Law of the Sea Commons^™

Post World War Ii Multilateral Treaty-Making: The Task Of The Third United Nations Law Of The Sea Conference In Perspective, John King Gamble Jr.

San Diego Law Review

This Article examines the potential obstacles that must be overcome before the creation of a global law of the sea treaty. The author argues that, even if the Conference proceeds quickly to approve a text, the treaty may never enter into force, because it will be very difficult and time-consuming for the new treaty to be accepted by a majority of the States in the world. The author reviews the various problems likely to be encountered, including signatures not followed by required ratifications, crippling reservations, and States' reluctance to be party to treaties containing dispute settlement clauses. The author examines …

Toward A Principled Approach To The Distribution Of Global Wealth: An Impartial Solution To The Dispute Over Seabed Manganese Nodules, Frederick Arnold

San Diego Law Review

This Article discusses the major economic and political conflicts that underlie the seabed dispute over the allocation of seabed manganese nodules. The author argues that none of the interests groups have presented a compelling legal position, and urges the conferees to distribute manganese nodules according to a rigorously defined impartial scheme. The author argues that such action will provide the impartial legal precedent urgently required to avoid more serious conflicts over the distribution of global wealth.

Ixtoc I: A Test For The Emerging Concept Of The Patrimonial Sea, Alan T. Leonhard

San Diego Law Review

This Article examines the emergence of the concept of the "patrimonial sea" from the perspective of Latin American jurists who adhere to the tradition of regional particularism in international law, and considers the question of whether the "patrimonial sea" is lex lata or lex ferenda. The author argues that the realities of the development of new laws of the sea at the international and regional levels shattered the ideas that the vastness of the oceans would prevent serious pollution and that the wealth of the seabed is a "common heritage of mankind." The author presents some conclusions concerning liability for …

Offshore Petroleum Exploitation And Environmental Protection: The International And Norwegian Response, Kenneth G. Roberts

San Diego Law Review

This Comment examines the conflicts that often arise between the exploitation of offshore resources and the protection of the environment. The author examines the international legal regime that establishes both jurisdictional rights of exploitation and the coastal States' obligation to mitigate concomitant environmental harms. The author then focuses on a single coastal State, Norway, to study a domestic response to the conflicting needs of offshore exploitation and environmental protection.

Fishery And Economic Zones As Customary International Law, Carolyn Hudson

San Diego Law Review

This Comment examines the unilateral development of fishery or economic zone in the contiguous waters of coastal States, and attempts to address the question of whether, in the absence of a validating global treaty, legal rights and obligations are created in the international community through these claims. The author explores the use of the customary law formation process as an alternative to the creation of international law by convention at the Third United Nations Conference of the Law of the Sea. The author further attempts to define the four elements generally accepted as requisite to the evolution of a usage …

Recent Developments In The Law Of The Sea 1978-1979, Henry Heater, James Mcmullen

San Diego Law Review

This Synopsis highlights major events occurring in the law of the sea between December 1978 and December 1979. It discusses the eighth session of the Third United Nations Conference on the Law of the Sea (UNCLOS III). It also discusses significant events that occurred outside the UNCLOS III.

Global Conservation And Management Of Marine Mammals, James A.R. Nafzinger

San Diego Law Review

This Article examines the potential role that the Third United Nations Law of the Sea Conference has in the development of an ecologically sound global regime to conserve and manage marine mammals. The author first examines the current regime of municipal legislation, nongovernmental programs, bilateral agreements, regional agreements, and limited global authority. The author then discusses the emerging regime under UNCLOS III as an alternative to the present fragmented authority. Proposing greater reliance upon the United Nations framework, the author critiques the relevant provisions of the revised negotiation text, with special attention given to the role of the United States …

Puerto Rico's Political Status And Its Right To A Territorial Sea And Exclusive Economic Zone, Sandra M. Laureano

Marine Affairs Theses and Major Papers

When, in 1973, preliminary seismic studies were made in Puerto Rico, in order to site a nuclear plant, possible hydrocarbon deposits were delineated. This gave rise to the controversy of Puerto Rico's right to its offshore resources. How far out does Puerto Rico's right extend? Puerto Rico's right to a territorial sea and an exclusive economic zone should be defined by international law standards. The controversy, in the context of Puerto Rico's status question, is what this paper is about.

Navies And The Straits Regime, Farid Fiuzi

Marine Affairs Theses and Major Papers

The aim of this paper is to study the potential conflicts surrounding access and mobility of the naval forces through the straits, and look at sea-power implications of eventual solution. All these would be difficult to appreciate if they were to be considered in isolation from the main currents of the Law of the Sea and naval history, and naval strategy.

The Third United Nations Conference On The Law Of The Sea: The Eighth Session (1979), Bernard H. Oxman

Articles

No abstract provided.

International Law Of The Sea A Review Of States' Offshore Claims And Competences, Louis F.E. Goldie

International Law Studies

No abstract provided.

Free Navigation: Examination Of Recent Actions Of The United States Coast Guard, Edward H. Lueckenhoff

Vanderbilt Journal of Transnational Law

The use of aircraft and large, seagoing vessels for smuggling marijuana and other illicit drugs has created a burgeoning problem for United States efforts to control its borders. The use of foreign flag ships as "mother ships" is particularly troublesome. This practice involves foreign flag vessels, often containing several tons of marijuana, that hover in international waters just outside the United States territorial sea. The marijuana is transferred from these mother ships to smaller vessels which then cross into United States waters and distribute the contraband at prearranged points along the coast. The immunities provided by international law for foreign …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Definition of Seaman under the Jones Act Need Not be Restricted to Person Assigned to Only One Vessel

Fourth Amendment Does Not Bar Warrantless Fishing Vessel Searches Authorized by the Fishery Conservation and Management Act of 1976 to Protect Fisheries in the Conservation Zone

Properly Extradited Fugitive Not Entitled to Judicial Hearing Challenging Enlargement of Original Warrant of Surrender

Visa Numbers Wrongfully Charged Against Western Hemisphere Quotas are Reissued According to an Historical Approach Rather than Chronological Order

Payment of Irrevocable Letter of Credit May Not be Enjoined on Grounds of Instability of Foreign Governments

Expropriation of a Contractual Right …

A Maritime Survey For 1970; Seamen, Fishermen, Prospectors: Who Will Own The Oceans?, John D. Hayes

International Law Studies

No abstract provided.

Jurisdiction, Myres S. Mcdougal

International Law Studies

No abstract provided.

The Law Of The Sea Conference: Issues In Current Negotiations, Lewis M. Alexander

International Law Studies

No abstract provided.

Archipelago Concept Of Limits Of Territorial Seas, John R. Brock

International Law Studies

No abstract provided.

Electronic Reconnaissance From The High Seas And International Law, Oliver J. Lissitzyn

International Law Studies

No abstract provided.

Strategic Implications Of Continental Shelves, Jose A. Alvarez

International Law Studies

No abstract provided.

Table Of Contents Volume 61 International Law And An Evolving Ocean Law

International Law Studies

No abstract provided.

The Law Of The High Seas In Time Of Peace, Myers S. Mcdougal

International Law Studies

No abstract provided.

The Possible Effects On Maritime Operations Of Any Future Convention Of The Law Of The Sea, Edward Ashmore

International Law Studies

No abstract provided.

An Inter-American Approach To The Law Of The Sea?, Charles L. Cochran

International Law Studies

No abstract provided.

Freedom Of The Seas, Ephraim P. Holmes

International Law Studies

No abstract provided.

New Issues And New Interest In The Law Of The Sea, Joseph B. Mcdevitt

International Law Studies

No abstract provided.

Current International Law Problems Of The Navy, Joseph B. Mcdevitt

International Law Studies

No abstract provided.

Towards A New Order Of U.S. Maritime Policy, Geoffrey Kemp, Harlan K. Ullman

International Law Studies

No abstract provided.

Special Aspects Of Jurisdiction At Sea, Wilfred A. Hearn

International Law Studies

No abstract provided.

Jurisdiction, Philip C. Jessup

International Law Studies

No abstract provided.

Special Aspects Of Jurisdiction At Sea, Brunson Macchesney

International Law Studies

No abstract provided.