California Western School of Law

Papas, Pamela G.

English

Immigration as an Intra-Company Transferee and the Pitfall of the California Unitary Tax

Salom, Don Eric

The United States Claim to Wrangel Island: The Dormancy Should End

International Law Journal, California Western

CALIFORNIA WESTERN
INTERNATIONAL LAW JOURNAL
VOLUME 11 SUMMER 1981 NUMBER 3
CONTENTS
ARTICLES
Legal Issues Confronting the Exploitation of
Renewable Sources of Energy From the Oceans
Stephen L. Joseph ............................................. 387
With the shift in global energy resource usage from primarily oil to alterna-
tive sources, some envisage the oceans as being possible contributor. Ocean
energy sources encompass the thermal gradient waves, currents, tides, salinity
gradient, biomass, offshore winds and geothermal resources. The most impor-
tant international law issues in this area include: I) who has authority over the
siting of ocean energy structures and vessels, and 2) who has the right to exploit
energy resources in particular areas of ocean space. Whether or not a new Law
of the Sea treaty results from UNCLOS III, it is possible for international law-
yers to project the kind of legal regime which may prevail in the future. With
international law conventions and customary international law as a backdrop,
the author presents a number of general propositions and concludes that the
international legal situation although presented with national law problems, is
on the whole very favorable for projected ocean energy exploitation.
Key International Legal Issues with Regard to
Ocean Thermal Energy Conversion Systems
W M . Reism an ................................................ 425
Professor Reisman was commissioned by the United Nations Conference
on New and Renewable Sources of Energy (UNERG) to prepare this report as a
companion piece to Mr. Joseph's report. Although much of the technology for
Ocean Thermal Energy Conversion (OTEC) systems has yet to be developed
and current uses remain undefined, OTEC's rapid development makes an ex-
amination of the legal issues surrounding this technique of energy harvesting
both necessary and urgent. This report provides a comprehensive overview of
the key legal issues likely to arise from the development and deployment of
OTEC systems. These include development of a law making process for OTEC
activities, regulation of the system in different ocean jurisdictional zones, juris-
dictional evasions and environmental and related tort issues. The author offers
a model for future inquiry into the competance to make law for OTEC. He
concludes that the time is ripe for serious consideration of a comprehensive and
systematic regime for OTEC and that a draft should be prepared by a commit-
tee of experts and thereafter an international conference convened.
1
International Law Journal: Table of Contents
Published by CWSL Scholarly Commons, 1981
U.N. General Assembly Resolutions and International Law:
Rethinking the Contemporary Dynamics of Norm-creation
Christopher C. Joyner .......................................... 445
The international community is presently passing through a revolutionary
time when many of its traditional norms and values are being seriously ques-
tioned. The aim of this article is threefold: 1) to assess the current mandated
province within which the General Assembly is legally capable of contributing
to the formulation of international law, as well as the law-making process; 2) in
doing so, to ascertain the coeval legal nature of the General Assembly resolu-
tions by determining whether their legal status has undergone any salient trans-
formation over the past three decades, and 3) to evaluate whether formal
pronouncements adopted by the General Assembly actually have furnished sig-
nificant contributions to the contemporary corpus of international law. The au-
thor concludes that while General Assembly resolutions are not ipsofacto new
sources of international law, they can contribute to the normative process of
law-creation by crystallizing both customary behavior and general principles
into law within a comparatively short timespan. Moreover, formal recommen-
dations by the General Assembly embody persuasive authority as indicators of
the world community's legal desires at a particular time.
The Soviet Union and Human Rights Legislation:
The Shcharansky Case
Ger P. Van Der Berg
William B. Simons ............................................ 479
The Soviet Union is a signatory to several international conventions for the
protection of human rights--the most important of which are the International
Covenant on Civil and Political Rights and the Helsinki Final Act of the Con-
ference on Security and Co-operation in Europe. In light of these international
Conventions, this article reviews three aspects of the Anatoly Shcharansky
Case: the right to leave one's country, the principle of a fair hearing and the
freedom of expression. The authors conclude that the Soviet Union has not yet
implemented into domestic legislation the use of international norms and obli-
gations under the International Human Rights Conventions to which they are
signators.
COMMENT
The Status of Interim Measures of the International
Court of Justice After the Iranian-Hostage Crisis
Peter H aver ................................................... 515
NOTE
The Case Concerning United States Diplomatic
and Consular Staff in Tehran
Valerie J M unson ............................................. 543
2
California Western International Law Journal, Vol. 11, No. 3 [1981], Art. 8
https://scholarlycommons.law.cwsl.edu/cwilj/vol11/iss3/8
BOOK REVIEW
Transnational Terrorism:
A Chronology of Events, 1968-1979
by Edward F. Mickolus
Dr. Richard C. Clark .......................................... 569
BOOKS RECEIVED ............................................ 578
3
International Law Journal: Table of Contents
Published by CWSL Scholarly Commons, 1981
CALIFORNIA WESTERN
INTERNATIONAL LAW JOURNAL
VOLUME 11 SUMMER 1981 NUMBER 3
1980-81
BOARD OF EDITORS
Editor-in-Chief
MICHAEL D. MORIN
Executive Editor
TERRY L. SCHMIDT
Head Lead Articles Editor
PHILIP KEITH YACHMETZ
Lead Articles Editors
VINCENT P. BELOTSKY, JR.
CHRISTOS J. DIKTAS
NADA J. FARLESS
JEFFERI HAMILTON
Managing Editor
PETER H. SCHMIDT
Book Reviews Editor
JAMES R. ROGERS
Head Notes & Comments Editor
PAMELA G. PAPAS
Notes & Comments Editors
GLEN M. KREBS
KEVIN M. SANDKUHLER
Associate Editors
JACQUELINE R. BRESSERS
ROBERT A. BRUNO
WENDY G. DEWITr
MARK EDWARD FINGERMAN*
JAMES R. FRYMAN*
DON ERIC SALOM
JEFF P. SMITH*
CHRIS J. ALLRED
RONALD SCOTT BIENSTOCK
ROBERT P. CANGE
MARY CELESTE DOTY
GARY A. ENSOR
ALAN L. GERACI
STAFF
BOBBY GENE GLASER
G. RAYMOND GOODWIN
MARK BENJAMIN
KAUFMANN
DUANE WILLIAM LAYTON
JOANN LUCANIK
SCOTT MARGULES
NANCEE SUE SCHWARTZ
GARY SHINAVER
JACK M. SLEETH, JR.
BYRON DEAN WALTHER
JEROLD L. WEINBERG
Faculty Advisor
S. HOUSTON LAY
Professor of Law
Contributing Lead Articles Editor
Office Manager
RHONDA SUE LEACH
4
California Western International Law Journal, Vol. 11, No. 3 [1981], Art. 8
https://scholarlycommons.law.cwsl.edu/cwilj/vol11/iss3/8


Haver, Peter

The Status of Interim Measures of the International Court of Justice After the Iranian-Hostage Crisis

Van Den Berg, Ger P.

Simons, William B.

The Soviet Union and Human Rights Legislation: The Shcharansky Case

Hahn, Elliott J.

The Rights of Newspaper Reporters and the Public Welfare Standard in Japan

Wan, Timothy Haosen

A Comparative Study of Foreign Investment Laws in Taiwan and China

Belotsky, Vincent P., Jr.

The Effect of the Diplomatic Relations Act

Joyner, Christopher C.

U.N. General Assembly Resolutions and International Law: Rethinking the Contemporary Dynamics of Norm-Creation

Reisman, W. M.

Key International Legal Issues With Regard to Ocean Thermal Energy Conversion Systems