The law of the sea and the prospects for deep seabed mining: The position of the European community

This article explores the options that the Norwegian government has when it comes to the management of harvesting a new resource (redfeed) in the politically tense area surrounding Svalbard. The article argues that, by preparing a blueprint regime solely for redfeed rather than allowing the resource to be a catalyst for conflict, the impacts of introducing the fishery will be less dramatic.     

The law of the sea and regional fisheries policy

Abstract

The consequences of the inevitable acceptance of extended jurisdiction and its impact on fisheries policy in the South Pacific are considered within the framework of the principles outlined at the Third Session of the United Nations Law of the Sea Conference. It is pointed out that the fisheries resources of the region considered are dominated by highly migratory species, particularly tunas, and that the management of the fisheries on these species and the conservation of the species themselves will require comprehensive regional cooperation. Considering the common interests of the developing countries of the region and their comparative lack of experience in fisheries management and in surveillance and enforcement capabilities, it is argued that a regional fisheries agency is required. A wide range of possible functions for such a body is discussed and a three‐phase approach to the development of the agency is proposed.     

The new law of the sea and the pacific basin

Abstract

The UN Convention on the Law of the Sea is indispensable for the well‐being of the states, especially the new island states, of the Pacific Basin. Since the Treaty will be signed at Caracas in December 1982, it is important to anticipate its impact in the Pacific Region area. The article examines the need for a new ocean law to replace the old law of the Geneva Conventions. It argues that exploitation of manganese nodules in the “Area”; will be legal only under the rules of Part XI of the Convention and that the principles of the Common Heritage of Mankind are now part of customary law. Finally, the seaward expansion of Pacific states authorized in the new treaty both necessitates, and provides an opportunity for, coordinated planning for the management of ocean resources and usages.     

The United States and the new law of the sea

Abstract

The official U.S. statement on the 32nd meeting of the International Whaling Commission (IWC termed the outcome a “modest success.”; However, from the point of view of conservationists—i.e., governments and private groups seeking greater protection for the world's endangered whales—the results of the 1980 IWC session can be described at best as satisfactory. The disappointing U.S. performance at this and other recent Commission proceedings strongly suggests the need for a reassessment of American cetacean policy and the way in which we pursue this policy in the IWC.

The discussion will begin with a review of U.S. objectives in the IWC in relation to national and international law governing cetaceans. The focus will then turn to the role played by the United States in the Commission's deliberations on selected issues in 1980. The conclusion will set forth recommendations for improvements in American policy and strategy in the IWC.     

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.     

Canada and the law of the sea

Abstract

This paper gives a compact overview of Canadian policy on the law of the sea. Section I looks at Canada's maritime attributes, and the policy interests which arise from them. Section II describes the development of Canada's policy in ten issue areas, and examines the outcomes for Canadian diplomacy at UN‐CLOS. Section III covers the strategy and technique used by Canada in pursuit of its law of the sea objectives, and explores five reasons underlying its high level of influence and success. The conclusions consider Canada as a case study of middle‐power influence, and look at the role of unilateral action in the process of international law‐making.     

The development of european regional law of the sea

Abstract

The development of regional law of the sea may be more practical than a new global order for the oceans and may be preferable to the extension of national maritime jurisdictions.

The Common Market has taken two important steps towards creating a European system of maritime law: The Common Fisheries Policy and the EEC Commission's decision of 10 September 1970 to apply the Common Market treaty to the continental shelf. The Common Fisheries Policy of 20 October 1970, opened national territorial waters within the EEC to all Community fishermen and provided the foundation for the generation of Common Market fishing policy. The continental shelf decision brought the exploration and exploitation of hydrocarbons on the shelf within EEC regulations and supervision.

The EEC has begun to co‐ordinate European Law of the Sea negotiations for the Santiago Conference.

Other European organizations (the Bow Group, the Council of Europe, and the Western European Union) have proposed various non‐EED regimes for maritime legislation and co‐operation, but no such non‐EEC proposal seems likely to be implemented. The future of European law of the sea lies with the Common Market which can make an important contribution to European maritime order and provide a model of regional co‐operation for other areas of the globe.     

The law of the sea regime and ocean law enforcement: New challenges for technology

Abstract

Coastal state enforcement in new zones of jurisdiction under the ocean management regime envisaged in the Law of the Sea Conference's negotiating text will undoubtedly spawn new technology in an effort to expand and improve surveillance. The author discusses enforcement challenges presented in the Law of the Sea regime and suggests some possible applications of technology to improve maritime law enforcement in the relatively near future.     

The law of the sea and management of anadromous fish stocks

Abstract

Unilateral declarations of 200‐mi fishing zones by coastal states are likely to find universal recognition in new articles of international law. These probably will conform to the Single Negotiating Text currently under discussion in continuing sessions of the Third Conference on the Law of the Sea. The articles of this Text are clearly designed to protect and strengthen the fisheries rights of coastal states. Ironically, the new rules may prove counterproductive in respect of the major salmon stocks that migrate beyond 200‐mi limits. Effective protection of state‐of‐origin rights on the high seas beyond these limits will be difficult. Distant water fishing fleets experiencing reduced access to 200‐mi coastal zones will be tempted to increase, their efforts on stocks found in the remaining high seas. Salmon interception by neighboring states will also remain a problem. The article analyzes protective strategies and accommodations that may be pursued by states of origin.     

The exclusive economic zone and public international law

Abstract

This paper will set the international background for the evolution of the Exclusive Economic Zone (EEZ) concept in international law and in state practice. It will review the relevant provisions of the UNCLOS III and will discuss the extent to which they have or are likely to guide national practice in the future. The paper will also examine the Reagan Proclamation from an international legal perspective, as well as the possible impact of action taken by the United States in fashioning its EEZ on the stability of the EEZ concept internationally.     

Vietnam's national interests and the law of the sea

This article explores the relationship between Vietnam's national interests and the international law of the sea. Vietnam's national interests in the marine sphere include defense (the maintenance of a maritime buffer); international relations (enhancing its regional position through joint development and favorable resolution of boundary and fisheries disputes); and economics (stimulating development of its maritime resources). Although ratification of the 1982 Law of the Sea Convention would be somewhat disadvantageous to Vietnam's maritime defense strategy, many provisions would promote Vietnam's interests. Moreover, ratification and implementation of the Convention would signal Vietnam's support for international law and its desire to “rejoin”; the community of Southeast Asian nations. It might also encourage resolution of its boundary disputes, thus opening new areas to resource exploration and development by foreign companies.     

The 1987 law of yugoslavia on the coastal sea and the continental shelf

Abstract

This article analyzes the recent Yugoslav legislation on the regime of internal waters, the territorial sea, and the continental shelf which was initiated by the ratification of the Law of the Sea (LOS) Convention on behalf of Yugoslavia on November 27, 1985. The highlights of the 1987 law are the clauses strengthening the national security interests in the internal waters of Yugoslavia, the repair of foreign ships in domestic shipyards, the introduction of the system of prior notification of foreign warships entering the territorial waters, and the extension on the continental shelf of sovereign rights over archeological and historical objects. It is maintained that the law has failed to incorporate the novelties of the LOS Convention such as the proclamation of the Yugoslav exclusive economic zone (EEZ) in the Adriatic Sea and the reestablishment of its contiguous zone.     

Oil interests and the law of the sea: The case of the philippines

Abstract

In March 1976, after almost eighty years of unsuccessful oil exploration in the Philippines, a significant quantity of oil was discovered offshore and northwest of the island of Palawan in the South China Sea. Subsequent development of a commercially producing oil field there has stimulated renewed interest and investment in the development of her indigenous oil potential, both offshore and onshore.

National interest in oil has become so great that the Philippines has intensified exploration efforts in highly disputed areas of the South China Sea, based on minimal geological evidence of hydrocarbon potential there, and despite strong protests from the other nations that hold conflicting territorial claims in that region. These efforts have been accompanied by extension of Philippine claims, occupation, and control over marine territory and resources in the disputed area. The Philippine bases for these actions are reviewed and several scenarios are explored as to how the Philippine oil interests may influence the resolution of boundary conflicts thus created.     

New concepts in the law of the sea

Abstract

Current ocean law negotiations reflect conflicts between two old and competing approaches: the view that the coastal state should control activities in any large adjacent ocean area, and the view that most of the ocean should be left open to the free use of all nations. Both approaches are laissez‐faire, leave the distribution of benefits to arbitrary factors, and are based on national exclusivity. In the negotiations this conflict is exhibited in competing claims regarding navigation, mineral resources, fishing, environmental protection, and strategic uses. A possible resolution has emerged in the concept of the whole ocean as a common resource of humankind, according to which no individual state has a right to benefit from the ocean except pursuant to arrangements sanctioned by the community, and rights to benefit are determined not arbitrarily but by membership in the community. The regime now likeliest to be produced by such an approach includes (1) a narrow territorial sea and various navigation guarantees, (2) a wide coastal band coupling coastal state managerial functions with permanent international prerogatives, and (3) purely international manage‐ment of the deep seabed.     

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.     

Ocean energy and the law of the sea: The need for a protocol

Although fossil fuels are the overwhelming source of energy for the world, and will continue to be so for the foreseeable future, demographic, environmental, political, and economic factors indicate that interest in alternative, renewable sources of energy will grow. There is a need for both global and national policies on ocean energy management. In particular, coastal states and the energy industry would benefit from guidelines that helped to create a predictable, stable environment in which long‐term, high‐cost research, development, and investment decisions could be made with confidence. Coastal states have jurisdiction over the maritime zones most relevant to energy production, but many lack the expertise and funds to develop this potential source. Industry must operate within the control of coastal states and will not be served well by a plethora of differing legal interpretations and unilaterally imposed restrictions and obligations from state to state. An Ocean Energy Protocol to the 1982 UN Convention on the Law of the Sea would afford governments and industry the opportunity to clarify their respective obligations and address particular interests for mutual benefit.     

Marine scientific research and the new law of the sea

U.S. policy is to encourage freedom of marine scientific research (MSR). This article compares the legal regimes governing the conduct of MSR under the 1958 Geneva Conventions on the Law of the Sea and the 1982 UN Convention on the’ Law of the Sea, which is approaching universal acceptance, and distinguishes MSR from survey activities. It argues that, notwithstanding the erosion of the physical areas of the ocean in which there is freedom of MSR under the Law of the Sea Convention, it provides mechanisms for states’ parties to obtain compliance by coastal states with their duties to grant consent, in normal circumstances, for MSR projects in the exclusive economic zone (EEZ) or on the continental shelf, and to establish rules and procedures ensuring that such consent will not be delayed or denied unreasonably. It also suggests establishment of a national marine scientific research program analogous to the U.S. Freedom of Navigation Program.     

The United States and the revision of the 1982 convention on the law of the sea

Abstract

It may now be possible to breach the 1982 Law of the Sea Convention impasse. The UN Secretary‐General's informal consultations have opened realistic discussions on the deep seabed regime. Many important changes have occurred since the Convention was signed. Dramatic developments have taken place in the international community. Nations now appreciate the limited potential of deep seabed mining. While United States reliance on customary law provides some benefits, other more important U.S. interests cannot be protected absent entry into force of the Convention with widespread participation. Many alternative procedures are available to forge an accommodation. The approach taken in the Secretary‐General's consultations is to make specific changes in deficient articles. Alternatively, the present regime might be jettisoned in favor of a framework regime. Such a regime would preserve only the essential basic policies of the Convention's seabed regime. It would contain a system for constructing a viable mining system if a deep seabed regime is needed.     

The riparian community of north-west European lowland streams

• 1 Riparian plant communities along lowland streams have been affected by man for the past 15000 years. During this period climatological changes have also taken place. The present situation in north-west Europe is a result of these influences so that the choice of reference situations is necessarily arbitrary.
• 2 Dominant abiotic factors that influence riparian vegetation are local hydrology and soil composition, and the pH, lime content and nutrient concentration of the feeding ground water.
• 3 Riparian plant communities are described as phytosociological units. Depending on abiotic characteristics, sequences from spring to lower course and from the stream bank to the boundaries of the stream valley are reported. The Pruno-Fraxinetum association is, and has been for thousands of years, one of the main riparian vegetation types of (lowland) streams.
• 4 In many European countries, restoration projects are being performed or planned. One of the restoration measures is the planting of trees or shrubs along streams as buffer strips. A phytosociological approach, based on knowledge of the local hydrology and nutrient/ion availability, is better by far than the general practice of standard plantation. Such an approach requires research in advance, which increases the initial costs of projects, but can be expected to provide far better results in the long term, and ultimately save money.

     

Antarctica and the law of the sea: An introductory overview

Abstract

This article examines the potential for conflict between the Antarctic Treaty regime and the Convention recently produced by the Third United Nations Conference on the Law of the Sea. Should the UNCLOS III Convention enter into force, at least six issue‐areas seem susceptible to future controversy in Antarctic waters, namely (1) seaward territorial limits; (2) resource management and conservation; (3) local environment protection; (4) marine scientific research; (5) deep seabed mining; and (6) archipelagic‐island regimes. Accordingly, each issue‐area is assessed as to its relevance for the Southern Ocean vis‐a‐vis the Antarctic Treaty parties, with a particular view towards signaling possible problems which involve conflict of interest and overlapping jurisdiction.