Law of the Sea Commons^™

The Donnybrook Fair Of The Oceans, David David

San Diego Law Review

Professor R.R. Baxter, the U.S. State Department's Counselor on International Law, in addressing the Asian-African Legal Consultative Committee at Lagos earlier this year capsulized what the debates over the oceans' future have been about. He stated: The law of the sea is, as it were, the constitution of the oceans. As such, its major concern is with distribution of authority. As is true of all constitutions, two basic questions are involved in the distribution of authority: Who shall exercise authority in a particular respect? What conditions or restrictions are to be placed on the exercise of this authority? For the …

Recent Developments In The Law Of The Seas Iii: A Synopis, G. Edward Arledge, Allan A. Nadir, Robert L. O'Connell

San Diego Law Review

This third synopsis is part of our continuing effort to present annually a summary of legally significant events of relevance to the law of the seas. This synopsis encompasses events which occurred between March 1, 1971, and February 1, 1972. Primary resources utilized included the New York Times, the Environment Reporter, the United States Code Congressional and Administrative News and the Congressional Record. The almost daily incidence of new developments evidences the growth of concern at local, national and international levels for rational planning in the use and development of the ocean and its resources. With the approach of the …

The Interests Of Land-Locked States In Law Of The Seas, Patrick Childs

San Diego Law Review

Approximately one fifth of the nations of the world are landlocked, having no direct access to the sea within the bounds of their territorial jurisdiction. These nations, throughout modern history, have sought to secure for themselves various rights that the coastal nations inherently have due to geographical location. The traditional demand of the inland countries has been that of unrestrained access to the sea, but now, with the significant strides that oceanic sciences have made in the last two decades, their demands have spread into other areas that once held little interest to inland countries. It has become apparent in …

The Problems Of Delimitations Of Base Lines For Outlying Archipelagos, Michael A. Leversen

San Diego Law Review

An archipelago has been defined as a formation of two or more islands (islets or rocks) which geographically, socially, politically and economically may be considered as a whole. Outlying archipelagos are groups of islands situated out in the ocean at such a distance from the coast or firm land as to be considered complete in themselves, an independent whole rather than forming a part of an outer coastline of the mainland. The United States has long been of the view that until there is international agreement the three mile territorial sea is established international law, and the unilateral acts of …

The Concept Of "Common Heritage Of Mankind": A Political Moral Or Legal Innovation, Stephen Gorove

San Diego Law Review

Recent technological advances and the ever-growing need for new resources have centered both national and international attention on the exploration and exploitation of the untapped resources of what seems to have become man's last frontier - the sea.

Marine Archaeology And International Law: Background And Some Suggestions, Howard H. Shore

San Diego Law Review

This Article will analyze the current legal problems confronting marine archaeology and make some recommendations for accommodating the various interests involved. In its most general form,the problem is two-fold: 1) What are the rights of marine archaeologists to explore for and excavate relevant material on the seabed? and 2) What are the property rights in those finds? The discussion will consider these issues in that order.

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Books Received

NULLITY AND REVISION: THE REVIEW AND ENFORCEMENT OF INTERNATIONAL JUDGMENTS AND AWARDS

By W. Michael Reisman

New Haven: Yale University Press, 1971. Pp. vii, 900. $25.00.

-----------------------------

THE ENDLESS CRISIS

Edited by Frangois Duchne

New York: Simon and Schuster, 1971. Pp. 310. $2.75.

------------------------------

INTERNATIONAL LAW, NATIONAL TRIBUNALS AND THE RIGHTS OF ALIENS By Grant Dawson and Ivan L. Head

Syracuse: Syracuse University Press, 1971. Pp. vii, 344. $11.75.

-------------------------------

THE LIMITED ELITE: POLITICS AND GOVERNMENT IN TWO INDIAN CITIES

By Donald B. Rosenthal

Chicago: University of Chicago Press, 1970. Pp.vii, 360. $12.75.

--------------------------------

INTERNATIONAL LAW: THE SUBSTANCE. …

Recent Treaties And Statutes, William H. Schwarzschild, Iii

Vanderbilt Journal of Transnational Law

Admiralty--Longshoremen's and Harbor Workers' Compensation Act Amendments of 1972--Congress Abrogates Doctrine of Seaworthiness for Longshoremen

=================

Space Law--Convention on Liability--Procedure Established to Enforce Liability for Damage Caused by Space Objects

Concept Of Adjacency, Kenneth L. Wright Jr.

Marine Affairs Theses and Major Papers

Adjacency, as used in the Law of the Sea, implies a defined area beyond the territorial sea applying to the superadjacent waters, the seabedand the subsoil. It also implies a relationship to the land. This paper is an examination of adjacency as a concept with particular emphasis placed on the possibilities of establishing the outer limits of an adjacent area. The concept of adjacency is addressed from historical,oceanographic, biological, geological and legal perspectives. An investigation into the State practice of projecting limited jurisdiction from shore into the sea by Britain and America is made to determine a possible genesis concerning …

The United States Navy And An International Seabed Regime (U), Theodore E. Newark

Marine Affairs Theses and Major Papers

The paper proposes to briefly outline the Navy's general role as one element of this nation's overall seapower. The expanding sources of conflicting interest in uses of the sea are examined along with the barely visible form which debates are presently giving toward the creation of an international regime for the peaceful exploration and exploitation of the natural resources of the seabed and its subsoil, located beyond the limits of national jurisdiction. Naval adjustment to the requirements expected to derive from new aspects of the evolving changes to present law of the sea are analyzed and recommendations are drawn in …

Admiralty--Choice Of Law--Ship Owner With Substantial Business Contacts In The United States Is An Employer Within Meaning Of Jones Act, Journal Staff

Vanderbilt Journal of Transnational Law

Plaintiff, a Greek seaman, sought relief in federal court under the Jones Act for injuries suffered aboard ship while docked in a United States seaport. Defendants, corporations, controlled by a permanent resident alien of the United States, contended the Court was without jurisdiction since they were not employers within the meaning of the Jones Act and because the contract of employment with plaintiff provided for the application of Greek law. The District Court found for the plaintiff. The Fifth Circuit affirmed.

On certiorari to the United States Supreme Court, held, affirmed. A shipowner with substantial business contacts in the United …

Workmen's Compensation At Sea, Charles D. Evens

Vanderbilt Journal of Transnational Law

At the present time there are three possible remedies available to seamen who are injured in the course of their employment. In order to maintain any of these actions, the injured party must of course qualify as a seaman. The traditional tests used to determine whether a maritime worker is a seaman are as follows: 1) the vessel must be in navigation, 2) the worker must have a more or less permanent connection with the vessel, and 3) the worker must be aboard the vessel primarily to aid in navigation. These standards have been somewhat modified by Offshore Company v. …

Maritime Jurisdiction Over Fishery Resources, Gilbert T. Davis

Vanderbilt Journal of Transnational Law

Economic necessity and recent developments in marine technology have caused man to begin his move into the sea on a grand scale, occupying and exploiting it for recreation, minerals, food, waste disposal, and possible living space. These new technological advances and the increased need for the traditional fishery resources have precipitated the interests of nations in expanding their exclusive jurisdictions further into an ocean space where it had been traditionally free for all to use. Though this move for exclusive jurisdiction is motivated by the uniform desire of all nations to more efficiently utilize and conserve the resources and to …

The Canadian Arctic Waters Pollution Prevention Act: New Stresses On The Law Of The Sea, Richard B. Bilder

Michigan Law Review

The Canadian Pollution Prevention Act is of interest in several respects. It opens a new round in the historic and multifaceted struggle over freedom of the seas. It raises complex questions of international law and policy regarding the legal regime of Arctic waters, the concept of contiguous zones, the status of waters within archipelagoes, and the doctrines of innocent passage and international straits. It illustrates both the perception of an increasing number of coastal states that existing international law and international arrangements are inadequate to protect their legitimate interests, and the strong pressures within such states for unilateral action to …

Land-Based Seaman: Recovery For Off-The-Job Injuries

Washington and Lee Law Review

No abstract provided.

V.7-3, 1970 Masthead

San Diego Law Review

No abstract provided.

Wilbert Mcleod Chapman

San Diego Law Review

No abstract provided.

Some Recent Developments Concerning Fishing And The Conservation Of The Living Resources Of The High Seas, Milner B. Schaefer

San Diego Law Review

There is a widespread demand among nations to convene a new international conference on the law of the sea in order to review and perhaps amend many of the provisions of 1958 Geneva Conference on the Law of the Sea.

The Theory And Practice Of International Fishery Development-Management, Wilber M. Chapman

San Diego Law Review

The Article takes a glance international organizations and treatises concerning the Law of the Sea. An evaluation of these mechanisms is given and recommendations as to whether they need strengthening in the United Nations.

Fisheries And The New Conventions On The Law Of The Sea, Francis T. Christy Jr.

San Diego Law Review

In spite of the economic and political importance, fishery problems are being dragged in by the back door, to face decisions by diplomats who, for the most part, lack the requisite interest and competence to solve such problems. It is because of this that it seems timely and useful to raise a few points that might be considered by those who are (presumably) preparing themselves for the new conferences on the law of the sea. (1) The problems of fisheries, because of both the centuries of use and the recent, dramatic changes in enterprise, are inordinately complex. However, the issues …

Social Goals, Problem Perception, And Public Intervention: The Fishery, Victor Arnold, Daniel Bromley

San Diego Law Review

Impacts of institutional constraints are discussed. A further discussion takes place on the goals of fisheries, possible social goals, and a nine mile contiguous zone within the context of the social objectives.

Ocean Pollution: An Examination Of The Problem And An Appeal For International Cooperation, Douglas D. Busch, Edward I. Mears

San Diego Law Review

Ocean pollution is a problem that the nations of the world can no longer ignore. Industrialized nations have treated the oceans as if they were beyond the power of men to alter, an infinite sink for the assimilation of wastes. The oceans cover 70% of the earth's surface and contain 350 million cubic miles of water: However, there is a world population of 3.5 billion people or 10 people for every cubic mile of seawater. as the world becomes more industrialized, man's increasing capacity to contaminate is a very real threat to the ocean. Man is totally dependent upon natural …

Californians Need Beaches--Maybe Yours, Susan P. Finlay, David J. Van Til

San Diego Law Review

Our nation faces a serious problem of congested recreational resources as a result of a rapid increase in population compounded by concomitant increases in urbanization and leisure time. These factors simultaneously increase the demand for more public recreational areas and reduce the amount of space available. Necessarily, this expending demand comes into conflict with the private property rights of those who hold title to lands particularly suited for public recreational purposes. A recently litigated aspect of this conflict involves the ownership of the beach areas of our nation's sea coasts. Public interest demands public use, access, and enjoyment; traditional property …

Recent Developments In The Law Of The Seas: A Synopsis, Michael B. Harris, Anthony Lovett

San Diego Law Review

This Synopsis is an attempt to summarize legally significant events relevant to the law of the seas on a continuing yearly basis. This initial effort encompasses significant state, national, and international events which occurred between July 1, 1969, and March 15, 1970, indexed chronologically within each topic heading. The selection of the included events is arbitrary, due to the incompleteness of available resource materials and the lack of any established indices of significance. Of the numerous resources utilized, primary reliance was placed on the New York Times, the United States Code Congressional and Administrative News and the West Publishing Company's …

Property-Wharfing Out-Riparian Owner Permitted To Use Filled-In Swamp As A Wharf To Reach Navigable Water. Burns V. Forbes (3rd. Cir. 1969), Jack L. Schoellerman

San Diego Law Review

This recent case discusses Burns v. Forbes (3rd. Cir. 1969).

Maintenance And Cure-Jones Act-Seaman Going And Coming From Ship Held In Service Of Ship-Shipowner Held To Accept Duty For Safe Transportation In Providing Travel Pay And Attempting To Control Transportation. Williamson V. Western Pacific Dredging Corp. (D. Ore. 1969), George D. Tice

San Diego Law Review

This recent case discusses Williamson v. Western Pacific Dredging Corp. (D. Ore. 1969).

A Legal Regime For Deep Sea Mining, John L. Mero

San Diego Law Review

This Article outlines a legal regime of deep sea mining that favors the workers of deep sea mining. The legal conditions will encourage development of mineral resources within national jurisdiction.

Offshore Oil Spills: An Evaluation Of Recent United States Responses, Ved P. Nanda, Kenneth R. Stiles

San Diego Law Review

This Article discusses the responses of the United States to oil spills in Santa Barbara and the Gulf, examining both executive and legislative action. Also, the article analyzes the institutional and procedural aspects of the Unites States' responses and their influence on the international community.

Toward Denuclearization Of The Ocean Floor, Stephen Gorove

San Diego Law Review

The purpose of this inquiry is to analyze the previsions surrounding the revised draft of Disarmament Treaty of 1969 between the United States and the Soviet Union. The topics discussed are scope and geographical coverage of the prohibition, verification procedures, and miscellaneous provisions.

International And National Regulation Of Pollution From Offshore Oil Production, Robert B. Krueger

San Diego Law Review

This Article discusses the correlation of growing technology and the growth of national regulation of off shore oil production. Moreover, there is a brief summary of statistical evidence presenting the argument that off shore drilling is needed.