Law of the Sea Commons^™

Legal And Diplomatic Developments In The Northwest Atlantic Fisheries, Douglas M. Johnston

Dalhousie Law Journal

Within the astonishingly brief timespan of five or six years, a fundamental change has been wrought in the international law of fisheries. Even to those only fleetingly familiar with current developments in the law of the sea, it is apparent that the establishment of 200-mile fishing zones in many parts of the world must signify a major legal change in the world of fishing. Indeed many of us have already become sufficiently accustomed to the new order that it may be useful to remind ourselves of the old order which has now yielded place to it. The classical approach to …

Potential Conflicts Between A Future Law Of The Sea Treaty And The Fishery Conservation And Management Act Of 1976, Jon L. Jacobson, Douglas G. Cameron

Washington Law Review

No abstract provided.

Enforcement Of The Fishery Conservation And Management Act Of 1976: The Policeman's Lot, Eugene R. Fidell

Washington Law Review

The purposes of this article are to analyze the enforcement provisions of the FCMA, to compare them with the terms of prior United States fisheries legislation, and to consider the probable shape of the enforcement program under the new law. Where appropriate, consideration will be given to parallel foreign developments as well as the possible interaction with the Revised Single Negotiating Text distributed at the end of the New York session of the Third United Nations Conference on the Law of the Sea in May 1976. In several instances, the need for corrective legislation, which is apparently being addressed within …

Kiev And The Montreux Convention: The Aircraft Carrier That Became A Cruiser To Squeeze Through The Turkish Straits, F. David Froman

San Diego Law Review

On July 18, 1976, the 40,000-ton Soviet naval vessel Kiev, sporting a 600-foot flight deck and a complement of helicopters and fixed-wing aircraft, steamed into the Mediterranean after completing its transit of the Turkish Straits. The Montreux Convention, which governs transit of the Turkish Straits, limits the aggregate tonnage of all foreign naval forces in transit through the Straits to 15,000 tons. Only in the case of capital ships does it allow Black Sea powers to exceed this limit. Although the Convention's definition of capital ships includes cruisers, it specifically excludes aircraft carriers. Nevertheless, Instanbul's military port authorities accepted the …

Introduction: Next Steps Toward A Law Of The Sea In The Common Interest, John Norton Moore

San Diego Law Review

This symposium in the San Diego Law Review will appear at an historic point in the development of oceans law. In May 1977, the Third United Nations Conference on the Law of the Sea (UNCLOS) will reconvene for its sixth session. Despite a continuing impasse on deep-seabed mining which developed during the fourth and fifth sessions of the UNCLOS, the sixth session should begin in a climate more favorable to productive negotiations.

Emerging Law Of The Sea: The Economic Zone Dilemma, Thomas A. Clingan Jr.

San Diego Law Review

The concept of the economic zone has its roots in some rather familiar doctrinal soil. Like many other theories of the past, it attempts to accommodate the desires of coastal States to achieve increased competence over adjacent seas for resource management (and other purposes) with the needs of States wishing to keep the seas open for maximum flexible use. This Article will examine the familiar efforts of the past and evaluate the progress of the economic-zone concept in the current law of the sea negotiations.

The Right To A 200-Mile Exclusive Economic Zone Or A Special Fishery Zone, Carl August Fleischer

San Diego Law Review

In this Article I shall first consider the rules contained in the Revised Single Negotiating Text (RSNT) in relation to claims put forward at the UNCLOS and in the actual practice of States. Then I shall view the rules of the RSNT in the light of other sources of international law, in particular the 1974 judgments by the International Court of Justice (ICJ) concerning the fishery limits off Iceland and the trend established by unilateral extensions of several States through national legislation. I shall end with a discussion of the status of the UNCLOS (and in particular of the Single …

The Right Of Entry Into Maritime Ports In International Law, A. V. Lowe

San Diego Law Review

This Article will examine the Aramco arbitration together with the authorities upon which the Tribunal relied. It will also consider other authorities and sources of law which might offer the evidence in support of a right of entry. The second part of the Article will attempt to define a right of entry, and it will discuss the sparse precedents of State practice. It will then review the arguments advanced by publicists concerning the right of entry. Finally a formulation of the current body of law will be attempted, suggesting that no right of entry has been established in customary international …

Seabed Negotiations: The Failure Of United States Policy, Jack N. Barkenbus

San Diego Law Review

The fifth and most recent session of the United Nations Conference on the Law of the Sa (UNCLOS) was, as were previous sessions, unable to produce a solution to the deadlock over deep seabed mining. The tentative steps toward accommodation developed during the fourth UNCLOS session were brushed aside, and polarization again characterized the proceedings. As a result of this stalemate, strong pressure will grow within the United States Congress to abstain from further international negotiations and instead to esbalish a domestic regulatory system for deep-seabed mining.

Unclos Iii: Last Chance For Landlocked States?, Susan Ferguson

San Diego Law Review

UNCLOS III has provided LLS with a unique forum to express their need for enforceable rights to share in the use and exploitation of the ocean. The Conference has declared a policy of treating seabed resources as the heritage of all nations. Nevertheless, it is likely that economic and political pressures will prevent the conference from adopting any provisions which substantially benefit LLS. Parts 2 and 3 of the RSNT, rather than adding to the rights of LLS, continue to endorse the broad authority of coastal States. In fact, the provisions of the EEZ contained in Part 2 represent a …

Hot Pursuit From A Contiguous Fisheries Zone - An Assault On The Freedom Of The High Seas, Eric Allan Sisco

San Diego Law Review

This Comment will demonstrate that the court was incorrect in its interpretation of the Geneva Conventions. The court's interpretation rested on two sources: the history of the Geneva Conventions and the perception of Congress concerning the compatibility of the Bartlett and the Contiguous Fisheries Zone Acts with the Conventions. This Comment will first examine the history of the treaty provisions in question to demonstrate that the parties to the Conventions intended Article 24 to be restrictive. The legislative history of the Bartlett Act and the Contiguous Fisheries Zone Act will then be examined to determine whether the court's holding is …

Recent Developments In The Law Of The Sea 1976-1977, Larry D. Dershem, Scott J. Kaisler

San Diego Law Review

This Article discusses the major developments occurring between January 1, 1976, and March 1, 1977, in this increasingly important area of law. This Article concentrates on the two sessions of the United Nations Conference on Law of the Sea (UNCLOS) and on miscellaneous significant events.

Foreword, Arvid Pardo

San Diego Law Review

The San Diego Law Review is to be congratulated for its ninth annual Law of the Sea (LOS) Symposium. The contents are well written, and all the articles make a significant contribution to the understanding of present and evolving law of the sea.

The New International Economic Order And The Law Of The Sea, Elizabeth Mann Borgese

San Diego Law Review

The interrelationship between the development of the New International Economic Order (NIEO) and the new law of the sea oceans play an important and rapidly expanding role in the economic life of nations, it is impossible to build an NIEO without including the oceans. The principles developed by the Sixth and Seventh Special Sessions of the General Assembly and the Charter of Economic Rights and Duties of States must be applied to States and to the international community in their activities both in the seas and on land, or no NIEO can come into existence.

Afterword: Third United Nations Conference On The Law Of The Sea: Report On The 1976 New York Sessions, John Temple Swing Rapporteur

San Diego Law Review

This is the fourth report of the Subcommittee on International Law and Relations ("Subcommittee") of the Advisory Committee on the Law of the Sea with respect to pending negotiations on Law of the Sea and particularly the Third United Nations Conference on Law of the Sea ("Conference"). This Article briefly reviews the work of the principal Conference committees at the third and fourth substantive sessions of the Conference held in New York from March 14 through May 7, and from August 2 through September 17, 1976, respectively; continues with a discussion of dispute settlement and a brief report on the …

Submerged Passage Through Straits: Interpretations Of The Proposed Law Of The Sea Treaty Text, William T. Burke

Washington Law Review

Among numerous important problems before the Conference, one of the most critical is the right of transit passage through straits, those narrow passageways which would fall within the territorial sea when nations generally agree on a twelve-mile limit. The right of submarines to pass submerged through straits (and of airplanes to overfly) is at the center of the transit passage issue. This is a key issue because the two major naval powers, the United States and the U.S.S.R., insisted early in the Conference's preparatory work on the necessity of an assured right of transit for all vessels and aircraft through …

The Third United Nations Conference On The Law Of The Sea: The 1976 New York Sessions, Bernard H. Oxman

Articles

No abstract provided.

Treasure Salvors, Inc. V. Abandoned Sailing Vessel Believed To Be The Nuestra Sehora De Atocha, 408 F. Supp. 907 (S.D. Fla. 1976), Bruce Mcdonald

Florida State University Law Review

Admiralty- SALVAGE- THE UNITED STATES HAS NOT ASSERTED SOVEREIGN PREROGATIVE OVER ABANDONED PROPERTY ON OUTER CONTINENTAL SHELF.

Third Law Of The Sea Conference: Fishing Rights Of Landlocked States, Tariq Hassan

University of Miami Inter-American Law Review

No abstract provided.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. Admiralty

Employer is liable as a Pro Hac Vice Owner for Negligence of an Employee Engaged in Services other than Stevedoring

Submersible Oil Storage Facility use in Connection with Off-Shore Drilling is Classifiable as a "Vessel" within Provisions of Jones Act and General Maritime Jurisdiction

Exclusive Remedy Provision of the Puerto Rico Workmen's Accident Compensation Act does not apply to a Puerto Rican Citizen Injured outside the Territory of Puerto Rico

Determination of Unseaworthiness caused by Character of a Person Aboard is Limited to Crew Members' Condition

2. Common Market

European Community Directive Requires that in the Event of …

The Law Of The Sea Conference: Dispute Settlement In Perspective, John K. Gamble, Jr.

Vanderbilt Journal of Transnational Law

On March 15, 1976, the Third United Nations Law of the Sea Conference reconvened in New York City. The task of this Conference, drafting a new and comprehensive law of the sea treaty, is enormous. At the very least the new treaty will modify many of the traditional patterns for use and control of hydrospace. There is no doubt that coastal states will achieve the right to exercise control over all resources within 200 nautical miles of their coasts. If this contingency is not implemented by treaty, then it will be reached by unilateral claims to these zones. Agreeing on …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Chile: The Balanced View

Edited by Francisco Orrego Vicuna

Santiago: The University of Chile, 1975. Pp. 298.

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Codification in the Communist World--Symposium in Memory of Zsolt Szirmai Organized by Donald Barry, F.J.M. Feldbrugge & Dominick Lasok

Leiden: A.W. Sijthoff, 1975. Pp. xv, 353. $42.50.

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Crimes against Internationally Protected Persons: Prevention and Punishment

By Louis M. Bloomfield & Gerald F. Fitzgerald.

New York: Praeger Publishers, 1975. Pp. xviii, 272. $16.50.

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Criminal Justice in Eighteenth Century Mexico

By Colin M. MacLachlan

Berkeley: University of California Press, 1974. Pp.viii, 141. $9.00.

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EEC Anti-Trust Law--Principles and Practice

By D. Barounos, …

Foreword, John R. Stevenson

San Diego Law Review

The seventh annual issue of the San Diego Law Review's symposium on the law of the sea is appearing at a particularly timely moment in history?between the first substantive session of the Third Law of the Sea Conference in Caracas in the summer of 1974 and the second substantive session in Geneva in the spring of 1975. Moreover, the articles in this issue afford an excellent basis for understanding the course of the negotiations in Geneva and the problems of governments in reaching an accommodation on the critical issues remaining to be resolved if there is to be a general …

Settlement Of Disputes Arising Out Of The Law Of The Sea Convention, Louis B. Sohn

San Diego Law Review

On the last day of of the Caracas session of the Third Conference on the Law of the Sea a group of States presented a working paper on the settlement of law of the sea disputes. The working paper set out various possible alternatives, together with notes indicating relevant precedents. The hope was expressed that the working paper might serve as a framework for further discussions at the next session of the Conference. Early in its proceedings, the Working Group decided positively that the future Law of the Sea Convention should include effective dispute settlement provisions, which should be contained …

United States And Canadian Policy Processes In Law Of The Sea, Ann L. Hollick

San Diego Law Review

In the years 1958 and 1960, the United States and Canada were among 88 nations engaged in negotiations on the law of the sea. The Third United Nations Conference on the Law of the Sea began in December 1973, met again in Caracas in June-August 1974 and is to continue in 1975. The United States and Canada are among 138 nations taking part in efforts to reach agreement on an international treaty governing the use of an area comprising 70 percent of the earth's surface. In this international lawmaking exercise, the governments of Canada and the U.S. play very active …

The Impact Of The 200-Mile Economic Zone On The Law Of The Sea, Lewis M. Alexander, Robert D. Hodgson

San Diego Law Review

Students of marine affairs can easily trace the evolving process of offshore claims: the expansion of territorial sea breadths in the case of many States to four, six, twelve or even greater mileages; the claims to specialized extra-territorial zones, as for example, customs, fishing, pollution control, and neutrality; the closing off of bays, gulfs, and inter-island waters as part of the national territory; and the extension of national rights over continental shelf reprocession, and terms such as straight baselines, historic bays, and archipelagic waters have become recognized (if sometimes ill-defined) parts of the law of the sea lexicon. Now yet …

Foreword, Carlyle E. Maw

San Diego Law Review

The San Diego Law Review symposium contains some very thoughtful comments with respect to the validity under international law of the mining claim made by Deepsea Ventures, Inc. and the factors affecting United States policy toward negotiations of the regime for highly migratory species, and the effect that a 200-mile economic resource zone could have on the American tuna industry; the complex questions involved in attempting to create a regime for archipelagos consistent with the interests of the world community in protecting freedom of navigation and the development of the doctrine of innocent passage and its effect on the legality …

The International Seabed And The Single Negotiating Text, A. V. Lowe

San Diego Law Review

This Article attempts to outline the events leading up to the submission of Part I of the Informal Single Negotiating Text by the Chairman of Committee I at the end of the Geneva session of the Conference, to examine the contents of that document, and to suggest some of the wider implications of developments regarding the international seabed area.

The Illusory Treasure Of Davy Jones' Locker, Martin Ira Glassner

San Diego Law Review

This proposal, while admittedly inchoate and sketchy, is in keeping with the trends of our times. It would provide both minerals and capital for development. It would preserve State sovereignty while fostering international cooperation. And it would not unduly impede the mining companies which are poised to begin commercial harvesting, but would integrate them into partnership.

The Role Of The Geographically - Disadvantaged States In The Law Of The Sea, Lewis M. Alexander, Robert D. Hodgson

San Diego Law Review

One of the more ambiguous terms to have surfaced in recent law of the sea negotiations is in reference to certain States as being "geographically-disadvantaged." Few criteria have been spelled out for inclusion in such groups, and the only serious suggestions for distinguishing among degrees of disadvantage have been those which tend to put land-locked States in a special category of misfortune. For many years, the plight of the land-locked countries has attracted international attention: witness the 1921 Barcelona Convention, the provisions on their behalf in the 1958 Geneva High Seas convention, and the 1965 UNCTAD Convention on Transit Trade …