My personal criticism of the book is primarily confined to its costs and its format

Weaver, Michael J.

English

University of San Diego

Book ReviewFREEDOM OF OCEANIC RESEARCH. Edited by Warren S. Wooster.New York: Crane, Russak and Company, Inc., 1973. 255 pp.$14.00.On the surface, they can still exercise their iniquitous laws, fight,devour each other, and indulge in all their earthly horrors, butthirty feet below its surface their power ceases, their influencefades, and their dominion vanishes! Ah, monsieur, to live in thebosom of the seal Only there can independence be found! ThereI recognize no master! There I am free!'In 1970 the Center for Marine Affairs was created by the ScrippsInstitution of Oceanography for the purpose of developing a mean-ingful dialogue between the marine scientist and those who wouldwish to understand man's activities pertaining to the ocean. Agroup of scholars, from various academic disciplines, was assem-bled to document political, legal and sociological problems effect-ing the scientific community. The Center's first project was limitedto an investigation of the growing restriction of freedom foroceanic research. This initial area of study was partially necessi-tated by the Institution's own difficulties in pursuing its scientificprojects. The impact and limitations on research created by theworld's current political problems form the basis of this book.Papers prepared by the participants in the project were com-bined, edited,, and with a number of appendices, used to con-struct this publication. Obviously, the national perspectives of theMay 1974 Yol. II No. 3[VOL. 11: 834, 1974] Book ReviewSAN DIEGO LAW REVIEWvarious authors are reflected in their articles. This in itself makesthe book highly interesting and controversial. The Center's resi-dents largely confined their work to discussions of current UnitedStates problems with respect to Latin American Countries. Thefrequent weaving of contrasts and similarities in national policiesmakes this volume a valuable research tool for anyone interestedin current Pan-American political developments.My personal criticism of the book is primarily confined to itscost and its format. First, the relatively large price tag ac-companying the volume will certainly limit its availability to allbut a small group of readers. This is unfortunate since many ofthe definitional materials and appendices would be of value to thestudent of Latin American affairs. The publisher should cer-tainly consider offering this book in paper back form.Secondly, those persons who do purchase the book, after theirfirst reading, will certainly want to utilize its articles and appen-dices as a research aid. It is again unfortunate that the book's usefor this purpose is compromised by the failure of the publisher toinclude the footnoted material on each page. Instead they aregrouped together at the end of each chapter making it very diffi-cult for the reader to assimulate their content. However, I shouldhasten to add that these technical problems are minute when com-pared with the overall quality of the book.The introductory comments of Dr. Wooster establish that thereis an increasing tendency by coastal states to refuse permission forforeign vessels to conduct research in their territorial waters andin offshore areas where jurisdiction is exercised over living re-sources. Simultaneously, the need for greater scientific knowledgeof the ocean and its resources is apparent. Perhaps, consideringthe rising needs of the world's population, the highest and noblestgesture on behalf of competing nations would be to join togetherto develop and share in the wealth of the sea. Unfortunately, thegrowing discordance between increased restrictions and increasedneed for oceanic research apparently cannot be resolved by anyimmediate compromise. Dr. Wooster suggests that the value of thisbook will be measured by the extent to which it illuminates thedeliberations of the politicians who will eventually attempt to fash-ion an ultimate solution.The first chapter of the book is devoted to *a review of the ex-tent to which restrictions of access have been imposed by variousnations and by international treaties. The author, Judith Kildow,points out an interesting problem that has been created by thescientific community itself. It seems that the scientific community,which prides itself on precision in data collection and scientificrecord keeping, has an unusually poor habit of not recording thepolitical aspects of its research cruises. This failure to adequatelyrecord current practices has led to an inability to document theactual magnitude and scope of the problem. The paper is illustratedwith a number of case histories drawn from Scripps files. Theseexamples clearly demonstrate the reluctance, for political and econ-omic reasons, of competing nation-states to allow scientific explora-tion in areas within national control. Interestingly enough, cur-rent international agreements often prevent scientific researchersfrom pursuing their work.Following chapters are devoted to discussions of the current lawof the sea. The paper authored by Michael Redfield may prove tobe the most beneficial article in the collection for the fledging stu-dent in this area. It contains a wealth of definitional materialalong with a review of significant international agreements. WhenMr. Redfield's examination of existing law is contrasted with Ed-uardo Ferrero's discussion in The Latin American Position onLegal Aspects of Maritime Jurisdiction and Oceanic Research animpass becomes apparent. Ferrero's own language at page 102most clearly demonstrates the lack of any meaningful basis forfuture agreement on international marine research:... [T]he legal position towards scientific research should not beconsidered differently from the legal position taken in generaltowards all the uses of the sea. The "freedom" of scientific re-search, as asked by scientists, would be dangerous to the legalposition of maritime sovereignty and jurisdiction of coastal states.Even more, such "freedom" would go against the principles ofsovereignty and jurisdiction that sustain the Latin American posi-tion.In general, Ferreo demonstrates the attitude that Latin Americancountries have sufficient capabilities and knowledge to appreciatewhat is in their own best interest. He argues that they are con-scious of the experiences of history and recognize that most of thepast rules of international relations have been established by asmall number of powerful states in order to favor their own nationalinterests.This position is re-enforced in a chapter devoted to the develop-ing nation's perspective of oceanic research. Whether correctly or[voL. 11: 834, 1974] Book ReviewSAN DIEGO LAW REVIEWnot, people in developing countries frequently equate scientificexploration of the seas with the exploration expeditions under-taken by the great European powers from the fifteenth to the latenineteenth century. These expeditions brought in their train anera of colonialism and imperialism, a long period during which themilitarily and technologically stronger Western nations took advan-tage of the weaker countries of the non-European world. In lightof this lesson of history, it is understandable why developing na-tions are reluctant to trust the major powers, even to the extentof allowing research in their coastal waters. This attitude is alsofostered by a general inability to immediately profit from thescientific research itself. Developing countries suffer from wide-spread underemployment. They lack the economic and human re-sources necessary to engage in scientific research. Because of thesedeficiencies, it seems inevitable that the developing countries willlag far behind in the race for exploration and exploitation of theoceans. In order to share in the wealth of the oceans, they believethat they must have time to develop the supporting scientific in-frastructure. By delay and extensions of maritime jurisdictionthey can acquire the time they need.This delay in undertaking basic scientific research tends to ap-pall developed nations. However, it must be remembered that ourability to perceive is clouded by our own Western perspective, andscientific exploration is curiously a Western value. Since the exist-ing law of the sea is undergoing reconsideration, the develop-ing nations, many of which consider the present law of the sea tobe inadequate, unjust, outmoded and outdated, have seized the op-portunity to challenge existing Western values and assumptions.It would be naive to assume that Western Man's fascination withscience will not also be faced with critical examination by develop-ing nations.The importance of understanding and developing the resourcesof the oceans is critical, as is the prevention of damage to its eco-systems. Resolution of current problems demands international un-derstanding and accord. Passages of this book demonstrate thelikelihood of failure due to the unwillingness of nations to allowaccess to large areas of the seas for clearly scientific purposes. Thisnationalistic tendency to completely appropriate areas of the oceansuggests that there is something less than a common purpose inattempting to understand and develop the common heritage ofmankind. One has to reflect that perhaps Captain Nemo wasright when he turned his back on the intense nationalism of hisday, and was thereby free to pilot his Nautilus on a voyage to dis-cover the mysteries of the deep. One can only suggest that Nemowould certainly have been more resolute in his position had heread passages of Freedom of Oceanic Research.MICHAEL J. WEAVER** Member, California Bar; Law Clerk to the Honorable GordonThompson, Jr., United States District Court, Southern District of California.

Freedom of Oceanic Research. Editied by Warren S. Wooster

https://digital.sandiego.edu/cgi/viewcontent.cgi?article=2193&context=sdlr

Freedom of Oceanic Research. Editied by Warren S. Wooster

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