The United States and the Treaty Law of the Sea

The United States and the Treaty Law of the Sea

HENRY REIFF
Copyright Date: 1959
Edition: NED - New edition
Pages: 464
https://www.jstor.org/stable/10.5749/j.ctttt9m3
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  • Book Info
    The United States and the Treaty Law of the Sea
    Book Description:

    The entire period of the Republic is covered in this account of United States participation in treaties which seek to regulate peacetime use of the sea, its resources, and the air space over it. Noting a revival of maritime interest in America, Professor Reiff describes current uses and abuses of the sea with respect to transportation, communications, exploitation of products and energy, waste disposal, and recreation. He relates developments in economies, technology, social science, and the natural sciences to the expanding web of treaty law, and reports some of the discussion and actions which took place at the United Nations Conference on Sea Law in the spring of 1958.

    eISBN: 978-1-4529-3705-2
    Subjects: Law

Table of Contents

  1. Front Matter
    (pp. [i]-[viii])
  2. Table of Contents
    (pp. [ix]-2)
  3. CHAPTER I FOCUS ON THE SEA
    (pp. 3-17)

    The interest of the American people in the sea has fluctuated from generation to generation since colonial times.¹ At the moment there is a revival of interest reminiscent of that which flourished almost exactly a century ago, in the decade preceding the outbreak of the Civil War.² How has this come about? What does it portend for the future of America? The first question is far easier to answer than the second.

    After the Civil War, with the problem of competition between free labor and slave labor in the West settled, America devoted itself to expansion westward. The merchant fleet...

  4. CHAPTER II USE AND ABUSE OF THE SEA
    (pp. 18-72)

    Before proceeding with an examination of the record of participation by the United States in the multipartite agreements which have sought and which seek to regulate use of the sea, it is desirable to take stock of the contemporaneous uses of the sea. Like the physical aspects, they are numerous and diverse.

    It is possible, and for present purposes necessary, to distinguish between those uses and activities which have a primary relationship to the sea and those which have an ancillary, or secondary, relationship. The primary relationship involves uses and activities which have fairly direct contact with the sea; the...

  5. CHAPTER III FROM INDEPENDENCE TO THE GREAT WAR: UNFOLDING INTEREST IN TREATY LAW FOR THE SEA
    (pp. 73-135)

    Perhaps, one day some forward-looking foundation will sponsor the preparation of a comprehensive history and appraisal of the relation of the United States to the sea, as from time to time other monumental works of scholarship have been sponsored, such as the preparation of the papers of Franklin, Jefferson, the Adams family, and Madison. More nearly analogous would be the preparation of the comprehensive history of the Supreme Court made possible by the bequest of the late Justice Oliver Wendell Holmes to the United States. Such a survey of the relation of the United States to the sea would reveal...

  6. CHAPTER IV BETWEEN THE GREAT WARS: PROGRESS IN REGIMES FOR THE SEA
    (pp. 136-197)

    It is evident from the preceding discussion of the period 1776–1919 that the groundwork had been laid in the United States for an expanding participation in international regimes relating to the sea — in terms of administrative organization, national legislation, scientific interest, a developing merchant marine, sentiment for conservation, alert private pressure groups,¹ and an official disposition to assume commitments of a multipartite character. In that period the United States had taken the initiative in the establishment of several important international agencies under treaty and under other types of constituent instruments. It had assumed commendable leadership in several organizations....

  7. CHAPTER V EXPANSION IN TREATY LAW FOR THE SEA SINCE WORLD WAR II: TRANSPORTATION AND COMMUNICATIONS
    (pp. 198-260)

    Never before in history in any comparable period have so many conferences on such a variety of subjects been held and so many multipartite agreements concluded or international institutions established as in the few brief years since the conclusion of World War II. Indeed, the war had hardly begun in 1939, when the United States and other great powers were already planning the reconstruction of international society, insofar as the formulation of national policy, exploratory international “conversations,” and the devising of new organizations could contribute to that end.¹ Before the hostilities had ended, great new or rebuilt organizations had already...

  8. CHAPTER VI EXPANSION IN TREATY LAW FOR THE SEA SINCE WORLD WAR II: HEALTH, RESOURCES, AND OTHER DEVELOPMENTS
    (pp. 261-376)

    In the discussion of international administration thus far, it should have been apparent how often domestic difficulties have led to solutions at the international level and, conversely, how often international legislative and administrative activities have necessitated changes internal to a national state in order to assure success for the desired international program. Both of these propositions are demonstrated vividly in the field of health.

    It was found in the decades immediately preceding World War II that “older methods of quarantine were rapidly become obsolescent with the increasing rapidity of travel and that eradication of disease by attacking it at its...

  9. APPENDIX I. PROCLAMATIONS BY PRESIDENT TRUMAN, SEPTEMBER 28, 1945
    (pp. 379-380)
  10. APPENDIX II. CHECKLIST OF TREATIES PERFECTED BY THE UNITED STATES CITED HEREIN
    (pp. 381-393)
  11. BIBLIOGRAPHY
    (pp. 394-426)
  12. INDEX
    (pp. 427-451)