Law of the Sea Commons^™

The Law Of The Sea After Montego Bay, Bernardo Zuleta

San Diego Law Review

In his introduction, Mr. Zuleta provides a background of the issues surrounding the signing of the recent United Nations Convention on the Law of the Sea, the development of the Preparatory Commission, and the role that the United Nations plays as a forum for the negotiation of complex issues.

Maritime Insurgency And The Law Of The Sea: An Analysis Using The Doctrine Of Distress, Grand Richard Telfer

San Diego Law Review

This Comment examines the international legal implications of an insurgent warship operating on the high seas. The author specifically addresses the rights of insurgents to conduct maritime operations and the right of third States to deny use of the high seas to these insurgents. The author argues that these claims may be provided an adequate forum under the doctrine of distress, or force majeure. The author examines potential arguments that an insurgent warship is a private vessel, and is stateless, but concludes that an insurgent is neither. The author further concludes that an insurgent warship is not generally subject to …

The Law Of The Sea: International Law Implications Of The U.S. Refusal To Sign The Treaty, Richard D. Coogan

Marine Affairs Theses and Major Papers

This study is undertaken to show the impact of the international law aspects of the Law of the Sea Treaty as they relate to the U.S. failure to sign the Treaty. The U.S. has embarked on a course of action, by its refusal to sign the Treaty, that can have major impact on day-to-day national policy issues as they relate to international law governing a state's behavior. The U.S., in refusing to sign the Treaty because of the deep seabed provisions, and yet claiming other provisions as reflecting customary law, is probably correct as viewed in today's realities.

Impact Of The Law Of The Sea Treaty On The Soviet Fishing Industry, Gary Lee Roemmich

Marine Affairs Theses and Major Papers

The signing of the United Nations Conference on the Law of the Sea (UNCLOS) Treaty was the maturation of an idea that was born thirty-six years ago. That treaty placed into effect the 200 mile exclusive economic zone (EEZ). A universal 200 mile EEZ could be a death knell for the high-seas fishing fleets we know today as the majority of the major fishing grounds lie within 200 miles of the coast. The Soviet Union presently has the largest fishing fleet in the world and will perhaps feel the largest impact from the treaty signing. This paper intends to evaluate …

Offshore Jurisdiction And Federal-State Relations: The 12 Nautical Mile Territorial Sea And The Tidelands Controversy, Jeremy D. Wiese

Marine Affairs Theses and Major Papers

Recently, after several decades of negotiations, the United States, acting through the President, opted not to sign the United Nations Law of the Sea Treaty. In the aftermath of this decision those individuals involved with marine affairs are beginning to examine the Treaty's separate provisions to ascertain those which the U.S. may embrace under the auspices of customary international law. To date, this examination has led to a Presidential Proclamation generating an Exclusive Economic Zone for the U.S. Jurisdictionally, the next logical step would be U.S. adoption of the 12 nautical mile limit for its territorial sea. Indeed, movement in …

The Contours Of Extraterritorial Jurisdiction In Drug Smuggling Cases, Stephen E. Chelberg

Michigan Journal of International Law

This note examines the contours of U.S. jurisdiction over drug smugglers on the high seas. After a brief discussion of the two principal U.S. drug statutes, the note considers the territorial and protective principles of jurisdiction as defined by U.S. courts. Controversy currently centers around whether U.S. drug laws apply to foreign ships, carrying controlled substances on the high seas, where there has been no showing of an intent to import the drugs into the United States.

Comment, Bernard H. Oxman

Articles

No abstract provided.

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

EMPLOYEE WHO SPENDS "SOME PORTION OF WORK TIME IN MARITIME ACTIVITIES" IS AN "EMPLOYEE" COVERED BY THE LONGSHOREMEN'S AND WORKERS' COMPENSATION ACT-Schwabenland v.Sanger Boats, 683 F.2d 309 (9th Cir. 1982)

UNITED STATES CARRIAGE OF GOODS BY SEA ACT EXEMPTS DEFENDANT FROM LIABILITY FOR SHIP DAMAGE INCURRED WHILE DISCHARGING CARGO--Seven Seas Transportation Ltd. v. Pacifico Union Marina Corp. [1982] 2 Lloyd's L.R. 465

IMMIGRATION AND NATURALIZATION SERVICE DISTRICT DIRECTOR IS ENTITLED TO BROAD DISCRETION IN WEIGHING CRITERIA FOR PAROLE DETERMINATION OF UNADMITTED ALIENS--Bertrand v. Sava,684 F.2d 204 (2d Cir. 1982)

THE RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT DOES NOT APPLY TO …

The South Pacific Islands: Economic, Political And Legal Interactions, Vinson F. Jamir

LLM Theses and Essays

This thesis seeks to demonstrate that Oceania is strategically, socially and politically important to the development of the Pacific Basin and that historical facts clearly evidence this importance. The United States, an undoubted principal actor in Pacific Basin Affairs, has been extremely solicitous of Oceania. This deference is a clear illustration of Oceania's long-term importance to the development of the larger Pacific Basin region.

A subsidiary objective of this thesis is to analyze the facts of the U.S.-Oceania relationship in the context of each side's evolving interests in order to develop several recommendations for future development of that relationship and …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

APPLICATION OF UNITED STATES LAW TO A FOREIGN SEAMAN'S SUIT DEPENDS UPON THE SUBSTANTIALITY OF THE FOREIGN DEFENDANT'S CONTACTS WITH THE UNITED STATES--Szumlicz v. Norwegian America Line, Inc., 698 F.2d 1192 (11th Cir. 1983).

RECOVERY PURSUANT TO THE FISHERMEN'S PROTECTIVE ACT FOR LOSSES RESULTING FROM SEIZURE OF VESSLS FISHING IN DISPUTED WATERS Is NOT LIMITED TO CITIZENS AND RESIDENT ALIENS OF THE UNITED STATES-CrUZ V. Zapata Ocean Resources, Inc., 695 F.2d 428 (9th Cir. 1982).

UNITED STATES SUPPORT OF CANADIAN SEARCH OF UNITED STATES VESSEL ON THE HIGH SEAS DID NOT VIOLATE DEFENDANT'S FOURTH AMENDMENT RIGHTS--United States v. Hensel, 699 …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Casebook on Carriage by Sea.

By E.R. Hardy Ivamy

London: Lloyd's of London Press, 1982. Pp. xxxix, 203. £11.50.

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Casebook on Shipping Law

By E.R. Hardy Ivamy

London: Lloyd's of London Press, 1982. Pp. xxx, 205. £11.50.

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Regional Development Agencies in Europe

Edited by Douglas Yuill

Hampshire, England: Gower, 1982. Pp. vii, 449.$44.50.

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United States Trade Policy Legislation: A Canadian View

By Rodney de C. Grey

Montreal: The Institute for Research on Public Policy, 1982. Pp. xvii, 130. $7.95.

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Transfer of Technology: U.S. Multinationals and Eastern Europe

By Marilyn L. Liebrenz

New York: Praeger Publishers, 1982. …

Comparison Of The U.S.S.R. And United States On The Territorial Sea, Exclusive Economic Zone, And Strait Issues, Erik Franckx

LLM Theses and Essays

This thesis compares the positions of the United States and the Soviet Union on the territorial sea, exclusive economic zone, and straits.

Interest Analysis And Maritime Choice Of Law: Phillips V. Amoco Trinidad Oil Co., Douglas H. Stein

University of Miami Inter-American Law Review

No abstract provided.

Onshore And Offshore Solutions To The Nonfuel Minerals Shortage, G. Kevin Jones

BYU Law Review

No abstract provided.

Seafarers And International Shipping Standards, Richard David Poisson

Marine Affairs Theses and Major Papers

Merchant seafaring, as the subject of modern research and study, is a profession that has not received an undue amount of attention or attraction. The modern seafarer thus remains a 20th century enigma. Of particular concern here will be the international standards of employment, particularly as they are implemented under circumstances of open-registry shipping where their enforcement is commonly called into question. Thus this study will present some of the debate surrounding the issue of conditions of employment aboard open-registry ships, indicating to what extent, if any, seafarers are adversely affected. This study is further intended to indicate the degree …

Safe Port And Berth Provisions In Time Charter Agreements: Apportioning Liability To Deter Accidents And Minimize Costs, Steven M. Rubin

University of Miami Law Review

This article surveys the safe port and berth provisions that typically are found in charter party agreements. The author argues that courts and arbitrators often interpret these provisions unpredictably and inconsistently, creating uncertainty in maritime transactions. The author concludes by proposing a solution to this problem and offers a model safe berth provision that the parties to a charter should incorporate into their agreement.

Preface

San Diego Law Review

No abstract provided.

Introduction: On Evaluating The Draft Convention On The Law Of The Sea, Bernard H. Oxman

San Diego Law Review

The Author presents an introduction to the issues presented in the following articles, which discuss the Reagan administration's decision to review the Draft Convention on the Law of the Sea.

Unclos Iii: A Flawed Treaty, Doug Bandow

San Diego Law Review

In this Article, the author argues that UNCLOS III is a fatally flawed document that is inimical to the interests of the United States. He argues that the proposed seabed provisions violate philosophical, as well as practical interests, and legitimizes principles that would have an adverse impact on future international negotiations. The author proposes several amendments to the Draft Convention, and argues that only a treaty which recognizes that free market seabed mining and commercial exchange exploit no one will increase the prospects for free exchange, free trade, economic prosperity, and even world peace.

"Common Heritage" V." Freedom Of The High Seas": Which Governs The Seabed?, Jon Van Dyke, Christopher Yuen

San Diego Law Review

This Article reviews the positions currently articulated by the United States with respect to UNCLOS III in light of earlier negotiations, previous positions taken by the U.S., logical problems with the U.S. position, and the practical difficulties that would be faced if entrepreneurs based in the U.S. attempted to mine without the protection of an internationally-agreed-upon regime. The authors conclude that the U.S. is legally wrong in asserting that seabed mining is a freedom of the high seas and is unwise as a matter of policy in thinking that U.S. corporations could profitably mine seabed resources outside of an international …

Law Of The Sea: Navigation And Other Traditional National Security Considerations, Elliott L. Richardson

San Diego Law Review

This Article compares the existing law of the sea and the United National Draft Convention on the Law of the Sea as they relate to navigation and other national security considerations. The author argues that existing law is unclear and unsupported by a global consensus and that, without consensus, deployment of naval and air forces will conflict with States' claims of jurisdiction involving territorial seas and economic zones. The author concludes that the Draft Convention provides for essential navigational and other security rights, represents an improvement over existing law, and, upon coming into force, will create a widely accepted system …

The Dispute Settlement Provisions Of The Convention On The Law Of The Sea: Critique And Alternatives To The International Tribunal For The Law Of The Sea, Marianne P. Gaertner

San Diego Law Review

This Article examines and critiques the dispute resolution provisions of the Convention of the Law of the Sea and concludes that they reflect an inequitable bias in favor of the Group of 77. The author argues that, while useful, these provisions do not present a significant advance over the present system of international law. The author examines alternative to the provisions adopted in the Convention and suggests either potential changes to the International Court of Justice or the creation of a similar tribunal as means to resolve the dispute settlement procedure's inherent difficulties.

The U.S. Deep Seabed Mining Regulations: The Legal Basis For An Alternative Regime, Michael R. Molitor

San Diego Law Review

This Article examines the jurisdictional limitations established by United States deep seabed mining legislation. The author argues that by incorporating the ambiguous jurisdictional language of earlier international agreements into domestic legislation, the drafters have missed the opportunity to expand the United States' unrestricted access to deep seabed hard minerals. The author proposes that the promotion of continued development of deep seabed mining technology can be achieved through the legislative enactment of an Exclusive Economic Zone, which would place portions of the deep seabed, that would have otherwise have been excluded, under national jurisdiction.

Recent Developments In The Law Of The Sea 1980-1981, Bernice R. Klied

San Diego Law Review

This Synopsis highlights the major developments that occurred between December 1980 and December 1981 in the law of the sea. It concentrates on the two meetings of the tenth session of the Third United Nations Conference on the Law of the Sea (UNCLOS III), and discusses significant events that occurred outside the UNCLOS III.

Law Of The Sea: Expression Of Solidarity, Milner S. Ball

San Diego Law Review

In this Article, the author argues that the Third United Nations Convention on the Law of the Sea serves as a medium for transcultural negotiation of meaning. The author further argues that, even if it produced no treaty or merely legitimates the division of most of the ocean, UNCLOS III will have renewed the hope for the expression of human solidarity and a correspondent commonality of the seas.

The Future Of The United States Deep Seabed Mining: Still In The Hands Of Congress, Roger A. Geddes

San Diego Law Review

This Comment analyzes the present dilemma of the United States ocean mining industry. The author reviews the detrimental effects of a forthcoming Law of the Sea treaty on the ocean mining industry and discusses the inadequacy of the protections offered by Congress against these effects. The author further stresses the economic and political importance of deep seabed mining to the United States and concludes by suggesting that Congress provide further incentive for U.S. industry to proceed with ocean mining.

Proof Of Offshore Territorial Claims In Canada, Lawrence L. Herman

Dalhousie Law Journal

The territorial sea of Canada consists of a 12-mile belt of maritime space extending seaward from the Canadian maritime coastline. I By virtue of international law, this 12-mile maritime belt is considered to be part of the territorial domain of the littoral state.2 As a consequence, the legal limits of Canadian territory extend beyond the low water line along the coasts of Canada to include the area of the 12-mile territorial sea.

The Role Of The Oau Member States In The Evolution Of The Concept Of The Exclusive Economic Zone In The Law Of The Sea: The First Phase, C. Odidi Okidi

Dalhousie Law Journal

One of the main features of the Third United Nations Conference on the Law of the Sea (UNCLOS III) is the role played by the different regional and/or interest groups in the development of the various provisions of the Draft Convention, albeit "Informal" text, adopted at the end of the Resumed Ninth Session in August 1980.1 The groups, sometimes dictated by geography such as Africa, Asia, Latin America, Western European and Eastern European, are amalgams of various interest groups which embody their own contradictions. For example, Canada and Russia have seen themselves in different categories vis-a-vis other industrialized countries. Countries …

Ecology, Economics, And Law In The Conservation And Management Of Cetaceans, John David Roanowicz

Marine Affairs Theses and Major Papers

No abstract provided.

Introduction: On Evaluating The Draft Convention On The Law Of The Sea, Bernard H. Oxman

Articles

No abstract provided.