Natl Security Law - Marine Environment

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philoking
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78217
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Natl Security Law - Marine Environment
Updated:
2011-04-08 01:18:44
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law national security
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DEEP SEABED MINING, PROTECTING THE MARINE ENVIRONMENT,MARINE SCIENTIFIC RESEARCH, MILITARY SURVEYS
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  1. the exclusive rights of a Coastal State diminish and the inclusive rights of other nations increase as you move closer to the shore? (T/F)
    False. As you move closer to the shore, the inclusive rights of the coastal state increase and the exclusive rights of other nations decrease.
  2. PADI
    PADI stands for Professional Association of Diving Instructors.
  3. why did the US object to Part XI of LOS Convention?
    because the treaty was unfavorable to U.S. economic and security interests.
  4. ISA
    International Seabed Authority
  5. National jurisdiction over the seabed normally leaves off at how many miles?
    200 nautical miles (370 km) seaward from baselines running along the shore,
  6. what is the seabed jurisdiction exception?
    a state can claim up to 350 nautical miles (650 km) if it can demonstrate that its continental shelf is naturally prolonged beyond 200 nm.
  7. how are maritime boundaries between states decided?
    by bilateral agreement, not by ISA.
  8. Are there maps or graphics annexed to the convention to delineate the area?
    No.
  9. Resources Definition
    include “all solid, liquid, or gaseous mineral resources in situ in the Area at or beneath the seabed. Article 133 (a).
  10. what is considered the "Common Heritage of Mankind"? (Article 136)
    Deep seabed resources are “the common heritage of mankind.”
  11. can states claim or exercise sovereignty or sovereign rights over any part of the Area or its resources? (Art 137)
    No. States Cannot Claim Exclusivity over any part of the Area or its resources.

    ” (Article 137, paragraph 1)
  12. how must activities in the area be carried out? (Art 141)
    Benefit of Mankind

    “Activities in the area shall ... be carried out for the benefit of mankind as a whole and “exclusively” for “peaceful purposes (Article 141).
  13. Part XI of UNCLOS establishes regarding seabed mining?

    (#1)
    Permitting requirements;
  14. Part XI of UNCLOS establishes regarding seabed mining?(#2)
    Fees and taxes on seabed mining;
  15. Part XI of UNCLOS establishes regarding seabed mining?(#3)
    Ban on mining absent ISA approval;
  16. Part XI of UNCLOS establishes regarding seabed mining?(#4)
    Mandatory technology transfer to developing states.
  17. why hasnt deep seabed mining generated revenue?
    • Cost Prohibitive
    • Deep seabed mining has not generated the revenues hoped for largely because such activities remain cost prohibitive.
  18. Reasons US Opposed Part XI (Deep Seabed Mining) of the LOS treaty (#1)
    The provision was contrary to free market principles
  19. Reasons US Opposed Part XI (Deep Seabed Mining) of the LOS treaty (#2)
    the decision-making body would be dominated by developing countries and the United States was not guaranteed a seat on the Council
  20. Reasons US Opposed Part XI (Deep Seabed Mining) of the LOS treaty (#3)
    The seabed mining provisions could be amended and become binding on the United States without our consent,
  21. Reasons US Opposed Part XI (Deep Seabed Mining) of the LOS treaty (#4)
    future revenues from the deep seabed could be distributed to national liberation movements over our objections.
  22. Reasons US Opposed Part XI (Deep Seabed Mining) of the LOS treaty (#5)
    it did not give the United States and other states with major economic interests in seabed mining a voice in decision-making commensurate with their interests.
  23. who was prez when the US objected to Part XI of UNCLOS (Deep Seabed Mining)
    Reagan
  24. Part XI Changed in 3 ways (#1).
    US could have influence over future decisions on Seabed Mining
  25. Part XI Changed in 3 ways (#2).
    The mining regime is based on free-market principles
  26. Part XI Changed in 3 ways (#3).
    US could block decisions on substantive issues
  27. Environmental protection areas (#1)
    Pollution abatement and control (e.g. prohibiting dumping of waste materials);
  28. Environmental protection areas (#2)
    Resource conservation (e.g. wildlife protection).
  29. which article provides for the protection of Marine Mammals?
    Marine Mammals (Art 65)

    The convention provides for the protection of Marine Mammals
  30. Sources of Pollution (VLADS) (#1)
    Vessels (other than military and government)
  31. Sources of Pollution (VLADS) (#2)
    land based (Articles 207 and 213);
  32. Sources of Pollution (VLADS) (#3)
    atmospheric (Article 212)
  33. Sources of Pollution (VLADS) (#4)
    dumping (Articles 210, 216).
  34. Sources of Pollution (VLADS) (#5)
    seabed (Articles 208 and 209);
  35. what article indicates that states have the obligation to protect and preserve the marine environment?
    Marine Protection Duty (Art 192)
  36. what is the Natural Resources Prerogative articulated in (Art 193)?
    States have the sovereign right to exploit their natural resources pursuant to their environmental policies and in accordance with their duty to protect and preserve the marine environment. (Emphasis added.)
  37. are states required to prevent, reduce and control pollution?
    yes. Pollution Prevention (Art 194)

    States are required to prevent, reduce and control pollution.
  38. Pollution control and abatement measures are to be based on the needs of the manufacturing industry? (T/F)
    False. Pollution control and abatement measures are to be based on science. Art 194
  39. what environmental mitigaton strategy is emphasized?
    Control & Abatement

    The emphasis is on the control and abatement of pollution.
  40. Marine Pollution Definition (Art 1(1)(4))
    the introduction by man, directly or indirectly, of substances or energy into the marine environment” likely to be harmful.
  41. Types of Marine Pollutants (#1)
    BOATRS - P
    Bio-stimulants (e.g., fertilizers and hormones)
  42. Types of Marine Pollutants (#2)
    BOATRS - P
    Oil and oily wastes
  43. Types of Marine Pollutants (#3)BOATRS - P
    Air pollution from vessels and land sources
  44. Types of Marine Pollutants (#4)BOATRS - P
    Toxins and pathogens
  45. Types of Marine Pollutants (#5) BOATRS - P
    Radioactive materials
  46. Types of Marine Pollutants (#6) BOATRS - P
    Sediments, sludge, and sewage
  47. Types of Marine Pollutants (#7) BOATRS - P
    Plastics and other non-biodegradable wastes
  48. Other Types of Marine Pollutants [SAT] (#1)
    Sound (Noise is an anthropogenic term)
  49. Other Types of Marine Pollutants [SAT] (#2)
    Alien or invasive species
  50. Other Types of Marine Pollutants [SAT] (#3)
    thermal
  51. Bioaccumulation
    this process works to concentrate toxic materials, such as DDT, other poisons, dangerous chemicals, and even nuclear isotopes.
  52. Bioaccumulation Process Explicated
    In the food chain, the zoo plankton become food for the larvae of fish, which are eaten by small fish, which are consumed by birds and larger fish, which are then eaten by large predator fish, such as tuna, cod, salmon, and swordfish.

    • The bioaccumulation effect is that the poisons are largely retained each step of the way. As the larger fish consumes the smaller, the toxins are retained and concentrated in its body.
    • By the time we eat a can of tuna or fresh salmon that we have purchased from a store, therefore, there is generally at least some measurable level of toxic material in it.
  53. Oil tanker grounded off Prince William Sound and spilled a lot of oil in 1991?
    Exxon Valdez (1991)
  54. what was the effect of the Exxon Valdez oil spill?
    Sparked a environmental protection movement
  55. after exxon valdez, what kind of tankers carry oil from Alaska to refineries in Washington State and California?
    Double-Hull Ships

    only state-of-the-art American-flagged tankers carry oil from Alaska to refineries in Washington State and California.
  56. Oil Spill Removal Tactics (Deep Water Horizon) [CDR] (#1)
    (1) to contain it on the surface, away from the most sensitive areas,
  57. Oil Spill Removal Tactics (Deep Water Horizon) [CDR] (#2)
    (2) to dilute and disperse it into less sensitive areas
  58. Oil Spill Removal Tactics (Deep Water Horizon) [CDR] (#3)
    (3) to remove it from the water.
  59. where did the USGS find intersex fish in 2005?
    Intersex Fish

    In 2005 the U.S. Geological Survey found that nearly all of the male smallmouth bass in Potomac tributaries exhibited abnormal characteristics.
  60. what is believed to be the cause of the intersex fish?
    The cause is believed certain chemicals and pesticides stimulate estrogen production. Also, estrogen from discarded birth control pills and in human waste may contribute to the problem. Similar “gender benders” have been found in San Diego Bay.
  61. what is a suggested cause for early puberty in girls?
    Puberty in Girls

    Puberty in girls is starting earlier, some suggest it may be due to pollution
  62. Important Environmental Protection Agreements (#1)
    1972 London [Dumping] Convention
  63. Important Environmental Protection Agreements (#2)
    1996 London Dumping Convention Protocol
  64. Important Environmental Protection Agreements (#3)
    MARPOL
  65. Environmental Controls Exemptions (Vessels) (#1)
    military ships
  66. Environmental Controls Exemptions (Vessels) (#2)
    other government vessels used for non-commercial
  67. how many parties to the London Dumping Convention?
    86 parties to the Convention




    the parties are obligated to prohibit the dumping of any waste or material not listed in Annex 1 (“the reverse list.

    The reverse list contains very benign waste. (e.g. industrial fish processing waste.

    Requires permitting of ocean dumping.
  68. what does the London Dumping Convention cover?
    covers the deliberate disposal at sea of wastes and other materials from vessels, aircraft and platforms.
  69. what DOESN'T the London Dumping Convention address?
    Does not address land based dumping or wastes associated with normal vessel operation. 1996 Protocol
  70. does the London Dumping Convention codify the "polluter pays principle?"
    yes, the Convention adopts the “polluter pays principle.”
  71. the London Convention does NOT codify the "precautionary principle"?
    False. the Convention does codifies the “precautionary principle".
  72. what has been the effect of MARPOL?
    has significantly contributed to marine pollution abatement.
  73. are most Marine Environment conventions self-executing?
    Self-Executing

    The 1982 Convention and most of the other conventions designed to protect the marine environment are not self-executing.
  74. what article deals with the enforcement of Pollution Regs?
    Enforcement of Pollution Regs (Art 217)
  75. what is the primary means of enforcement of pollution regs?
    Art 217 of the UNCLOS. This is the primary means of enforcement of pollution regs
  76. what is the flag state's duty under Art 217?
    Flag state must investigate incidents of environmental pollution.
  77. what can states mandate as a condition of port entry?
    Condition of Port Entry

    as a condition of port entry states can insist that vessels calling upon their ports agree on the use of pilots and tug boats.
  78. how must states regard vessels engaged in innocent passage?
    Innocent Passage

    States cannot hamper the right of innocent passage
  79. what does the convention say about the regulation of marine mammals?
    Marine Mammals (Art 65)

    States can regulate marine mammals more severely than provided by the convention
  80. what is the method used to determine conservation and management methods?
    Best Scientific Evidence (Art 61)

    The coastal State must take into account the best scientific evidence available to it,
  81. what is the purpose of the conservation and management program?
    to ensure that the maintenance of living resources in the [EEZ] is not endangered by over exploitation.
  82. is there a provision that deals with maintaining or restore populations of harvested species?
    yes. Living Resources (Art 119)

    [T]ake measures which are designed to maintain or restore populations of harvested species.
  83. what is the Precautionary principle?
    f an action or policy has a suspected risk of causing harm to the public or to the environment, in the absence of scientific certainty that the action or policy is harmful, the burden of proof that it is not harmful falls on those taking the action.
  84. when did the precautionary principle gain traction?
    UN Rio Conf 1992
  85. Two categories of environmental laws and regulations (#1)
    Environmental planning (e.g. NEPA and Executive Order 12114); and
  86. Two categories of environmental laws and regulations (#2)
    Substantive (e.g. The Marine Mammal Protection Act and Endangered Species Act.)
  87. MMPA
    Marine mammal Protection Act
  88. ESA
    Endangered Species Act
  89. Taking Definition under ESA and MMPA
    includes hunting, killing, trapping, capture or collect.
  90. Pure Marine Research
    involves those activities designed merely to advance the state of scientific knowledge.
  91. who usually leads pure marine research exeditions?
    The expeditions are led by researchers from educational institutions,
  92. characteristics of pure research? (#1)
    SECP
    species. identify new species,
  93. characteristics of pure research? [SECP]
    (#2)
    ecosystems. or investigate ecosystems,
  94. characteristics of pure research? [SECP]
    (#3)
    currents. how currents impact on weather patterns.
  95. characteristics of pure research? [SECP]
    (#4)
    published. the results are published.
  96. Applied Research Purpose
    designed to develop economic resources, such
  97. the types economis resources applied research is designed to develop? (#1)
    offshore oil
  98. the types economis resources applied research is designed to develop? (#2)
    natural gas
  99. the types economis resources applied research is designed to develop? (#3)
    fish stock
  100. Entities that conduct applied research (#1)
    oil companies
  101. Entities that conduct applied research (#2)
    government or private fishing experts
  102. are the results of private research published?
    no.
  103. why do entities have to apply to conduct marine scientific research (MSR)?
    Because both sides were engaged in such intelligence-gathering activities, many coastal States were suspicious of any foreign research vessels operating off their coasts at all. As a result, they established rules requiring that they apply for permission to conduct MSR.
  104. under Art 238 states DO NOT have the right to conduct MSR? (T/F)
    False. State have the right to conduct MSR (Art 238)
  105. does the coastal State has complete authority to control MSR within its territorial sea?
    yes. Coastal State Control (Art 245)

    the coastal State has complete authority to control MSR within its territorial sea.
  106. Consent should normally be provided upon proper application to conduct MSR? (T/F)
    true. MSR Consent (Art 246)

    Consent should normally be provided upon proper application,
  107. a state should submit an application to conduct MSR 90 days in advance? (T/F)?
    False. Must be requested 6 months in advance.
  108. what is the rule regarding data sharing of MSR?
    Data Sharing

    that the data and results be shared with the coastal State,
  109. what is the rule regarding coastal state participation in the research?
    Coastal State Participation

    that the coastal State be invited to participate
  110. when can a coastal state withdraw consent to conduct MSR?
    Failure to Comply

    and that any failure to meet reasonable conditions will result in withdrawal of consent.
  111. what happens if the coastal state does not consent within 4 months of the request submitted?
    Consent & 4 months (Art 252)

    If consent is not given within 4 months permission is implied.
  112. does the us impose restrictions on pure research in our EEZ?
    no.

    US MSR Policy does not impose restrictions on pure research in our EEZ.
  113. what must a state do to conduct research in US territorial waters?
    Any foreign requests to conduct MSR within our territorial sea, however, requires consent. (i.e. they must submit a request and it must then be approved).
  114. what are military ocean surveys?
    military ocean surveys

    use of ocean space by the military to gather necessary defense information.
  115. Type of info collected in military ocean surveys TOW (#1)
    Temperature
  116. Type of info collected in military ocean surveys TOW (#2)
    ocean salinity
  117. Type of info collected in military ocean surveys TOW (#3)
    waves
  118. Primary Users of Military Ocean Surveys (#1)
    Subs
  119. Primary Users of Military Ocean Surveys (#2)
    ASW forces
  120. may states conduct syping in intl waters?
    states may engage in spying activities or other intelligence-gathering operations in international waters.
  121. how must states conduct spying and intel ops in intl waters?
    Must be conducted with "due regard"
  122. what actions taken by a foreign state would violate the continental shelf provisions?
    Continental Shelf Violation

    It would be a violation of the continental shelf provisions for a foreign State to drill into the seabed or use explosive devices on the seabed.

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