Negotiating the new ocean regime, Volume 1992 by Robert L. Friedheim

By Robert L. Friedheim

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Because use of the ocean or the atmosphere is a free good, those who produce "bads" in using these commons do not pay the full social cost. " As Allen Kneese explains: ''It is well known that unhindered access to such resources leads to overuse, misuse, and quality degredation. "76 Page 17 Indeed, some claim that if we do not eliminate open entry to the resources of the ocean, we will suffer a "tragedy of the commons," through an inexorable process of destruction. 77 If each user is allowed to increase his use of the commons, he will benefit in the short run, but ruin the commons in the long run.

Others obey because they agree with the underlying normative standards, because they are caught up in the routinized behavior of custom, or because they are pulled by the liberating force of new ideas. 25 Sometimes, expectations converge merely because coordination of national actions is found to lower individual transaction costs. 26 The circumstances of our case are open and evident. 27 From this we should learn some useful lessons about how, and whether, the process of regime formation (or as we shall see, regime reformation) produced a guide to future behavior that world decision-makers will actually use in shaping their conduct toward ocean resources and uses, and therefore, by inference, whether the process is a worthy candidate for shaping other international regimes.

11: Disadvantaged Fishing Rights (T-1) 163 Fig. 12: Disadvantaged Fishing Rights (T-2) 164 Fig. 13: Highly Migratory Species 169 Fig. 14: Highly Migratory Species (T-1) 170 Fig. 15: Highly Migratory Species (T-2) 171 Page viii Fig. 1: Vessel-Source Pollution Standards 186 Fig. 2: Vessel-Source Pollution Standards (T-1) 188 Fig. 3: Vessel-Source Pollution Standards (T-2) 191 Fig. 4: Vessel-Source Pollution Enforcement 196 Fig. 5: Vessel-Source Pollution Enforcement (T-1) 197 Fig. 6: Vessel-Source Pollution Enforcement (T-2) 199 Fig.

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