RESEARCHING THE TUNA BOAT CASE: BIBLIOGRAPHICAL SUGGESTIONS
The Tuna Boat case is closely related to law of the sea concerns. It raises other concerns as well. The three main issues to research are: (1) maritime boundaries, including territorial seas and economic zones; (2) hot pursuit and the use of force; and (3) state responsibility toward aliens, including expropriation of property and denial of justice.
In researching the case, it is helpful first to glance at “International Legal Research Sources,” chapter 10 of Thomas Buergenthal and Harold Maier, Public International Law in A Nutshell, 2nd ed., which provides guidance as to where to look for writings relating to treaties and other “sources” of international law.
1. Treaties — U.S. treaties are listed in Treaties in Force and discussed in U. S. Treaties and Other International Agreements. All recent treaties (not only U.S.) can be found in the UN Treaty Series. Also see International Legal Materials. Many treaties are accessible online through the links provided on the Between Peril and Promise Web site, such as http://fletcher.tufts.edu/multilaterals.html which is the homepage of the Multilaterals Project at Tufts University.
2. Customary Practice — For U.S. and other states’ practice, see various “digests.” In particular, see Marjorie Whiteman, Digest of International Law (1963–1973) and updated volumes by Eleanor McDowell, Digest of US Practice in International Law and Sally J. Cummins and David P. Stewart, Digest of US Practice in International Law. The U S. Department of State Bulletin (now called the Dispatch) can also be useful as a guide to U.S. practice (as well as treaties entered into). Recent issues of the Dispatch can be accessed online at http://www.state.gov/www/publications/dispatch/index.html Also see the latest edition of the Restatement of U.S. Foreign Relations Law published by the American Law Institute.
3. General Principles and Judicial Decisions — The “casebooks” listed in the bibliography at the rear of Between Peril and Promise contain not only synopses of cases tried before international and national courts but also excellent commentaries, notes and references and leads for further bibliography. I have provided at the rear of the book, and also on this Web site, a Table of Cases that lists well-known international law cases decided by the Permanent Court of International Justice (PCIJ), the International Court of Justice (ICJ), the U.S. Supreme Court, and other judicial bodies; many of these cases are relevant to the Tuna Boat case. Full-text opinions as well as excerpted material are available online through the links provided next to each case, such as http://www.worldcourts.com/pcij/eng/ and http://www.icj-cij.org/.
4. Scholarly Writings — The American Journal of International Law (AJIL) is an excellent source of information on past and current international law; it contains commentaries on important court cases as well as discussions of contemporary legal issues. It can be accessed at http://www.jstor.org/journals/00029300.html. Also see the international law treatises and texts that are listed in the bibliography at the rear of Between Peril and Promise.
In addition to the general tips above, here are several specific bibliographical items that are particularly germane to the Tuna Boat case. (For a light starter, read “Tuna Tussle,” Time, June 7, 1963.)
I. Law of the Sea (Maritime Boundaries, Fishing Zones, Hot Pursuit, etc.)
A. Good overviews can be found in the following:
Damrosch, Henkin, Pugh, Schachter, and Smit, International Law: Cases and Materials, 4th ed., chapter 15 on “Law of the Sea.” Ray August, Public International Law, chapter 8 on “The Environment: Sea, Airspace, Outer Space,” pp. 377–414. Gerhard Von Glahn, Law Among Nations, 7th ed., chapter 15 on “Law of the Sea” (see his suggested readings at end of the chapter for further leads). Robert Bledsoe and Boleslaw Boczek, The International Law Dictionary, chapter 8. William Slomanson, Fundamental Perspectives on International Law, 3rd ed., chapter 6, pp. 242–269. David Larson, Major Issues of the Law of the Sea (good historical treatment). Bernard Oxman, “Summary of the Law of the Sea Convention,” in Richard Falk et al., International Law: A Contemporary Perspective. M. N. Shaw, International Law, chapter 10 on “Law of the Sea.” Clyde Sanger, Ordering the Oceans.
B. Key excerpts of the Law of Sea Treaty, along with commentary, can found in:
Lori Damrosch et al., Basic Documents Supplement to International Law: Cases and Materials, 4th ed., chapter 16. In addition, see Burns Weston et al., Basic Documents in International Law and World Order; also see Weston et al., “The Sea Around Antilla and Costa Grande,” chapter 8 of International Law and World Order (especially pp. 835–865 and 885–890). Damrosch, Henkin, Pugh, Schachter and Smit, International Law: Cases and Materials, 4th ed., chapter 15 on “Law of the Sea.” International Legal Materials (May 1979), pp. 686–816.
C. Specific Law of the Sea issues are discussed in:
“The Tuna War,” University of Illinois Law Review (1981), pp. 755–774. Dan Ciobanu, “Hot Pursuit from Fisheries Zone: Comment on U.S. v. Taiyo Maru,” American Journal of International Law (1976). M. Dahmani, The Fisheries Regime of the Exclusive Economic Zone (1987). Eugene R. Fidell, “Hot Pursuit from a Fisheries Zone,” American Journal of International Law (1970). Nicholas Poulantzas, The Right of Hot Pursuit in International Law. Richard Bilder, “The Anglo-Icelandic Fisheries Dispute,” Wisconsin Law Review (1973).
D. Court Cases
The I’m Alone (U.S.-Canadian Claims Commission) Church v. Hubbart (U.S. Supreme Court) Anglo-Norwegian Fisheries Case (ICJ) Fisheries Jurisdiction Cases Between the United Kingdom and the Federal Republic of Germany v. Iceland (ICJ) North Sea Continental Shelf Cases (ICJ) Gulf of Maine Case (ICJ) United States v. F/V Taijo Maru (U.S. District Case)
II. State Responsibility for Protection of Aliens (Expropriation, Denial of Justice, etc.)
A. Good overviews can be found in the following:
Damrosch, Henkin, Pugh, Schachter, and Smit, International Law: Cases and Materials, 4th ed., chapter 13 on “Responsibility for Injury to Aliens.” Robert Bledsoe and Boleslaw Boczek, The International Law Dictionary, chapter 5. Gerhard Von Glahn, Law Among Nations, 7th ed., chapter 11 on “Responsibility for Injury to Aliens” (see his suggested readings at the end of the chapter for further leads). William R. Slomanson, Fundamental Perspectives on International Law, 3rd ed., chapter 4. pp. 191–204. Ray August, Public International Law, chapter 7 on “Responsibilities of States for Treatment of Aliens and Foreign Businesses.”
B. Specific issues are discussed in:
Ecuador’s constitution can be found in Modern Constitutions and in Blaustein and Flanz, Constitutions of the Countries of the World. Don Piper, “Protecting American Property Abroad: Customary International Law and Bilateral Treaties” Davis Robinson, “Expropriation in The Restatement,” American Journal of International Law (January 1984); and Schachter comment in same volume. Patrick Norton, “A Law of the Future or Law of the Past? Modern Tribunals and the International Law of Expropriation,” American Journal of International Law (July 1991). Richard Lillich, International Law of State Responsibility for Injuries to Aliens. Dolzer, “New Foundations of the Law of Expropriation of Alien Property,” American Journal of International Law (July 1981). International Legal Materials (1978), pp. 1–37. Whiteman, Digest of International Law, pp. 697–1291. McDowell, Digest of U.S. Practice in International Law, pp. 671–707.
C. Court Cases:
Roberts Claim (U.S.-Mexico General Claims Commission) Laura Janes Claim (U.S.-Mexico General Claims Commission) Chattin Claim (U.S.-Mexico General Claims Commission) North American Dredging Co. of Texas Claim (U.S.-Mexico General Claims Commission) Banco Nacionale de Cuba v. Sabbatino (U.S. Supreme Court) Case Concerning the Factory at Chorzow (PCIJ) Texaco Overseas Petroleum Co. v. Libya (heard by an arbitrator) Case of Elettronica Sicula S.p.A. (ICJ) Case Concerning the Vienna Convention on Consular Relations (ICJ) The LaGrand Case (ICJ) Avena and Other Mexican Nationals (ICJ)
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Larry Aspin aspin at bradley.edu
Dept of Political Science
Bradley University