Oceans in the Nuclear Age

Professor David Caron is Dean of The Dickson Poon School of Law, King's College London. He relocated to London in May 2013 from California, where he was the C. William Maxeiner Distinguished Professor of Law at the University of California at Berkeley and Co-Director of the Law of the Sea Institute. He currently serves, among other things, as a member of the World Economic Forum’s Global Agenda Council on the Rule of Law, member of the U.S. Department of State Advisory Committee on Public International Law, and as a member of the Board of Editors of the American Journal of International Law.Harry N. Scheiber, M.A., Ph.D. (Cornell University), D. Jur. hon.c. (Uppsala) is the Stefan Riesenfeld Chair Professor and Chancellor's Professor, Emeritus, in the School of Law, University of California, Berkeley. He is Co-Director of the Law of the Sea Institute at UC Berkeley and is an elected fellow of the American Academy of Arts and Sciences, honorary life fellow and former president of the American Society for Legal History, and twice a Guggenheim Fellow. He has published extensively on ocean law, marine fisheries management, history of American constitutional law, and law and economic policy. He also heads the UC Berkeley Law School's Sho Sato Program in Japanese and U.S. Law and is Director of its Institute for Legal Research.

Oceans in the Nuclear Age probes the legal and policy challenges of managing past, present, and possible future nuclear uses of the oceans. It brings together in one place multidisciplinary perspectives on critical questions: How should we respond to terrorist threats against nuclear cargoes and vessels, safely transport nuclear fuel, and address the legacy of nuclear tests and dumping radioactive waste at sea? How have activities on land – the operation of nuclear waste disposal sites and the meltdown of Japan’s Fukushima nuclear power plant – affected our oceans and its resources? The book’s careful analyses provide essential reading for anyone concerned about these questions, so vital to the world’s health, environment, development, and security. – John E. Noyes, California Western School of Law

• CONTENTSPreface and Acknowledgements Preface to the Expanded EditionList of Treaties and Other Official ActsList of CasesPART ONE: INTRODUCTIONChapter One Assessing the Impact of the Nuclear Age on the Oceans and Its Legal Regime by David D. Caron and Harry N. ScheiberPART TWO: RADIOACTIVE WASTES IN THE OCEANS: MANAGING THE PAST AND CONSIDERING THE FUTUREChapter Two Deep Sea Impacts by Hjalmar ThielChapter Three Risk and Vulnerability at Contaminated Sites in the Pacific and Australian Proving Grounds from a ‘Long-Term Stewardship’ Perspective: What Have We Learned? by Thomas M. LeschineChapter Four Legacies and Perils from the Perspective of the Republic of the Marshall Islands Nuclear Claims Tribunal by Philip A. OkneyChapter Five The Legacy of French Nuclear Testing in the Pacific by Laurence CordonneryChapter Six Hazardous Substances and the Baltic Sea by Malgosia FitzmauriceChapter Seven New Opportunities and Deep Ocean Technologies for Assessing the Feasibility of Sub-Seabed High-Level Radioactive Waste Disposal: The Application of 21st Century Oceanography to Solving Outstanding Problems by Daniel J. FornariChapter Eight Sub-Seabed Disposal of High Level Radioactive Waste: The Policy Context Then and Now by Edward L. MilesPART THREE: THE OCEAN TRANSPORT OF RADIOACTIVE FUEL AND WASTEChapter Nine Ocean Transport of Radioactive Fuel and Waste by Jon M. Van Dyke†Chapter Ten Transportation of Radioactive Materials through the Caribbean Sea: The Development of a Nuclear-Free Zone by Luis E. Rodríguez-RiveraChapter Eleven Ocean Transport of Radioactive Fuel and Waste: A Japanese Perspective by Masahiro MiyoshiChapter Twelve Navigation of Ships with Nuclear Cargoes:Dialogue between Flag and Coastal States as a Method for Managing the Dispute by Tullio TrevesPART FOUR: NUCLEAR WEAPONS AND WEAPON GRADE MATERIAL ON THE OCEANSChapter Thirteen Maritime Terrorism and the International Law of Boarding of Vessels at Sea: Assessing the New Developments by Ted L. McDormanChapter Fourteen The Proliferation Security Initiative and Asia by Mark J. ValenciaChapter Fifteen The Proliferation Security Initiative: Amending the Convention on the Law of the Sea by Stealth? by Donald R. RothwellChapter Sixteen Cargos of Doom: National Strategies of the U.S. to Combat the Illicit Transport of Weapons of Mass Destruction by Sea by Craig H. AllenChapter Seventeen Nuclear-Weapon-Free Zones and Maritime Transit of Nuclear Weapons by Scott ParrishChapter Eighteen Oceans in a Nuclear Age: Security Concerns of the United States by Michael J. MathesonPART FIVE: NUCLEAR ACTIVITIES AND RADIOACTIVE WASTE IN THE ARCTICChapter Nineteen Canada, The United States and the Northwest Passage by Elizabeth B. Elliot-MeiselChapter Twenty The Russian Approach to the Protection of the Arctic Seas from Radioactive Wastes by Alexander S. SkaridovChapter Twenty-One Arctic Nuclear Pollution by Lakshman D. GuruswamyChapter Twenty-Two Nuclear Transport along the Northern Route and Nuclear Waste Dumping in the Barents and Kara Seas by R. Douglas BrubakerPART SIX: CONCLUDING DISCUSSIONChapter Twenty-Three Reflections on the Theme of the Oceans in the Nuclear Age by Bernard H. OxmanChapter Twenty-Four The Oceans in the Nuclear Age: Challenges, Questions and Possibilities by David D. CaronChapter Twenty-Five Nuclear Risks in Coastal Areas: Legal and Regulatory Responses by Todd Emerson HutchinsAbbreviations Selected Bibliography A Note on Radioactive Materials and their Measurements List of Contributors Index