Law of the Sea Commons^™

Naval Missions And The Law Of The Sea, Mark W. Janis

San Diego Law Review

Since both SSBN operations and distant-water activities depend upon the right to navigate outside internal and territorial waters, it might be expected that the naval interests of the United States, the Soviet Union, Great Britain, and France would tend to favor traditional high seas freedoms. It is, in fact, commonly assumed that free transit through international straits and the preservation of liberal navigation rights outside a 12-mile territorial sea would be to the advantage of the four major navies. It is generally true that the naval operations of the four countries are facilitated by transit rights through straits and navigation …

Some Thoughts On National Ocean Policy: The Critical Issue, Don Walsh

San Diego Law Review

The question of whether or not the United States has an operative, deliberate national ocean policy is generating increasing concern among statesmen, scholars, and others concerned with out future role in the uses of ocean space. In short, does this nation conduct its ocean affairs with the same planning and deliberation as its foreign affairs? While many believe this nation has a perfectly adequate national ocean policy, it is the basic proposition of this Article, that, in fact, this is not the case and what passes for national ocean policy is actually a rather uncoordinated grouping of special interests competing …

Recent Developments In The Law Of The Sea: Synopsis, Robert G. Pickering, William W. Taylor

San Diego Law Review

As part of its annual symposium on the law of the sea, the San Diego Law Review compiles a summary of significant recent developments in the field. This seventh annual synopsis reports major events which occurred between January 1, 1975, and December 31, 1975. Scope, format, and approach are substantially as employed in the past; a minor change is the extended use of footnotes, including citations to newspapers.

The Roles Of Regional Law Of The Sea, Mark W. Janis

San Diego Law Review

This Article draws together the record of regional law of the sea from recent regional developments, scholarly studies and recommendations, and the law of the sea debate. It analyzes the different roles which regional law of the sea might play and has played. It evaluates the prospects for regional law of the sea in different geographical areas and speculates about the contributions which regional law of the sea might make to the unfolding legal order of the oceans.

Recent Developments In The Law Of The Sea: A Synopsis, Robert Armstrong, William Franz, Webster Kinnaird

San Diego Law Review

Each year, as an integral part of its symposium on the law of the sea, the San Diego Law Review presents a synopsis of the major events in the field. This year's precis covers the period from January 1, 1974 to December 31, 1974. The scope of the article prohibits extended scrutiny of the subject matter. However, the manner in which it is presented exposes the reader to a broad spectrum of recent events and allows familiarization with increasingly important facets of a rapidly expanding area. As an added ingredient, this year's synopsis contains coverage of the United Nations Conference …

The Exclusive Economic Zone - The Elusive Consensus, Duke E. Pollard

San Diego Law Review

Despite bold assertions to the contrary the concept of an economic zone of exclusive coastal State jurisdiction is not unknown to modern international law of the sea. What is new is the choice of terminology employed to describe the concept and its identification with the countries of the Third World. As with the development of other norms relating to State interaction in ocean space, the concept of the exclusive economic zone reflects the "interplay of economic, political and strategic interests which characterizes the problems of the law of the sea in the twentieth century."

The Enforcement Of Marine Pollution Regulations, A. V. Lowe

San Diego Law Review

The achievement of effective control over marine pollution depends upon agreement both on adequate anti-pollution regulations in matters such as hull design, manning requirements and permissible discharge rates, as well as agreement on an effective enforcement procedure. A major area of disagreement concerns the body which should be responsible for prescribing the appropriate standards — the alternatives being basically either individually, by coastal States, or an international agency. This article will review the present position under customary international law and under the conventions dealing with pollution, and then examine the three main trends which appeared during the 1974 United Nations …

The Fisheries Proposals: An Assessment, Channing Kury

San Diego Law Review

Several major proposals for the regulation or division of the international fisheries were made at the Law of the Sea Conference at Caracas, Venezuela in 1974. Law is typically evolved through controversy with many inherent limitations and costs. There will not be, in fact cannot be, an optimal body of law for the utilization of the sea. What can be hoped for, though, is a corpus juris that will be responsive to natural and societal limitations and demands. It is chiefly with this criterion in mind that the following assessment has been made of some of the fisheries proposals.

A Funny Thing Happened To The Common Heritage On The Way To The Sea, Aaron L. Danzig

San Diego Law Review

In December 1970, with no dissenting votes, the United Nations General Assembly declared that the resources of the sea bed beyond national jurisdiction are the common heritage of mankind. We dreamed of pooling these resources for the service of mankind, and they include an estimated 2.25 trillion barrels of oil (possibly amounting to half of the total world reserves) and enough nodules containing manganese, cobalt, copper and nickel to supply the world for thousands of years. In 1970, after several years of preliminary backing and filling, the United Nations decided to call a world conference, generally known as the Law …

Where Are We On The Law Of The Sea?, Robert B. Krueger

San Diego Law Review

For some time there has been a consensus that the old rules for the oceans are inadequate. They do not adequately protect the world's fish supply. For example, Japan, the Soviet Union and other nations with large foreign fishing fleets conduct massive sweeps through the coastal waters of other countries, including the United States, and cause grave damage to their stocks. There is overfishing on the high seas. A number of species of whales are threatened with extinction. Rules for conservation are obviously needed.

A Regime For Archipelagos, Ralph Fink Iii

Marine Affairs Theses and Major Papers

An analysis of the development of international law in the case of island States. The rights of these States to establish special juridical arrangements for their adjacent waters, and the effects of these decisions on other nations form the central theme. Any attempt at combining all the issues at stake into a single principle by LOS III appears doomed to failure. Success will be achieved by agreement on the separate issues and as a result of other actions not directly related to the problem of archipelagic States.

The Third United Nations Conference On The Law Of The Sea: The 1975 Geneva Session, John R. Stevenson, Bernard Oxman

Articles

No abstract provided.

The Third United Nations Conference On The Law Of The Sea: The 1974 Caracas Session, John R. Stevenson, Bernard Oxman

Articles

No abstract provided.

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

ABSTRACTION AND USE OF WATER: A COMPARISON OF LEGAL REGIMES By Ludwik A. Teclaff

New York, United Nations Publications,1972. Pp. iv, 254. $5.50.

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CONSULATE OF THE SEA AND RELATED DOCUMENTS

By Stanley S. Jados

University, Alabama: The University of Alabama Press,1975. Pp. xvi, 326. $12.00

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FOOTSTEPS INTO THE FUTURE

by Rajni Kothari

New York: The Free Press, 1974. Pp. xxiii, 173. $8.95.

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THE FUTURE OF INTERNATIONAL FISHERIES MANAGEMENT

Edited by H. Gary Knight

St. Paul, Minnesota: West Publishing Co., 1975.Pp. xiii, 253. $14.00.

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THE ILLEGAL DIVERSION OF AIRCRAFT AND INTERNATIONAL LAW

By Edward McWhinney

Leiden: A.W. …

Limitation Of Liability Versus Direct Action Statutes, H. Barton Williams

Vanderbilt Journal of Transnational Law

The legislative history of the maritime limitation of liability statutes, both in the United States and in England, is uncomplicated. The original sources are available, and in several important opinions, the Supreme Court of the United States has set forth the history of the limitation statutes. Limitation of liability to the value of the owner's interest in the vessel and freight is a principle that springs solely from the general maritime law, and was not recognized either at common law or by the civil law.

It is difficult, if not impossible, to say when and where the idea of limitation …

International Straits, Global Communications, And The Evolving Law Of The Sea, W. George Grandison, Virginia J. Meyer

Vanderbilt Journal of Transnational Law

In the continuing law of the sea negotiations, strong support has developed among a majority of states for the extension of territorial seas to twelve miles. In the absence of other provisions, codification of this extension in a new law of the sea treaty will cause over 100 straits, including many of the most heavily traveled and strategically important, to be overlapped by the territorial sea. Because this will alter the pattern of international legal norms that has preserved freedom of navigation and overflight between ocean areas, considerable controversy has ensued over the question of what legal regime should govern …

From Stockholm To Nairobi To Caracas: Route Toward A New International Law?, Lynton K. Caldwell

IUSTITIA

In the future, as in the past, one function of international law will be to formalize and clarify procedures to deal with emergent problems. The international environmental developments noted in this paper, e.g. global monitoring, supervision of the seabed, protection of endangered species, resource allocation, and many others, will require institutional arrangements differing from those with which nations have had experience. Innovation in legal principles and procedures is an almost certain consequence of such developments. Innovations in principle have been among the more obvious outputs of the international environmental conferences and programs since 1968. As these principles are translated, often …

The European Economic Community: Example Of Regionalization Of The Sea?, B. Deniaux

Marine Affairs Theses and Major Papers

The European Law and power has not such a world-wide application nowadays, and it is rather against the rules created by the old European order that the nations formed during the second part of this century have begun a rebellion process. One can address the following questions: what exactly is nowadays the action of the European Community at sea: is there a common policy of the common Market toward marine related problems? If there is one, what is the actual impact of this policy at the international level, and especially these days, in regards of the Law of the Sea …

The Wealth Of The Oceans And The Law Of The Sea: Some Preliminary Observations, Giulio Pontecorvo, Roger Mesznik

San Diego Law Review

This Article will consider one aspect of the valuation problem. The focus is on the implications of rapid changes in the value of ocean and ocean related resources on social control (management) of ocean activity. Most often, economists, in order to analyze a problem use the concept of equilibrium under static or comparative static conditions. However, it is the dynamics of the rapidly changing (increasing) value of ocean resources that is one of the driving forces behind the rising interest in ocean management programs. Accordingly, these changes will be considered in a dynamic framework with due consideration to the related …

Passage Through International Straits: Free Or Innocent? The Interests At Stake, Frank Nolta

San Diego Law Review

The purpose of this Article is to examine interests involved in the straits question, with emphasis on the interests of the coastal states, and to propose a solution to the conflict. A proposal will be made regarding the question of submerged passage by submarines through international straits. Two assumptions are made. First, the Conference will settle on a territorial sea breadth of twelve miles, and second, that neither group will consider its position on the straits issue so important that it will allow the Conference to fail without making a serious attempt at a compromise.

V.11-3, 1973-74 Masthead

San Diego Law Review

No abstract provided.

Boom, Doom, And Gloom Over The Oceans: The Economic Zone, The Developing Nations, And The Conference On The Law Of The Sea, Elisabeth Mann Borgese

San Diego Law Review

The quest for an international ocean regime came with the discovery of the common heritage of mankind. Science had laid bare the hidden environment of the deep oceans and seabeds; technology had put their riches at man's reach. But the wealth of the oceans was beyond the limits of national sovereignty, beyond the limits of the classical concept of ownership. There was no law, national or international, to regulate their uses, because technical advances had made the old law of the sea obsolete. So Either nations would go out there for a "grab," and, in the process, they would destroy …

The Patrimonial Sea Or Economic Zone Concept, Andres Aguilar M.

San Diego Law Review

On June 20th, 1974, the Third United Nations Conference on the Law of the Sea will open its second session at Caracas, Venezuela, for the purpose of dealing with the substantive work of the Conference, as stipulated in paragraph 4 of resolution 3067 (XXVIII), adopted by the General Assembly of the United Nations on November 16, 1973. It is worth recalling, briefly, that the decision to convene this Conference was adopted by the United Nations General Assembly on December 17, 1970, in resolution 2750 C (XXV), from which it is clearly apparent.

Venezuela's Contribution To The Contemporary Law Of The Sea, Kaldone G. Nweihed

San Diego Law Review

Two discernible instances, separated by a generation and thirty years, affirm Venezuela's major contributions to a long and patient universal legislative process in which custom and convention have alternated with one another to consolidate and emerging public order of the sea: surface, waters, bottom and subsoil. Two main issues, therefore, will be briefly dealt with in this Article. The first concerns the earliest treaty ever concluded between two States to delimit, explore and exploit a submerged area, namely, the Anglo-Venezuelan Gulf of Paria Treaty of 1942; the second brings to a focus the Venezuelan concept of the patrimonial sea, a …

Developing Land-Locked States And The Resources Of The Seabed, Marin Ira Glassner

San Diego Law Review

This Article is an attempt to focus a beam of light on a relatively obscure facet of the seabed question, one which illustrates clearly the validity of Friedmann's thesis. In a comprehensive discussion of the transit trade of developing land-locked states, first written in the Fall of 1967, the present writer raised a question which could not be addressed at the time because it really constituted a separate study. It seems appropriate to pursue the quest for such a formula now.

Economic Aspects Of Fisheries Utilization In The Law Of The Sea Negotiations, Lee G. Anderson

San Diego Law Review

This Article will discuss several of the proposed solutions to the problem of how the distribution of the wealth of the living resources will be affected by the exploitation program in light of their ability to bring about rational economic use of marine fisheries. The success in each case is directly related to preciseness of the definition of property rights. This Article also contains three other short sections that deal with the economic aspects of other issues of international fisheries management. Section II discusses the problem of public goods. For instance, secure property rights notwithstanding, international co-operation in research, and …

Recent Developments In The Law Of The Sea V: A Synopsis, Dennis Greenwald, Robert Iglow, Jack Mann

San Diego Law Review

Each year, as part of the San Diego Law Review's symposium on law of the sea, a student article is dedicated to a synopsis of recent events in the field. The function of such as article is to provide the reader with a broadly circumscribed report of recent developments presented under the topic headings of conservation, fishing, pollution, seabed resources, shipping and sovereignty. This year's compendium covers the period between January 1, 1973 and December 31, 1973. A myriad of sources are represented including the United States Code Congressional and Administrative News, the Environmental Reporter, International Legal Materials, the United …

Toward Peaceful Settlement Of Ocean Space Disputes: A Working Paper, William H. Haubert Ii

San Diego Law Review

In June, 1974, the Third Law of the Sea Conference will convene in Caracas, Venezuela to consider the establishment of an Ocean Regime. Although the ostensible scope of this conference is limited to a regime for the seabed and the subsoil of the ocean floor, a glance at the ancillary matters to be considered reveals that machinery could be established with jurisdiction over all matters related to ocean space (i.e. the water surface, water column, the ocean floor, and the subsoil). Irrespective of the scope of matters encompassed by the proposed regimes, a necessary component of that machinery is a …

The Tuna Example: Is There Hope For International Cooperation?, Andrew D. Rose

San Diego Law Review

A thorough analysis of the Commission, its history, purposes, and ensuing legislation will be presented in order to lay the foundation for a discussion of the problems of the Inter-American Tropical Tuna Commission and some suggestions for solving them.

Foreword, Edmund S. Muskie

San Diego Law Review

This collection of scholarly studies continues the fine tradition of the San Diego Law Review in contributing to our understanding of the Law of the Sea. It is an honor for me to have been given a small part in this endeavor.