Law of the Sea Commons^™

Recent Development, Christopher A. Walker

Vanderbilt Journal of Transnational Law

On February 28, 1985, the United States Environmental Protection Agency (EPA or Agency) proposed rules governing the incineration of liquid organic hazardous wastes at sea. By providing specific criteria governing at-sea incineration' the proposed rules would modify the provisions of the Ocean Dumping regulations. After more than a year of discussions among waste handlers, the EPA, and citizen and environmental groups over the merits and risks of at-sea incineration the EPA promulgated the rules. The EPA's rulemaking process drew an immediate and heated response from the public, and attracted the attention of several Congressional committees. Three years after proposing the …

Fisheries Management And Development In The Eez: The North, South, And Southwest Pacific Experience, William O. Mclean, Sompong Sucharitkul

Journal Articles

The establishment of Exclusive Economic Zones (EEZ's) has generated modifications of existing institutional arrangements and creations of new regional bodies to promote international cooperation in the conservation, management, and development of living resources of the sea. The United Nations Convention on the Law of the Sea (the "Convention") has affected fisheries management by authorizing coastal States to extend their sovereign rights over living and non-living resources seaward up to the outer limits of 200-nautical-mile off-shore areas, measured from their coastlines which could be drawn as straight baselines. On a global basis, the areas within the exclusive economic zones of coastal …

Forward And Preface

International Law Studies

No abstract provided.

The Law Of Piracy: The Origins, Alfred P. Rubin

International Law Studies

No abstract provided.

The Law Of Piracy: The Evolution Of The Concept Of Piracy In England, Alfred P. Rubin

International Law Studies

No abstract provided.

The Law Of Piracy: The United States Of America And The Law Of Piracy, Alfred P. Rubin

International Law Studies

No abstract provided.

The Law Of Piracy: British Practice In The Nineteenth Century, Alfred P. Rubin

International Law Studies

No abstract provided.

The Law Of Piracy: "Piracy" In The Twentieth Century, Alfred P. Rubin

International Law Studies

No abstract provided.

The Law Of Piracy: Appendices, Alfred P. Rubin

International Law Studies

No abstract provided.

The Law Of Piracy: Abbreviations, Alfred P. Rubin

International Law Studies

No abstract provided.

The Law Of Piracy: Bibliography, Alfred P. Rubin

International Law Studies

No abstract provided.

The Law Of Piracy: Index, Alfred P. Rubin

International Law Studies

No abstract provided.

The Law Of Piracy: Table Of Contents, Alfred P. Rubin

International Law Studies

No abstract provided.

Legislation Applying In Somalia Offshore Waters, Sabrie

World Maritime University Dissertations

No abstract provided.

Punitive Damages Under The Carriage Of Goods By Sea Act: A Bulkhead Is Breached—Armada Supply V. S/T Agios Nikolas, 639 F. Supp. 1161 (S.D.N.Y. 1986), David M. Blachman

Washington Law Review

Armada Supply v. SIT Agios Nikolas was described as "no 'run-of-the-mill' cargo case," but rather a case involving "charges of cargo hijacking and blackmail, ransom and deceit—all the elements of a good high seas drama, short of mutiny. The United States District Court for the Southern District of New York, after awarding full compensatory damages, imposed $250,000 in punitive damages against the owners of the vessel because of reprehensible conduct in converting the cargo, and in blackmailing and deceiving the cargo owner. The court awarded punitive damages after it acknowledged that the Carriage of Goods by Sea Act (COGSA) governed …

The 1982 U.N. Convention On The Law Of The Sea: A Midstream Assessment Of The Effectiveness Of Article 309, John King Gamble Jr.

San Diego Law Review

This Article examines the United Nations Convention on the Law of the Sea and the stand that it takes on reservations. The author argues that article 309 prohibits all reservations, while article 310 permits declarations and statements, provided these do not purport to exclude or modify the legal effect of the Convention. The author examines all declarations to determine if the letter and spirit of articles 309 and 310 are being met. The author further offers some observations about the effects of article 309 on participation levels in the treaty.

The Removal Of Offshore Installations And Conflicting Treaty Obligations As A Result Of The Emergence Of The New Law Of The Sea: A Case Study, Paul V. Mcdade

San Diego Law Review

of the sea context can be amended, modified, or terminated in a variety of ways, and that, frequently, the substantive coverage of a new or proposed treaty will overlap the scope of a treaty already in force. The author further argues that states can create divergent practices that create new norms of behavior. The author suggests that the complex manner in which international law evolves can be illustrated by examining the rules regarding the removal of offshore installations, and analyzes the interacting factors that produce binding obligations on states parties by tracing the development of the law governing offshore installation …

Foreword, Elisabeth Mann Borgese

San Diego Law Review

Twenty years have passed since preparation began for the Third United Nations Conference on the Law of the Sea - the longest, largest, and most complex international conference ever held. As regular readers of this journal know, this development was triggered by the now classical address by the Delegate of Malta, Ambassador Arvid Pardo, to the United Nations General Assembly on November 1, 1967.

Recent Developments In The Law Of The Sea 1986, Heidi E. Brown

San Diego Law Review

Nineteen eighty-six witnessed the adoption of "Resolution II" of the United Nations Convention on the Law of the Sea (LOS Convention), dealing with deep seabed mining. While the United Nations General Assembly reaffirmed its support of the LOS Convention, only seven nations ratified or acceded to the Convention in 1986. Some success was seen in fishing treaties and protection of marine mammals. Renewed concern surfaced regarding pollution of our oceans. Lastly, a long-brewing controversy between the United States and Libya erupted into a military confrontation in March, creating the major territorial dispute of 1986.

Sand Rights: Using California's Public Trust Doctrine To Protect Against Coastal Erosion, Michael A. Corfield

San Diego Law Review

This Comment examines the potential use of the public trust doctrine in the context of public beach. The author argues that reduced stream flow has resulted in much less sand being transported to California beaches and that much of the coastline is eroding at an alarming rate. The author further argues that the public trust doctrine provides that the tidelands are held in trust by the state for the benefit of the public, but that most legislation regarding the public trust doctrine has focused on ownership interests in public trust resources. The author suggests a system of public rights to …

The Doctrine Of Ancient Title: Unknown Origins Uncertain Future, Barry Lawrence Ruderman

San Diego Law Review

This Comment examines the nature of state claims that various coastal waters should be classified as the state's internal waters and the recent application by the Supreme Court of the doctrine of ancient title to these claims. The author argues that, while the doctrine of ancient title is the oldest methods of acquiring territory, its introduction into a domestic dispute is controversial, and has significant domestic and international ramifications. The author discusses the origins of ancient title doctrine and its application to such state claims. The author takes issue with the Supreme Court's implicit recognition of ancient title in a …

Marine Pollution: Injury Without A Remedy, M. Casey Jarman

San Diego Law Review

Pollution of coastal and ocean waters is a complex and serious problem. Many contaminants reaching the ocean are harmful to marine organisms. Pollution affects the marine environment at all levels, from marine organisms to human beings. Along with the environment, the economy suffers injury because of damage to food sources. This Article discusses the role of federal courts as a forum for redress of damages suffered from the pollution of coastal and ocean waters. It examines conflicting state and federal common law and statutory remedies for marine pollution. It concludes that in the face of the federal judiciary's retreat, Congress …

The Gulf Of Sidra, Roger Cooling Haerr

San Diego Law Review

This Comment evaluates the validity of the Libyan claim to the Gulf of Sidra in relation to the Law of the Sea Convention. The author analyzes the lawfulness of U.S. naval maneuvers within the Gulf, and then analyzes the resort to the use of force in the settlement of this dispute within the U.N. Charter and customary international law.

The Exclusive Economic Zone: The Impact Of The 1982 Law Of The Sea Treaty On Worldwide U.S. Naval Operations, John C. Meyer

Marine Affairs Theses and Major Papers

The focus of the Third United Nations Conference on the Law of the Sea (UNCLOS III) was on the development of an international legal regime for the peaceful use of the world's oceans. The maritime powers, particularly the United States, viewed this new regime in terms of preserving traditional high seas freedom of navigation and overflight, and limiting expanding coastal state claims over their adjacent water and airspace. Developing countries, emerging from a period of decolonization, sought to enhance their security and gain economic benefit from this new legal regime, through the seaward extension of claims to jurisdiction over what …

Tuna Fishery In The East Central Atlantic Region: The Feasibility Of Nigeria's Participation, Aderemi Olasupo Abioye

Marine Affairs Theses and Major Papers

Tuna fishery is widely practiced in the east central Atlantic region by many fleets of different nationality. Most of the catch is taken by distant-water fleets. The new Law of the Sea convention, which gives coastal states an exclusive economic zone with outer limit of 200 miles, now allows the coastal states to make the most use of the living resources in their waters. The surplus shall be allocated to other states in the region and those traditionally fishing in the area before. Nigeria with a population of about 100 million people spends substantial foreign exchange annually on the importation …

Maritime Boundaries Between Trinidad And Tobago/Venezuela/Barbados And Grenada - Its Impact On Offshore Oil, Patty Marajh

Marine Affairs Theses and Major Papers

The future of the economy of Trinidad and Tobago is heavily dependent upon the exploitation of the hydrocarbon resources in its continental shelf. Trinidad's geographical proximity to the Venezuelan mainland is relevant because both states share the same continental shelf in areas not delimited by the 1942 gulf of Paria Treaty. The continental shelves of Barbados and Grenada also intersect and these areas have not been delimited and defined by any agreement. The current expansion of the exploration and exploitation of crude oil and natural gas have raised several problems within recent years. This thesis will focus attention to the …

The Exclusive Economic Zone-Considerations For Management With Special Reference To Developing Nations, John G. Catena

Marine Affairs Theses and Major Papers

Having successfully initiated and developed the legal aspects of the Exclusive Economic Zone (EEZ) the challenge which now arises for the developing coastal nations is to implement an ocean management system to more fully realize the potential benefits of extended jurisdiction. This study discusses the needs and problems developing nations may encounter in developing such a management system and also considers the ways and means to meet these needs and overcome these problems. The study suggests that coastal nations should adopt an integrated three phased ocean policy process consisting of a (1) priority establishment phase (policy formulation) (2) strategic phase …

The Recovery Of Shipwrecks In International Waters: A Multilateral Solution, Elizabeth Barrowman

Michigan Journal of International Law

This Note will examine the current state of international law concerning property rights to all types of wrecks discovered in international waters. It will show that a multilateral convention is needed to establish an international framework for property rights to shipwrecks of historical and archaeological value, to wrecks of military vessels, and to wrecks of commercial ships such as the Titanic. There may be obstacles to the establishment of a multilateral convention, but the international community must provide certainty to ownership questions, furnish protection for submarine antiquities, and prevent disputes arising from the wrongful salvage of military vessels.

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Neither Private Refugee Assistance Agency Nor its Members have Standing to Contest U.S. Interdiction of Foreign Vessels on High Seas Carrying Undocumented Aliens Haitian Refugee Center v. Gracey, No. 85-5258, slip op. (D.C. Cir. Jan. 9, 1987).

Separation of Citizen Children from Illegal Alien Parents Should be Considered when Determining Extreme Hardship Deportation Proceedings -Cerillo-Perez v. INS, 55 U.S.L.W.2457 (9th Cir. 1987).

California State Court's Exercise of Personal Jurisdiction over Japanese Manufacturer to Indemnify Taiwanese Company is Unreasonable and Unfair in Violation of Due Process. Asahi Metal Industry Co. v. Superior Court of California, 107 S. Ct.1026 (1987).

Nondiscriminatory Ad …

Georges Bank--Common Ground Or Continued Battleground--Comparative Marine Resource Management And Environmental Assessment In The United States And Canada, Donna R. Christie

San Diego Law Review

This Article examines the United States and Canadian legal frameworks for marine resource management in the area of the Bay of Fundy, Gulf of Maine, and Georges Bank. The author argues that, while the controversies between the United States and Canada concerning boundaries, fish, and transboundary environmental effects of energy development have existed for almost two centuries, current environmental problems are straining the relations between the two countries. The author presents a comparative analysis of the environmental assessment and the marine fisheries management and outer continental shelf development regimes of the United States and Canada, addresses the prospects for the …