The 

 Law 



Of The Frontier 



In many ways, the oceans are the world s last 

 frontier. As populations multiply, land and food 

 will be scarcer, and nations will likely be compelled 

 to turn to the sea for food, for space, for energy. 



Demands on the oceans have already begun to 

 increase. Huge ocean platforms are being built for 

 oil rigs. The United States is adopting a 200-mile 

 jurisdictional limit to protect already-threatened 

 fisheries resources. 



But the law — the traffic cop, if you will — is hope- 

 lessly behind the times. The traffic cop has rules 

 to govern sailing vessels and the like. (Based on 

 such factors as the shot of a cannon ball, which 

 was the original determinant in the three-mile 

 jurisdictional limit.) But the rules can't handle oil 

 rigs as readily and certainly not numerous, large 

 energy plants out at sea. 



For example, no one is even sure whether or not 

 an ocean energy plant would come under regula- 

 tions governing vessels. Is a mammoth thing out 

 there moored to the bottom by "chains" with links 

 each possibly the size of a submarine really a 

 vessel? 



To try to predict, and perhaps answer, some of 

 the legal questions raised by such plants, the 

 American Society of International Law is partici- 

 pating in a study funded by the federal Energy 

 Research and Development Administration 

 (ERDA) and the National Science Foundation. 

 The hope is that by beginning studies and discus- 

 sions with policy makers now, technology and the 

 law can be developed hand-in-hand, rather than by 

 playing a game of catch-up. 



Along with the lawyers, economists and engi- 

 neers are examining both international and domes- 

 tic issues. According to H. Gary Knight, professor 

 of marine resources law at Louisiana State Uni- 

 versity Law Center and member of the study group, 

 several major concerns are emerging: 



International jurisdictions — Historically, the 

 seas have been divided into a whole range of terri- 

 torial zones. About nine years ago, the United Na- 

 tions stirred things up, according to Knight, by 

 suggesting some changes. As yet, though, nothing 

 has been resolved and the laws remain unchanged 

 but questioned. Knight isn't too hopeful about the 

 prospects for resolution between the opposing sides. 



Then too, the U.S. is adopting the 200-mile 

 limit along its coast. Any power plant within that 

 range would fall under the jurisdiction of the near- 

 est state as well as the federal government. 



Beyond that 200-mile zone, Third World issues 

 are likely to be raised, says Knight, as those devel- 



Increased demands on the ocea 



oping nations are more and more asserting their 

 right to a share in what's called "the common 

 heritage of mankind" — the wealth of the seas. 



Given the precedent of the Arab oil situation, it 

 is easy to see why the researchers call the ocean a 

 "political ocean." 



Regulation — Going along with questions of juris- 

 diction are matters of regulation. In addition to 

 international maritime agencies, a total of H 

 domestic agencies would have a legitimate interest 

 in the development of the sea, says Knight. Those 

 regulatory agencies include, for example, the U.S. 

 Army Corps of Engineers, ERDA and the Federal 

 Energy Administration. 



(In the case of the Louisiana superport, Knight 

 says, the solution to the multiple regulatory 

 agencies was to simply file a single application and 

 then let the government figure out how to route it.) 



Environment — Knight says new laws will prob- 

 ably be required as international principles for the 

 protection of the environment develop. Domes- 

 tically, the power plants would already be subject 

 to the increasingly more sophisticated laws dealing 



with environmental impact studies. 



Some of the environmental issues an ocean 

 thermal conversion plant raises include the dis- 

 charge of working fluids in the event of a collision 

 with a ship, change in the surrounding water 

 temperature, and vulnerability to terrorism. 



Multiple use — Due to the cost of these mammoth 

 plants, every possible use will have to be developed. 

 For example, the real estate above an ocean therm- 

 al energy conversion (OTEC) plant could con- 

 ceivably be used as a fishing base, a shipping base, 

 or a military base. 



Knight says that could well lead to an ocean 

 version of the land use planning being employed 

 today to resolve conflicts. 



Responsibility and liability — Here, Knight says, 

 the laws are in a "real mess." An examination of 

 both civil and criminal laws is needed. Questions 

 center around, for example, who is responsible if 

 an OTEC is hit and somone is hurt or dies? Do 

 standard maritime rules apply? Is an injured 

 worker due compenstaion? Under what regula- 

 tions? 



Just deciding whether an OTEC is a vessel — or 

 part vessel — could determine whether it qualifies 

 for favorable government financing of vessels. 



Eleven papers are being prepared for the Ameri- 

 can Society of International Law study and the 

 attorneys are, admittedly, looking for every pos- 

 sible stumbling block. But, says Knight, "If it 

 works ... it could save a lot of pain and trial and 

 tribulation." 



University of North Carolina 

 Sea Grant Program 

 1235 Burlington Laboratories 

 North Carolina State University 

 Raleigh, N.C. 27607 



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A few meetings 



— 73rd annual meeting of the N.C. Academy of 

 Science, April 2-3, UNC-Wilmington. General ses- 

 sion April 2: "Energy Production and Related 

 Problems." For further information, contact John 

 W. Reintjes, President, NCAS, National Marine 

 Fisheries Service, Beaufort, N.C, 28516. 



— Nationally oriented symposium on "Coastal 

 Recreation Resources in an Urbanizing Environ- 

 ment," April 12-14, Hyannis, Mass. For further 

 information, contact Arnold C. Lane, Cape Cod 

 Extension Service, Deeds and Probate Building, 

 Barnstable, Mass., 02630. 



