Interests In A Convention On The Law Of The Sea: The Case For Continued Efforts, Jonathan I. Charney
United States Interests In A Convention On The Law Of The Sea: The Case For Continued Efforts, Jonathan I. Charney
Vanderbilt Journal of Transnational Law
Over 150 nations have been engaged in the negotiation of a multilateral Convention on the Law of the Sea at the Third United Nations Conference on the Law of the Sea for more than five years. The negotiations have included virtually every possible issue involving relations between nations with respect to the oceans, such as fishing, national jurisdiction, navigation, environment, scientific research, seabed exploitation, and transfer of technology.' The current product of that negotiation is the Informal Composite Negotiating Text (ICNT), a 198-page document containing 303 treaty articles plus seven annexes. Although the participating nations agree on much of the …