Law, Technology and the Sea

Abstract

R ECENT DEVELOPMENTS IN TECHNOLOGY have been matched by sweeping changes in the world community. Diverse techniques of social and political organization seek to cope with the revolution of rising expectations. Racial fears and suspicions are exacerbated by technological advances which seem to mock the efforts of have-not states to lessen the gap which separates them from the technological powers. New forms of cooperation, such as regional associations, are appearing while at the same time the forces of nationalism and especially the preoccupation with military security remain strong. International law attempts to serve as an impartial framework of reference for the processes of claim and decision. It seeks to limit the choice of alternative policies and methods of implementation to those most likely to enhance values shared by most members of the world community and therefore least likely to disrupt public order. From a sociological viewpoint, international law is, in our present age of machine technology, a form of technique. The strains on this technique are especially clear with respect to the allocation and management of resources and unoccupied space. Here, international law must reconcile diverse national interests by means of equitable and rational solutions. To be fully rational these solutions must also accommodate themselves to the overriding value of efficiency inherent in modern technology. As problems of allocation and management become more technical in nature, the logic of efficiency will be applied more rigorously. As traditionally structured, international law conflicts with this emerging hypertechnical logic.' This article will explore one aspect of this conflict by examining the significant changes taking place now and in prospect in the law of the sea.