Much of the ocean area is beyond the direct experience of most people and thus "out of sight, out of mind."

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1 Book Reviews 689 should ensure that costs related to the bearing of the risk or consequences of harm are rationally or equitably allocated" (p. 72). Article 10 of the Articles on Transboundary Harm, which presents a list of factors to be taken into consideration in determining how the burden of environmental risks should be distributed, takes the right approach. What appears to be missing- and it is a grave problemare the means to present a serious and credible threat of legal consequences to actors, states and operators that create or tolerate the creation of environmental risks. But it is not clear that a positive rule of state liability, as desirable as it might be, would go very far towards accomplishing this essential task. This book may not succeed in overcoming th~ immense obstacles to the recognition of state liability for transboundary environmental damage, but the contribution it makes is significant nevertheless. It is no mean feat to shed light on the murky landscape of responsibility and liability in international law, let alone to present a clear, compelling and logically coherent argument regarding the nature of these two concepts and their respective roles. Equally importantly, this book draws attention to the role of law, as distinct from politics, economics or other disciplines, to international environmental protection. Jaye Ellis Associate Dean (Academic) Hydro-Quebec Sustainable Development Law Scholar Faculty of Law McGill University Montreal, Quebec David D. Caron and Harry N. Scheiber, editors, The Oceans in the Nuclear Age: Legacies and Risks A Law of the Sea Institute Project (Leiden: Martinus Nijhoff Publishers, ), 57 3 pp. There are on[y 90,000 people out there. Jillho gives a damn! U.S. Secretary of State Henry Kissinger, speaking about the Marshall Islands where the U.S. conducted 66 nuclear detonations in the 1950s-1960s. 1 Nuclear submarines continue to rove free[y through the world's oceans, including the Pacific, collective[y armed with near[y 5000 nuclear weapons, each with an explosive force I times that if the bombs that destroyed Hiroshima and Nagasaki. Most if these weapons are primed and ready to be fired within minutes. Professor Elisabeth Mann Borgese and Alyn Ware 2 l. Reported in L. Moret, "From Hiroshima to Iraq- Uranium Wars: A Suicidal, Genocidal and Omnicidal Course," Global Research, June 12, Nuclear Denizens of the Deep, testimony to the NZ Foreign Affairs Committee.

2 690 Book Reviews In the seven and a half decades since the birth of the atomic age, the oceans have been used for nuclear weapons testing, dumping of nuclear waste, ocean transport of nuclear materials, and the deployment of nuclear weapons on submarines and surface ships. In addition, there have been releases into the oceans of radioactive isotopes from coastal nuclear facilities - most recently from Fukushima- and the accidental loss of a number of nuclear reactors and nuclear weapons at sea. The oceans have thus been an integral part of the politics, technical approaches, legal frameworks, environmental concerns and security relationships surrounding the development of nuclear weapons and nuclear energy. Some may argue that the management of nuclear technology on land has been substandard, resulting in the proliferation of weapons, a number of serious nuclear reactor accidents, and unacceptable environmental contamination (with limited liability) from the various parts of the nuclear fuel cycle, including uranium mining, fuel fabrication, regular releases from nuclear power facilities, warhead production, and land-based nuclear testing. Yet, management of ocean-based nuclear activities has escaped, to a large degree, even these limited controls. There are a number of reasons for this including: Much of the ocean area falls beyond the jurisdiction of nation states, which are still the predominant legal and political authority for management of resources and activities; Much of the ocean area is beyond the direct experience of most people and thus "out of sight, out of mind." As such there is a general approach of 'freedom of the high seas' where most activities are generally permitted, other than those that are accepted as contrary to international law - such as piracy and aggression (which does not include regular military activities)- with some concessions to environmental protection in exclusive economic zones - and a few international treaties now prohibiting specific actions (such as ocean dumping of nuclear waste). In one sense the oceans are a prime example of the Tragedy of the Commons, a situation described by ecologist Garrett Hardin whereby individual entities operating for their own self-interest in a common area end up destroying the area. 3 The Law of the Sea Convention was a huge step forward in developing a common approach to the oceans, providing some authority to coastal states to protect fisheries in the exclusive economic zones, and in establishing a Law of the Sea Tribunal for determining legal or illegal activity. But it still did not establish a global authority for managing the oceans. Thus, ocean management is left to a mix of specific treaties, ad hoc arrangements, regional mechanisms (which are generally very limited), and national measures. 3. G. Hardin, "The Tragedy of the Commons," Science 162, 3859 (1968):

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7 Book Reviews 695 Director of Aotearoa Lawyers for Peace (New Zealand) and Global Coordinator for Parliamentarians for Nuclear Non-proliferation and Disarmament Wellington, Aotearoa-New Zealand David A Colson and Robert W Smith, editors, International Maritime Boundaries Volume VI, American Society of International Law, (Leiden: Martinus Nijhoff, 2011), 486 pp. This collection is the sixth volume in the series on International Maritime Boundaries organized by the American Society of International Law. The first volumes were edited and coordinated by Jonathan I. Charney and Lewis M. Alexander, who established the tradition of providing comprehensive descriptions and analysis, complete texts of agreements, and clear maps - a tradition that has been ably continued in this valuable book by the current editors David A Colson and Robert W Smith. As in the earlier volumes, this one contains overview essays, which are followed by case studies of adjudicated maritime boundaries and negotiated agreements. The decisions of the International Court of Justice (ICJ) in the Honduras-Nicaragua and Romania-Ukraine Cases and of the arbitral tribunals in the Barbados- Trinidad and Tobago and Guyana-Suriname Cases are featured prominently, and another 39 maritime boundary situations are discussed. Colson and Smith are eminently qualified to serve as editors of this publication, as both of them have been involved in maritime delimitation issues for many years at the U.S. State Department and later in private capacities, and indeed both worked (on opposite sides) on the Guyana-Suriname Case. 1 The opening essay by David Anderson, former judge on the International Tribunal for the Law of the Sea, focuses on the four recent adjudications, showing how the decision makers have used a common approach of first drawing an equidistance line between the opposite or adjacent coasts and then determining whether this line should be adjusted in light of the geographical configuration to achieve an equitable result. Perhaps the most interesting aspect of the two ICJ decisions is the use of what Judge Anderson characterizes as "a 'mainlands' approach," whereby the tiny island features in the disputed areas (five sand cays in Nicaragua u Honduras and Serpents' Island in Romania u Ukraine) were enclaved 1. D.A. Colson and R.W Smith eds., International Maritime Boundaries VI, (American Society of International Law, Leiden: Martinus Nijhoff, 2011), 4243.