47. Id. (Judge Eisele's emphasis.) the. See, Mishan, Supra note 10./476. See Hanks & Hanks, supra note 13, at 264. for an analysis of this hypothetical problem. 48. 49. 50. 51. 52. 53. See, supra note 3. Committee for Nuclear Responsibility v. Seaborg, 3 ERC 1126 (D.C. Cir. 1971). For the connotation and significance of Professor Jaffe's development of 3 U.N. GAOR 1, 71, U.S. Doc. A/810 (1948). See also International Covenant MERO, MINERAL RESOURCES OF THE SEA 275, 280 (1965). See also Mero, Review and the Commission's "Panel Reports" 1.e. 1 PANEL REPORTS (1) 32, 3 PANEL REPORTS (VIII) 106-07; and TROEBST, CONQUEST OF THE SEA 180-93 (1962). 55. 56. 57. 58. 59. 60. See 2 PANEL REPORTS (VI) 186; see also id. at (V) 184-85. Technology has not, as yet, put such a process into operation. All benefication or refining processes in operation at present and for the foreseeable future are land-based--being located on shore at a convenient distance from the seabed mine site. But see 2 PANEL REPORTS (VI) 188 where the following recommendation was made: Research on the problem of waste disposal. [U]nwise dumping of the tailings, if not carefully planned, could quickly foul a See, supra note 2, and the text accompanying that, footnoté. See, however Mining Industry Association (Germany), Industrial Assoication The extraction of mineral resources entails the stirring up of the See the quotation from Dr. Roels's testimony on May 12, 1972 before the Subcommittee on Oceanography of the House Committee on Merchant Marine and Fisheries, supra note 2, and the accompanying text. 61. See testimony of Dr. Roels, Hearings on Oceanography Miscellaneous, supra note 2, at 138. 62. SENATE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS & HOUSE COMMITTEE ON SCIENCE AND ASTRONAUTICS. 90th Cong., 2d Sess., CONGRESSIONAL WHITE PAPER ON A NATIONAL POLICY FOR THE ENVIRONMENT (1968). 63. Id. at 2. 64. On the meaning of the term "source of law' see, e.g., 1. OPPENHEIM, 65. See, e.g., the use of equity by Judge Hudson in Diversion of the Waters from the River Meuse, [1937] P.C.I.J. Ser. A/B. No. 70, at 76-79, and 66. the relevance of equitable reliance in connection with the "Ihlen Declaration" in the Status of Eastern Greenland Case, [1933] P.C.I.J. Ser. A/B No. 53 at 69-73. INSTITUTES 4.3; LAWSON, NEGLIGENCE IN CIVIL LAW 80-137 (1950); LAFONTAINE, PASICRISIS INTERNATIONALE 364; LAUTERPACHT, THE FUNCTION OF LAW IN THE INTERNATIONAL COMMUNITY 117-18 (1933). 67. [1927] P.C.I.J. Ser. A, No. 9 at 21. 68. 69. See JOLOWICZ, HISTORICAL INTRODUCTION TO ROMAN LAW 289 (1932). On the reception of the Lex Aquilia in international law see, generally 3.WHITEMAN, DAMAGES IN INTERNATIONAL LAW 838-39 (1943), See also 2 LD, LD. 1529-49(1937). 72. See, Hearings on Oceanography Miscellaneous, at 124-28. 73. See quotation, supra, accompanying footnote 2. 74. For a collection of the draft treaties and proposals submitted to the Committee National Jurisdiction of the United Nations General Assembly see United Nations Articles, U. N. Doc. A/AC. 138/L.10 (mimeo. Jan. 28, 1972). 15. See, OUR NATION AND THE SEA, supra note 53, at 147-51. Senator METCALF. This committee has been holding hearings and yesterday I said we were going to again recall the witnesses from the State Department and from the Department of Interior, and others who are going to attend the Law of the Sea Conference when we return from the August recess. We will ask them how they are getting along with their work and we will welcome any advice from anyone. The next witness has filed a statement which reminds me of an old cliche that we learned, I think, in the first year of law school. When the law is against you, hammer home the facts and when the facts are against you, hammer home the law, and when they are both against you, attack the other counsellor. However, I was never advised that when the law is against you and the facts are against you, attack the judge or the jury. And this, Dr. Stone, has chosen to do in his statement, which is a rather vitriolic attack on the sponsor of this legislation, rather than a statement of fact of law. Dr. Stone has asked that the FAS newsletter on this be incorporated as part of this record, and without objection it will be so incorporated. I have read Dr. Stone's statement. I have talked to him. I see no point in sitting at this hour through an attack on this Senator instead of a constructive and rational approach to the law. His statement will be incorporated in the record as if read and recome a part of this testimony for what it's worth. [The statement and newsletter of Dr. Stone follow:] Dr. Philip Morrison Chairman "Christian B. Anfinsen Herbert Scoville, Jr. Herbert F. York Treasurer National Council Members FEDERATION OF AMERICAN SCIENTISTS TESTIMONY OF THE FEDERATION OF AMERICAN SCIENTISTS Dr. Jeremy J. Stone June 19, 1973 BEFORE THE MINERALS, MATERIALS, FUELS AND MINING INTERIOR AND INSULAR AFFAIRS, U.S. SENATE ON S.1134 PRESENTED BY JEREMY J. STONE, DIRECTOR We wish to thank the Subcommittee and the Chairman for the opportunity to appear today and to express our view on S.1134. Some preliminary remarks may be in order describing our organization, and our interest and concern in this bill. The Federation of American Scientists is a unique organization. to lobby in the public interest. This charter was provided FAS former Government officials of very high rank. FAS is democratically Our national office first became aware of S.1134 earlier in the year. Some of our members characterized the bill in dramatic and we investigated the matter and prepared a special April issue of the FAS Newsletter on the Law of the Sea. If the Chairman please, I request having the Committee record show, at this point, certain relevant parts of the FAS Newsletter, which I will then refer to in order to save the Subcommittee's time. The Federation of American Scientists (FAS) was founded in 1946 as a non-profit civic organization and has a charter that provides for all natural and social scientists and engineers; FAS superseded the then-existing Federation of Atomic Scientists. |