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Articles 1501 - 1530 of 1994

Full-Text Articles in Law of the Sea

Harnessing Of Offshore And Deep Sea Fishery Resources In The Exclusive Economic Zone Of Sri Lanka, Ginigaddarage Piyasena Jan 1992

Harnessing Of Offshore And Deep Sea Fishery Resources In The Exclusive Economic Zone Of Sri Lanka, Ginigaddarage Piyasena

Marine Affairs Theses and Major Papers

Sri Lanka declared her Exclusive Economic Zone in 1977, under Section 56 of the Maritime Zone Law No.22 of 1976. With this declaration she extended her jurisdiction over a 500,000 km of sea area as a coastal state. The acquisition of this vast sea area enables Sri Lanka to provide the most needed animal protein requirement of her population by harnessing the fishery resources available in the EEZ. This paper reviews the impact of the declaration of the Exclusive Economic Zone on the offshore and deep sea fish production in Sri Lanka from 1977 to 1990 especially in relation to …

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Impacts Of The Unclos Iii Consent Regime On U. S. Marine Scientific Research, 1982-1989, Matthew Patrick Murphy Jan 1991

Impacts Of The Unclos Iii Consent Regime On U. S. Marine Scientific Research, 1982-1989, Matthew Patrick Murphy

Marine Affairs Theses and Major Papers

The 1982 Conference on the Law of the Sea (UNCLOS III) has given states jurisdiction over unprecedented scopes of ocean space. Marine scientific research is among the activities under coastal state control. This thesis examines five possible areas of impact of coastal state control on United States research programs. These are: 1. research which was denied outright, 2. reasons for denials, 3. research which was delayed, 4. the extent to which researchers avoid requests in the waters of restrictive states, and 5. the level of interest among UNOLS institutions in cooperative arrangements with foreign governments. The international legal framework for …

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The Commander's Handbook On The Law Of Naval Operations And The Contemporary Law Of The Sea, A. V. Lowe Jan 1991

The Commander's Handbook On The Law Of Naval Operations And The Contemporary Law Of The Sea, A. V. Lowe

International Law Studies

No abstract provided.

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Prospects For The 1992 Conference On The Environment And Development: A New World Order, 25 J. Marshall L. Rev. 1 (1991), Elliot Richardson Jan 1991

Prospects For The 1992 Conference On The Environment And Development: A New World Order, 25 J. Marshall L. Rev. 1 (1991), Elliot Richardson

UIC Law Review

No abstract provided.

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Re-Evaluating The Status Of Flags Of Convenience Under International Law, David F. Matlin Jan 1991

Re-Evaluating The Status Of Flags Of Convenience Under International Law, David F. Matlin

Vanderbilt Journal of Transnational Law

This Note re-examines the role and status of flags of convenience in the international shipping arena. The author argues that universal condemnation of flags of convenience or open ship registration is unwarranted from legal and factual standpoints. The Note first examines the significance of ship nationality as a means of regulating conduct on ships when at sea or in foreign ports. This analysis leads into an examination of the methods states use to ascribe nationality to vessels. The author then analyzes attempts to impose "genuine link" requirements in several conventions and questions whether such requirements are legitimate under customary international …

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International Straits, Lewis M. Alexander Jan 1991

International Straits, Lewis M. Alexander

International Law Studies

No abstract provided.

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Submarine Mines In International Law, Thomas A. Clingan Jr. Jan 1991

Submarine Mines In International Law, Thomas A. Clingan Jr.

International Law Studies

No abstract provided.

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Index Jan 1991

Index

International Law Studies

No abstract provided.

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International Law And Naval And Air Operations At Sea, Bernard H. Oxman Jan 1991

International Law And Naval And Air Operations At Sea, Bernard H. Oxman

International Law Studies

No abstract provided.

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Forward And Preface - Volume 64 Jan 1991

Forward And Preface - Volume 64

International Law Studies

No abstract provided.

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Neutrality, Mark W. Janis Jan 1991

Neutrality, Mark W. Janis

International Law Studies

No abstract provided.

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Maritime War Zones & Exclusion Zones, L.F.E. Goldie Jan 1991

Maritime War Zones & Exclusion Zones, L.F.E. Goldie

International Law Studies

No abstract provided.

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The Law Of Submarine Warfare Today, Jon L. Jacobson Jan 1991

The Law Of Submarine Warfare Today, Jon L. Jacobson

International Law Studies

No abstract provided.

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Naval Targeting: Lawful Objects Of Attack, Sally V. Mallison, W. Thomas Mallison Jan 1991

Naval Targeting: Lawful Objects Of Attack, Sally V. Mallison, W. Thomas Mallison

International Law Studies

No abstract provided.

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Noncombatant Persons A Comment To Chapter 11 Of The Commander's Handbook On The Law Of Naval Operations, Frits Kalshoven Jan 1991

Noncombatant Persons A Comment To Chapter 11 Of The Commander's Handbook On The Law Of Naval Operations, Frits Kalshoven

International Law Studies

No abstract provided.

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Modern Technology And The Law Of Armed Conflict At Sea, Horace B. Robertson Jr. Jan 1991

Modern Technology And The Law Of Armed Conflict At Sea, Horace B. Robertson Jr.

International Law Studies

No abstract provided.

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Appendix: Commander's Handbook On The Law Of Naval Operations Jan 1991

Appendix: Commander's Handbook On The Law Of Naval Operations

International Law Studies

No abstract provided.

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U.S. Freedom Of Navigation Program, Robert P. Girrier May 1990

U.S. Freedom Of Navigation Program, Robert P. Girrier

Marine Affairs Theses and Major Papers

For the last decade, the United States has been engaged in "Freedom of Navigation" exercises with ships and aircraft in sea areas of disputed jurisdiction. At times these exercises have evoked armed responses from the nations concerned. What has been the purpose of these precipitous activities on the part of the u.S.? What is the legal basis for this activity, and has it served the interests of the international community or the United States? This paper will examine the elements of international law pertaining to disputes rising from territorial sea claims and their impact on passage and overflight. It will …

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The Theory And History Of Ocean Boundary Making, Elizabeth Maruma Mrema May 1990

The Theory And History Of Ocean Boundary Making, Elizabeth Maruma Mrema

Dalhousie Law Journal

Over the years, Douglas Johnston has written and edited a large body of literature on the subject of ocean boundary making. The "functionalist" approach to ocean boundary which he presents in this book is obviously the result of his careful accumulation of knowledge and experience over many years' involvement with the topic as researcher and writer. While at Dalhousie University in Halifax he had significant and direct involvement with the Ocean Studies Program.

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Edward Miles's Review Of Hanns J. Buchholz's Law Of The Sea Zones In The Pacific Ocean, Edward Miles Mar 1990

Edward Miles's Review Of Hanns J. Buchholz's Law Of The Sea Zones In The Pacific Ocean, Edward Miles

Pacific Studies

No abstract provided.

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The Canadian-American Dispute Over Dixon Entrance, Mary Kathleen Morrissey Jan 1990

The Canadian-American Dispute Over Dixon Entrance, Mary Kathleen Morrissey

Marine Affairs Theses and Major Papers

The body of water between the southern tip of Alaska's panhandle and British Columbia's Queen Charlotte islands, known as Dixon Entrance, is one of four external maritime boundaries between the United States and Canada. This particular boundary has been an area of dispute ever since it was established and settlement does not appear to be imminent. yet, this dispute continues to create poor management of fish stocks, trade disruption, feelings of frustration among fishermen of both nations, and in general, it remains a thorn in the side of United States-Canadian relations. In this paper I intend to review the history …

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Maritime Boundaries Of India - A Case Study, Piyali Talukdar Jan 1990

Maritime Boundaries Of India - A Case Study, Piyali Talukdar

Marine Affairs Theses and Major Papers

This study examines the present status of the maritime boundaries of India in the context of applicable international laws related to boundary definition. As a developing nation with a long coastline and large Exclusive Economic Zone, it is important for India to define its boundary limits for better utilization and management of its marine resources. India has maritime boundaries with seven different nations; the geographical setting, political relationships and economic importances are different in each case, making each situation unique. Since appreciation of factors such as geographical, geophysical, resource potentials, etc. can help to realize the shape of the present …

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United States Coastwise Trading Restrictions: A Comparison Of Recent Customs Service Rulings With The Legislative Purpose Of The Jones Act And The Demands Of A Global Economy, Robert L. Mcgeorge Jan 1990

United States Coastwise Trading Restrictions: A Comparison Of Recent Customs Service Rulings With The Legislative Purpose Of The Jones Act And The Demands Of A Global Economy, Robert L. Mcgeorge

Northwestern Journal of International Law & Business

Fierce policy disputes are inevitable whenever two basic, widely-accepted principles intersect in a situation where one must prevail and the other give way. In the maritime field, these disputes occur whenever a nation-state is forced to choose between promoting free and open trade in maritime services or protecting its domestic merchant marine. The clash of these policies has generated vigorous debates in the United States on a wide variety of maritime issues (e.g., cargo preference requirements, operating and construction differential subsidies, vessel construction loan guarantee programs and whether to retaliate against foreign countries' attempts to reserve import and export trades …

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The Adjustment Of Taiwan, Roc, Fisheries To Coordinate With The Extending National Fisheries Jurisdiction, Teh-Yung Chan May 1989

The Adjustment Of Taiwan, Roc, Fisheries To Coordinate With The Extending National Fisheries Jurisdiction, Teh-Yung Chan

Marine Affairs Theses and Major Papers

The establishment by coastal states of 12-mile territorial seas and 200-mile EEZs or fisheries Conservation Zones (FCZs) has resulted in tremendous impacts on Taiwan inshore fisheries and distant-water fisheries. The ROC has to adjust its approach to fisheries in the face of the new international fisheries challenge. Through the adjusted measures, it has successfully achieved increases in her fisheries production in recent years. The purpose of this study is to examine the problems that have occurred or may occur to the Taiwan ROC fisheries industry as a consequence of the establishment of national EEZs. An area of particular concern to …

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The United Nations Convention On The Law Of The Sea, And Canadian Official Development Assistance, Lennox O'Riley Hinds May 1989

The United Nations Convention On The Law Of The Sea, And Canadian Official Development Assistance, Lennox O'Riley Hinds

Marine Affairs Theses and Major Papers

The purpose of this paper is to examine the needs of developing states created by the 1982 U.N. Convention on the Law of the Sea and the capability of the above cited Canadian aid agencies to provide needed assistance. To achieve the above objective the articles of the Third Convention of the Law of the Sea will be analyzed to establish requirements that coastal states must satisfy when the convention comes into force. Next, the mandates, policies, and programs of the aforementioned agencies will be examined to ascertain their potential to assist developing countries meet their obligations under UNCLOS III. …

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Protecting United States Interests In Antarctica, Ronald W. Scott May 1989

Protecting United States Interests In Antarctica, Ronald W. Scott

San Diego Law Review

Part I of this article presents an overview of the physical features and resources of Antarctica and the Southern Ocean. Next, the article explains the history of the diverse claims and interests in Antarctic territory, with particular emphasis on the United States' activities. Aspects of the Antarctic Treaty regime are then explored, especially management of living resources and potential exploration and exploitation of hydrocarbon and mineral resources. The article points out past weaknesses in United States' Antarctic policymaking. Recommendations include a broader role for the Department of Defense in areas such as safety and security, and resolution among Antarctic Treaty …

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Weaver V. Bishop And Negligence: A Path Toward Clearing The Muddy Water, John H. Abbott May 1989

Weaver V. Bishop And Negligence: A Path Toward Clearing The Muddy Water, John H. Abbott

San Diego Law Review

In Weaver v. Bishop, the California Appellate Court affirmed the trial court's adoption of the "reasonable use" doctrine in regards to the law governing the obstruction or diversion of waters. The Weaver decision indicates that California courts have finally begun to apply a consistent legal doctrine to damages claims resulting from water obstruction. This Note applauds the Weaver decision as an affirmation of the negligence (reasonable use) standard in the place of traditional water classifications and legal doctrines the author finds outdated. It concludes by calling the California Supreme Court or the Legislature to abolish the old rules and apply …

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Pondering The Scope Of Premises Search Warrants After Ybarra V. Illinois, Jeffrey D. Winter May 1989

Pondering The Scope Of Premises Search Warrants After Ybarra V. Illinois, Jeffrey D. Winter

San Diego Law Review

The problem of isolating the person from the place in a premise search has always been vexing. The Supreme Court has rejected the notion that people are safe from searches only in certain "constitutionally protected areas," and has advanced to the doctrine of "reasonable expectation of privacy." Some cases have added a new twist to this theory by considering the expectation of privacy and probable cause to search in terms of a person's relationship to the place being searched. This Comment will attempt to analyze these cases in the framework provided by the United States Supreme Court in Ybarra v. …

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Matek V. Murat: Back To Terms Of Agreement, Jeffrey D. Winter May 1989

Matek V. Murat: Back To Terms Of Agreement, Jeffrey D. Winter

San Diego Law Review

In Matek v. Murat, the Ninth Circuit Court of Appeals ruled that the question of whether an interest in a general partnership amounts to a "security" should be determined only the legal effect of the agreement between the parties. The decision came at a time when the definition of "security" was expanding to include diverse economic entities. The effect of the decision was to consolidate, rather than expand, the scope of security regulation. This Note analyzes Matek in light of previous decisions from other circuits. The analysis applauds the Matek decision for effectively reducing unwarranted claims, and yet remaining faithful …

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Solutions In The Convention On The Law Of The Sea To The Problem Of Overfishing In The Central Bering Sea: Analysis Of The Convention, Highlighting The Provisions Concerning Fisheries And Enclosed And Semi-Enclosed Seas, Lourene Miovski May 1989

Solutions In The Convention On The Law Of The Sea To The Problem Of Overfishing In The Central Bering Sea: Analysis Of The Convention, Highlighting The Provisions Concerning Fisheries And Enclosed And Semi-Enclosed Seas, Lourene Miovski

San Diego Law Review

In this Article, Ms. Miovski analyzes the justification, under the Convention on the Law of the Sea, for various types of fishery management control over the Central Bering Sea and the interrelationship of the freedoms, rights, duties, and interests recognized in the Convention. A number of theories are advanced to support various types of control under the Convention. After evaluating the various theories, the author considers the dispute resolution mechanisms available under the Convention as well as methods of enforcement. Finally, states' freedoms, rights, duties, and interests, recognized under the various CLOS articles and theories, are summarized. In conclusion, the …

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