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Beyond the Law of the Sea

New Directions for U.S. Oceans Policy

George V. Galdorisi Kevin R. Vienna

$131

Hardback

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English
Praeger Publishers Inc
20 November 1997
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.
By:   ,
Imprint:   Praeger Publishers Inc
Country of Publication:   United States
Dimensions:   Height: 235mm,  Width: 156mm,  Spine: 17mm
Weight:   539g
ISBN:   9780275957544
ISBN 10:   0275957543
Pages:   248
Publication Date:  
Recommended Age:   From 7 to 17 years
Audience:   College/higher education ,  Professional and scholarly ,  Professional & Vocational ,  A / AS level ,  Further / Higher Education
Format:   Hardback
Publisher's Status:   Active
"Preface Introduction The Law of the Sea and International Law U.S. Oceans Policy and the Law of the Sea Negotiations The Law of the Sea Negotiating Process Endgame The Intervening Years and Treaty Ratification Changes in the United States Position--Why the U.S. Said ""Yes"" Implications of a Ratified Treaty--Where the U.S. Stands Now Policy Directions for the United States in the Law of the Sea Oceans Policy Issues for the United States--What the U.S. Must Focus On Making United States Oceans Policy Appendix 1: President's Ocean Policy Statement, March 10, 1983 Appendix 2: Proclamation 5030, Exclusive Economic Zone of the United States of America, March 10, 1983 Appendix 3: Letter from the Secretaries of State and Defense to Senator Pell, July 28, 1994 Appendix 4: Letter of Transmittal Appendix 5: National Pollution Control Legislation Appendix 6: International Pollution Control Agreements Appendix 7: National Marine and Coastal Resources Legislation Appendix 8: International Fisheries Agreements"

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.

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

[S]erves as a primer for those readers who desire an overview of how law of the sea principles have developed and metamorphosed into an international treaty....It also explains the seemingly incongruous role that the United States has played in crafting the treaty while at the same time refusing to adopt it as a whole. The authors succeed in highlighting the expansive nature of the [1982 United Nations Law of the Sea] Convention and the process that brought it to life. -Ocean Development and International Law The book is an excellent review of this history of US American involvment with the Law of the Sea Convnetion and a readable critique on why the United States should ratify the Ocean Treaty. Specialists will find this book of particular use. -The Northern Mariner This book...is a useful addition to the literature on the subject, especially since it deals with national security and navigational freedom in ways somewhat differently than other LOS books. Students of the 1982 Law of the Sea Convention would be well advised to include this book among those on their bookshelf. -Ocean and Coastal Management [The authors] present a tightly written and argued narrative about the relationship of US oceans policy to law of the sea negotiations. -Choice [A] must read for any student of the history and development of the law of the sea and the 1982 Convention and 1994 Addssnt. ...[It} is relevant to the future of US oceans policy and should be read by anyone with an interest in this vital subject. -Naval Law Review This well-written volume is a superb compilation of law, history, public policy, and international relations as each relates to the world's oceans, with a specific focus on the 1982 Third United Nations Convention on the Law of the Sea. It deserves a place on the bookshelf of every serious mariner and naval strategist. Above all, it is a fascinating, well-organized chronology of the emerging ocean regime and an excellent survey of current ocean policy. -U.S. Naval Institute Proceedings The authors present a tightly written and argued narrative about the relationship of US oceans policy to law of the sea negotiations. -Choice S erves as a primer for those readers who desire an overview of how law of the sea principles have developed and metamorphosed into an international treaty....It also explains the seemingly incongruous role that the United States has played in crafting the treaty while at the same time refusing to adopt it as a whole. The authors succeed in highlighting the expansive nature of the 1982 United Nations Law of the Sea Convention and the process that brought it to life. -Ocean Development and International Law A must read for any student of the history and development of the law of the sea and the 1982 Convention and 1994 Addssnt. ... It} is relevant to the future of US oceans policy and should be read by anyone with an interest in this vital subject. -Naval Law Review ?The book is an excellent review of this history of US American involvment with the Law of the Sea Convnetion and a readable critique on why the United States should ratify the Ocean Treaty. Specialists will find this book of particular use.?-The Northern Mariner ?This book...is a useful addition to the literature on the subject, especially since it deals with national security and navigational freedom in ways somewhat differently than other LOS books. Students of the 1982 Law of the Sea Convention would be well advised to include this book among those on their bookshelf.?-Ocean and Coastal Management ?This well-written volume is a superb compilation of law, history, public policy, and international relations as each relates to the world's oceans, with a specific focus on the 1982 Third United Nations Convention on the Law of the Sea. It deserves a place on the bookshelf of every serious mariner and naval strategist. Above all, it is a fascinating, well-organized chronology of the emerging ocean regime and an excellent survey of current ocean policy.?-U.S. Naval Institute Proceedings ?[The authors] present a tightly written and argued narrative about the relationship of US oceans policy to law of the sea negotiations.?-Choice ?[A] must read for any student of the history and development of the law of the sea and the 1982 Convention and 1994 Addssnt. ...[It} is relevant to the future of US oceans policy and should be read by anyone with an interest in this vital subject.?-Naval Law Review ?The book covers a wide period of time and a wide breadth of ocean issues....[I]n an easily readable style with a minimum of technical and legal jargon....[T]his is perhaps the only general review of the law of the sea that will explain to one newly interested in the subject- in a fair and balanced way-how the United States, and the law of the sea, got to where they are today. The book is both timely and necessary.?-The American Journal of International Law ?[S]erves as a primer for those readers who desire an overview of how law of the sea principles have developed and metamorphosed into an international treaty....It also explains the seemingly incongruous role that the United States has played in crafting the treaty while at the same time refusing to adopt it as a whole. The authors succeed in highlighting the expansive nature of the [1982 United Nations Law of the Sea] Convention and the process that brought it to life.?-Ocean Development and International Law The book covers a wide period of time and a wide breadth of ocean issues....[I]n an easily readable style with a minimum of technical and legal jargon....[T]his is perhaps the only general review of the law of the sea that will explain to one newly interested in the subject- in a fair and balanced way-how the United States, and the law of the sea, got to where they are today. The book is both timely and necessary. -The American Journal of International Law This book reaches beyond and behind the bland legal construction of the 1982 United Nations Convention on the Law of the Sea to reveal its close linkage to the practical uses of the sea by maritime nations....In this well researched and closely reasoned book, Captains Galdorisi and Vienna take the reader on a fascinating journey of discovery of the imperatives of ocean policy for the world's leading maritime power. -Scott Allen, Ph.D Associate Director, Law of the Sea Institute, 1977-1997 The special value in this fine book...lies in [the authors'] sea-level perspective. Unlike the numerous academics, diplomats and pundits who comprise the large majority of those who have publicly engaged in the great debate on the United States' relationship to the 'new international ocean regime, ' these sea-going naval officers give readers the view from the bridge, where the recent revolution in the legal framework for oceanic activities has an everyday real life impact. -Jon L. Jacobson Editor-in-Chief Ocean Development and International Law: The Journal of Maritime Affairs This is an excellent book by two outstanding and knowledgeable Naval experts on modern United States oceans interests. It is particularly good in detailing the ongoing struggle for navigational freedom, the real Common Heritage of Mankind. -John Norton Moore Walter L. Brown Professor of Law & Director, the Center for Oceans Law & Policy This is an excellent study of the international law of the sea from the perspective of experienced naval officers. It offers great insight into the importance of stability and predictability in the international legal order of the oceans to the maintenance of peace in a troubled world. For those who wish to understand the significance of the law of the sea in the post-Cold War environment, this is essential reading. -Bernard H. Oxman Chairman of the Board Law of the Sea Institute This superbly organized and remarkably well researched work provides a compelling national security case for accession by the United States to the 1982 United Nations Convention on the Law of the Sea. The extensive operational law experience of the authors lends special credence to their examination of current and evolving ocean policy issues confronting the international community as it enters the 21st century. A must read for the serious student of the law of the sea. -Richard J. Grunawalt Director, Oceans Law and Policy Department U.S. Naval War College This book combines, in a balanced way, the views of law, history, and policy as they relate to the law of the sea in general, and to the United States participation in this area in particular. This interdisciplinary approach adds depth and detail to the subject and frames the subject superbly for the academic, the policy maker, the researcher, or the practitioner....Beyond the Law of the Sea: New Directions for U.S. Oceans Policy is a critical link in the continuum of the scholarship on the law of the sea. No other work combines the depth of research, focused analysis, and clarity of presentation that this book does. Policy makers, policy analysts, and mariners will all find this book equally valuable. -William L. Schachte, Jr. Rear Admiral, JAGC United States Navy (Retired) For many government officials and academics outside the United States like me, it is not easy to find a book so comprehensive and narrative on the development of the United States policy on the Law of the Sea covering the last four decades. There have been plenty of studies on numerous topics in the United States literatures on the Law of the Sea, but Galdorisi's and Vienna's study was perhaps one of the most comprehensive and thorough, covering practically all the topics that were or are of interests to the United States. It is, simply speaking, a book that must be studies by everyone, particularly by foreigners, in order to understand the United States perspectives. -Dr. Hasjim Djalal, Professor Ambassador-at-Large for the Law of the Sea and Maritime Affairs Memeber of Indonesian National Maritime Council


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