This article examines the constitutionality of President Ronald Reagan’s 1988 Proclamation extending the U.S. territorial sea from three-to-twelve nautical miles, along with the question whether a proviso disclaiming any effect upon federal or state law is effective absent congressional approval. The article further examines resulting ambiguities with respect to ocean management in the new territorial sea, and urges coastal states to push for legislation to clarify the nature of this zone.
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Following a decade since privatisation during which attempts at introducing competition for water services have been slow and somewhat ineffective, the government is now carrying out a review. Large-volume users have a thirst for water competition brought about by competition in other utilities. The economic regulator needs to allow a new contestable market for industrial water services to develop whilst major structural and legislative changes to facilitate competition are contemplated.
Abstract North-east Asia does not have a formal maritime regime, and has had to deal with its many conflicts in an ad hoc and pragmatic fashion. The region has three significant conflicts over the sovereignty of islands, numerous unresolved maritime boundary disputes, and confrontational military situations in the Korean Peninsula and the Taiwan Strait. Despite these deep differences, the strong-willed countries of this region have been able to work together to reach bilateral agreements regarding the exploitation of resources. Their fishery agreements have been creative and constructive, and zones of shared exploitation and development have been established where appropriate. The countries of the region now need to seek long-term solutions in order to provide a stable maritime regime, and to deal with the serious environmental problems of their ocean areas. The United States has been a de facto member of this region, because of its role in providing a military balance, and might be able to help mediate some of the festering disputes that interfere with the ability of the countries of North-east Asia to work constructively together.
This chapter contains sections titled: Abstract The 1982 United Nations Law of the Sea Convention The 1995 Straddling and Highly Migratory Fish Stocks Agreement The 2000 Honolulu Convention Allocation Options How Should States Be Rewarded for Good Behavior? Should States Be Punished for Misbehaving? Evolving into a Rights-Based System Summary and Conclusions Endnotes References
The regional seas programmes have been considered to be brown organizations because of their focus on pollution, in contrast to the modern green approach that examines all aspects of ocean areas through integrated ecosystem management. United Nations Environment Programme (UNEP) helps member states of the regional programmes meet regularly to discuss their regional concerns, and to adopt and implement appropriate management measures for their marine environments. The Arctic, East Asian Seas, North-West Pacific, and South Asian Seas programmes have never adopted binding conventions, and two other regions have also lagged in this area Panama is the sole country to have ratified the convention for the North-East Pacific, and the Abidjan Convention for West Africa has been ratified by only 14 of the 22 nations in the region. The East Asian regional seas programmes have been particularly underfunded and lackluster in their projects and activities. Keywords:ecosystem management; marine environments; regional seas programmes; United Nations Environment Programme (UNEP)
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