California Western School of Law

International Law Journal, California Western

CALIFORNIA WESTERN
INTERNATIONAL LAW JOURNAL
VOLUME 10 SUMMER 1980 NUMBER 3
CONTENTS
ARTICLES
Special Claims Impacting Upon Marine
Pollution Issues at the Third U.N.
Conference on the Law of the Sea
John Warren Kindt ............................................ 397
This article examines the recent extensions of jurisdiction over ocean space,
focusing on claims relating to fisheries jurisdiction and protection of the marine
environment. It begins by examining the "process of claim" and looking at the
historical development of jurisdictional extensions. The author then examines
the United States enactment of the Fishery Conservation and Management Act
(FCMA) of 1976, showing how it violates international law and harms long
term United States ocean policy. Claims based on protection of the marine en-
vironment are then examined, with the author concluding that if an acceptable
treaty is not forthcoming at the Law of the Sea Conference, there will be a rash
of claims extending jurisdiction based on protection of the marine environment.
Human Rights Revisited:
The Protection of Human Rights
Under the International Covenant
on Civil and Political Rights
M atthew Lippman ............................................. 450
The United Nations Universal Declaration of Human Rights has been in
operation for some thirty years. This article represents a scholarly discussion of
its success and includes a review of the International Covenant on Civil and
Political Rights and the Civil and Political Covenant. The article provides a
detailed analysis of the development of human rights under customary interna-
tional law and then launches into a detailed consideration of the Declaration of
Human Rights. The consideration includes a discussion of the negotiations,
who the parties involved were, and the views later taken by scholars on the
subject. The Human Rights Committee, the body charged with implementing
the Human Rights provisions is then analyzed in detail. Again the author ob-
serves the negotiations and the views of scholars regarding the Committee. Fi-
nally, the author surveys scholars views on the overall operation of human
rights instruments and concludes that apathy and ineffectual sanctions leave
human rights in the same position they were in thirty years ago.
1
International Law Journal: Table of Contents
Published by CWSL Scholarly Commons, 1980
FACULTY AND ADMINISTRATION OF
CALIFORNIA WESTERN SCHOOL OF LAW
ROBERT K. CASTETTER, B.A., LL.B., J.D., LL.M., LL.D., Dean, School of Law,
Professor of Law
EDWARD A. APPLBAUM, B.B., J.D., Lecturer in Law
DENNIS S. AVERY, B.A., J.D., M.B.A., Assistant Dean and Placement Director
PERRY B. BACH, B.A., B.S., M.D,, Lecturer in Law
JOHN S. BRADWAY, A.B., LL.B., M.A., LL.D., L.H.D., Professor of Law, Emeritus
RICHARD C. BROWN, A.B., LL.B., J.D., Associate Professor of Law
WILLIAM E. BURBY, A.B., J.D., LL.D., Professor of Law, Emeritus
ARTHUR W. CAMPBELL, A.B., J.D., LL.M., Associate Professor of Law
JON P. CHESTER, B.S., J.D., Lecturer in Law
THOMAS A. COYNE, A.B., J.D., Professor of Law (on Leave)
MAURICE L. CULP, A.B., A.M., LL.B., S.J.D., Assistant Dean and Professor of Law
JOHN R. DE BARR, B.A., J.D., Associate Professor of Law
ROBERT J. DURHAM, JR., B.A., M.A., PH.D., J.D., Lecturer in Law
ROBERT J. FREDRICK, A.B., J.D., Professor of Clinical Litigation
GEORGE N. GAFFORD, A.B., LL.B., J.D., Professor of Law
MURRAY L. GALINSON, B.A., J.D., PH.D., Professor of Law (on Sabbatical)
BARBARA T. GAMER, A.B., J.D., Associate Professor of Law
PETER W. GROSS, B.A., LL.B., Associate Professor of Law
STEVEN J. HARTWELL, B.S.L., LL.B., Lecturer in Law
HON. EDWARD A. INFANTE, A.B., J.D., Adjunct Professor of Law
MARILYN J. IRELAND, B.A., J.D., Associate Professor of Law
EDWARD L. KANE, B.A., J.D., LL.M., Lecturer in Law
MAYNARD 0. KARTVEDT, B.S., J.D., Lecturer in Law
CHIN KIM, LL.B., LL.M., J.S.D., M.S., Professor of Law and Director of Law Library
JOHN G. KOLB, B.A., J.D., Visiting Professor of Law
S. HOUSTON LAY, A.B., J.D., LL.M., Professor of Law
JAMES E. LEAHY, J.D., LL.M., Professor of Law
LAWRENCE D. LEE, B.A., J.D., LL.M., Professor of Law
PENN LERBLANCE, B.A., M.A., J.D., Associate Professor of Law
WILLIAM C. LYNCH, A.B., LL.B., LL.M., Associate Professor of Law
ROBERT G. MEINERS, A.B., LL.B., LL.M., Professor of Law
R. LOWELL MILLER, A.B., J.D., LL.D., Professor of Law, Emeritus
CARROLL C. MORELAND, B.S., A.B., J.D., Professor of Law and Law Librarian,
Emeritus
STEPHEN NEWNHAM, B.A., J.D., Lecturer in Law
MICHAEL D. O'KEEFE, B.A., J.D., Professor of Law and Vice Dean
ALAN R. PERRY, LL.B., Lecturer in Law
RICHARD A. PETERSON, LL.B., Lecturer in Law
JOHN W. RAGSDALE, JR., B.A., J.D., LL.M., S.J.D. Candidate, Associate Professor of
Law
KATHARINE ROSENBERRY, B.A., M.Ed., J.D., Assistant Professor of Law
JAMES SCHMID, B.A., J.D., LL.M., Lecturer in Law
GLEN A. SPEARMAN, B.A., M.S.T., J.D., Associate Professor of Law
RONALD L. STYN, B.A., LL.B., Lecturer in Law
HON. CLIFFORD WALLACE, B.A., J.D., Lecturer in Law
HON. LEWIS A. WENZELL, B.A., J.D., LL.M., Lecturer in Law
WAYNE T. WESTLING, A.B., J.D., Associate Professor of Law (on Leave)
RICHARD L. YOUNG, B.A., J.D., Associate Professor of Law
JACK REYNOLDS, Assistant Dean and Director of Development
HOWARD C. SMITH, Business Manager
BARBARA COSTLEY, Registrar
MICHAEL FLANAGAN, Financial Aid Officer
2
California Western International Law Journal, Vol. 10, No. 3 [1980], Art. 1
https://scholarlycommons.law.cwsl.edu/cwilj/vol10/iss3/1
COMMENTS
Jurisdiction Beyond 200 Miles:
A Persistent Problem
M ichael D. M orin ............................................. 514
Closing the Barndoor:
A Suggested United States Response to
International Restrictions on Foreign
Acquisition of Agricultural Land
Terry L. Schm idt .............................................. 536
BOOK REVIEWS
China, The United Nations, and World Order
Tae lin K ahng ................................................ 572
Copyright, Defamation, and Privacy in Soviet Civil Law
Donald D . Barry .............................................. 577
The Criminal Justice System of the U.S.S.R.
Eugene D. Fryer .............................................. 581
BOOKS RECEIVED ............................................ 583
3
International Law Journal: Table of Contents
Published by CWSL Scholarly Commons, 1980
Cite as 10 CALIF. W. INT'L L.J. 000 (1980)
The CALIFORNIA WESTERN INTERNATIONAL LAW JOURNAL is published three times
annually at the California Western School of Law, 350 Cedar Street, San Diego, California
92101.
Domestic subscriptions are $9.00 per year, foreign subscriptions are $11.00 per year,
single issues are $3.50, and reprints of individual articles are $1.50 each. Periodical exchange
agreements are available on a current subscription basis only. Subscriptions are renewed
automatically unless timely notification of cancellation is received from the subscriber. Issue
receipt is presumed unless notification to the contrary is received within sixty days of the
subsequent issue mailing date.
Subscriptions and single issues from volumes seven through ten and a limited supply of
reprints of individual articles may be obtained, at standard cost, by mailing a request, with
payment enclosed, to:
Office Manager
CALIFORNIA WESTERN INTERNATIONAL LAW JOURNAL
350 Cedar Street
San Diego, California 92101, U.S.A.
Complete sets and single issues from volumes one through six may be obtained by mail-
ing a request to:
FRED B. ROTHMAN & CO.
10386 West Centennial Road
Littleton, Colorado 80123, U.S.A.
© 1980 by Calfornia Western School of Law
4
California Western International Law Journal, Vol. 10, No. 3 [1980], Art. 1
https://scholarlycommons.law.cwsl.edu/cwilj/vol10/iss3/1


English

Kindt, John Warren

Special Claims Impacting Upon Marine Pollution Issues at the Third U.N. Conference on the Law of the Sea

CALIFORNIA WESTERN
INTERNATIONAL LAW JOURNAL
VOLUME 10 WINTER 1980 NUMBER 1
CONTENTS
ARTICLES
Multilateral Treaties: The Significance of
the Name of the Instrument
John King Gamble, Jr. ........................................
This article focuses on all multilateral treaties entered into force between
1919 and 1971 to discover the significance, if any, of the names of those treaties.
The author presents the views of international legal authorities regarding the
legal effect of the name of the instrument and then employs a macroscopic anal-
ysis of state practice to seek empirical differences in differently named instru-
ments. The author uses contingency tables to discern a correlation between the
characteristics of multilateral treaties and their differing names. The five most
commonly used instrument names - treaty, convention, agreement, protocol,
and exchange of notes - are analyzed in relation to seven specific treaty attrib-
utes. The author concludes that "a broader, more thorough understanding of
treaties has been hindered by reiterations about the legal insignificance of the
name of the instrument, obscuring the fact that there may be very important
empirical differences between instruments with different names. . . differences
that reveal much about how states exercise their latitude in naming the instru-
ments of multilateral treaties."
The Nepal Proposal for a Common Heritage
Fund: Panacea or Pipedream?
W illiam C. Lynch .............................................. 25
This article is a reply to an article appearing in the Summer 1979 issue,
authored by Professor John L. Logue, entitled The Nepal Proposal/or a Com-
mon Heriage Fund. Acknowledging the idealistic appeal of the Nepal Propo-
sal, which would require each coastal state to contribute a percentage of the
revenue realized from the exploitation of offshore seabed minerals to an inter-
national fund to be used to aid developing nations, the author disagrees with the
Proposal, asserting that it overlooks the major political and legal developments
in the law of the sea over the last three decades. The author asserts that the
principle of coastal state control over resources within a 200-mile zone was es-
tablished in state practice before the first session of the United Nations Confer-
ence on the Law of the Sea. The author examines the statements of the
developing and developed countries' representatives to the Third United Na-
1
International Law Journal: Table of Contents
Published by CWSL Scholarly Commons, 1980
FACULTY AND ADMINISTRATION OF
CALIFORNIA WESTERN SCHOOL OF LAW
ROBERT K. CASTETTER, B.A., LL.B., J.D., LL.M., LL.D., Dean, School of Law,
Professor of Law
EDWARD A. APPLBAUM, B.B., J.D., Lecturer in Law
DENNIS S. AVERY, B.A., J.D., M.B.A., Assistant Dean and Placement Director
PERRY B. BACH, B.A., B.S., M.D., Lecturer in Law
JOHN S. BRADWAY, A.B., LL.B., M.A., LL.D., L.H.D., Professor of Law, Emeritus
RICHARD C. BROWN, A.B., LL.B., J.D., Associate Professor of Law
WILLIAM E. BURBY, A.B., J.D., LL.D., Professor of Law, Emeritus
ARTHUR W. CAMPBELL, A.B., J.D., LL.M., Associate Professor of Law
JON P. CHESTER, B.S., J.D., Lecturer in Law
THOMAS A. COYNE, A.B., J.D., Professor of Law (on Leave)
MAURICE L. CULP, A.B., A.M., LL.B., S.J.D., Assistant Dean and Professor of Law
JOHN R. DE BARR, B.A., J.D., Associate Professor of Law
ROBERT J. DURHAM, JR., B.A., M.A., PH.D., J.D., Lecturer in Law
ROBERT J. FREDRICK, A.B., J.D., Professor of Clinical Litigation
GEORGE N. GAFFORD, A.B., LL.B., J.D., Professor of Law
MURRAY L. GALINSON, B.A., J.D., PH.D., Professor of Law (on Sabbatical)
BARBARA T. GAMER, A.B., J.D., Associate Professor of Law
PETER W. GROSS, B.A., LL.B., Associate Professor of Law
STEVEN J. HARTWELL, B.S.L., LL.B., Lecturer in Law
HON. EDWARD A. INFANTE, A.B., J.D., Adjunct Professor of Law
MARILYN J. IRELAND, B.A., J.D., Associate Professor of Law
EDWARD L. KANE, B.A., J.D., LL.M., Lecturer in Law
MAYNARD 0. KARTVEDT, B.S., J.D., Lecturer in Law
CHIN KIM, LL.B., LL.M., J.S.D., M.S., Professor of Law and Director of Law Library
JOHN G. KOLB, B.A., J.D., Visiting Professor of Law
S. HOUSTON LAY, A.B., J.D., LL.M., Professor of Law
JAMES E. LEAHY, J.D., LL.M., Professor of Law
LAWRENCE D. LEE, B.A., J.D., LL.M., Professor of Law
PENN LERBLANCE, B.A., M.A., J.D., Visiting Associate Professor of Law
WILLIAM C. LYNCH, A.B., LL.B., LL.M., Visiting Associate Professor of Law
ROBERT G. MEINERS, A.B., LL.B., LL.M., Professor of Law
R. LOWELL MILLER, A.B., J.D., LL.D., Professor of Law, Emeritus
CARROLL C. MORELAND, B.S., A.B., J.D., Professor of Law and Law Librarian,
Emeritus
STEPHEN NEWNHAM, B.A., J.D., Lecturer in Law
MICHAEL D. O'KEEFE, B.A., J.D., Professor of Law and Vice Dean
ALAN R. PERRY, LL.B., Lecturer in Law
RICHARD A. PETERSON, LL.B., Lecturer in Law
JOHN W. RAGSDALE, JR., B.A., J.D., LL.M., S.J.D. Candidate, Associate Professor of
Law
KATHARINE ROSENBERRY, B.A., M.Ed., J.D., Assistant Professor of Law
JAMES SCHMID, B.A., J.D., LL.M., Lecturer in Law
GLEN A. SPEARMAN, B.A., M.S.T., J.D., Lecturer in Law, Visiting Assistant Professor
of Law
RONALD L. STYN, B.A., LL.B., Lecturer in Law
HON. CLIFFORD WALLACE, B.A., J.D., Lecturer in Law
HON. LEWIS A. WENZELL, B.A., J.D., LL.M., Lecturer in Law
WAYNE T. WESTLING, A.B., J.D., Associate Professor of Law (on Leave)
RICHARD L. YOUNG, B.A., J.D., Associate Professor of Law
JACK REYNOLDS, Assistant Dean and Director of Development
HOWARD C. SMITH, Business Manager
BARBARA COSTLEY, Registrar
MICHAEL FLANAGAN, Financia/Aid Officer
2
California Western International Law Journal, Vol. 10, No. 1 [1980], Art. 1
https://scholarlycommons.law.cwsl.edu/cwilj/vol10/iss1/1
tions Conference on the Law of the Sea (UNCLOS I1) to refute Professor
Logue's contention that the developed countries could have forestalled the in-
corporation of the 200-mile Exclusive Economic Zone in the Informal Compos-
ite Negotiating Text. The author reviews the history of continental shelf law
and analyzes its current status to suggest that coastal states have a legal right to
refuse to share continental shelf resources as contemplated by the Nepal Propo-
sal. The author concludes that the lack of realism in the Nepal Proposal may be
harmful to a successful conclusion to UNCLOS Ill, by raising hopes that will be
unrealized.
COMMENTS
China, Modernization, and Sino-United States
Trade: Will China Submit to Arbitration?
George Burke Hinman ......................................... 53
Mexican Transmigration: A Case for the
Application of International Law
Samuel W. Bettwy ............................................ 92
Skyjacking and the Bonn Declaration of 1978:
Sanctions Applicable to Recalcitrant Nations
M ark E. Fingerman ........................................... 123
BOOK REVIEWS
The Law and Practice Relating to Oil
Pollution From Ships
by David W. Abecassis
S. H ouston Lay ............................. ................. 153
Enery Future
edited by Robert Stobaugh & Daniel Yergin
The Politics of Energy
by Barry Commoner
Richard I Goldsmith & William C Banks ...................... 157
BOOKS RECEIVED ............................................ 186
3
International Law Journal: Table of Contents
Published by CWSL Scholarly Commons, 1980
Cite as 10 CALIF. W. INT'L L.J. 000 (1980)
The CALIFORNIA WESTERN INTERNATIONAL LAW JOURNAL is published three times
annually at the California Western School of Law, San Diego, California 92010.
Domestic subscriptions are $9.00 per year, and foreign subscriptions are $11.00 per year.
Periodical exchange agreements are available on a current subscription basis only. Subscrip-
tions are renewed automatically unless timely notification of cancellation is received from
the subscriber. Issue receipt is presumed unless notification to the contrary is received within
sixty days of the subsequent issue mailing date.
Subscriptions and single issues from volumes seven through ten may be obtained, at
standard cost, by mailing a request, with payment enclosed, to:
Office Manager
CALIFORNIA WESTERN INTERNATIONAL LAW JOURNAL
350 Cedar Street
San Diego, California 92101, U.S.A.
Complete sets and single issues from volumes one through six may be obtained by mail-
ing a request to:
FRED B. ROTHMAN & CO.
10386 West Centennial Road
Littleton, Colorado 80123, U.S.A.
© 1980 by Calfornia Western School of Law
4
California Western International Law Journal, Vol. 10, No. 1 [1980], Art. 1
https://scholarlycommons.law.cwsl.edu/cwilj/vol10/iss1/1


Hinman, George Burke

China, Modernization, and Sino-United States Trade: Will China Submit to Arbitration?

Leibowitz, Arnold H.

America Samoa: Decline of a Culture

Maki, Linda J.

General Principles of Human Rights Law Recognized By All Nations: Freedom From Arbitrary Arrest and Detention

CALIFORNIA WESTERN
INTERNATIONAL LAW JOURNAL
VOLUME 10 SPRING 1980 NUMBER 2
CONTENTS
ARTICLES
The Irrelevance of International Law:
The Schism between International Law
and International Politics
Francis A . Boyle .............................................. 193
This article examines the genesis of international political science as an
independent intellectual endeavor following the Second World War and docu-
ments the schism that developed between international lawyers and interna-
tional political scientists. The author explores the historical reasons for the
schism, examines the development of "political realism," and discusses subse-
quent developments in international political science that reaffirmed the disci-
pline's contention that international law is irrelevant to international politics.
The author states that a reintegration of international legal studies and interna-
tional political science can and must occur, so that the two groups can pursue
common objectives in unison. The author rejects McDougal-Lasswell jurispru-
dence as unsuitable to achieve the desired reunification and concludes by sug-
gesting a five-step approach that could optimize the role of international law in
international crises and thus resolve the problem concerning the irrelevance of
international law to international politics.
American Samoa:
Decline of a Culture
Arnold H . Leibowitz ........................................... 220
This article examines the deterioration of the traditional Samoan way of
life that has resulted from Samoa's relationship with the United States. The
author focuses on two traditional Samoan institutions - the maiai (chief) sys-
tem and the land tenure system. The article examines these venerable institu-
tions and discusses the factors that have contributed to their deterioration: the
"Americanization" of Samoan political institutions; the King v. Andrus case - a
judicial contribution to that Americanization; and educational and economic
considerations that have served to undermine traditional Samoan culture. The
author argues that despite United States attempts to preserve the Samoan way
of life, the efforts have only deterred the speed at which the deterioration is
taking place and that the demise of American Samoan culture appears to be
unavoidable.
General Principles of Human Rights Law
Recognized by All Nations: Freedom
from Arbitrary Arrest and Detention
Linda J. M aki ................................................. 272
This article attempts to define general principles of law recognized by all
1
International Law Journal: Table of Contents
Published by CWSL Scholarly Commons, 1980
FACULTY AND ADMINISTRATION OF
CALIFORNIA WESTERN SCHOOL OF LAW
ROBERT K. CASTETrER, B.A., LL.B., J.D., LL.M., LL.D., Dean, School of Law,
Professor of Law
EDWARD A. APPLBAUM, B.B., J.D., Lecturer in Law
DENNIS S. AVERY, B.A., J.D., M.B.A., Assistant Dean and Placement Director
PERRY B. BACH, B.A., B.S., M.D., Lecturer in Law
JOHN S. BRADWAY, A.B., LL.B., M.A., LL.D., L.H.D., Professor of Law, Emeritus
RICHARD C. BROWN, A.B., LL.B., J.D., Associate Professor of Law
WILLIAM E. BURBY, A.B., J.D., LL.D., Professor of Law, Emeritus
ARTHUR W. CAMPBELL, A.B., J.D., LL.M., Associate Professor of Law
JON P. CHESTER, B.S., J.D., Lecturer in Law
THOMAS A. COYNE, A.B., J.D., Professor of Law (on Leave)
MAURICE L. CULP, A.B., A.M., LL.B., S.J.D., Assistant Dean and Professor of Law
JOHN R. DE BARR, B.A., J.D., Associate Professor of Law
ROBERT J. DURHAM, JR., B.A., M.A., PH.D., J.D., Lecturer in Law
ROBERT J. FREDRICK, A.B., J.D., Professor of Clinical Litigation
GEORGE N. GAFFORD, A.B., LL.B., J.D., Professor of Law
MURRAY L. GALINSON, B.A., J.D., PH.D., Professor of Law (on Sabbatical)
BARBARA T. GAMER, A.B., J.D., Associate Professor of Law
PETER W. GROSS, B.A., LL.B., Associate Professor of Law
STEVEN J. HARTWELL, B.S.L., LL.B., Lecturer in Law
HON. EDWARD A. INFANTE, A.B., J.D., Adjunct Professor of Law
MARILYN J. IRELAND, B.A., J.D., Associate Professor of Law
EDWARD L. KANE, B.A., J.D., LL.M., Lecturer in Law
MAYNARD 0. KARTVEDT, B.S., J.D., Lecturer in Law
CHIN KIM, LL.B., LL.M., J.S.D., M.S., Professor of Law and Director of Law Library
JOHN G. KOLB, B.A., J.D., Visiting Professor of Law
S. HOUSTON LAY, A.B., J.D., LL.M., Professor of Law
JAMES E. LEAHY, J.D., LL.M., Professor of Law
LAWRENCE D. LEE, B.A., J.D., LL.M., Professor of Law
PENN LERBLANCE, B.A., M.A., J.D., Associate Professor of Law
WILLIAM C. LYNCH, A.B., LL.B., LL.M., Associate Professor of Law
ROBERT G. MEINERS, A.B., LL.B., LL.M., Professor of Law
R. LOWELL MILLER, A.B., J.D., LL.D., Professor of Law, Emeritus
CARROLL C. MORELAND, B.S., A.B., J.D., Professor of Law and Law Librarian,
Emeritus
STEPHEN NEWNHAM, B.A., J.D., Lecturer in Law
MICHAEL D. O'KEEFE, B.A., J.D., Professor of Law and Vice Dean
ALAN R. PERRY, LL.B., Lecturer in Law
RICHARD A. PETERSON, LL.B., Lecturer in Law
JOHN W. RAGSDALE, JR., B.A., J.D., LL.M., S.J.D. Candidate, Associate Professor of
Law
KATHARINE ROSENBERRY, B.A., M.Ed., J.D., Assistant Professor of Law
JAMES SCHMID, B.A., J.D., LL.M., Lecturer in Law
GLEN A. SPEARMAN, B.A., M.S.T., J.D., Associate Professor of Law
RONALD L. STYN, B.A., LL.B., Lecturer in Law
HON. CLIFFORD WALLACE, B.A., J.D., Lecturer in Law
HON. LEWIS A. WENZELL, B.A., J.D., LL.M., Lecturer in Law
WAYNE T. WESTLING, A.B., J.D., Associate Professor of Law (on Leave)
RICHARD L. YOUNG, B.A., J.D., Associate Professor of Law
JACK REYNOLDS, Assistant Dean and Director of Development
HOWARD C. SMITH, Business Manager
BARBARA COSTLEY, Registrar
MICHAEL FLANAGAN, Financial/Aid Officer
2
California Western International Law Journal, Vol. 10, No. 2 [1980], Art. 1
https://scholarlycommons.law.cwsl.edu/cwilj/vol10/iss2/1
nations, focusing on human rights law. The author examines the procedural
municipal law of states - laws that protect an accused from arbitrary arrest and
detention - as a source of general principles of human rights law. The author
uses three sources of municipal law: comments made by countries to the United
Nations Commission on Human Rights Draft Articles on the right to liberty
and security of person in regard to arrest and detention; statements made by
countries in regard to Article 9 of the Universal Declaration of Human Rights,
which states that no one shall be subject to arrest, detention, or exile; and consti-
tutions. The author formulates four summarized principles and tests the accept-
ance of these principles by comparing them with these three sources of
municipal law. The author states that by examining and comparing the munici-
pal laws of countries, common denominators among legal systems can be identi-
fied which can be considered general principles of law recognized by all nations.
The author proposes that such an approach can further the development and
codification of international law.
The United Kingdom-France
Continental Shelf Arbitration
J. G. M errills ................................................... 314
In 1975, after failing to agree on the boundaries of their continental shelf in
the English Channel and eastern Atlantic, France and the United Kingdom re-
ferred the matter to arbitration. This article examines the Court of Arbitration's
1977 Judgment, the 1978 Judgment (Interpretation), which was delivered after
the United Kingdom had requested a clarification of certain issues concerning
the 1977 Judgment, and discusses the implications of the two Judgments for
future continental shelf delimitation. The author discusses the arbitral debate
concerning the applicable law, the court's delimitation decisions, and the dis-
pute regarding the scope and meaning of the 1977 Judgment. The author is
critical of the court's shortcomings which made the 1978 Interpretation neces-
sary, but concludes that the court clarified many of the issues regarding conti-
nental shelf delimitation and that the United Kingdom - France arbitration is
a constructive contribution to the law of the sea and a reminder of the value of
international adjudication.
COMMENT
The Logan Act of 1799:
May It Rest in Peace
Curtis C Simpson, III ......................................... 365
BOOK REVIEW
International Management of Tuna,
Porpoise, and Billfish
by James Joseph & Joseph W. Greenough
August Felando ............................................. .. 386
BOOKS RECEIVED ............................................ 390
3
International Law Journal: Table of Contents
Published by CWSL Scholarly Commons, 1980
Cite as 10 CALIF. W. INT'L L.J. 000 (1980)
The CALIFORNIA WESTERN INTERNATIONAL LAW JOURNAL is published three times
annually at the California Western School of Law, 350 Cedar Street, San Diego, California
92101.
Domestic subscriptions are $9.00 per year, foreign subscriptions are $11.00 per year,
single issues are $3.50, and reprints of individual articles are $1.50 each. Periodical exchange
agreements are available on a current subscription basis only. Subscriptions are renewed
automatically unless timely notification of cancellation is received from the subscriber. Issue
receipt is presumed unless notification to the contrary is received within sixty days of the
subsequent issue mailing date.
Subscriptions and single issues from volumes seven through ten and a limited supply of
reprints of individual articles may be obtained, at standard cost, by mailing a request, with
payment enclosed, to:
Office Manager
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© 1980 by California Western School of Law
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California Western International Law Journal, Vol. 10, No. 2 [1980], Art. 1
https://scholarlycommons.law.cwsl.edu/cwilj/vol10/iss2/1


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The Logan Act of 1799: May It Rest in Peace

Lippman, Matthew

Human Rights Revisited: The Protection of Human Rights Under the International Covenant on Civil and Political Rights

Morin, Michael D.

Jurisdiction Beyond 200 Miles: A Persistent Problem

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Table of Contents

Special Claims Impacting Upon Marine Pollution Issues at the Third U.N. Conference on the Law of the Sea

Table of Contents

China, Modernization, and Sino-United States Trade: Will China Submit to Arbitration?

America Samoa: Decline of a Culture

General Principles of Human Rights Law Recognized By All Nations: Freedom From Arbitrary Arrest and Detention

Table of Contents

The Logan Act of 1799: May It Rest in Peace

Human Rights Revisited: The Protection of Human Rights Under the International Covenant on Civil and Political Rights

Jurisdiction Beyond 200 Miles: A Persistent Problem

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