Physical Sciences and Mathematics Commons^™

The Persian Gulf Oil Spill: A Case Study Of Emerging International Law On Environmental Damages During Hostilities, Esther J. Mcclure

Theses and Major Papers

During the 1991 Persian Gulf War, the retreating Iraqis caused the deliberate discharge of six million barrels of oil into the shallow waters of the Persian Gulf. The immediate impact on the ecosystem was dramatic, and, because of the intense media coverage of the conflict, highly visible to the American public. The spill popularized the term 'ecoterrorism' and raised serious questions about the applicability of international law to the situation. There are numerous conventions that seek to establish standards of due diligence for the prevention of accidental pollution and to impose civil liability on those who damage the environment, but …

Contemporary Piracy And Maritime Terrorism: Towards An Effective International Legal Response, David L. Scott

Theses and Major Papers

Piracy at sea has been a threat which has plagued the mariner since the earliest trading vessels took to the sea more than two thousand years ago. to those outside of the maritime community, the notion of piracy likely conjures up visions of Captain Kidd and Blackbeard, the sort of lifestyle, popularized in the Errol Flynn movies of the 1930x, which has long since passed into history. In reality, violence and robbery at sea is alive and well in certain geographic locations around the globe. In the past decade, the problem of pirate attack upon merchant vessels has become especially …

Harnessing Of Offshore And Deep Sea Fishery Resources In The Exclusive Economic Zone Of Sri Lanka, Ginigaddarage Piyasena

Theses and Major Papers

Sri Lanka declared her Exclusive Economic Zone in 1977, under Section 56 of the Maritime Zone Law No.22 of 1976. With this declaration she extended her jurisdiction over a 500,000 km of sea area as a coastal state. The acquisition of this vast sea area enables Sri Lanka to provide the most needed animal protein requirement of her population by harnessing the fishery resources available in the EEZ. This paper reviews the impact of the declaration of the Exclusive Economic Zone on the offshore and deep sea fish production in Sri Lanka from 1977 to 1990 especially in relation to …

Impacts Of The Unclos Iii Consent Regime On U. S. Marine Scientific Research, 1982-1989, Matthew Patrick Murphy

Theses and Major Papers

The 1982 Conference on the Law of the Sea (UNCLOS III) has given states jurisdiction over unprecedented scopes of ocean space. Marine scientific research is among the activities under coastal state control. This thesis examines five possible areas of impact of coastal state control on United States research programs. These are: 1. research which was denied outright, 2. reasons for denials, 3. research which was delayed, 4. the extent to which researchers avoid requests in the waters of restrictive states, and 5. the level of interest among UNOLS institutions in cooperative arrangements with foreign governments. The international legal framework for …

U.S. Freedom Of Navigation Program, Robert P. Girrier

Theses and Major Papers

For the last decade, the United States has been engaged in "Freedom of Navigation" exercises with ships and aircraft in sea areas of disputed jurisdiction. At times these exercises have evoked armed responses from the nations concerned. What has been the purpose of these precipitous activities on the part of the u.S.? What is the legal basis for this activity, and has it served the interests of the international community or the United States? This paper will examine the elements of international law pertaining to disputes rising from territorial sea claims and their impact on passage and overflight. It will …

The Canadian-American Dispute Over Dixon Entrance, Mary Kathleen Morrissey

Theses and Major Papers

The body of water between the southern tip of Alaska's panhandle and British Columbia's Queen Charlotte islands, known as Dixon Entrance, is one of four external maritime boundaries between the United States and Canada. This particular boundary has been an area of dispute ever since it was established and settlement does not appear to be imminent. yet, this dispute continues to create poor management of fish stocks, trade disruption, feelings of frustration among fishermen of both nations, and in general, it remains a thorn in the side of United States-Canadian relations. In this paper I intend to review the history …

Maritime Boundaries Of India - A Case Study, Piyali Talukdar

Theses and Major Papers

This study examines the present status of the maritime boundaries of India in the context of applicable international laws related to boundary definition. As a developing nation with a long coastline and large Exclusive Economic Zone, it is important for India to define its boundary limits for better utilization and management of its marine resources. India has maritime boundaries with seven different nations; the geographical setting, political relationships and economic importances are different in each case, making each situation unique. Since appreciation of factors such as geographical, geophysical, resource potentials, etc. can help to realize the shape of the present …

The United Nations Convention On The Law Of The Sea, And Canadian Official Development Assistance, Lennox O'Riley Hinds

Theses and Major Papers

The purpose of this paper is to examine the needs of developing states created by the 1982 U.N. Convention on the Law of the Sea and the capability of the above cited Canadian aid agencies to provide needed assistance. To achieve the above objective the articles of the Third Convention of the Law of the Sea will be analyzed to establish requirements that coastal states must satisfy when the convention comes into force. Next, the mandates, policies, and programs of the aforementioned agencies will be examined to ascertain their potential to assist developing countries meet their obligations under UNCLOS III. …

The Adjustment Of Taiwan, Roc, Fisheries To Coordinate With The Extending National Fisheries Jurisdiction, Teh-Yung Chan

Theses and Major Papers

The establishment by coastal states of 12-mile territorial seas and 200-mile EEZs or fisheries Conservation Zones (FCZs) has resulted in tremendous impacts on Taiwan inshore fisheries and distant-water fisheries. The ROC has to adjust its approach to fisheries in the face of the new international fisheries challenge. Through the adjusted measures, it has successfully achieved increases in her fisheries production in recent years. The purpose of this study is to examine the problems that have occurred or may occur to the Taiwan ROC fisheries industry as a consequence of the establishment of national EEZs. An area of particular concern to …

Tuna Fishery In The East Central Atlantic Region: The Feasibility Of Nigeria's Participation, Aderemi Olasupo Abioye

Theses and Major Papers

Tuna fishery is widely practiced in the east central Atlantic region by many fleets of different nationality. Most of the catch is taken by distant-water fleets. The new Law of the Sea convention, which gives coastal states an exclusive economic zone with outer limit of 200 miles, now allows the coastal states to make the most use of the living resources in their waters. The surplus shall be allocated to other states in the region and those traditionally fishing in the area before. Nigeria with a population of about 100 million people spends substantial foreign exchange annually on the importation …

The Exclusive Economic Zone: The Impact Of The 1982 Law Of The Sea Treaty On Worldwide U.S. Naval Operations, John C. Meyer

Theses and Major Papers

The focus of the Third United Nations Conference on the Law of the Sea (UNCLOS III) was on the development of an international legal regime for the peaceful use of the world's oceans. The maritime powers, particularly the United States, viewed this new regime in terms of preserving traditional high seas freedom of navigation and overflight, and limiting expanding coastal state claims over their adjacent water and airspace. Developing countries, emerging from a period of decolonization, sought to enhance their security and gain economic benefit from this new legal regime, through the seaward extension of claims to jurisdiction over what …

The Exclusive Economic Zone-Considerations For Management With Special Reference To Developing Nations, John G. Catena

Theses and Major Papers

Having successfully initiated and developed the legal aspects of the Exclusive Economic Zone (EEZ) the challenge which now arises for the developing coastal nations is to implement an ocean management system to more fully realize the potential benefits of extended jurisdiction. This study discusses the needs and problems developing nations may encounter in developing such a management system and also considers the ways and means to meet these needs and overcome these problems. The study suggests that coastal nations should adopt an integrated three phased ocean policy process consisting of a (1) priority establishment phase (policy formulation) (2) strategic phase …

Maritime Boundaries Between Trinidad And Tobago/Venezuela/Barbados And Grenada - Its Impact On Offshore Oil, Patty Marajh

Theses and Major Papers

The future of the economy of Trinidad and Tobago is heavily dependent upon the exploitation of the hydrocarbon resources in its continental shelf. Trinidad's geographical proximity to the Venezuelan mainland is relevant because both states share the same continental shelf in areas not delimited by the 1942 gulf of Paria Treaty. The continental shelves of Barbados and Grenada also intersect and these areas have not been delimited and defined by any agreement. The current expansion of the exploration and exploitation of crude oil and natural gas have raised several problems within recent years. This thesis will focus attention to the …

U.S./Japanese Fishery Relations: Reflections On The Past And The Unsettled Future, Matthew Axel

Theses and Major Papers

U.S.-Japan fisheries history spans over a half-century of controversy. A variety of developments have taken place over this period from past to present illustrating this point. This paper will present this subject in three parts, corresponding to the historical developments that have taken place. The saga begins with U.S. post-World War II aid in rebuilding the Japanese tuna, whaling and salmon fleets. Round two examines the rapid expansion of the Japanese utilization of Alaska pollock and the development of the surimi trawlers in the early 1960s. Finally, round three, which will encompass the majority of the subject matter discussed, begins …

The Emerging Regime Of Islands As Archipelagic States, Frank Gable

Theses and Major Papers

This essay will discuss the significance of islands as archipelagos, i.e. any two or more islands identified politically as one entity. Within the body of this report will be references regarding the historical background to archipelagos and how they emerged into international topics of law. Further, the differences international law affords coastal archipelagos as opposed to outlying mid-ocean archipelagos will be interpreted. These differences include, for instance, the design of baselines used to enclose territorial waters. As the paper progresses, the reader will being to see how the Third United Nations Conference on the Law of the Sea (UNCLOS (III) …

The National And International Legal Complications Of Subseabed Emplacement Of High-Level Nuclear Waste, Lynn Carlson

Theses and Major Papers

High-level radioactive waste produced by nuclear power generation, weapons production, and medical research has been accumulating in temporary storage pools in many countries. A permanent method of disposal will soon benecessary to ensure against contamination of man and the environment. Land-based geologic formations, such as salt domes, are the preferred sites for disposal at this time in the United States. Subseabed emplacement is one option under consideration and the technological aspects of this method are currently being studied. In order to resolve these issues, it is proposed that relevant laws be conditionally amended to legalize subseabed emplacement, but only after …

The Maritime Boundaries Of Venezuela, Jose L. Cedeno

Theses and Major Papers

Venezuela has maritime boundaries with the following neighbors: two adjacent coastal states, Colombia and Guyana, and six opposite coastal states Trinidad-Tobago, Grenada, San Vincent and the Grenadinas, Sain Lucia, Dominica and Dominican Republic, one United States commonwealth associates states (Puerto Rico) and with dependent islands of the United States (Virign Islands), United Kingdom (Nevis, St. Christopher and Montserrat), France (Guadeloupe and Martinique) and Netherland (Curacao, Aruba, Bonaire, Saba and St. Eustatius).

The paper discuss at length three recent Venezuelan agreements: a fishing agreement with Trinidad and Tobago (1977), plus two Exclusive Economic Zone (EEZ) delineation treaties concluded almost simultaneously in …

The Law Of The Sea: International Law Implications Of The U.S. Refusal To Sign The Treaty, Richard D. Coogan

Theses and Major Papers

This study is undertaken to show the impact of the international law aspects of the Law of the Sea Treaty as they relate to the U.S. failure to sign the Treaty. The U.S. has embarked on a course of action, by its refusal to sign the Treaty, that can have major impact on day-to-day national policy issues as they relate to international law governing a state's behavior. The U.S., in refusing to sign the Treaty because of the deep seabed provisions, and yet claiming other provisions as reflecting customary law, is probably correct as viewed in today's realities.

Impact Of The Law Of The Sea Treaty On The Soviet Fishing Industry, Gary Lee Roemmich

Theses and Major Papers

The signing of the United Nations Conference on the Law of the Sea (UNCLOS) Treaty was the maturation of an idea that was born thirty-six years ago. That treaty placed into effect the 200 mile exclusive economic zone (EEZ). A universal 200 mile EEZ could be a death knell for the high-seas fishing fleets we know today as the majority of the major fishing grounds lie within 200 miles of the coast. The Soviet Union presently has the largest fishing fleet in the world and will perhaps feel the largest impact from the treaty signing. This paper intends to evaluate …

Offshore Jurisdiction And Federal-State Relations: The 12 Nautical Mile Territorial Sea And The Tidelands Controversy, Jeremy D. Wiese

Theses and Major Papers

Recently, after several decades of negotiations, the United States, acting through the President, opted not to sign the United Nations Law of the Sea Treaty. In the aftermath of this decision those individuals involved with marine affairs are beginning to examine the Treaty's separate provisions to ascertain those which the U.S. may embrace under the auspices of customary international law. To date, this examination has led to a Presidential Proclamation generating an Exclusive Economic Zone for the U.S. Jurisdictionally, the next logical step would be U.S. adoption of the 12 nautical mile limit for its territorial sea. Indeed, movement in …

Seafarers And International Shipping Standards, Richard David Poisson

Theses and Major Papers

Merchant seafaring, as the subject of modern research and study, is a profession that has not received an undue amount of attention or attraction. The modern seafarer thus remains a 20th century enigma. Of particular concern here will be the international standards of employment, particularly as they are implemented under circumstances of open-registry shipping where their enforcement is commonly called into question. Thus this study will present some of the debate surrounding the issue of conditions of employment aboard open-registry ships, indicating to what extent, if any, seafarers are adversely affected. This study is further intended to indicate the degree …

Ecology, Economics, And Law In The Conservation And Management Of Cetaceans, John David Roanowicz

Theses and Major Papers

No abstract provided.

The Deep Seabed Hard Mineral Resources Act: Legality And Necessity The U.S. Perspective, Thomas P. Beatty

Theses and Major Papers

In June of 1980, the President of the United States signed into law the Deep Seabed Hard Mineral Resources Act, a piece of national legislation that will most definitely have international repercussions. The developing nations of the world are strongly opposed to unilateralism on the part of any nation, contending the minerals of the deep seabed belong to all nations and, therefore, the benefit from the exploitation of those minerals should likewise be shared by all nations. Why then, against such firm opposition from the less developed countries of the world, did the United States opt for unilateralism instead of …

Maritime Boundary Disputes As A Constraint To The Commercialization Of Ocean Thermal Energy Conversion In The Caribbean Sea, Philip Erwin Haring

Theses and Major Papers

This thesis is an examination of the effect which the commercialization of Ocean Thermal Energy Conversion (OTEC) will have on the delimitation of maritime boundaries in the Caribbean, and the extent to which boundary disputes will reduce the area available for OTEC facility deployment there. The first chapter is a discussion of OTEC and the prospects for commercialization in the next ten to fifteen years. The second chapter is an analysis of the development of the international law of the sea, and how that evolution has stabilized in recent years establishing a jurisdictional regime in which coastal states control the …

A Comparison Of Global Conventions Concerned With Controlling Ship-Borne Pollution On The High Seas, Robert F. Ogurek

Theses and Major Papers

This paper will compare the global conventions concerned with controlling ship-borne pollution, noting the major differences in regulations concerned with the prevention, control and reporting of pollution incidents, as well as the enforcement provisions of these conventions. Section I of this paper will be a discussion of the provisions made in the Third United Nations Conference on the Law of the Sea Draft Convention on the Law of the Sea (not yet in force) concerning ship-borne pollution. Section II will be a discussion of the major global conventions, both those presently in force and those yet to enter into force, …

Promotion Of Distant-Water Fishing Industry In Taiwan, Dah-Wen Shieh

Theses and Major Papers

The growth of distant-water fishing industry in Taiwan has been steady during the period from 1965-1973. However, since 1973, the slow expansion of distant-water fisheries has been reflected in both the production side and the decreasing catch per unit effort. The increasing operation costs and the shrinking fishing grounds are mainly attributable to the limitation of distant-water fishing industry. The small scale of fishing companies with small-sized vessels also resulted in the inefficient operation in this highly competitive business. For Taiwan, distant-water fishing is not only a means of meeting general protein requirements for its population but also an important …

Navies And The Straits Regime, Farid Fiuzi

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.

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

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.

Science In The Sea-Can The Scientists Endure 200 Mile Jurisdiction?: A Case Study Of The R/V Trident 1973-1975, Barbara Ray

Theses and Major Papers

Before the 1958 Continental Shelf Convention scientists were free to do their research anywhere in the oceans except within a narrow band of territorial waters. Since that time national jurisdiction has closed off increasing amounts of the sea. Most coastal areas and continental shelf areas now require coastal state consent prior to commencing work. Possible reasons for this closure include 1) fear of natural resource exploitation, 2) fear of military exploitation, or 3) growing feelings of nationalism among the developing countries. This paper is divided into two parts. The first deals at length with the development of the issue of …

A Regime For Archipelagos, Ralph Fink Iii

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.