Chapter 7 Janis text

Chapter 7 Janis text - Chapter 7: International...

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Chapter 7 : International Organizations and Regimes: o International regimes: o Short of international organizations, but more structured than naked rules of international law, are international regimes o “All sets or norms of behavior and of rules and policies which cover any international issue, and facilitate substantive or procedural arrangements among the States they address” o have traditionally covered territories known as res communis, international jurisdictions set by custom or by treaty that vest all states with similar rights and duties (oceans, skies, Antarctica, territories regulated by states, or the international community) o now, it is recognized that there may be a call for international regimes not only over common spaces, but also over national territory when activities have a global effect, most notably on the international environment o 1. The Law of the Sea o traditional law of the sea was based in part on ancient maritime codes, such as the Rhodian Sea Law, and the Rules of Oleron, and the Consolato del Mare o 1608— Mare Liberum , Grotius advanced what became a widely accepted fundamental principle: that the high seas, that is, oceans apart from narrow coastal zones, should be open to the ships of all states, an argument he based on the “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” o 20 th and 21 st centuries Law of the Sea has been shaped by individual nations seeking to enlarge their own maritime jurisdictions, often underscoring traditional high seas freedoms Challenge arose from realizing resources of the sea were depletable (fish, oil, gas, hard minerals) states began to carve up international maritime regime o The race to divide the oceans to control economic resources began in 1945, when the US in the Truman Proclamation asserted its sovereign jurisdiction over the oil and gas beneath the country’s offshore continental shelf, an underwater plateau extending in many places hundreds of miles out to sea careful to stipulate that national claims to the mineral resources of the continental shelf in no way affected or provided precedent for limiting other high seas freedoms but Chile soon claimed a 200-mile territorial sea, arguing that since it has no appreciable offshore oil and gas reserves, it was entitled to appropriate fishing resources instead US quick to protest the Chilean claim because it failed, “with respect to fishing, to accord appropriate and adequate recognition to the rights and interests of the US in the high seas”, other Latin American states endorsed the concept of a 200- mile territorial sea o By 1970, Argentina, Brazil, Chile, Ecuador, El Salvador, Nicaragua, Panama, and Peru had joined in the Montevideo Declaration Claiming their right to establish the limits of their maritime sovereignty and
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This note was uploaded on 03/26/2012 for the course POL 382 taught by Professor Staff during the Fall '11 term at Miami University.

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Chapter 7 Janis text - Chapter 7: International...

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