The Journal, in partnership with the Law of the Sea Institute at the University of California, Berkeley, is therefore proud to present a symposium on  Multilateralism in International Ocean Resources Law.  The authors represented in this symposium delivered papers last year at a conference organized by the Institute at the Boalt Hall School of Law, UC-Berkeley; and those papers have been extensively revised for publication in this issue

Parekh, Amit S.

Scheiber, Harry N.

English

University of San Diego

ForewordAMIT S. PAREKH*HARRY N. SCHEIBER**The major nations, at this stage of history, will not risk war over fisherydisputes nor will they justify major diplomatic confrontations on these grounds.They will not protect their distant-water vessels in their activities by force underany except the most grave conditions. Accordingly, peaceful means must be foundfor the settlement of these disputes if the industries are to develop as desired.The only such means yet proven to be very practical is that of scientists workingtogether to solve the natural history parts of the problems under some sort offormal or informal international auspices, and the diplomats and administratorsusing their agreed scientific results as a secure foundation for their ownnegotiations of the political, economic and social parts of the problems.'The fisheries scientist and former State Department official Dr.Wilbert M. Chapman made the above statement in a San Diego LawReview symposium on Law of the Sea in 1970. His remarks wereaccurate 34 years ago, and his words resonate remarkably well to thisday with respect to ocean-resources law and international relations.While there has been much progress in the development of ocean lawsince Chapman wrote, most notably the coming into force of the UNI We wish to acknowledge with warm thanks the support to this symposiumextended by the School of Marine Affairs, University of Washington and the CaliforniaSea Grant College Program, who were major co-sponsors of the Berkeley symposium;and by the offices of Dean Daniel Rodriguez of the University of San Diego School ofLaw and Dean Christopher Edley of the Boalt Hall School of Law.* Editor-in-Chief, 6 SAN DIEGO INT'L L.J. (2004). J.D. candidate 2005, University ofSan Diego School of Law; Bachelor of Science in Business Administration, Universityof Kansas (2002).* * The Stefan Riesenfeld Professor of Law and History, Director of the EarlWarren Legal Institute, and Co-director of the Law of the Sea Institute, School of Law(Boalt Hall), University of California, Berkeley.1. Wilbert McLeod Chapman, The Theory and Practice of International FisheryDevelopment-Management, 7 SAN DIEGO L.REv. 408, 454 (1970).Convention on the Law of the Sea, there remains the urgent need formultilateral agreements designed to avert conflicts and resolve disputesamongst nations, as well as to protect the marine environment and itsresources. Of critical importance to success in meeting this need is therole of scientists who continue to work toward the creation of a "securefoundation" (in Chapman's words) 2 for diplomats and administrators torely upon when negotiating ocean issues. To enable ideas to be shared,to communicate new theories, and to analyze problems that require theattention of both scientists and policy makers, the San Diego InternationalLaw Journal seeks to provide a sounding board that can also be a usefulforum for the consideration of strategic solutions and a venue foranalysis of the historical background of ocean-law developmentThe Journal, in partnership with the Law of the Sea Institute at theUniversity of California, Berkeley, is therefore proud to present asymposium on "Multilateralism in International Ocean Resources Law."The authors represented in this symposium delivered papers last year ata conference organized by the Institute at the Boalt Hall School of Law,UC Berkeley; and those papers have been extensively revised forpublication in this issue.The quest to develop multilateral agreements which will advance thetwin goals of cooperation and rule of law in international relations hasbeen a central element of developments in international law since WorldWar II and the founding of the United Nations. Cold War imperatives,the ambitions of regional blocs, and the North-South division oversustainable development have given context-and in some measure eachhas presented roadblocks-to the achievement of progress in the pursuitof these twin goals. In that complex history, only in regard to militarysecurity treaties has there been as much productive activity as we haveseen in the field of ocean law. And in regard to legal ordering on the highseas and in the division of jurisdiction between national and internationalwaters, some of the most important debates and significant advanceshave occurred with respect to marine resources. Hence the importanceof this subject in the Journal's symposium on Law of the Sea.The fate of the globe's marine natural resources has also been asignificant issue in the field of international relations and internationallaw questions in recent decades. This is especially true in regards tomarine fisheries law and policy because of the precipitous deteriorationof the fishery stocks under the combined impacts of rising demand froman expanding world population, pressures from technological innovationswhich has increased the efficiency of fishing, and, not least, theovercapitalization of the world's fishing fleets. Moreover, the relationship2. Id.[VOL. 6: 1, 2004] ForewordSAN DIEGO INT'L L.J.of scientific advances to the conceptualization of marine fisheriesmanagement and the progressive embedding of new scientific conceptsand methods in the instruments of international marine environmentallaw have made ocean law an important example of the process by whichnew science can drive legal innovation-and of the ways in which legalobjectives and policy goals can, in turn, drive the demands that stimulatenew science. Again, the developing law of marine fisheries is aparticularly rich source for an understanding of these processes. For allthese reasons, it is particularly fitting that this symposium gives attentionnot only to vital contemporary questions in ocean resources law andpolicy, but also to the postwar origins of multilateralism and internationalcooperation in sustainable fisheries management on the half-centuryanniversary of a path-breaking multilateral effort in this field-theInternational North Pacific Fisheries Convention. Indeed, it was thisanniversary that inspired the decision of the Law of the Sea Institute toorganize the conference.It is also especially fitting that a journal published at the University ofSan Diego School of Law should be the vehicle for dissemination ofthese papers to scholars and policy makers in the field of ocean affairs.Partly because of its physical proximity to the Scripps Institute ofOceanography (SIO) at University of California, San Diego; partlybecause of the local importance in San Diego of the American tuna fleetfor several decades after 1945; and partly because of the intellectualinterests of SIO researchers such as Professor Warren Wooster (now ofthe University of Washington faculty and represented as co-author of apaper in this symposium), our school's San Diego Law Review was formany years a principal outlet for the publication of research on oceanlaw and especially for some of the classic commentaries on thedevelopments that included the long years of negotiations preceding theUN Convention on the Law of the Sea, which was signed in 1982.The Law of the Sea Institute, founded forty years ago, relocated to UCBerkeley's Boalt Hall School of Law in 2002. It is co-directed byProfessors David D. Caron and Harry N. Scheiber, and its internationalboard of advisers is a roster of leading jurists and scholars in the field ofocean law, among them Judges Tullio Treves and Choon-ho Park of theUN International Tribunal on the Law of the Sea, and professors of lawand policy, institute directors, and others based in leading universitiesand research centers on several continents. The Institute maintains atBoalt Hall an active program of conferences and research projects,including the recent book publication Bringing New Law to OceanWaters,3 thus continuing a long tradition of publications of conferenceproceedings, working papers, and journal symposia that the Law of theSea Institute had produced in earlier years when based at the Universityof Rhode Island (where it was founded), the University of Hawaii, andthe University of Miami.The editorial board of the Journal and the Institute's co-directors arethus pleased to cooperate in producing a symposium that is the latest in along line of contributions by both the University of San Diego School ofLaw and the Law of the Sea Institute to the global discourse on oceanlaw and policy.3. David D. Caron and Harry N. Scheiber, eds., 2004; also, THE LAW OF THE SEA:THE COMMON HERITAGE AND EMERGING CHALLENGES (Harry N. Scheiber, ed., 2000).

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