Browsing by Author "Texas Law Institute of Coastal and Marine Resources"
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Item 1972 Annual Report(University of Houston, 1972) Texas Law Institute of Coastal and Marine ResourcesThe 1972 Annual Report of the Texas Law Institute of Coastal and Marine Resources, a consortium of state law schools, located at the Bates College of Law, University of Houston, is in two parts. The first reports to the Governor of Texas and members of the Legislature, pursuant to SCR 8 and SCR9 of the 62nd Legislature (1971), which directed the Interagency Council on Natural Resources and the Environment to work with the Texas Law Institute in analyzing the legal and institutional problems associated with the Coastal Zone Management Program. The second part summarizes the work of the Texas Law Institute accomplished pursuant to a grant from the National Science Foundation, and includes proposal for further research during 1973-74.Item Law of the sea - implications for coastal states. A symposium.(Texas Law Institute of Coastal Marine Resources, 1974) Texas Law Institute of Coastal and Marine Resources;It is axiomatic that the law changes to reflect new technological developments as well as emerging community needs. This process is reflected in the law of the sea. The first effort to codify and develop the law of the sea was started by the League of Nations, which convened in 1930 a conference to codify the international law of territorial waters. By 1958, the concern of states and the consequent need for an international accommodation encompassed not only the territorial sea, but also the use of the high seas, the exploration of the continental shelf, and the regulation of high sea fisheries. Hence, the 1958 United Nations Conference on the Law of the Sea produced the Convention on the Territorial Sea and the Contiguous Zone, the Convention on the High Seas, the Convention on the Continental Shelf, and the Convention on Fishing and Conservation of the Living Resources of the High Seas. The contemplated Law of the Sea Conference to amend the above Conventions reflects further technological developments as well as changing emphasis and heightened concerns. Technological developments allow greater and new exploitation of the mineral as well as living resources of the oceans, and the expanded use of the oceans for such purposes as offshore terminals, power plants, and habitation. At the same time, reliance on ocean resources is increasing with a heightened awareness of the need to insure equitable allocation of resources, and the protection of the marine environment from degradation. These developments exert pressure on the international balance of accomodation reflected in the 1958 Conventions. National concern with resources and the environment is producing claims to wider national competence to prescribe and apply national authority to offshore activities. Yet, and at the same time, there is a growing trend toward the development of international law, regulation, and machinery, either as an alternative to national division of the oceans and their resources, or as regulation and protection of the use of the oceans and their resources for the benefit of all users in the face of increased national jurisdictions. The success of the new law of the sea conferences thus depends on the emergence of a consensus for a new balance of accomodation that expands both national jurisdiction and international regulation. It is a tribute to the Texas Coastal and Marine Council and its Chairman, Senator A.R. Schwartz, that they took the lead in calling a conference to clarify the issues posed before the Law of the Sea Conference, and to assess their ramification on the international, national, and state levels. The proceedings that follow attest to the wisdom for, and success of, the conference, for which the speakers should be thanked and congratulated. The Texas Juridical Institute is proud to have consponsored the conference, and the Texas Law Institute of Coastal and Marine Resources to have edited and published the proceedings.Item Recent Environmental Developments in Maritime and Offshore Activities(University of Houston Law School, 1972) Texas Law Institute of Coastal and Marine ResourcesOn November 11, 1971, the Texas Law Institute on Coastal and Marine Resources held a conference on Recent Environmental Developments in Maritime and Offshore Activities at the Bates College of Law, University of Houston. The conference was partially funded by the National Science Foundation and the Sea Grant Program. The Texas Law Institute was formed through the cooperation of the Office of the Governor of Texas and the University of Houston pursuant to the recommendation of the Conference on the Legal-Administrative Needs of Texas Marine Resources in May 1970. The function of the Institute is to conduct research into the needs of the Texas marine resources and disseminate the information obtained from such activity. This is accomplished through cooperation and participation of public officials, the bar, and industry. During an age of advancing technology, there has been an awakening of interest in preserving and protecting of natural environment. Concern over environmental controls is being voiced by both the high public officia and the private citizen. One of the greatest areas of discussion is the preservation of quality and usefulness in our marine and coastal resources. Industry will play an important role in this endeavor. Therefore, discussion in the seminar centered around the application of present water quality control legislation and indemnification for liability under current standards.Item Texas navigation districts and regional planning in the Texas Gulf Coast area.(Texas A&M University, Sea Grant Program., 1973) G. Sidney Buchanan; Texas Law Institute of Coastal and Marine ResourcesThis article contends that navigation districts should not be regional land use planners or environmental policemen. With the proliferation of land use planning and environmental control agencies that has occurred in recent years, adequate institutional framework already exists to accomplish the goals of regional planning decisionmakers. On this policy question, this article will follow the advice of Edmund Burke and recommend that changes in the powers and governing structure of navigation districts be made "as nearly as possible in the style of the building". In reaching this conclusion, analysis will relate primarily to land that is within the boundaries of navigation districts but not owned by the districts or otherwise subject to district control under present law. To support its contentions, this article analyzes four major areas. First, the status of navigation districts under Texas law is discussed. This discussion details the history of navigation districts, their governing structure, and the major powers granted them under Texas law. Second, the significant areas in which navigation districts and the federal government function concurrently are described and analyzed. Third, the relationship of navigation districts to problems of environmental control are considered. Finally, specific policy recommendations are made concerning the role of navigation districts in regional planning affecting land use and the environment in the coastal area. As a continuing overview, attention focuses on an important economic policy question-to what extent should the cost of operating navigation districts be borne by the primary users of district facilities and to what extent by the general public through taxation or government subsidy? While not attempting to answer this question, the specific instances in which the question should be considered and some of the factors that bear upon its resolution are indicated.