Beyond the Law of the Sea: New Directions for U.S. Oceans Policy

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Greenwood Publishing Group, 1997 - History - 229 pages
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The 1982 U.N. Convention of the Law of the Sea took over a decade to produce and was the final result of the largest single international negotiating process undertaken before or since that time. As the world's leading maritime nation, the U.S. has vital, immediate, national interests in the Convention and in the continuing refinement of maritime law based upon the tenets of that comprehensive document. The present work describes in detail the concurrent development of international law and the law of the sea, the complex negotiating process that resulted in the completed Convention, the role of the U.S. both during the Law of the Sea Convention and during the decade of negotiation that finally made the Convention acceptable, and policy directions and issues for the U.S. in the post-Convention environment. This is an important new text in international law, international relations, and maritime affairs.

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Contents

INTRODUCTION
1
THE LAW OF THE SEA AND INTERNATIONAL LAW
7
THE UNITED STATES AND THE LAW OF THE SEA NEGOTIATIONS
19
THE LAW OF THE SEA NEGOTIATING PROCESS ENDGAME TREATY REJECTION BY THE UNITED STATES
45
THE INTERVENING YEARS AND TREATY RATIFICATION
59
CHANGES IN THE US POSITION WHY THE UNITED STATES SAID YES
73
IMPLICATIONS OF A RATIFIED TREATY WHERE THE UNITED STATES STANDS Now
97
POLICY DIRECTIONS FOR THE UNITED STATES IN THE LAW OF THE SEA
115
PROCLAMATION 5030 EXCLUSIVE ECONOMIC ZONE OF THE UNITED STATES OF AMERICA 10 MARCH 1983
191
LETTER FROM THE SECRETARIES OF STATE AND DEFENSE TO SENATOR PELL WASHINGTON DC 28 JULY 1994
193
LETTER OF TRANSMITTAL
195
KEY FEATURES OF THE LAW OF THE SEA CONVENTION
199
NATIONAL POLLUTION CONTROL LEGISLATION
201
INTERNATIONAL POLLUTION CONTROL AGREEMENTS
203
NATIONAL MARINE AND COASTAL RESOURCES LEGISLATION
207
INTERNATIONAL FISHERIES AGREEMENTS
209

OCEANS POLICY ISSUES WHAT THE UNITED STATES MUST Focus ON
143
MAKING UNITED STATES OCEANS POLICY
173
PRESIDENTS OCEAN POLICY STATEMENT 10 MARCH 1983
187
SELECTED BIBLIOGRAPHY
211
INDEX
221
Copyright

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Page 21 - Having concern for the urgency of conserving and prudently utilizing its natural resources, the Government of the United States regards the natural resources of the subsoil and sea bed of the continental shelf beneath the high seas but contiguous to the coasts of the United States as appertaining to the United States, subject to its jurisdiction and control.
Page 35 - The Commission considers that international law does not permit an extension of the territorial sea beyond twelve miles.
Page 101 - State, or in any other manner in violation of the principles of international law embodied in the Charter of the United Nations...
Page 188 - This will provide United States jurisdiction for mineral resources out to 200 nautical miles that are not on the continental shelf. Recently discovered deposits there could be an important future source of strategic minerals.
Page 26 - The sea-bed and ocean floor, and the subsoil thereof, beyond the limits of national jurisdiction (hereinafter referred to as the area), as well as the resources of the area, are the common heritage of mankind.
Page 25 - Under no circumstances, we believe, must we ever allow the prospects of rich harvest and mineral wealth to create a new form of colonial competition among the maritime nations. We must be careful to avoid a race to grab and to hold the lands under the high seas. We must ensure that the deep seas and the ocean bottoms are, and remain, the legacy of all human beings.
Page 15 - I shall base my argument on the following most specific and unimpeachable axiom of the Law of Nations, called a primary rule or first principle, the spirit of which is self-evident and immutable, to wit: Every nation is free to travel to every other nation, and to trade with it.
Page 151 - States in the exclusive economic zone 1. In the exclusive economic zone, all States, whether coastal or land-locked, enjoy, subject to the relevant provisions of this Convention, the freedoms referred to in article 87 of navigation and overflight and of the laying of submarine cables and pipelines...
Page 187 - Convention also contains provisions with respect to traditional uses of the oceans which generally confirm existing maritime law and practice and fairly balance the interests of all States.

About the author (1997)

CAPTAIN GEORGE V. GALDORISI is Chief of Staff in U.S. Navy's Cruiser Destroyer Group 3. He holds degrees from the United States Naval Academy, the Naval Postgraduate School, the University of San Diego, and the Naval War College.

CAPTAIN KEVIN R. VIENNA is with the U.S. Navy's Judge Advocate General's Corps. He holds degrees from the United States Naval Academy, the College of William and Mary, the University of Southern California, and the University of Virginia.

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