Property and Sovereignty on the Outer Continental Shelf and in the Exclusive Economic Zone
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Location
Biology Building, Room 101
Start Date
23-4-2015 6:00 PM
End Date
23-4-2015 7:00 PM
Description
Interest in emerging offshore uses has put pressure on the undeveloped legal framework offshore. These uses include marine renewable energy, aquaculture, and bioprospecting, to name a few. We face a continuing challenge by conceiving of offshore space as public lands, like onshore lands, without meaningfully accounting for their differences. The Exclusive Economic Zone (EEZ) was a creation of the United Nations Convention on the Law of the Sea, and has endured for 30 years. Yet many questions regarding the exact nature of rights and responsibilities in the EEZ are still unresolved. The EEZ reflects some measure of sovereignty, but not property, like the territorial sea. The tension between the public trust (property-like in nature) and public interest (governance, regulatory in nature) is inherent in examining the U.S. development offshore through its fragmented regulatory regime. Through various examples, I explore the merits and flesh out the downsides of adopting a particular governance structure based on its ability to facilitate emerging uses in a sustainable development framework.
Property and Sovereignty on the Outer Continental Shelf and in the Exclusive Economic Zone
Biology Building, Room 101
Interest in emerging offshore uses has put pressure on the undeveloped legal framework offshore. These uses include marine renewable energy, aquaculture, and bioprospecting, to name a few. We face a continuing challenge by conceiving of offshore space as public lands, like onshore lands, without meaningfully accounting for their differences. The Exclusive Economic Zone (EEZ) was a creation of the United Nations Convention on the Law of the Sea, and has endured for 30 years. Yet many questions regarding the exact nature of rights and responsibilities in the EEZ are still unresolved. The EEZ reflects some measure of sovereignty, but not property, like the territorial sea. The tension between the public trust (property-like in nature) and public interest (governance, regulatory in nature) is inherent in examining the U.S. development offshore through its fragmented regulatory regime. Through various examples, I explore the merits and flesh out the downsides of adopting a particular governance structure based on its ability to facilitate emerging uses in a sustainable development framework.
Speaker Bio
Professor Salcido, an Order of the Coif graduate of the University of California, Davis, joined the Pacific McGeorge faculty in 2003 after three years of private practice in San Francisco. She was a litigation associate in the Environment, Land Use, and Natural Resources group of Pillsbury Winthrop (formerly Pillsbury Madison & Sutro). Professor Salcido is the director of the Environmental Law Concentration at Pacific McGeorge School of Law. Her scholarly interests include offshore development and community involvement in ecosystem restoration. She is active with the Rocky Mountain Mineral Law Foundation, currently serving on the board of directors and scholarship committee.