The exclusive economic zone
Abstract The exclusive economic zone (EEZ) derives from the 1945 Truman proclamation on the continental shelf, though it has earlier antecedents. The new placement of about one-third of the sea under national jurisdiction has enormous implications. The benefits of the new maritime zone, for example, will not be shared equally by all coastal states, and the land-locked states lose completely resources to which they once had free access. The rights of the coastal state within its EEZ are considerable, and its obligations much fewer. The EEZ provisions in the 1982 UN Convention on the Law of the Sea (UNCLOS III) represent a balancing of interests, as does the system of dispute settlement specified in the Convention. The United States has not signed the Treaty on the grounds, among others, that the common heritage principle, which calls for sharing the resources under the high seas, goes against the fundamental principles of free enterprise, and that US corporations would have to give up potential profits without gaining any advantage in return. Such criticism is unsound for a number of reasons. The US claims that all of the Treaty's provisions, except for those on seabed mining, are already customary international law, but even if this were true in principle, the particular detailed provisions are probably binding only by agreement. The US cannot claim rights under the Treaty if it refuses to become a party to it, including the EEZ.
The new law of the sea and the pacific basin
Abstract The UN Convention on the Law of the Sea is indispensable for the well‐being of the states, especially the new island states, of the Pacific Basin. Since the Treaty will be signed at Caracas in December 1982, it is important to anticipate its impact in the Pacific Region area. The article examines the need for a new ocean law to replace the old law of the Geneva Conventions. It argues that exploitation of manganese nodules in the “Area”; will be legal only under the rules of Part XI of the Convention and that the principles of the Common Heritage of Mankind are now part of customary law. Finally, the seaward expansion of Pacific states authorized in the new treaty both necessitates, and provides an opportunity for, coordinated planning for the management of ocean resources and usages.
SCANNING EUROPEAN ADVANCES IN THE USE OF RECYCLED MATERIALS IN HIGHWAY CONSTRUCTION
Recycled materials that have suitable engineering, environmental, and economic properties can be used as substitutes for natural aggregates or materials in the construction of highway infrastructure. These recycled materials are either recovered materials from the transportation sector or secondary or byproduct materials from the industrial, municipal, or mining sectors. Since the 1970s, a number of countries in Europe have been routinely using recycled materials with a high degree of success. The most remarkable thing about the European experience is that the recycling rate of materials in the highway environment frequently reaches 100%. In recognition of recent developments on all levels and the growing interest within the U.S. highway community, a team of U.S. recycling practitioners visited Denmark, France, Germany, the Netherlands, and Sweden to observe research, policies, and programs promoting the use of recycled materials in the highway environment within those countries. Of particular interest to the scanning team were the economic, engineering, and environmental approaches that enable the high recycling rates and the successes seen in those countries. All of the countries had some sort of sustainability policy in which recycling was an integral part. The U.S. delegation is now working with their respective constituencies to promote recommendations from their summary and final reports. To further promote technology transfer and to start reducing barriers, a demonstration project is planned for the fall of 2000 in Houston, Texas.