The law of the sea and the U.S. exclusive economic zone: Perspectives on marine transportation and fisheries

Abstract

It has been argued that the issuance of the U.S. Exclusive Economic Zone (EEZ) Proclamation could lead to difficulties in the management of our coastal resources. This paper will examine the consequences of a U.S. EEZ for fisheries and marine transportation. For each sector consideration will be given to the inconsistencies which exist between the United Nations Convention on the Law of the Sea, the U.S. Proclamation, and existing U.S. legislation. The problems and opportunities presented by these inconsistencies are discussed. The authors conclude that, while some modifications of U.S. policy may be required, wide‐ranging changes are neither likely nor needed.     

Peacetime military activities in the exclusive economic zone of third countries

Abstract

Although the 1982 U.N. Convention on the Law of the Sea reaffirms the freedoms of navigation and overflight in the Exclusive Economic Zone (EEZ), its language is flexible enough to be construed as restraining military activities of third countries in the zone. On the other hand, the Convention allows enough latitude of interpretation to include the right to conduct naval activities in a foreign EEZ. The peaceful‐purposes clauses of the Convention do not, in this respect, create any new obligations beyond the obvious general principle of banning the use of force in international relations. The reluctance of UNCLOS III to adopt a clear and unambiguous solution of the problem is likely to result in disputes between naval powers, primarily developed states, and coastal states of the Third World over the attribution of rights to military uses of the EEZ, especially with regard to naval maneuvers, weapon tests, and emplacement of military devices in this zone.     

Adjacent state issues for the UNITED STATES in establishing an exclusive economic zone: The cases of Canada and Mexico

Abstract

This paper will analyze and evaluate the issues that might emerge between the United States and both Canada and Mexico in the establishment of adjacent exclusive economic zones (EEZs). Given the ambiguity of the U.N. Convention language and historic differences in approach to law of the sea issues, it is likely that there will be differences in how each of these countries will manage and regulate activities within their respective zones. Since many of the resources and activities are transboundary in nature, the potential for conflict between states exists. The paper will serve to highlight existing areas of conflict and will evaluate the potential for future disagreements.     

Ichthyofauna of Russian exclusive economic zone of the Bering Sea: 2. Ecological and zoogeographical characteristics

The ecological and zoogeographical characteristics of 344 species of Pisces and fish-like species comprising the ichthyofauna of the Bering Sea (Russian Exclusive Economic Zone) are presented for the study period of 1995?2012 (original studies) and those for previous findings in this area. The benthic species (elittoral, mesobenthic, and sublittoral; 216 species, or 62.8%) dominate if one takes into account the biotopic characteristics of the species; the majority belongs to the wide-boreal Pacific, wide-boreal Asiatic, and arcticboreal species (255 species, or 74.1%) by the zoogeographic characteristics. The comparative analysis of the fish communities of the western Bering Sea evidences to the significant changes of the ichthyofauna within the depth southwards Navarin Cape. Arctic-boreal species can be considered as a specific faunistic “margin” between the northern and the southern ichthyofauna of the western Bering Sea due to their eurybiont characteristics.     

Commercial capture with long line in the exclusive economic zone in La Guajira,Colombian Caribbean Sea

Pelagic fish were collected with long line in the 20-22 degrees C isotherms from 1986 to 1988 off Guajira, Colombia. Thirteen species of pelagic fish were found including four new records: Lampris guttatus, Lepidocybium flavobrunneum, Tetrapturus pfluegeri, Eumegistius brevorti. The occurrence of the orca (Orcinus orca Linnaeus) is confirmed in the Colombian Caribbean waters.     

The European economic community and the law of the sea

Abstract

The European Economic Community (EEC) has the competence, to the exclusion of its Member States, to conclude international agreements in important fields, such as fisheries, on which the draft convention on the law of the sea contains provisions. Contracting parties to the future Law of the Sea Convention will not be allowed to make reservations to the convention or participate in it on a partial basis. It follows there‐from that provisions must be envisaged which would allow the EEC to become a contracting party to the convention together with its Member States. This article outlines the legal background for participation by the EEC in international agreements and indicates the main provisions of interest to the EEC in the draft convention prepared at UNCLOS III.     

Patterns of cetacean sighting distribution in the Pacific exclusive economic zone of Costa Rica based on data collected from 1979-2001

Nineteen species of cetaceans (families Balaenopteridae, Kogiidae, Physeteridae, Ziphiidae and Delphinidae) occur in the Costa Rican Pacific Exclusive Economic Zone (EEZ). Based on data recorded from the EEZ by the Southwest Fisheries Service Center, Cascadia Research Collective, and CIMAR between 1979-2001, we mapped the distribution of 18 cetacean species. Our results suggest that the majority of the cetacean species use primarily oceanic waters, particularly those species within the families Balaenopteridae, Kogiidae. Physeteridae and Ziphiidae. Members of the family Delphinidae showed a wide variety of distribution patterns: seven species are widespread throughout the EEZ, four appear to be exclusively pelagic, and two are primarily coastal. Overall, three cetacean species appear to have populations concentrated in coastal waters: Stenella attenuata graffmani. Tursiops truncatus, and Megaptera novaeangliae. These three may be more susceptible to human activities due to the overlap of their ranges with fishery areas (tuna and artisanal fisheries), and an uncontrolled increase of touristic whale watching activities in several parts of their range. The distribution maps represent the first comprehensive representation of cetacean species that inhabit Costa Rican Pacific waters. They provide essential base-line information that may be used to initiate conservation and management efforts of the habitats where these animals reproduce and forage.     

The conflict between petroleum production,navigation and fisheries in international law

Abstract

Growing offshore oil activity and new technology have resulted in increased interference with traditional uses of the sea, such as fishing and navigation. This article discusses where oil production is prohibited, the extent of safety zones and the removal of installations after use. These questions are examined on the basis of the 1958 Continental Shelf Convention, the 1982 Law of the Sea Convention and state practice. When assessing this multiple use conflict, the different legal regimes for the continental shelf, fishing and navigation must be harmonized. “Creeping jurisdiction”; in state practice and the handling of these questions in the International Maritime Organization are also examined.     

UNCLOS III and the new international economic order

Abstract

The New International Economic Order has become an all pervasive issue in contemporary international relations and is being discussed, debated, and considered in a number of international organizations and negotiations. Representatives of the Third World have demanded under its banner significant changes in the world's political and economic structure. It is in this context that the Third United Nations Conference on the Law of the Sea has been meeting.

This study focuses upon the protracted negotiations on seabed mining and seeks to relate continuing North‐South differences to broader trends in international relations. It examines, in light of pressures for a New International Economic Order, disagreements relative to: a) access to seabed resources, b) the resource and commodity policy of the proposed International Sea‐Bed Authority, c) financial arrangements for deep seabed mining, d) transfer of technology, and e) the organizational structure of the International Sea‐Bed Authority.     

经济开发区生态规划与建设研究

生态规划和建设是协调经济发展和生态环境关系,创造和谐的人工化环境的调控对策。木文研究了沈阳开发区生态规划和建设的理论、方法,着重探讨了开发区经济、环境协调发展的途径:1)选择理想的协调发展优化方案,2)控制发展热电生产,发展集中供热和低能耗高技术产业,3)节约水资源,提高水循环利用率,4)在生态学原理指导下进行生态管理。     

Anadromous species and the new international law of the sea

Abstract

This article examines the evolution of international law relating to anadromous species, focusing exclusively on salmon and primarily considering the period since World War II. The discussion concerns major international harvesting in the western North Pacific, eastern North Pacific, and the North Atlantic. Unilateral actions are also described. Special attention is given to the relevant articles of the 1982 Convention on the Law of the Sea and to developments since its conclusion. Evidence is assessed for considering that the customary international law of the sea now recognizes the authority of the state of origin of salmon to prohibit high seas harvesting of salmon.