Law of the Sea Commons^™

The Charting And Safekeeping Of Oceans And Waterways: Legal Implications, P. K. Mukherjee

Dalhousie Law Journal

In the world of shipping and maritime affairs the task of charting the oceans and waterways is one, the indispensability of which cannot be overemphasized. Without nautical charts marine navigation would virtually come to a standstill. The apparent backstage role of chartmakers deserves more attention than is generally accorded them by the beneficiaries of the seas. Chartmaking basically consists of two disciplines, namely, hydrography and cartography. Hydrography is a science dealing with the description of the physical features and conditions of the waters of the earth's surface. Hydrographic surveying is the age-old art of collecting and collating all the data …

Antarctica And The Law Of The Sea: Rethinking The Current Legal Dilemmas, Christopher C. Joyner

San Diego Law Review

This Article analyzes the position of the countries that have controlled Antarctica, the impending resource controversy, and the possibility of international control. The author suggests that the legal status of Antarctica will become a controversial issue because of its numerous natural resources. Due to the existence of these resources, a complex dispute over legal jurisdiction has arisen between those original signatories to the Antarctic Treaty of 1959 and those non-Treaty States advocating the internationalization of Antarctica. The author argues that if accommodation between Treaty and non-Treaty members can be achieved, great progress will have been made toward global harmony under …

Introduction: Law Of The Sea, Claiborne Pell

San Diego Law Review

The Third United Nations Conference on the Law of the Sea is, in my view, the most ambitious and complex undertaking by the world community of nations since the creation of the United Nations itself in 1945.

The Role Of The International Seabed Authority In The 1980'S, Elizabeth Mann Borgese

San Diego Law Review

This Article examines the proposed development of an International Seabed Authority to enforce and monitor the requirements of the Treaty on the Prohibition of the Emplacement of Nuclear Weapons and Other Weapons of Mass Destruction on the Seabed and in the Subsoil Thereof. The author argues that many of the provisions for the Authority's activities are rendered inoperable by developments beyond the control of the Law of the Sea Conference. The author suggests that there have been significant developments at both the conceptual level and the technical level that hinder the ability of the International Seabed Authority to monitor compliance …

Bridging The Gap For Seabed Mining: Preparatory Instruments For The New Law Of The Sea Convention, Uwe Jenisch

San Diego Law Review

This Article discusses the need for, and structure of, a temporary preparatory commission to begin work on the International Seabed Authority once the Draft Treaty on the Law of the Sea has been ratified. Acknowledging that the Authority will require a preparatory commission to pay the way for their early stages, the author examines the possible permutations of such an authority and concludes that the debate over the structuring of the Preparatory Commission will be another obstacle to convention ratification.

Maritime Claims In The China Seas: Current State Practices, Choon-Ho Park

San Diego Law Review

This Article comments on the maritime practices of coastal states in East Asia with reference to their territorial, contiguous and economic jurisdictions. The author suggests that there are few other regions of the world where coastal State's claims to maritime jurisdiction are so varied, and that the geographical and political circumstances in the region are so complex that only a dozen countries share a cross-section of all issues before the current UN Law of the Sea Conference. The author presents an examination of the current and potential bilateral and multilateral problems faced by China, North and South Korea, Japan, Vietnam, …

The Moon Treaty And The Law Of The Sea, Patricia Minola

San Diego Law Review

This Comment explores the connections between the law of the sea and the evolving law of outer space. The author suggests that the questions of resource exploitation are common to both areas and will remain the subject of heated international debate until a practical method of resource management is adopted. The author explains that the law of the sea experience illustrates the difficulties that are encountered when legal norms trail behind technological advances and that a wiser framework would be to establish the basic legal framework in advance of technological developments. The author concludes that, if this were done, the …

Ocean Thermal Energy Conversion On The High Seas: Toward An International Regulatory Regime, Gary Alan Hecker

San Diego Law Review

This Comment examines the alternatives to the traditional International Law of the Sea for regulating high seas Ocean Thermal Energy Conversion devices (OTEC). The author begins by describing the ocean thermal energy conversion process and its advantages. The author then examines the concerns over regulation of this process on the high seas, and argues that existing international mechanisms that regulate high seas activities may be incapable of accommodating this new technology or developing appropriate regulation. The author concludes with a proposal for defining the status of ocean thermal energy conversion and analyzes several existing regimes as a possible example for …

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

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.

China And The Law Of The Sea Conference, Hungdah Chiu

Maryland Series in Contemporary Asian Studies

No abstract provided.

The Deep Seabed Hard Mineral Resources Act: Legality And Necessity The U.S. Perspective, Thomas P. Beatty

Marine Affairs Theses and Major Papers

In June of 1980, the President of the United States signed into law the Deep Seabed Hard Mineral Resources Act, a piece of national legislation that will most definitely have international repercussions. The developing nations of the world are strongly opposed to unilateralism on the part of any nation, contending the minerals of the deep seabed belong to all nations and, therefore, the benefit from the exploitation of those minerals should likewise be shared by all nations. Why then, against such firm opposition from the less developed countries of the world, did the United States opt for unilateralism instead of …

Maritime Boundary Disputes As A Constraint To The Commercialization Of Ocean Thermal Energy Conversion In The Caribbean Sea, Philip Erwin Haring

Marine Affairs Theses and Major Papers

This thesis is an examination of the effect which the commercialization of Ocean Thermal Energy Conversion (OTEC) will have on the delimitation of maritime boundaries in the Caribbean, and the extent to which boundary disputes will reduce the area available for OTEC facility deployment there. The first chapter is a discussion of OTEC and the prospects for commercialization in the next ten to fifteen years. The second chapter is an analysis of the development of the international law of the sea, and how that evolution has stabilized in recent years establishing a jurisdictional regime in which coastal states control the …

A Comparison Of Global Conventions Concerned With Controlling Ship-Borne Pollution On The High Seas, Robert F. Ogurek

Marine Affairs Theses and Major Papers

This paper will compare the global conventions concerned with controlling ship-borne pollution, noting the major differences in regulations concerned with the prevention, control and reporting of pollution incidents, as well as the enforcement provisions of these conventions. Section I of this paper will be a discussion of the provisions made in the Third United Nations Conference on the Law of the Sea Draft Convention on the Law of the Sea (not yet in force) concerning ship-borne pollution. Section II will be a discussion of the major global conventions, both those presently in force and those yet to enter into force, …

Promotion Of Distant-Water Fishing Industry In Taiwan, Dah-Wen Shieh

Marine Affairs Theses and Major Papers

The growth of distant-water fishing industry in Taiwan has been steady during the period from 1965-1973. However, since 1973, the slow expansion of distant-water fisheries has been reflected in both the production side and the decreasing catch per unit effort. The increasing operation costs and the shrinking fishing grounds are mainly attributable to the limitation of distant-water fishing industry. The small scale of fishing companies with small-sized vessels also resulted in the inefficient operation in this highly competitive business. For Taiwan, distant-water fishing is not only a means of meeting general protein requirements for its population but also an important …

Law Of The Sea Conference: Other Alternatives For Seabed Mining?, Hasjim Djalal

NYLS Journal of International and Comparative Law

No abstract provided.

The Third United Nations Conference On The Law Of The Sea: The Ninth Session (1980), Bernard H. Oxman

Articles

No abstract provided.

Sharing Of Ocean Resources - Unresolved Issues In The Law Of The Sea, Shigeru Oda

NYLS Journal of International and Comparative Law

No abstract provided.

Comments On Judge Oda's Approach To The Common Heritage Of Mankind, G. Winthrop Haight

NYLS Journal of International and Comparative Law

No abstract provided.

Comments On Speech By Judge Oda, William C. Brewer, Jan Schneider

NYLS Journal of International and Comparative Law

No abstract provided.

The Discretionary Function Exception And The Suits In Admiralty Act: A Safe Harbor For Negligence?, Kathryn C. Nielsen

Seattle University Law Review

This comment will focus on the different circuits' responses to the issue of whether the SIA should be read in light of the discretionary function exception.

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

THE MIDDLE EASTERN STATES AND THE LAW OF THE SEA

By Ali A.El-Hakim

Syracuse: Syracuse University Press, 1979. Pp. 293.Tables, maps, and international agreements.

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COMPLIANCE AND PUBLIC AUTHORITY: A THEORY WITH INTERNATIONAL APPLICATIONS

By Oran R. Young

Baltimore: Resources for the Future, 1979. Pp. 161.

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DOING BUSINESS WITH THE Russians

Under license from Westshore, Inc. New York: Praeger Publishers, 1978. Pp. 166.

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TAX LAW AND POLICY IN THE E.E.C.

By Alexander James Easson

London: Oceana Publications, 1980. Pp. 269. Tables of treaty provisions, secondary legislation, cases, and statistics.

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THE COLLAPSE OF WELFARE REFORM: POLITICAL INSTITUTIONS, POLICY …

Books Received, C. A. P.

Vanderbilt Journal of Transnational Law

COMPARATIVE LAW YEARBOOK

VOLUME 3, 1979.

Issued by the Center for International Legal Studies The Netherlands:

Sijthoff& Noordhoff, 1980. Pp. 287

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UNITED STATES FOREIGN RELATIONS LAW: DOCUMENTS AND SOURCES, VOLUME 1

EXECUTIVE AGREEMENTS

By Michael J.Glennon and Thomas M. Frank

Dobbs Ferry, New York: Oceana Publications, Inc., 1980. Pp. 474.

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U.S. NAVAL WAR COLLEGE, INTERNATIONAL LAW STUDIES, VOLUME 62 Edited by Richard B. Lillich and John Norton Moore

Newport, Rhode Island: Naval War College Press, 1980. Pp. 758.

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THE SOVIET PROCURACY AND THE SUPERVISION OF ADMINISTRATION

By Gordon B. Smith

The Netherlands: Sijthoff and Noordhoff,1978. Appendices. Pp. …