Law of the Sea Commons^™

The Law Of The Sea: Alliances And Divisive Issues In International Ocean Negotiations, Judith Tegger Kildow

San Diego Law Review

Throughout history, the oceans have played a major role in geo-politics. nations states have depended on the seas for their economies, for political power and for military effectiveness. The critical importance of the oceans is once again reflected in national and international arenas. Freedom of the seas and resource management for the oceans have become two major issue areas, bringing some nations into conflict while creating new alliances between other states.

International Law And Radioactive Pollution By Ocean Dumping: "With All Their Genius And With All Their Skill…", Jack William Hodges

San Diego Law Review

What are the theories of existing and, if necessary, developing environmental international law of the sea under which these non-signatory nations can be prevented from future radioactive dumping? What international legal controls, outside the Convention, can signatory states avail themselves of to prevent the oceans of the world from becoming dangerously contaminated? These questions provide not only an interesting topic for comment, they represent vital and difficult issues for our future environment and survival. Not only is the introduction of radioactive wastes into the marine environment potentially the most dangerous of all marine pollution, the concomitant task of articulating controlling …

The Two Hundred Mile Economic Zone And Scientific Research, Peter R. Latham

Marine Affairs Theses and Major Papers

Knowledge of the deep ocean floor; continental shelves and margins is basic to many present and future uses of the sea. Such uses include mineral extraction, navigation of surface and subsurface vehicles, construction of structures on the sea bottom and along the margin, and exploitation of living resources of the shelf and of the water column. Uses of the ocean are directly impinged upon by technological changes resulting from research efforts. Applied science is nowhere more visible than in current development of offshore petroleum sources, development of new fisheries and speculation over possibilities for wealth awaiting mankind on the sea …

The Preparations For The Law Of The Sea Conference, John R. Stevenson, Bernard Oxman

Articles

No abstract provided.

Multiple Jurisdiction--Will It Save Or Destroy The Oceans? Political Analysis Of A Legal Problem, Charles F. Doran

Vanderbilt Journal of Transnational Law

The recent trend of claims to the ocean and its riches has led far beyond the liberal twelve nautical mile territorial sea limit that the United States is prepared to recognize. In particular, two documents, the Declaration of Santo Domingo, proposing a "patrimonial sea" of 200 miles, and the draft articles on an "exclusive economic zone" of 200 miles submitted by Kenya, are likely to find much favor at the substantive session of the Third Law of the Sea Conference to be held at Caracas in the summer of 1974. Emerging from conflicts of interest, which have gradually eroded the …

An Historical Review Of Oil Spills Along The Maine Coast 1953-1973, Edward H. Shenton

Maine Collection

An Historical Review of Oil Spills Along the Maine Coast 1953-1973

by Edward H. Shenton

Prepared for The Maine State Planning Office, Coastal Planning Group and The Research Institute of the Gulf of Maine (TRIGOM), August, 1973.

TRIGOM Publication No. 3

Contents: Introduction / A Chronology of Significant Oil Spills / A Summary of Biological Impacts / Spill Statistics / Discussion of Results / Conclusions of the Study / Recommendations for Future Research / Appendices

Foreword, Lee Metcalf

San Diego Law Review

The San Diego Law Review is to be congratulated for its fifth annual Law of the Sea Issue. The timely and well written articles appearing in this and past issues constitute a substantial contribution to contemporary scholarship related to evolving ocean policy. It is a privilege for me to write the introductory note for this outstanding issue.

V.10-3, 1972-73 Masthead

San Diego Law Review

No abstract provided.

United States Oceans Politics, Ann L. Hollick

San Diego Law Review

The current law of the sea debate concerns on the allocation and use of ocean space. This Article discusses the United States seabed policy including territorial, sea, straits, and fisheries by focusing on the participants in policy-making, the National Security Council system, and the President's seabed policy. Diverse national and commercial interests shape the United States' position on these ocean issues. Following this discussion, the Article examines the United Nations Conference on law of the sea in which the domestic and international perspectives are analyzed to determine whether the Conference's Seabed Committee can build a compromise on the seabed resources.

The Ocean Dumping Convention-A Hopeful Beginning, Terry L. Leitzell

San Diego Law Review

The Convention on the Prevention of marine Pollution by Dumping of Wastes and Other Matters deal was negotiated and agreed to during a tumultuous time in environmental matters. The Convention signals the possibility towards effective pollution control. Thus, this Article examines the Convention's history, structure, institutional arrangements, jurisdiction, and amendment procedures illustrate the increased need for international cooperation in environmental law. The Article concludes that the Convention represents international strength, and provides hope for protecting the marine environment.

Recent Developments In The Law Of The Sea Iv: A Synopsis, G. D. Greenblatt, J. R. Miller, A. J. Waldchen

San Diego Law Review

This Article presents an annual synopsis of important events pertaining to the law of the sea which occurred between February 1, 1972, and January 31, 1973. Our major sources of information included the New York Times, the Environmental Reporter, the United States Code Congressional and Administrative News, the Congressional Record, the United Nations Chronicle, and International Legal Materials. It is our hope that the search through a seemingly endless array of indices, newspapers, microfilms, and dusty shelves will prove to be of value. We regret that the synopsis must once again report more problems than solutions, but it is with …

Seamounts And Guyouts: A Unique Resource - The Necessity For Express Recognition In The Formulation Of An International Regime Of The Seabed, S. K. Eaton Jr., Janet Judy

San Diego Law Review

With dwindling natural resources, the international community needs a legal regime to regulate the exploration of seabed resources, notably seamounts and guyouts. This Article evaluates the legal status of seamounts and guyouts under international law with suggestions on the possible uses of these phenomena, while also attempting to formulate and assess a legal regime that properly recognizes the different characteristics of the sea bed from land formations. The geological characteristics of Seamounts and guyouts are important to any legal consideration. Because seamounts and guyouts are underwater mountains formed by volcanic activity, they have many possible uses, such as for research, …

Jurisdictional Problems Created By Artificial Islands, Craig W. Walker

San Diego Law Review

An artificial island is a non-naturally formed, fabricated island created from material dredged from the sea bottom. This Article reviews the growing interest in international law of artificial islands. Artificial islands present three obstacles in international law: jurisdiction, freedom on the high seas, and construction on the continental shelf. The jurisdictional basis over artificial islands can be examined under existing concepts of international law, such as the legal vacuum theory and a contiguous zone basis for jurisdiction. This article concludes by proposing a legal regime for artificial islands under an exclusive coastal State authority.

The Law To Govern Deepsea Mining Until Superseded By International Agreement, John G. Laylin

San Diego Law Review

Presently, no international law exists to limit recovering mineral sources of the seabed beyond coastal state jurisdiction. Bills directed at regulating deep seabed mining, through international reciprocity, by U.S. companies have been introduced in both the Senate and the House of Representatives. This Article reviews pending legislation and comparable statutes proposed abroad and suggests the enactment of interim legislation, while at the same time responding to Professor Knight's assertions in his Article, The Deep Seabed Hard Mineral Resources Act A Negative View. This Article concludes that international legislation would help, rather than hurt, the United States.

The Deep Seabed Hard Mineral Resources Act-A Negative View, H. Gary Knight

San Diego Law Review

In opposition to Professor Laylin, this Article questions whether the United States should take unilateral action or attempt to secure an international agreement during the Third United Nations Conference. This Article contends that the Deep Seabed Hard Mineral Resources Act is inconsistent with the United States' present ocean policy, will have an adverse effect on current law of the sea negotiations, and contravenes international expectations as evidenced by the resolutions of the United Nations' General Assembly. Because the Deep Seabed Hard Mineral Resources Act does not adequately serve the U.S.'s resource management interests, this Article concludes that an international approach …

High Seas Intervention: Parameters Of Unilateral Action, R. Palmer Cundick

San Diego Law Review

As the law of the sea flourishes into an area ripe with legal conflict, the question of oil spill pollution and liability looms large. Shipping oil involves international business, with great potential fall-out. This Article reviews the unilateral and multilateral action taken by coastal nations, with much focus on intervention trends in international ocean policy. The claimants, claims, and objectives of intervention cannot be appraised without reviewing the customary and convention rights created under international law. Under customary international law, the right of intervention in international waters was primarily shaped through two incidents: the bombing of the Torrey Canyon and …

A Harbinger: The Senkaku Islands, Thomas R. Ragland

San Diego Law Review

This Article analyzes the Senkaku Island dispute between China and Japan, which raises questions over sovereignty and control over the natural resources of the islands, most importantly petroleum. This dispute illustrates the difficulty of allocating ocean resources among competing sovereignties according to existing international. The North Sea Cases, including the International Court of Justice's decision, are analyzed to demonstrate the difficulty of allocating any ocean resources. The dispute is further compounded by the interests of the petroleum industry and the proposed draft of the Nixon Treaty. This Article concludes by recommending a trusteeship concept allowing interested parties to derive mutual …

The Impact Of Moragne V. States Marine Lines, Inc., On General Maritime Law, Richard K. Foster

North Carolina Central Law Review

No abstract provided.

Offshore Oil Interests Of The United States: An Overview, Scott H. Marstan

Marine Affairs Theses and Major Papers

The following discussion focuses on the current situation as regards U.S. oil interests worldwide offshore. It divides into three general areas: 1) a general view of the scope of the U.S. oil companies' investments offshore, foreign and domestic, 2) an analysis of the recent rise to power of the Organization of Petroleum Exporting Countries (OPEC) and the ensuing problems created for U.S. oil investments abroad, and 3) a brief history and a discussion of U.S. oil interests in the law of the sea as an expression of their concern for resolution to OPEC-like problems.

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

AMERICAN LABOR AND THE MULTINATIONAL CORPORATION

Edited by Duane Kujawa

New York: Praeger Publishers, 1973. Pp. xxvii,285. $18.50.

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ASPECTS DU DROIT INTERNATIONAL ECONOMIQUE: ELABORATION CONTROLE--SANCTION.

Societe Francaise pour le Droit International. Paris: A. Pedone, 1972. Pp. 221. n.p. (paper).

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THE BASES OF INTERNATIONAL ORDER

Edited by Alan James

London: Oxford University Press, 1973. Pp. viii, 218 £ 3.50 net.

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CURRENT LEGAL ASPECTS OF DOING BUSINESS IN THE FAR EAST

Edited by Richard C. Allison

Chicago: American Bar Association,1972. Pp. vii, 208. $10.00.

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DOMESTIC TAXATION AND FOREIGN TRADE: THE UNITED STATES-EUROPEAN BORDER TAX DISPUTE

By Michael von …

The Bremen And The Model Choice Of Forum Act, Robert A. Leflar

Vanderbilt Journal of Transnational Law

The Model Choice of Forum Act, promulgated by the National Conference of Commissioners on Uniform State Laws (NCCUSL) in 1968, was designed to set standards for the effectuation of contractual forum-selecting clauses, sometimes called "derogation" or "prorogation" clauses, while restricting their effectiveness to situations in which their operation would be fair to all concerned parties. The Commissioners chose not to draft the statute as a Uniform Act to be recommended for adoption by all the states, but rather as a Model Act setting out sound standards that might be followed not only by states drafting their own statutes on the …

Recent Decisions, Ronald L. Smallwood, Arden J. Lea, William R. Lauer, John R. Meldorf, Annette Adams, Randolph R. Slaton

Vanderbilt Journal of Transnational Law

ADMIRALTY--FLORIDA OIL POLLUTION ACT--STATE OIL POLLUTION REGULATION OF MARITIME Activities Is PERMISSIBLE SO LONG AS THERE Is No FATAL CONFLICT BETWEEN THE STATE LEGISLATION AND FEDERAL MARITIME REGULATORY SCHEMES

Ronald L. Smallwood

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ADMIRALTY--JONES ACT--SHIPOWNER Is NOT A PROPER DEFENDANT IN A SUIT UNDER THE JONES ACT BROUGHT BY EMPLOYEE OF A CONCESSIONAIRE

Arden J. Lea

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ANTITRUST--IMPORT RESTRICTIONS--DIVESTITURE ORDERED TO RESTORE COMPETITION FOLLOWING FINDING OF VIOLATION OF SECTION 7 OF THE CLAYTON ACT MAY BE ACCOMPANIED BY IMPORT RESTRICTIONS WITHOUT BREACH OF GERMAN/AMERICAN TREATY OR GATT PROVISIONS

William R. Lauer

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FOREIGN RELATIONS LAW--STANDING TO SUE--WEIMAR ART COLLECTION DENIED …

The Three Faces Of Zapata: Maritime Law, Federal Common Law, Federal Courts Law, Harold G. Maier

Vanderbilt Journal of Transnational Law

In The Bremen v. Zapata Off-Shore Co., the Supreme Court upheld the selection of a London forum in a towage contract between a German firm and an American firm and dismissed a suit brought in a Florida federal district court whose jurisdiction was otherwise valid. In doing so, the Court stated the rule: "[Forum-selection clauses] are prima facie valid and should be enforced unless enforcement is shown by the resisting party to be 'unreasonable' under the circumstances." The Court qualified the rule by indicating that to be enforceable such clauses must be actually bargained for and agreed to by the …

Oil Pollution Problems Arising Out Of Exploitation Of The Continental Shelf: The Santa Barbara Disaster, David J. Walmsley

San Diego Law Review

In essence, the Santa Barbara disaster is but another example of a phenomenon which affects all life on earth in the twentieth century: environmental pollution wrought by unimpeded, or at best inadequately impeded, technological advancement. If this were all that the disaster entailed, it would merit little more than a footnote or a paragraph in a comprehensive study of the large problem. But, as will be revealed in the pages following, Santa Barbara's problem is unique since it casts into relief a wide spectrum of legal, political, and economic considerations which are in desperate need of examination. As such, it …

V.9-3, 1971-1972 Masthead

San Diego Law Review

No abstract provided.

Foreword: Law Of The Sea Negotiations 1971-1972, H. Gary Knight

San Diego Law Review

This issue contains timely and relevant articles on each of these important subjects - three articles relating to the seabed question, two on fisheries management problems, and one on pollution. In addition to the student contributions in the synopsis of recent developments in the law of the seas, student comments are also directed to three significant aspects of law of the sea issues, viz., the interests of land-locked states, the question of baselines for outlying archipelagos, and marine archaeology.

The Council Of An International Sea-Bed Authority, Louls B. Sohn

San Diego Law Review

It is generally accepted that the international regime for the exploration and exploitation of the sea-bed, to be agreed upon at the 1973 Law of the Sea Conference, will consist of a basic set of rules and of an international machinery for the implementation of these rules. Except for some early proposals limited to a simple secretariat for registering claims, and apart from some recent proposals for an all-embracing international organization dealing with all aspects of the law of the sea, most models of an international sea-bed authority are designed on lines similar to those of the specialized agencies of …

A Second Look At United States Fisheries Management, Thomas A. Clingan Jr.

San Diego Law Review

Once again commercial fishing is the object of intensive study in certain quarters. Now, as in the past, this study is receiving nurture from the on-going negotiations regarding the broader issues of international law of the sea. Necessary to these discussions is the need to consider the issues important to the fishing nations. Further, it is more than likely that fishing rights are so intertwined with other problems, such as the breadth of the territorial sea, the limits of national jurisdiction on the continental shelf, or the appropriate regime for the governance of the seabeds beyond national jurisdiction, that separate …

Bridging The Gap To International Fisheries Agreement: A Guide For Unilateral Action, Jon L. Jacobson

San Diego Law Review

The proposition advanced in this Article is undoubtedly an over-simplification. It could even be unworkable. Yet it is, I think, something that needs to be considered as we approach the scheduled time for the 1973 Conference on the Law of the Sea. The proposition is this: In view of the apparent trend toward overexploitation of certain stocks of the world's commercial fishes, and in light of the proven incapacity of the international community to come to effective agreement on any important topic in anything like a timely fashion, coastal nations ought to be allowed - even, perhaps, encouraged in some …

The Deep Seabed Hard Mineral Resources Bill, F. M. Auburn

San Diego Law Review

On November 2, 1971, Senator Metcalf introduced the Deep Seabed Hard Mineral Resources Bill, drafted by the American Mining Congress. The Bill is designed to provide the Secretary of the Interior with authority to promote the orderly development of the hard mineral resources of the deep seabed pending adoption of an international regime. According to Senator Metcalf, it is structured to order only the affairs of U.S. nationals. The introduction of the Bill, whether it becomes law or not, represents a major advance in the seabed debate requiring detailed analysis. If the Bill does not become law, there can be …