Law of the Sea Institute

Program Directors

David D. Caron
445 Boalt Hall
510-642-7249
ddcaron@law.berkeley.edu

Harry N. Scheiber
360 Boalt Hall
510-643-9788/643-3595
hscheiber@law.berkeley.edu

Contact Information

Law of the Sea Institute
381 Boalt Hall
University of California, Berkeley
Berkeley, CA 94720-7200
Phone: 510-642-5125
Fax: 510-643-2698
Email: losi@law.berkeley.edu

 

The Law of the Sea Institute (LOSI) is an international consortium of scholars that has played a major part in studies of ocean law since the 1970s, and was transferred to UC Berkeley in April 2002.  It is now a program of the Institute for Legal Research, and is administered by Professors Harry Scheiber and David Caron as Co-Directors. 

At Berkeley, LOSI has built on a long tradition of studies in ocean law that began with Professor Stefan Riesenfeld's work in the late 1930s.  For the last 25 years, research in this field at Berkeley has been supported largely by grants from the California Sea Grant program, Berkeley Law's Office of Dean, the UC Marine Council, and UCOP's Pacific Rim Research Program.  In addition, there has been the coordination of activities and varying types of support from other institutions, including the University of Washington and the Nansen Institute (Norway).  Beginning in 2006, LOSI joined with Inha University (Korea) to co-sponsor and co-organize a three-year series of major international conferences on ocean law and policy, the most recent held in November 2008 in Berkeley.

Prior to being reorganized and based on the Berkeley campus, LOSI published a distinguished series of conference proceedings and books on a range of subjects dealing with ocean policy and the law of the sea.  This tradition has continued under the auspices of the Institute with the first two volumes of the new Berkeley-based series:  Bringing New Law to Ocean Waters, published by Martinus Nijhoff/Brill; and "Multilateralism and International Ocean-Resources Law," published as a symposium in the San Diego International Law Journal.  The most recent publication, Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea (edited by Seoung-Yong Hong and Jon M. Van Dyke, Martinus Nijhoff/Brill), draws on papers from the 2006 Seoul conference.  In late 2009, Brill is also expected to issue Oceans in the Nuclear Age, a book edited by David Caron and Harry Scheiber, and which will feature papers from the LOSI conference on this theme held at UC Berkeley in 2006.

 

Law of the Sea in the Gulf of Mexico and Caribbean: Unresolved Issues and Challenges - A Law of the Sea Institute Conference, March 22-24, 2007

The 2007 LOSI conference, "Gulf of Mexico and Caribbean: Unresolved Issues and Challenges," was hosted by the Harte Research Institute for Gulf of Mexico Studies, Texas A&M University Corpus Christi, on March 22-24, 2007 in Corpus Christi, Texas. The workshop-style conference was comprised of approximately 40 invited panel participants including judges from the International Law of the Sea Tribunal, leading scholars from United States and international universities, government officials from several nations, representatives from leading NGOs, and leaders from the U.S. and Mexican energy industry.

For more information, see the Harte Institute conference website.

 

Towards a Framework for the New Order of the Sea – A Law of the Sea Institute Conference, October 24-25, 2006

The Law of the Sea Institute co-organized and hosted a conference, “Towards a Framework for the New Order of the Sea,” held in downtown Seoul on October 24-25, 2006. The Korean co-host was Inha University, an institution in which ocean law studies are among the most prominent in East Asia.

The two-day program featured the participation of four judges of the International Tribunal for the Law of the Sea and leading experts in ocean law from Boalt Hall and universities in Hawaii, Texas, Australia, Taiwan, Japan, Great Britain, Canada, and China. Among the issues addressed by the speakers, who included Professor David D. Caron, Co-Director of the Law of the Sea Institute, were territorial disputes concerning islands and maritime boundaries, the judicial and arbitrative settlement of ocean-law related disputes, sea level rise, and international regional issues and prospects in Asia, the Caribbean, and other global ocean areas.

In a welcoming address published in the program, Harry N. Scheiber, the Riesenfeld Professor of Law and History and Co-Director of the Law of the Sea Institute, pointed out that these issues are illustrative of the need for defining and stabilizing rules of law in areas of potential controversy on the global oceans.  Professor Scheiber also acknowledged with special thanks the interest that Dean Christopher Edley has shown in advancing the studies of ocean law at Boalt.
   
Boalt alumni were well represented on the conference panels.  Papers were presented by two LL.M. and J.S.D. graduates, both leading figures in the international ocean law community: Yann-Huei Song of the Academia Sinica, Taiwan; and Richard McLaughlin, Director of Texas A&M University’s Harte Research Institute for Gulf of Mexico Studies. Also presenting at the conference on the topic of marine security issues was Commander Glenn Sulmasy, a professor on leave from the U.S. Coast Guard Academy and currently an LL.M. student at Boalt. Jennifer Jeffers, a first-year student at Boalt and a research assistant at the Law of the Sea Institute, also attended as part of the Boalt delegation. 

A major role was also played by Jon Van Dyke, Professor of Law in the University of Hawaii’s Richardson School and a distinguished researcher on the law of the sea. Professor Van Dyke is on the international advisory board of the Law of the Sea Institute and his writings on ocean law have appeared in the Ecology Law Quarterly and in several Law of the Sea Institute books and publications sponsored by Boalt’s program.

Financing of the conference was organized by Professor Seok-Woo Lee of Inha University, the principal conference co-planner with Professor Scheiber. Leading roles were also taken by Dr. Seoung-Yong Hong, President of Inha University, who has had a thirty-year career as a distinguished scholar on ocean law, and by Judge Choon-Ho Park of the International Tribunal for the Law of the Sea and a board member of the Law of the Sea Institute.

Publication of the proceedings is being planned for 2007 by Inha University in cooperation with Boalt Hall and the Law of the Sea Institute.

For the conference program, click here.

 

Oceans in the Nuclear Age – A Law of the Sea Institute Project

sponsored by the UC Berkeley Institute of International Studies and the Ford Foundation
This project seeks to draw together various official documents of international law and other materials to give its users a better understanding of how nuclear weapons, materials, and waste interact with issues surrounding the welfare, use, and future of our oceans. For the ONA website, click here.

 

Regional Cooperation Against Illegal Fishing in the Pacific Ocean -- A Law of the Sea Institute Project

sponsored by the UC Pacific Rim Research Program
This project seeks to analyze the role of Regional Fishery Management Organizations in responding to the problem of illegal, unreported and unregulated (IUU) marine fishing activities in the Pacific Ocean and to produce specific recommendations for increasing their effectiveness in this vital aspect of their resource-management role. The project is funded principally by the University of California’s Pacific Rim Research Program and the ILR. For a more detailed description, click here.

 

Law of the Sea Institute Lectures

"Current Developments in the Antarctic Regime"
(co-sponsored with the California Center for Environmental Law and Policy and the Global Commons Project)
Professor Marcus Haward
University of Tasmania
October 18, 2007

"The International Tribunal for the Law of the Sea and the Protection of the Environment"
(co-sponsored with the Robbins Collection)
Judge Tullio Treves 
International Tribunal for the Law of the Sea
April 9, 2007 


 

Law of the Sea Institute Occasional Papers (2003 - Present)

1. The Sea Where International Law Is Made: Some Informal Remarks
Wendell Sanford, Consul of Canada at Los Angeles

2. Homage to Judge Tullio Treves
Bernard H. Oxman, University of Miami

3. The Division of the Maritime Zones of the United States Between Its Federal Government and Its States
John Briscoe, Briscoe Ivester & Bazel LLP


 

Current Publications

Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea, edited by Seoung-Yong Hong and Jon M. Van Dyke, Martinus Nijhoff Publishers/Brill (2009).

 

Frontier Issues in Ocean Law:  Marine Resources, Maritime Boundaries, and the Law of the Sea, Issues in Legal Scholarship (2008).

"The United States and the 1982 Law of the Sea Treaty," by David D. Caron and Harry N. Scheiber, American Society of International Law Insights , Volume 12, Issue 4 (June 11, 2007).

Law of the Sea Symposium: Multilateralism and International Ocean-Resources Law, San Diego International Law Journal, Volume 6, Number 1, Fall 2004.

Bringing New Law to Ocean Waters, edited by David D. Caron and Harry N. Scheiber, Brill Academic Publishers (2004).

Multilateralism and International Ocean-Resources Law: Papers from the 2003 LOSI Conference at the University of California, Berkeley, edited by Harry N. Scheiber with Kathryn J. Mengerink (2004)

"Bringing the Community Back In: The Next Step in Fishery Management," by Harry N. Scheiber, Managing Marine Fisheries in the United States, Proceedings of the Pew Oceans Commission Workshop on Marine Fishery Management (2003).

Inter-Allied Conflicts and Ocean Law, 1945-53: The Occupation Command's Revival of Japanese Whaling and Marine Fisheries, by Harry Scheiber, Institute of European and American Studies, Academia Sinica (2001)

Law of the Sea: The Common Heritage and Emerging Challenges, edited by Harry N. Scheiber, Publications on Ocean Development, Volume 34, Brill Academic Publishers (2000)


 

Publications 1969-1997

Sustainable Development and Preservation of the Oceans: The Challenges of UNCLOS and Agenda 21, Proceedings of the 29th Annual Conference of the Law of the Sea Institute, June 19-22, 1995, edited by Mochtar Kusuma-Atmadja, Thomas A. Mensah, and Bernard H. Oxman, University of Hawaii (1997) (out of print).

 

Ocean Governance: Strategies and Approaches for the 21st Century, Proceedings of the 28th Annual Conference of the Law of the Sea Institute, July 11-14, 1994, edited by Thomas A. Mensah, University of Hawaii (1996) (out of print).

The Role of the Oceans in the 21st Century, Proceedings of the 27th Annual Conference of the Law of the Sea Institute, July 13-16, 1993, edited by Seoung-Young Hong, Edward L. Miles, and Choon-ho Park, University of Hawaii (1995) (out of print).

The Law of the Sea: New Worlds, New Discoveries, Proceedings of the 26th Annual Conference of the Law of the Sea Institute, June 22-25, 1992, edited by Edward L. Miles and Tullio Treves, University of Hawaii (1993) (out of print).

The Marine Environment and Sustainable Development: Law, Policy, and Science, Proceedings of the 25th Annual Conference of the Law of the Sea Institute, August 6-9, 1991, edited by Alastair Couper and Edgar Gold, University of Hawaii (1993) (out of print).

The Law of the Sea in the 1990s: A Framework for Further International Cooperation, Proceedings of the 24th Annual Conference of the Law of the Sea Institute, July 24-27, 1990, edited by Tadao Kuribayashi and Edward L. Miles, University of Hawaii (1992) (out of print).

Moscow Symposium on the Law of the Sea, Proceedings of a Workshop, November 28-December 2, 1988, edited by Thomas A. Clingan, Jr. and Anatoly L. Kolodkin, University of Hawaii (1991) (out of print).

The International Implications of Extended Maritime Jurisdiction in the Pacific, Proceedings of the 21st Annual Conference of the Law of the Sea Institute, August 3-6, 1987, edited by John P. Craven, Jan Schneider, and Carol Stimson, University of Hawaii (1989) (out of print).

New Developments in Marine Science and Technology: Economic, Legal and Political Aspects of Change, Proceedings of the 22nd Annual Conference of the Law of the Sea Institute, June, 12-16, 1988, edited by Lewis M. Alexander, Scott Allen, and Lynne Carter Hanson, University of Hawaii (1989) (out of print).

The Law of the Sea: What Lies Ahead?, Proceedings of the 20th Annual Conference of the Law of the Sea Institute, July 21-24, 1986, edited by Thomas A. Clingan, Jr., University of Hawaii (1988) (out of print).

The Law of the Sea: Problems from the East Asian Perspective, Proceedings of Two Workshops of the Law of the Sea Institute held in Seoul, Korea, June 30-July 3, 1981 and July 3-6, 1984, edited by Choon-ho Park and Jae Kyu Park, University of Hawaii (1987) (out of print).

The UN Convention on the Law of the Sea: Impact and Implementation, Proceedings of the 19th Annual Conference of the Law of the Sea Institute, edited by E.D. Brown and R.R. Churchill, University of Hawaii (1987) (out of print).

The Developing Order of the Oceans, Proceedings of the 18th Annual Conference of the Law of the Sea Institute, October 24-27, 1984, edited by Robert B. Krueger and Stefan A. Riesenfeld, University of Hawaii (1985) (out of print).

The Law of the Sea and Ocean Development Issues in the Pacific Basin, Proceedings of the 15th Annual Conference of the Law of the Sea Institute, October 5-8, 1981, edited by Edward L. Miles and Scott Allen, University of Hawaii (1983) (out of print).

The Law of the Sea in the 1980s, Proceedings of the 14th Annual Conference of the Law of the Sea Institute, October 20-23, 1980, edited by Choon-ho Park, University of Hawaii (1983) (out of print).

Law of the Sea: State Practice in Zones of Special Jurisdiction, Proceedings of the 13th Annual Conference of the Law of the Sea Institute, October 15-18, 1979, edited by Thomas A. Clingan, Jr., University of Hawaii (1982) (out of print).

Law of the Sea: Neglected Issues, Proceedings of the 12th Annual Conference of the Law of the Sea Institute, October 23-26, 1978, edited by John King Gamble, Jr., University of Hawaii (1979) (out of print).

The Law of the Sea: A New Geneva Conference, Proceedings of the Sixth Annual Conference of the Law of the Sea Institute, June 21-24, 1971, edited by Lewis M. Alexander, University of Rhode Island (1972) (out of print).

The Law of the Sea: The United Nations and Ocean Management, Proceedings of the Fifth Annual Conference of the Law of the Sea Institute, June 15-19, 1970, edited by Lewis M. Alexander, University of Rhode Island (1971) (out of print).

The Law of the Sea: National Policy Recommendations, Proceedings of the Fourth Annual Conference of the Law of the Sea Institute, June 23-26, 1969, edited by Lewis M. Alexander, University of Rhode Island (1970) (out of print).

The Law of the Sea: International Rules and Organization for the Sea, Proceedings of the Third Annual Conference of the Law of the Sea Institute, June 24-27, 1968, edited by Lewis M. Alexander, University of Rhode Island (1969) (out of print).