Transit rights and U.S. security interests in international straits: The “straits debate”; revisited

Abstract

The issue of transit rights through international straits overlapped by an extension of territorial seas to 12nm was the focal point of intense debate between the United States and straits states during the formative stages of UNCLOS III. Even though the ICNT provisions on transit through straits reflect basic U.S. navigation and security interests, this paper argues that the issue of transit rights through straits is not a dead issue. Straits states may either refuse to ratify a LOS treaty incorporating ICNT provisions on transit passage, or the attempts to obtain a comprehensive LOS treaty may end in failure. In either case, the United States may be forced to accept a right of innocent passage through international straits. The conclusions of this paper are that the security of transit will be determined by political rather than legal considerations, and that U.S. security interests in straits are not undermined by a right of innocent passage.     

United States policy on international straits

Abstract

United States policy on international straits is dictated by the vital importance to U.S. national security interests of unimpeded commercial and military transit through, over, and under sea lines of communication. Although perceived flaws in the deep seabed mining regime of the 1982 Law of the Sea Convention precluded U.S. signature or ratification of that document, the United States considers that the navigational articles of the convention reflect customary international law. Accordingly, U.S. policy on international straits is premised on recognition of and respect for the balance of interests set forth in the navigational articles of the 1982 Law of the Sea Convention.     

Straits used for international navigation

Abstract

This article summarizes our perspective of U.S. and Soviet interactions during a joint physical oceanography experiment. One author (RHH) was involved in early instrumentation and logistic work with the Soviets beginning in 1970, and was U.S. executive manager for the program from 1976–84. One author (CAC) was the National Science Foundation program manager responsible for administering the program. The experiment began with a preliminary meeting of Soviet and American oceanographers in 1973 and activities concluded with the publication of an atlas (see n. 9) in 1986. The intervening years included a variety of joint scientific activities which spanned a broad spectrum from theory and numerical modeling to at‐sea experiments. The total cost of U.S. activities as part of this program was about $25 million.     

UNCLOS III and conflict management in straits

Abstract

The legal regime articulated for international straits in the United Nations Convention of 1982 is a significant milestone in the reconciliation of competing interests attendant upon navigation in international straits. However, the author also submits that the refinement of respective rights and obligations of states in international straits can only be harmonized through the process of claim and counterclaim, a slow and somewhat tedious process. Extremely difficult, yet highly important questions deserve thoughtful analysis in the context of the 1982 Convention's territorial sea and straits provisions.     

The third United Nations conference on the law of the sea and non‐independent states

Abstract

The Third United Nations Conference on the Law of the Sea is addressing problems that involve all of mankind. Yet there are parts of mankind, non‐independent states and special sovereignties, that are not directly represented at the conference, even though their interests will be directly affected by the decisions taken.

There currently arc around 75 non‐independent states and special sovereignties at different stages of political development and with varying forms of association to a metropolitan power. This can create problems of conflicting jurisdiction over ocean space in two areas particularily: the South Pacific and the Caribbean.

The Conference has attempted”; to deal with the problem of the Law of the Sea and non‐independent states in three ways: by granting observer status to national liberation movements and associated states; through the Transitional Provision; and through the Definitional and Final Clauses. However, a universal formula that would guarantee to these states the resource rights recognized in the proposed Treaty has yet to emerge.     

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.     

Overweight and obesity among foreign‐born and U.S.‐born Hispanics

Abstract

In this study, data from the New Immigrant Survey and the National Health and Nutrition Examination Survey are combined to examine patterns of overweight and obesity among U.S.‐born and foreign‐born Hispanics. Results indicate that, after using height and weight measures adjusted for self‐reporting bias, foreign‐born Hispanic men and women have substantially lower likelihoods of being overweight and obese than the U.S.‐born. However, both likelihoods increase as years in the U.S. accumulate for the foreign‐born. Controls for smoking behavior, physical activity, and the degree of dietary change do not reduce the strength of the positive relationship between years in the U.S. and overweight/obesity.     

Geographic limitations in the movement of Deep‐Draft tankers between the Indian and pacific oceans

Abstract

The need to move increasing volumes of petroleum over long distances has stimulated the construction of a large fleet of tankers of unprecedented dimensions. The extraordinarily deep drafts of these ships have necessitated a reevaluation of the extent of navigable ocean. Because some major shipping lanes are closed to their movement, alternative routes have developed. For this study, hydrographic charts of the passages between the Indian and Pacific oceans were examined in detail and special purpose maps were constructed. The patterns illustrate the categories of negative ocean, open ocean, and ocean conditional for the movement of deep‐draft ships. Actual and potential routeways for deep‐draft ships past Southeast Asia are identified and the limitations of the Malacca/Singapore straits are described in greater detail.     

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.     

Contraceptive sterilization: A comparison of Mexican‐Americans and Anglos living in U.S. counties bordering Mexico

Abstract

Prior to the U.S.‐Mexico Border Survey of Maternal and Child Health and Family Planning conducted by the Centers for Disease Control in 1979, little information was available about the extent to which Mexican‐Americans in the U.S., relative to Anglos, were using male and female sterilization for contraceptive reasons. This paper compares Mexican‐Americans and Anglos for (a) prevalence of contraceptive sterilization; (b) social and demographic characteristics of users of contraceptive sterlization; and (c) tuning during the reproductive life cycle when contraceptive sterilization occurs. For both Mexican‐Americans and Anglos, contraceptive sterilization (male and female) was the second most prevalent method used. Anglos were more likely to use male than female sterilization (22.4 per cent and 19.5 per cent), while Mexican‐Americans were much more likely to use female than male sterilization (23.2 per cent and 5.8 per cent). Having an unwanted last live birth and/or high parity were important factors related to the use of female sterilization for both Mexican‐Americans and Anglos.     

A note on the role of african states in committee I of UNCLOS III

Abstract

This study assesses the role the African states played in the formulation of Part XI of the U.N. Convention on the Law of the Sea. It demonstrates that the clauses dealing with the seabed issues largely incorporated their interests. It is also argued that it was because of the African states’ efforts (among other members of the G‐77) that the industrialized countries acquiesced in the negotiation of a comprehensive LOS Treaty.     

Breastfeeding in the United States

Abstract

The breastfeeding of U.S. infants born in 1974–76 is analyzed using data from the 1976 National Survey of Family Growth. It is found that the proportion of infants breastfed was increasing rapidly, with the highest rates found among white, college‐educated, western mothers and lowest rates among black mothers and mothers with less than a high‐school education. For children who were breastfed, the median duration was about 4.5 months and the mean 5.5 months, also with marked differences by ethnicity, education, and region. Data from other sources confirm these differences and quantify subsequent increases in breastfeeding.     

Straits in the Russian Arctic

The issues surrounding the regimes of international straits, noninternational straits, and ice-covered areas are analyzed for the purpose of looking at Russian practices in its Arctic straits. It is concluded that the Russian practice exceeds that permitted to states bordering straits under the traditional regime for straits. Nevertheless, viewing the U.S. practice as a coastal state, as well as the coastal state practice of Canada, substantial similarities are found with the Russian practice. Conflicting claims and practices result in a confused Arctic legal regime. An international conference is recommended to discuss and perhaps settle the issues.     

Southern Cone maritime security after the 1984 Argentine‐Chilean treaty of peace and friendship

Abstract

The Southern Cone of South America and the adjacent regions of the South Atlantic and South Pacific Oceans, as well as the opposite regions of the Antarctic, present some difficult legal, political, economic, and military problems. As the tip of the Southern Cone has been conflict prone, the political and military interests of Argentina and Chile have tended to predominate. The 1984 Argentine‐Chilean Treaty of Peace and Friendship was a significant achievement in conflict resolution, and could lead to greater economic, political and even military cooperation between the two states. Nonetheless, the general area at the tip of the Southern Cone remains conflict prone as evidenced in part by the conflicts over the Falklands/Malvinas Islands, the Beagle Channel, the Drake Passage, and the Antarctic.     

A regression approach to the projection of U.S. fertility based on past fertility data

Abstract

The method of fertility projection used by the U.S. Bureau of the Census involves assumptions about the ultimate cohort total fertility rate and the ultimate cohort mean age at childbearing based on recent levels of fertility and women's birth expectations. This paper provides an outline of a general regression approach to fertility projection based on past data which would generate these two ultimate cohort characteristics. The technique is illustrated by using the U.S. single‐year age‐specific fertility rates up to 1986 for total women and projecting them indefinitely into the future until they become stable for both calendar years and cohorts.     

U.S. fishery negotiations with Canada and Mexico

Abstract

In the last decade, the world has witnessed a fundamental reorientation of posture toward marine resources as evidenced by consensus in the Third United Nations Conference on the Law of the Sea (UNCLOS III) and the near universal move toward fishery jurisdictions of 200 nautical miles (370 km). These and other non‐marine‐specific economic and political pressures impose a new constellation of constraints on North American fishery relations. This has resulted in disharmonies on two borders.

This paper, then, addresses the form of binational fishery negotiations between the United States and her two neighbors. One section presents a general model of the binational negotiation process. The next section introduces the institutional and political context of U.S.‐Canada relations, and then applies the negotiation model to the evolution of West Coast salmon deliberations. In a parallel fashion, the following section focuses on U.S.‐Mexico relations and the tuna, shrimp, and anchovy fisheries. The last section concludes with remarks on future directions for North American binational fishery relations.     

Security aspects of Danish and Norwegian law of the sea policies

Abstract

Denmark and Norway are strategically located near two of the major Soviet fleets stationed at Kaliningrad and Murmansk. In order for the Baltic Fleet stationed at Kaliningrad to gain access to the high seas of the North Atlantic Ocean, it must pass through the Belts, the Kattegat, the Skaggerak, and the North Sea or the Straits of Dover. In order for the Northern Fleet stationed at Murmansk to gain access to the high seas of the North Atlantic Ocean, it must pass through the Svalbard Passage between the North Cape of Norway and the Svalbard archipelago down through the Greenland‐Iceland‐United Kingdom (GIUK) gap. These strategic locations of Denmark and Norway give rise to several security issues that affect the law of the sea policies of both states.     

The U.N. convention on the law of the sea and military interests in the indian ocean

Abstract

The U.N. Law of the Sea Convention, ambiguous on military uses of the ocean space, weakens the legal basis for the maritime powers to pursue freely their military objectives in the oceans. Repudiation of the Convention by the United States will accelerate the creeping jurisdiction of the littoral states. The Convention enhances the security of the littoral states of the Indian Ocean, all of whom have only limited blue‐water capabilities and have sought to contain the military intrusions of the superpowers into the Indian Ocean.     

National ocean institutions: Research needs

Abstract

U.S. ocean institutions and decision‐making processes merit careful study and attention. Given the economic and strategic importance of the oceans to the United States, such research would be valuable if it contributed to a more effective ocean policy process and an improved policy product. Moreover, findings with regard to the ocean policy process could be relevant to other high‐technology, transnational policy areas. Four aspects of ocean institutions and policy making merit priority attention: (1) current institutions and processes compared with alternative modes of organization and process; (2) the premises on which the present policy process is based; (3) the generation and utilization of policy‐relevant data; and (4) the operation of U.S. ocean institutions transnationally.