MGW 2014
3 week Policy Lab
MGW 2014 Topicality File
MGW 2014 Topicality File ............................................................................................................. 1
Definitions ....................................................................................................................................... 3
Resolved Colon: .......................................................................................................................... 4
United States Federal Government .............................................................................................. 5
Should.......................................................................................................................................... 7
Substantially ................................................................................................................................ 9
Increase...................................................................................................................................... 12
Its ............................................................................................................................................... 15
Military ...................................................................................................................................... 17
Non-Military.............................................................................................................................. 18
Can’t use the military ............................................................................................................ 19
Can Use the military .............................................................................................................. 23
Coast Guard = Military.......................................................................................................... 27
Coast guard = non-military.................................................................................................... 28
Exploration ................................................................................................................................ 29
Discovery through observation and recording....................................................................... 30
Exploration is not research .................................................................................................... 32
K Lab Aff = T ........................................................................................................................ 35
Exploration – must be new .................................................................................................... 36
Must have data collection ...................................................................................................... 38
Can’t mine ............................................................................................................................. 39
Development ............................................................................................................................. 40
Utilize resources .................................................................................................................... 41
Commercial ........................................................................................................................... 43
License/permits/structures ..................................................................................................... 44
Oil drilling not topical ........................................................................................................... 46
Oil leasing = development ..................................................................................................... 50
Development = coastal activities ........................................................................................... 52
Earth .......................................................................................................................................... 53
Ocean ......................................................................................................................................... 55
Oceans – General Definitions ................................................................................................ 56
Oceans – Excludes Other Water Bodies ................................................................................ 58
CFR definition ....................................................................................................................... 60
Ocean =/= Antarctic .............................................................................................................. 61
Ocean cannot be a specific sea .............................................................................................. 62
Territorial limits..................................................................................................................... 63
Ocean = Seabed ..................................................................................................................... 64
Ocean is not seabed ............................................................................................................... 66
The ocean = EEZ ................................................................................................................... 67
Ocean = past contiguous zone ............................................................................................... 69
What is Contiguous Zone ...................................................................................................... 71
Oceans – Excludes Above Surface ........................................................................................ 73
Ocean Education good............................................................................................................... 74
Precision Key ........................................................................................................................ 76
Limits key .............................................................................................................................. 77
Grammar key ......................................................................................................................... 78
The K Topic............................................................................................................................... 79
MGW 2014
3 week Policy Lab
The K topic ............................................................................................................................ 80
Definitions not already in this file ......................................................................................... 81
We ......................................................................................................................................... 82
Complicate............................................................................................................................. 83
Our ......................................................................................................................................... 84
Understanding ....................................................................................................................... 85
Of ........................................................................................................................................... 86
The ......................................................................................................................................... 89
Violations ...................................................................................................................................... 90
Exploration ................................................................................................................................ 91
T – 1nc exploration = discovery ............................................................................................ 92
Development ............................................................................................................................. 94
T – 1nc - OCS aff .................................................................................................................. 95
Non-Military.............................................................................................................................. 96
T- 1nc - Aff uses military ...................................................................................................... 97
Oceans ....................................................................................................................................... 99
T – 1nc – Aff is within the EEZ .......................................................................................... 100
K aff Violation – Self-Focused................................................................................................ 101
K T 1nc ................................................................................................................................ 102
K aff violation – Complicate ................................................................................................... 105
K T 1nc ................................................................................................................................ 106
Aff a2 OCS violation ............................................................................................................... 107
2ac cards .............................................................................................................................. 108
MGW 2014
3 week Policy Lab
Definitions
MGW 2014
3 week Policy Lab
Resolved Colon:
Colon is meaningless, everything after it is what’s important
Webster’s 00 (Guide to Grammar and Writing,
http://ccc.commnet.edu/grammar/marks/colon.htm)
Use of a colon before a list or an explanation that is preceded by a clause that can stand
by itself. Think of the colon as a gate, inviting one to go on… If the introductory phrase
preceding the colon is very brief and the clause following the colon represents the real
business of the sentence, begin the clause after the colon with a capital letter.
The colon just elaborates on what the community was resolved to debate
Encarta 2007 (World Dictionary, “colon”,
http://encarta.msn.com/encnet/features/dictionary/DictionaryResults.aspx?refid=1861
598666)
co·lon (plural co·lons)
noun
Definition:
1. punctuation mark: the punctuation mark (:) used to divide distinct but related
sentence components such as clauses in which the second elaborates on the first, or
to introduce a list, quotation, or speech. A colon is sometimes used in U.S. business
letters after the salutation. Colons are also used between numbers in statements of
proportion or time and Biblical or literary references.
MGW 2014
3 week Policy Lab
United States Federal Government
“Federal Government” means the United States government
Black’s Law 99 (Dictionary, Seventh Edition, p.703)
The U.S. government—also termed national government
National government, not states or localities
Black’s Law 99 (Dictionary, Seventh Edition, p.703)
A national government that exercises some degree of control over smaller political units
that have surrendered some degree of power in exchange for the right to participate in
national political matters
Government of the USA
Ballentine's 95 (Legal Dictionary and Thesaurus, p. 245)
the government of the United States of America
Not states
OED 89 (Oxford English Dictionary, 2ed. XIX, p. 795)
b. Of or pertaining to the political unity so constituted, as distinguished from the
separate states composing it.
Central government
American heritage dictionary 1992 (American Heritage Dictionary of the English
Language, p. 647)
federal—3. Of or relating to the central government of a federation as distinct from
the governments of its member units.
“Federal” refers to a government in which states form a central government
American heritage dictionary 1992 (American Heritage Dictionary of the English
Language, p. 647)
federal—1. Of, relating to, or being a form of government in which a union of states
recognizes the sovereignty of a central authority while retaining certain residual powers
of government.
“Government” is all three branches
Black’s Law 90 (Dictionary, p. 695)
“[Government] In the United States, government consists of the executive, legislative,
and judicial branches in addition to administrative agencies. In a broader sense, includes
the federal government and all its agencies and bureaus, state and county governments,
and city and township governments.”
MGW 2014
3 week Policy Lab
Includes agencies
Words & Phrases 2004 (Cumulative Supplementary Pamphlet, v. 16A, p. 42)
N.D.Ga. 1986. Action against the Postal Service, although an independent
establishment of the executive branch of the federal government, is an action against
the “Federal Government” for purposes of rule that plaintiff in action against
government has right to jury trial only where right is one of terms of government’s
consent to be sued; declining to follow Algernon Blair Industrial Contractors, Inc. v.
Tennessee Valley Authority, 552 F.Supp. 972 (M.D.Ala.). 39 U.S.C.A. 201; U.S.C.A.
Const.Amend. 7.—Griffin v. U.S. Postal Service, 635 F.Supp. 190.—Jury 12(1.2).
MGW 2014
3 week Policy Lab
Should
Should refers to what should be NOT what should have been
Oxford English Dictionary 1989 (2ed. XIX), pg. 344
Should An utterance of the word should. Also, what ‘should be’.
Should means an obligation or duty
American Heritage dictionary 1992 [American Heritage Dictionary of the English
Language, 1992 (4ed); Pg. 1612
Should—1. Used to express obligation or duty: You should send her a note.
Should expresses an expectation of something
American Heritage dictionary 1992 [American Heritage Dictionary of the English
Language, 1992 (4ed); Pg. 1612
Should—2. Used to express probability or expectation: They should arrive at noon.
Should expresses conditionality or contingency
American Heritage dictionary 1992 [American Heritage Dictionary of the English
Language, 1992 (4ed); Pg. 1612
Should—3. Used to express conditionality or contingency: If she should fall, then so
would I.
“Should” expresses duty, obligation, or necessity
American Heritage dictionary 1992 [Webster’s Third New International Dictionary
1961 p. 2104
Used in auxiliary function to express duty, obligation, necessity, propriety, or expediency
“Should” means desirable --- this does not have to be a mandate
Atlas collaboration 1999 [Atlas Collaboration, “Use of Shall, Should, May Can,”
http://rd13doc.cern.ch/Atlas/DaqSoft/sde/inspect/shall.html ]
shall
'shall' describes something that is mandatory. If a requirement uses 'shall', then that
requirement _will_ be satisfied without fail. Noncompliance is not allowed. Failure to
comply with one single 'shall' is sufficient reason to reject the entire product. Indeed, it
must be rejected under these circumstances. Examples: # "Requirements shall make use
of the word 'shall' only where compliance is mandatory." This is a good example. #
"C++ code shall have comments every 5th line." This is a bad example. Using 'shall' here
is too strong.
should
MGW 2014
3 week Policy Lab
'should' is weaker. It describes something that might not be satisfied in the final
product, but that is desirable enough that any noncompliance shall be explicitly
justified. Any use of 'should' should be examined carefully, as it probably means that
something is not being stated clearly. If a 'should' can be replaced by a 'shall', or can be
discarded entirely, so much the better. Examples: # "C++ code should be ANSI
compliant." A good example. It may not be possible to be ANSI compliant on all
platforms, but we should try. # "Code should be tested thoroughly." Bad example.
This 'should' shall be replaced with 'shall' if this requirement is to be stated anywhere (to
say nothing of defining what 'thoroughly' means).
“Should” doesn’t require certainty
Black’s Law 1979 [Black’s Law Dictionary – Fifth Edition, p. 1237]
Should. The past tense of shall; ordinarily implying duty or obligation; although usually
no more than an obligation of propriety or expediency, or a moral obligation, thereby
distinguishing it from “ought.” It is not normally synonymous with “may,” and although
often interchangeable with the word “would,” it does not ordinarily express certainty
as “will” sometimes does.
MGW 2014
3 week Policy Lab
Substantially
“Substantial increase” must occur across the board
Anderson 2005 [Brian Anderson, Becky Collins, Barbara Van Haren & Nissan Bar-Lev,
Wisconsin Council of Administrators of Special Services (WCASS) Committee
Members. 2005 WCASS Research / Special Projects Committee* Report on: A
Conceptual Framework for Developing a 504 School District Policy
http://www.specialed.us/issues-504policy/504.htm#committee
The issue “Does it substantially limit the major life activity?” was clarified by the US
Supreme Court decision on January 8th, 2002 , “Toyota v. Williams”. In this labor
related case, the Supreme Court noted that to meet the “substantially limit”
definition, the disability must occur across the board in multiple environments, not
only in one environment or one setting. The implications for school related 504
eligibility decisions are clear: The disability in question must be manifested in all facets
of the student’s life, not only in school.
“Substantially” is a relative term --- context key
Words and Phrases 1964 [vol. 40, p. 816]
The word “substantially” is a relative term and should be interpreted in accordance with
the context of claim in which it is used. Moss v. Patterson Ballagh Corp. D.C.Cal., 80
P.Supp. C10, 637.
"Substantially" must be gauged in context
Words and Phrases 2002 [Volume 40A, p. 464]
Cal. 1956. “Substantial” is a relative term, its measure to be gauged by all the
circumstances surrounding the matter in reference to which the expression has been used
Make the best determination available. Substantially must be given meaning
Words and Phrases 1960 [Vol. 40, State – Subway, p. 762]
“Substantial” is a relative word, which, while it must be used with care and
discrimination, must nevertheless be given effect, and in a claim of patent allowed
considerable latitude of meaning where it is applied to such subject as thickness, as by
requiring two parts of a device to be substantially the same thickness, and cannot be held
to require them to be of exactly the same thickness. Todd. V. Sears Roebuck & Co.,
D.C.N.C., 199 F.Supp. 38, 41.
Using context removes the arbitrariness of assigning a fixed percentage to “substantial”
Viscasillas 2004 [professor at the Universidad Carlos III de Madrid, Pilar, “Contracts for
the Sale of Goods to Be Manufactured or Produced and Mixed Contracts (Article 3
CISG)”, CISG Advisory Council Opinion No. 4, 10-24,
http://cisgac.com/default.php?ipkCat=128&ifkCat=146&sid=146 ]
MGW 2014
3 week Policy Lab
2.8. Legal writers who follow the economic value criterion have generally quantified the
term "substantial part" by comparing Article 3(1) CISG (substantial) with Article 3(2)
CISG (preponderant): substantial being less than preponderant. In this way, legal writers
have used the following percentages to quantify substantial: 15%,[14] between 40% and
50%,[15] or more generally 50%.[16] At the same time, other authors, although they
have not fixed any numbers in regard to the quantification of the term "substantial" have
declared that "preponderant" means "considerably more than 50% of the price" or
"clearly in excess of 50%".[17] Thus it seems that for the latter authors, the quantification
of the term "substantial" is placed above the 50% figure. Also, some Courts have
followed this approach.[18] 2.9. To consider a fixed percentage might be arbitrary due to
the fact that the particularities of each case ought to be taken into account; that the
scholars are in disagreement; and that the origin of those figures is not
clear.[19]Therefore, it does not seem to be advisable to quantify the word "substantial" a
priori in percentages. A case-by-case analysis is preferable and thus it should be
determined on the basis of an overall assessment.
Substantial is at least 50%
UNEP 2002 [United Nations Environmental Program, 10-2,
www.unep.org/geo/geo3/english/584.htm ]
Change in selected pressures on natural ecosystems 2002-32. For the ecosystem quality
component, see the explanation of the Natural Capital Index. Values for the cumulative
pressures were derived as described under Natural Capital Index. The maps show the
relative increase or decrease in pressure between 2002 and 2032. 'No change' means less
than 10 per cent change in pressure over the scenario period; small increase or decrease
means between 10 and 50 per cent change; substantial increase or decrease means 50 to
100 per cent change; strong increase means more than doubling of pressure. Areas which
switch between natural and domesticated land uses are recorded separately.
A substantial development is worth atleast $6400
Washington Department of Ecology 2013 [Department of Ecology, State of
Washington 2013 What is "substantial development?"
http://www.ecy.wa.gov/programs/sea/sma/st_guide/administration/substantial_developm
ent.html
"Substantial development" shall mean any development of which the total cost or fair
market value exceeds five thousand dollars, or any development which materially
interferes with the normal public use of the water or shorelines of the state. The dollar
threshold established inthis subsection (3)(e) must be adjusted for inflation by the office
of financial management every five years, beginning July 1, 2007, based upon changes in
the consumer price index during that time period. "Consumer price index" means, for any
calendar year, that year's annual average consumer price index, Seattle, Washington area,
for urban wage earners and clerical workers, all items, compiled by the bureau of labor
and statistics, United States department of labor. The office of financial management
must calculate the new dollar threshold and transmit it to the office of the code reviser for
publication in the Washington State Register at least one month before the new dollar
MGW 2014
3 week Policy Lab
threshold is to take effect. The following shall not be considered substantial
developments for the purpose of this chapter: On September 1, 2007 the substantial
development threshold was increased to $5,718. On September 15, 2012 it was increased
to $6,416.
“Substantial” must be at least 2%
Words & Phrases 60
'Substantial" means "of real worth and importance; of considerable value; valuable."
Bequest to charitable institution, making 1/48 of expenditures in state, held exempt from
taxation; such expenditures constituting "substantial" part of its activities. Tax
Commission of Ohio v. American Humane Education Soc., 181 N.E. 557, 42 Ohio App.
4.
Less than 10% is insubstantial
Mickels 2008 [Alissa, JD Candidate – Hastings College of Law, “Summary of Existing
US Law Affecting Fourth Sector Organizations”, 7-17,
http://www.fourthsector.net/attachments/7/original/Summary_of_US_Law_Affecting_
FS.pdf?1229493187 ]
Substantial v. insubstantial: Modern courts consider competition with commercial firms
as “strong evidence of a substantial nonexempt purpose.” Living Faith, Inc. v. Comm’r,
60 T.C.M. 710, 713 (1990). Although the tax court has held that the definition of
insubstantial is fact specific, it has found that less than ten percent of a charity’s total
efforts is “insubstantial”, World Family Corp. v. Comm’r, 78 T.C. 921 (1982), where as
unrelated business activity generating one-third of an organizations revenue does not
qualify for tax-exempt status. Orange County Agric. Soc’y, Inc. v. Comm’r, 55 T.C.M.
1602, 1604 (1988), aff’d 893 F.2d 647 (2d Cir. 1990). However, this may be changing
after an increasing emphasis on commensurate test.
Substantially is without material qualification
Black’s Law 1991 (Dictionary, p. 1024)
Substantially - means essentially; without material qualification.
MGW 2014
3 week Policy Lab
Increase
-“Increase” means to make greater and requires pre-existence
Buckley 2006 [Jeremiah, Attorney, Amicus Curiae Brief, Safeco Ins. Co. of America et
al v.
Charles Burr et al, http://supreme.lp.findlaw.com/supreme_court/briefs/06-84/0684.mer.ami.mica.pdf ]
First, the court said that the ordinary meaning of the word “increase” is “to make
something greater,” which it believed should not “be limited to cases in which a company
raises the rate that an individual has previously been charged.” 435 F.3d at 1091. Yet the
definition offered by the Ninth Circuit compels the opposite conclusion. Because
“increase” means “to make something greater,” there must necessarily have been an
existing premium, to which Edo’s actual premium may be compared, to determine
whether an “increase” occurred. Congress could have provided that “ad-verse action” in
the insurance context means charging an amount greater than the optimal premium, but
instead chose to define adverse action in terms of an “increase.” That def-initional choice
must be respected, not ignored. See Colautti v. Franklin, 439 U.S. 379, 392-93 n.10
(1979) (“[a] defin-ition which declares what a term ‘means’ . . . excludes any meaning
that is not stated”). Next, the Ninth Circuit reasoned that because the Insurance Prong
includes the words “existing or applied for,” Congress intended that an “increase in any
charge” for insurance must “apply to all insurance transactions – from an initial policy of
insurance to a renewal of a long-held policy.” 435 F.3d at 1091. This interpretation reads
the words “exist-ing or applied for” in isolation. Other types of adverse action described
in the Insurance Prong apply only to situations where a consumer had an existing policy
of insurance, such as a “cancellation,” “reduction,” or “change” in insurance. Each of
these forms of adverse action presupposes an already-existing policy, and under usual
canons of statutory construction the term “increase” also should be construed to apply to
increases of an already-existing policy. See Hibbs v. Winn, 542 U.S. 88, 101 (2004) (“a
phrase gathers meaning from the words around it”) (citation omitted).
-“Increase” requires pre-existence
Brown 2003 [US Federal Judge – District Court of Oregon, Elena Mark and Paul
Gustafson,
Plaintiffs, v. Valley Insurance Company and Valley Property and Casualty, Defendants,
7-17, Lexis)
FCRA does not define the term "increase." The plain and ordinary meaning of the verb
"to increase" is to make something greater or larger. 4 Merriam-Webster's [**22]
Collegiate Dictionary 589 (10th ed. 1998). The "something" that is increased in the
statute is the "charge for any insurance." The plain and common meaning of the noun
"charge" is "the price demanded for something." Id. at 192. Thus, the statute plainly
means an insurer takes adverse action if the insurer makes greater (i.e., larger) the price
demanded for insurance. An insurer cannot "make greater" something that did not exist
MGW 2014
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previously. The statutory definition of adverse action, therefore, clearly anticipates an
insurer must have made an initial charge or demand for payment before the insurer can
increase that charge. In other words, an insurer cannot increase the charge for insurance
unless the insurer previously set and demanded payment of the premium for that insured's
insurance [**23] coverage at a lower price.
-“Increase” means to become larger or greater in quantity
Encarta 2006 [Encarta Online Dictionary. 2006, "Increase"
http://encarta.msn.com/encnet/features/dictionary/DictionaryResults.aspx?refid=1861620
741)
in·crease [ in kr ss ] transitive and intransitive verb (past and past participle in·creased,
present participle in·creas·ing, 3rd person present singular in·creas·es)Definition: make
or become larger or greater: to become, or make something become, larger in number,
quantity, or degree noun (plural in·creas·es)
-“Increase” does not mean to decrease
Webster’s 13 [Webster’s Dictionary. 1913 "Increase", http://machaut.uchicago.edu/cgibin/WEBSTER.sh?WORD=increase ]
In*crease" (?), v. i. To become greater or more in size, quantity, number, degree, value,
intensity, power, authority, reputation, wealth; to grow; to augment; to advance; -opposed to decrease.
-“Increase” is the opposite of decrease
Cambridge 2008 [Cambridge Dictionary, “increase”, 2008,
http://dictionary.cambridge.org/define.asp?key=increase*1+0&dict=A)
increase [Show phonetics] verb [I/T] to become or make (something) larger or greater.
The opposite of increase is decrease.
-“Increase” means to make greater
Merriam Webster 2009 (Merriam Webster Online Dictionary, “Increase”,
http://www.merriamwebster.com/dictionary/increase[1]) intransitive verb1: to become
progressively greater (as in size, amount, number, or intensity)2: to multiply by the
production of youngtransitive verb1: to make greater : augment2obsolete : enrich
-“Increase” means a net increase
Rogers 2005 [Judge, New York, et al., Petitioners v. U.S. Environmental Protection
Agency, Respondent, NSR Manufacturers Roundtable, et al., Intervenors, 2005 U.S. App.
LEXIS 12378, **; 60 ERC (BNA) 1791, Lexis ]
MGW 2014
3 week Policy Lab
[**48] Statutory Interpretation. HN16While the CAA defines a "modification" as any
physical or operational change that "increases" emissions, it is silent on how to calculate
such "increases" in emissions. 42 U.S.C. § 7411(a)(4). According to government
petitioners, the lack of a statutory definition does not render the term "increases"
ambiguous, but merely compels the court to give the term its "ordinary meaning." See
Engine Mfrs.Ass'nv.S.Coast AirQualityMgmt.Dist., 541 U.S. 246, 124 S. Ct. 1756, 1761,
158 L. Ed. 2d 529(2004); Bluewater Network, 370 F.3d at 13; Am. Fed'n of Gov't
Employees v. Glickman, 342 U.S. App. D.C. 7, 215 F.3d 7, 10 [*23] (D.C. Cir. 2000).
Relying on two "real world" analogies, government petitioners contend that the ordinary
meaning of "increases" requires the baseline to be calculated from a period immediately
preceding the change. They maintain, for example, that in determining whether a highpressure weather system "increases" the local temperature, the relevant baseline is the
temperature immediately preceding the arrival of the weather system, not the temperature
five or ten years ago. Similarly, [**49] in determining whether a new engine "increases"
the value of a car, the relevant baseline is the value of the car immediately preceding the
replacement of the engine, not the value of the car five or ten years ago when the engine
was in perfect condition.
MGW 2014
3 week Policy Lab
Its
-“Its” refers to the United States Federal Government and is possessive
Updegrave 1991 [W.C., “Explanation of ZIP Code Address Purpose”, 8-19,
http://www.supremelaw.org/ref/zipcode/updegrav.htm ]
More specifically, looking at the map on page 11 of the National ZIP Code Directory,
e.g. at a local post office, one will see that the first digit of a ZIP Code defines an area
that includes more than one State. The first sentence of the explanatory paragraph begins:
"A ZIP Code is a numerical code that identifies areas within the United States and its
territories for purposes of ..." [cf. 26 CFR 1.1-1(c)]. Note the singular possessive
pronoun "its", not "their", therefore carrying the implication that it relates to the
" U nited S tates" as a corporation domiciled in the D istrict of C olumbia (in the
singular sense), not in the sense of being the 50 States of the Union (in the plural
sense). The map shows all the States of the Union, but it also shows D.C., Puerto Rico
and the Virgin Islands, making the explanatory statement literally correct.
-‘Its’ is possessive
English Grammar 2005 (Glossary of English Grammar Terms,
http://www.usingenglish.com/glossary/possessive-pronoun.html)
Mine, yours, his, hers, its, ours, theirs are the possessive pronouns used to substitute a
noun and to show possession or ownership. EG. This is your disk and that's mine. (Mine
substitutes the word disk and shows that it belongs to me.)
-Its means:
its Top 1000 frequently used words Syllabification: its Pronunciation: /its /
DETERMINER 1Belonging to or associated with a thing previously mentioned or easily
identified: turn the camera on its side he chose the area for its atmosphere
Oxford Dictionary 2014 [Oxford Dictionary, “its,”
http://www.oxforddictionaries.com/us/definition/american_english/its ]
the united states must own and control the action of the topic
Lienert 2009 [Ian Lienert, senior economist for the International Monetary Fund, an
organization of 188 countries, working to foster global monetary cooperation and secure
financial stability, “Where Does the Public Sector End and the Private Sector Begin?,”
http://www.imf.org/external/pubs/ft/wp/2009/wp09122.pdf ]
The concept of ownership is critical in defining the institutional units that belong to the
public or private sectors. International accounting standards give precedence to economic
ownership over legal ownership. Economic ownership is exercised by a controlling entity
when it has the power to govern the financial and operating policies of the other entity.
MGW 2014
3 week Policy Lab
Two conditions are essential for economic control: first, at least one “power” condition,
such as the majority voting interest or the power to appoint or remove governing board
members, is required; second, at least one “benefit” condition, such as the power to
dissolve the entity or to control asset distributions, is also needed.
MGW 2014
3 week Policy Lab
Military
“Military” is the armed forces
American Heritage Dictionary, “military”,
https://education.yahoo.com/reference/dictionary/entry/military
mil·i·tar·y audio (ml-tr) KEY
ADJECTIVE:
Of, relating to, or characteristic of members of the armed forces: a military bearing;
military attire.
Performed or supported by the armed forces: military service.
Of or relating to war: military operations.
Of or relating to land forces.
More evidence
Collins English Dictionary, “military”,
http://www.collinsdictionary.com/dictionary/english/military
(ˈmɪlɪtərɪ Pronunciation for military ; -trɪ)
Definitions
adjective
of or relating to the armed forces (esp the army), warlike matters, etc
of, characteristic of, or about soldiers
Army, Navy, Air Force, Marine Corps, and Coast Guard = military
Busch 2009 [Philip B. Busch, Office of Chief Counsel, “Employment Authorization and
Verification of Aliens Enlisting in the Armed Forces [74 FR 7993] [FR 14-09]”,
http://www.uscis.gov/ilink/docView/FR/HTML/FR/0-0-0-1/0-0-0-186558/0-0-0199368/0-0-0-199448.html
I. Background and Purpose
Section 504 of Title 10, U.S. Code, provides citizenship and immigration status eligibility
criteria for enlistment in the Armed Forces. The Armed Forces are defined under 10
U.S.C. 101(a)(4) to mean only the U.S. Army, Navy, Air Force, Marine Corps, and
Coast Guard. Under section 504, only citizens and noncitizen nationals of the United
States; lawful permanent resident aliens; and certain nationals of the Federated States of
Micronesia, the Republic of the Marshall Islands, and Palau who are admissible as
nonimmigrants under the Compacts of Free Association with those nations, are eligible to
enlist in the Armed Forces. See 10 U.S.C. 504(b)(1). Section 504(b)(2), however, also
authorizes the Secretary of any Armed Force to enlist other aliens ‘‘if the Secretary
determines that such enlistment is vital to the national interest.’’ Id. section 504(b)(2).
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Non-Military
MGW 2014
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Can’t use the military
Cant use military or their structures, it’s distinct from “non-combat”
Brown 2012 [Sylvia, PhD thesis at the SOAS University of London, “Youths in nonmilitary roles in an armed opposition group on the Burmese-Thai border”
http://eprints.soas.ac.uk/15634 ]
The term ‘youth’ is understood in this study to be a socially constructed emic term which,
like all social constructions, is not static, but continually re-defined by society based on
the social context of the time. The term ‘non-military’ is used here to refer to roles
which are not located within army or militia structures. Since roles within military
structures involve both combat and non-combat roles (army cooks, porters, signallers
and engineers, for example), the term ‘non-combat’ can be used to refer to ancillary
roles within a military, which are not the focus of this study. This study is concerned
with participants outside the armed wing of an armed opposition group entirely, for
instance, within its administrative apparatus or mass organisations.
Limiting military is key to precision
Geneva Convention 1971 [III: PROTECTION OF THE CIVILIAN POPULATION
AGAINST DANGERS OF HOSTILITIES, “CONFERENCE OF GOVERNMENT
EXPERTS ON the Reaffirmation and Development of Intemational Humanitarian Law
Applicable in Armed Conflicts”, May 24, 1971 ]
The ensemble of non-military objects, mentioned in these various provisions, obviously
do not constitute the ensemble of non-military objects designed for the use of the
civilian population and, in order to arrive at a general notion of non-military objects,
their common denominators must be sought. These latter alone can permit the notion of
non-military objects in its widest sense to be specified objectively and, at the same time,
permit the scope of an interpretation a contrario of military objectives to be limited,
because, with the sole legal provisions in force, this last danger is too great. The
attempts made to find a definition of non- military objects, de lege ferenda, mostly deal
only with specific non-military objects which could never be made the objects of
attack 71/.
More evidence – including military = explodes the topic
Wuerzner 2008 [Carolin, Former Editorial Assistant for the International Review of the
Red Cross, “Mission Impossible? Bringing Charges for the Crime of Attacking Civilians
or Civilian Objects Before International Criminal Tribunals”, December 2008,
http://www.icrc.org/eng/assets/files/other/irrc-872-wuerzner.pdf ]
In order to clarify better what constitutes a military objective, there have been attempts to
draw up non-exhaustive lists of objects that are generally recognized as military
objectives. The ICRC, for instance, made such an attempt in 1956.40 The defence
counsel in the Strugar case also gave a list of examples of military objectives, namely
buildings and objects that provide administrative and logistical support for military
objectives, as well as examples of objects that in certain circumstances may constitute
military objectives: transport systems for military supplies and transport centres where
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lines of communication converge.41 It is, however, impossible to rely on a list in order to
define the term ‘military objective’. Practically everything can become a legitimate
target, as long as two conditions are cumulatively met: the object’s contribution to
military action must be ‘effective’, and the military advantage of its destruction must be
‘definite’.42 Both criteria must be fulfilled ‘in the circumstances ruling at the time’.43
Furthermore, in this definition of the term ‘military’ the said advantage and contribution
are strictly limited to what is purely military, thus excluding objects of political,
economic and psychological importance to the enemy.44
Non-military is distinct from non-aggressive or non-combat operations – it implies a
prohibition of military activities
Benkeo 1985 [Marrietta, Professor of Astronomical Space Research at Utrecht
University Observatory, “Space Law in the United Nations” ]
4.3.1.1 The Terms 'Peaceful', 'Non-Military' and 'Non-Aggressive' The vast literature on
the subject shows, in space law, two major interpretations of' peaceful': that of nonmilitary and that of non-aggressive53. In international law ‘non-military’ is defined as the
prohibition to use outer space for military activities in times of peace, whereas 'nonaggressiveness' refers to the permission to use at least partial military precautions. The
term 'non-aggressiveness' includes the possibility to apply military activities in outer
space law-fully as long as those activities do not aim at direct attack in the sense of the
United Nations definition of 'aggression'. The concept of non-aggressiveness is, from the
political point of view, therefore a much broader one than the non-military one: it permits
among other things almost all present activities in outer space such as those of 'spy'
satellites, interceptor satellites, remote sensing satellites of a certain type as well as laser
beam experiments and the use of nuclear power in outer space. At this point it begins to
be difficult for those among us who are in favour of peace on Earth as well as in the rest
of outer space, because many outer space activities, scientific or not, have up to now been
executed by military personnel*; so that, if we had to get rid of the 'non-military', this
would mean that space research as it stands would become impossible. But it would be
difficult, if not impossible, to discontinue space research, the more so since international
law, and, to a smaller degree space law, do not forbid the use of outer space for military
purposes.
Nonmilitary Doesn’t include armed forces
Oxford English Dictionary 2014,
http://www.oxforddictionaries.com/us/definition/american_english/nonmilitary ]
nonmilitary
Syllabification: non·mil·i·tar·y, Pronunciation: /ˌnänˈmiləˌterē / ADJECTIVE
Not belonging to, characteristic of, or involving the armed forces; civilian:
The prefix “non-” means the military must be absent
Webster’s 14 [Merriam-Webster’s Online Dictionary, “non-”, http://www.merriamwebster.com/dictionary/nonmilitary
non-
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prefix \(ˈ)nän also ˌnən or ˈnən before ˈ-stressed syllable, ˌnän also ˌnən before ˌ-stressed
or unstressed syllable; the variant with ə is also to be understood at pronounced entries,
though not shown\
: not
Full Definition of NON1: not : other than : reverse of : absence of <nontoxic> <nonlinear>
2: of little or no consequence : unimportant : worthless <nonissues> <nonsystem>
3: lacking the usual especially positive characteristics of the thing specified
<noncelebration> <nonart>
“Non-military” means only civilian activity---even peacetime activity of military
forces is excluded
Bunyan 2006 [Tony Bunyan, Director and Editor of Statewatch, “Essays for an Open
Europe”, http://www.statewatch.org/secret/essays2.htm
There are a few other aspects to the Solana decision which are worrisome. First, the
phrase "non-military crisis management" refers to civilian aspects of crisis
management, such as police and judicial co-operation. This would exclude, for
example, access to all documents relating to the new EU rapid-reaction paramilitary
police force, even with regard to policy-making matters . Second, the Solana decision
allows international organisations such as NATO and third countries such as the US to
veto a citizens access to documents if the documents have been drawn up by or in
conjunction with them. For all the rhetoric of the EU on the need for greater transparency
only the Netherlands, Sweden, and Finland voted against adoption of the Council's
Solana decision.
Military operations “other than war” are limitless
Stepanova 2002 [Dr Ekaterina Stepanova heads Peace and Conflict Studies Unit and is a
lead researcher at Institute of the World Economy & International Relations Candidate of
Historical Sciences, “MILITARY OPERATIONS OTHER THAN WAR (THE U.S.
VIEW)” – Military Thought – No. 2, 2002 – pp. 127–133]
The term “operations other than war”* itself is formulated by the rule of contraries,
stressing their specifics as opposed to conventional military operations. The change of
terminology was also supposed to symbolize the difference of the new concept, which
placed a special thrust on the non-military character of humanitarian, peacekeeping, and
other suchlike operations, from the 1970s-1980s theory of low-intensity conflicts where
they were regarded as less intensive military operations. The concept of operations
other than war is by definition rather blurry : In U.S. society itself, there are plenty of
versions of their definition and classification, as reflected in the relevant documents by
the Joint Chiefs of Staff, the Department of Defense, U.S. Army field manuals, and so
forth.2 The U.S. military doctrine specifies the following main types of operations other
than war: Humanitarian operations in crisis zones that for their part include the
following: assistance in natural disasters and other emergencies (say, man-made
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disasters); assistance to refugees and displaced persons; ensuring the security of
humanitarian operations (facilitating access for international humanitarian organization
and service officers to disaster areas, and protection of humanitarian personnel, columns
of refugees and areas of their temporary accommodation, humanitarian aid convoys and
depots as well as seaports and airports used to deliver humanitarian aid); and technical
support—say, in “humanitarian mine-clearing” (not directly connected with military
necessity).Peace support operations: peacekeeping operations, contingent on consent
by the belligerents to the presence of peacekeeping forces as well as non-use of force to
the extent possible, even in self-defense—say, the UN operation in Cyprus (since 1964)
or Cambodia (1991-1992 and 1992-1993); and peace enforcement operations, with none
of the aforementioned limitations—e.g., NATO operations in Bosnia (since 1995) and
Kosovo (since 1999).Counterinsurgency and nation assistance (assistance in creating
local (national) security agencies—training, arming, technical and information support;
humanitarian and other non-emergency assistance, etc.).Support for insurgency
(guerrilla) movements in other countries (support by the U.S. military-political
leadership for the mujahedin in Afghanistan in 1979-1989).Noncombatant evacuation
operations in zones of conflict or man-made disaster (e.g., 1991 operations to evacuate
U.S. and other citizens from Somalia and Zaire).Sanctions enforcement (e.g., the 1993
operation along the Haitian coast) and no-fly zone enforcement—in Iraq (since 1992) and
in Bosnia (since 1993).Show of force (patrolling by U.S. Air Force of insurgency bases
in the course of a coup attempt in the Philippines in 1989).Non-combat operations also
include short-term actions to deliver pinpoint strikes, controlling proliferation of
weapons of mass destruction, arms control (inspections), and interagency military
contacts.3Although U.S. military doctrine provides for military participation in
operations other than war mainly abroad, it allows for the use of armed forces in
operations other than war also domestically. This includes support for civilian
authorities—in dealing with strikes, emergencies and natural disasters as well as in
search-and-rescue, humanitarian, and other operations; law enforcement
agencies—in restoring public order (in the event of mass riots), protection of sensitive
installations (e.g., electric power and water intake stations, transport and communication
nodes, and so forth) as well as in counterdrug and counterterrorism
operations.Whereas some types of operations other than war provide for the use of force
(say, peace enforcement), others (humanitarian or “traditional” peacekeeping operations)
do not. Oftentimes both types of operation are conducted simultaneously: Humanitarian
operation combined with peace enforcement (as in Bosnia, Kosovo, etc.) is becoming
standard practice. Finally, operations other than war can be both multilateral
(multinational) and unilateral—i.e., conducted by one or several countries. The most
common types of operations other than war are peacekeeping and humanitarian
operations.
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Can Use the military
Ocean exploration or development would be considered a mixed object with no
military purpose. So long as the plan has no military purpose, it can topically use
the military
Geneva Convention 1971 [III: PROTECTION OF THE CIVILIAN POPULATION
AGAINST DANGERS OF HOSTILITIES, “CONFERENCE OF GOVERNMENT
EXPERTS ON the Reaffirmation and Development of Intemational Humanitarian Law
Applicable in Armed Conflicts”, May 24, 1971 ]
In terminology used up to date, the term "mixed object- ives" was chosen to apply to two
categories of object; firstly for the category which will be called "mixed objectives in
the strict sense", that is, objects which can be used for both military and civilian
requirements at the same time; secondly, for the category of object which will be
called "mixed objects" that is, objects which, according to their usual purpose, are nonmilitary objects but which, by means of a simple transformation, may easily be used
directly in the military effort or operations; these latter are, so to speak, "potential
military objectives". A mixed objective would be, for example, a factory producing both
civilian and military equipment and a mixed object would be a school turned into a
barracks. 68/ The difference between "mixed objectives" and "mixed ob- jects" would
be the following a) The mixed object would only become a military object- ive if it
took on a direct military function following a change, despite its usual purpose .. b)
The mixed objective, in the strict sense, would only become a military objective on two
conditions: first- ly, its function in support of military requirements must be
preponderant; secondly, its military function, if it were preponderant, must represent an
adequate cause in the military effort or operations for the party undergoing an attack.
The usage of the aff determines if the actor is acting in a non-military capacity.
Geneva Convention 1971 [III: PROTECTION OF THE CIVILIAN POPULATION
AGAINST DANGERS OF HOSTILITIES, “CONFERENCE OF GOVERNMENT
EXPERTS ON the Reaffirmation and Development of Intemational Humanitarian Law
Applicable in Armed Conflicts”, May 24, 1971 ]
A distinction was made, therefore, before the war of front to determine military
objectives, by having recourse either to the criterion of the military nature of the object,
or to that of its function for the defence front. This criter- ion of function became more
and more necessary, having regard to the growing importance of military aviation and of
war of movement. Conversely, however, according to this latter criterion on object
Which, by its normal purpose, constitutes a military objective, may become a nonmilitary object if its function changes (for example, the barracks abandoned by troops
and transformed into a hospital 60/.
Military assets can be used for “non-military” exploration/development
Gvosdev 2010 [Nikolas K. Gvosdev is a professor of national security studies at the U.S.
Naval War College. He is currently a senior editor at The National Interest. – internally
quoting Derek Reveron, who is a professor of national security affairs at the U.S. Naval
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War College – “The Defense Exports” – The National Interest – October 10, 2010 –
http://nationalinterest.org/commentary/the-defense-exports-4201
Derek Reveron’s concept of “exporting security” (discussed in detail in a book of the
same name just released by Georgetown University Press) could provide a way forward
out of this impasse. Although the public’s attention is drawn to the ongoing conflicts in
Iraq and Afghanistan, much of what the U.S. military is doing today is strengthening the
capacities of partners—strengthening their abilities to exercise effective control over their
territories and coastlines and to be in a position to repel outside threats. The United States
has security-assistance programs with 149 other nations. Some of it is active, kinetic
support in combating insurgents, terrorist groups or drug cartels, as in Yemen and
Colombia. Some of it is developing partnership and training programs to enhance the
ability of nations to deploy peacekeeping forces or coast guards. It can encompass the
gamut from humanitarian relief operations to creating defensive alliances. The net result
of all of these efforts is to “develop enduring relations” with other states that gives the
United States access to a global network of bases and platforms, but also “strengthens
key partners and reduces both the need for American presence and the negative attention
it sometimes generates”—and in so doing, can also reduce the burden on the United
States to have to act as a global sheriff. Reveron’s approach avoids the “stocking up”
approach to military procurement, because the emphasis would be on finding ways to
deploy and use assets, rather than warehousing systems “in case of emergency.” For
instance, in the maritime realm, the carriers, amphibious vessels and destroyers that
were designed to contain the Soviet navy and protect sea lines of communication (and
which might be used in a similar role vis-à-vis China in the future) are now being
used “to conduct activities ashore to improve human security.” The 2010 response to
the Haiti earthquake saw an aircraft carrier and sixteen other warships deployed to
provide humanitarian relief and rescue services; such “nonmilitary” missions , in
turn, help to reduce the factors which can produce security threats to the United States
and reinforce American ties with other states. Reveron quotes a navy official who
notes that using “war” assets for non-military missions such as training and
humanitarian relief means “We can show up, provide training, provide resources, and
then leave very little footprint behind.” An “exporting security” approach guides future
procurement decisions towards “multiuse” platforms that can combine conventional and
non-conventional missions.
Military Assets aren’t a bright line – they’re often deployed in non-military
missions.
Perry 2008 [Dr. Charles M. Perry, Vice President & Director of Studies, Institute for
Foreign Policy Analysis
The U.S. Foreign Disaster Response Process: How It Works and How It Could Work
Better
Charles M. Perry – May – http://www.ifpa.org/pdf/DisasterRelief.pdf.)
Traditionally, if it is determined that military assets are indeed necessary to respond
to a disaster, OFDA will submit a formal request for military assistance to the State
Department’s Executive Secretariat, which will in turn forward the request to the
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Executive Secretariat of DoD. Following an intensive intra-DoD review process, the
secretary of defense or deputy secretary may order the deployment of military assets to
the disaster zone in support of OFDA efforts, signing what is called a “third party
waiver” to allow U.S. military goods and services to be used in a non-military operation
to assist a “third party.” On the basis of such a waiver, over fifteen thousand U.S.
soldiers and sailors were deployed as part of the 2004 tsunami response to work
alongside OFDA in the affected regions. More specifically, the U.S. military provided
twenty-six ships, eighty-two planes, and fifty-one helicopters to help deliver more than
24.5 million tons of relief supplies and enable USAID and other disaster relief agencies
to move much-needed aid to inaccessible areas affected by the tsunami (OFDA 2005,
17). But DoD assistance may be as limited (if nonetheless crucial) as the dispatch of a
single C-130 to deliver supplies to a disaster zone, or the diversion of a nearby ship to
assist in the evacuation of people at risk or injured. In theory, the criterion for both levels
of response is that no commercial alternative exists or is readily available. However,
despite the formal process for requesting military assistance, local U.S. ambassadors and
country officers in the relevant regional bureau at the State Department have often
requested DoD assistance directly, leaving USAID and OFDA out of the loop. Moreover,
some officials at State are neither familiar with disaster management issues and
procedures nor even aware of USAID’s and OFDA’s role as the LFA for foreign HA/DR
activities. For instance, in response to flash floods in the Horn of Africa in 2006, State
issued a request for DoD assistance. When personnel from DoD spoke with the relevant
regional bureau at State, they found that staff at the bureau were unaware of OFDA’s role
or that USAID was in fact the LFA, and needed to provide the justification for DoD
assistance. Still worse, DoD actually had to give bureau officials the contact information
for the proper USAID/OFDA representatives (interview 2007a). Examples such as this
illustrate the conundrum facing DoD: How does the military (meant primarily as a
resource of last resort) respond to requests for assistance when State Department officials
may not yet have properly coordinated with USAID/OFDA to fully assess the availability
of civilian options, including cheaper, commercial alternatives? In an effort to avoid such
situations in the future, USAID, DoD, and State’s Bureau of Political-Military Affairs
(State/PM) are drafting new HA/DR guidelines to clarify how State should respond to
and handle overseas disasters, and to improve the State-DoD assistance request process.
OFDA, of course, is generally quite willing to request the mobilization of military
assets for overseas relief missions, and to give DoD relatively wide latitude to work
directly with its counterpart in the affected nation. This is especially true when that
nation lies within a region of strategic interest, as was the case during the 2004 Indian
Ocean tsunami, the 2005 Pakistan earthquake, the 2006 Philippine mudslide, and the
2007 Bangladesh cyclone. That said, increased calls for DoD involvement in HA/DR
missions have pushed the military to operate less as an instrument of last resort in
support of civilian relief agencies and more as a regular contributor, intimately
involved in a broad range of humanitarian work. Increasingly, U.S. forces are on the
ground, working alongside host nation officials and military personnel to eliminate
sources of instability and improve livelihoods through various development and capacitybuilding projects. In the Horn of Africa, for example, U.S. Central Command
(CENTCOM) established the Combined Joint Task Force-Horn of Africa (CJTF-HOA) in
2002 to promote regional stability and protect coalition interests through disaster relief,
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humanitarian support, medical and dental assistance, and construction and water
development projects. CJTF-HOA also provides military-to-military training in
counterterrorism and in border and maritime security. In 2008, the U.S. government will
establish a new unified combatant command responsible for Africa known as Africa
Command (or AFRICOM) to expand CJTF-HOA civil affairs efforts and similar projects
elsewhere on the continent. For their part, U.S. Southern Command (SOUTHCOM) and
PACOM already run similar programs in their respective areas of responsibility (or
AORs), such as Joint Task Force-Bravo (JTF-Bravo) in Central America and Joint
Special Operations Task Force-Philippines (JSOTF-P).
(Note: The acronym “OFDA” stands for the US’s “Office of Foreign Disaster
Assistance”. “HADR” stands for “Humanitarian Assistance and Disaster Relief”)
Navies can and do carry out “non-military operations”
Sakhuja 2011 [Dr Vijay Sakhuja is Director (Research), Indian Council of World Affairs
(ICWA), New Delhi. He is also Visiting Senior Research Fellow at the Institute of
Southeast Asian Studies (ISEAS), Singapore since 2006. He is a former Indian Navy
officer. Dr Sakhuja received his Ph D from the Jawaharlal Nehru University in New
Delhi. – Asian Maritime Power in the 21st Century: Strategic Transactions China, India
and Southeast Asia. p. 199
Since the 1990s, India has been nurturing an ascendant operation maritime profile. It
has established bilateral engagements with the United States, Russia, France, the
United Kingdom, Israel, Japan and several countries in the Southeast Asian region.
Codenamed Malabar, the Indo-U.S. naval exercises were conceptualized in 1992 to
mark the beginning of a new relationship between India and the United States," and
fourteen such naval exercises have taken place in the past. In the beginning these
exercises were rudimentary and these have progressively improved in content and
complexity with participation by several complex platforms such as aircraft carriers,
nuclear submarines and long-range maritime patrol aircraft." The exercises paved the
way for greater understanding between the naval forces and helped to develop a
broad framework for operating together in support of non-military operations such
as anti-piracy, safety of sea lanes, and antidrug and gunrunning patrols. The 1998
Indian nuclear tests abruptly ended cooperation between the two navies, but bilateral
exercises were resumed and the cooperation got a boost with the Indian Navy dispatching
a naval helicopter to USS Hewitt to carry out the medical evacuation of a U.S. navy
sailor.
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Coast Guard = Military
Coast Guard is military, it’s within the Dept of Homeland Security
Coast Guard 2014 [“Overview of the United States Coast Guard”,
http://www.uscg.mil/top/about/ ]
The U.S. Coast Guard is one of the five armed forces of the United States and the only
military organization within the Department of Homeland Security. Since 1790 the Coast
Guard has safeguarded our Nation's maritime interests and environment around the
world. The Coast Guard is an adaptable, responsive military force of maritime
professionals whose broad legal authorities, capable assets, geographic diversity and
expansive partnerships provide a persistent presence along our rivers, in the ports, littoral
regions and on the high seas. Coast Guard presence and impact is local, regional, national
and international. These attributes make the Coast Guard a unique instrument of maritime
safety, security and environmental stewardship.
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Coast guard = non-military
Coast guard has non-military objectives
Coast Guard 2014 [“Overview of the United States Coast Guard”,
http://www.uscg.mil/top/about/ ]
Although it is one of the five "armed forces" of the United States, the U.S. Coast Guard
in times of peace works within the U.S. Department of Homeland Security, not for the
U.S. Department of Defense. When war is declared, or when directed by the President,
the U.S. Coast Guard becomes a part of the U.S. Navy. To be prepared, many Coast
Guard units are assigned naval warfare tasks. The units assigned naval warfare tasks are
armed with the necessary weapons and combat systems to accomplish their missions.
These units train and operate with the U.S. Navy on a regular basis. The principal
components of the national security mission of the U.S. Coast Guard are port security,
shallow water operations, convoy escort, and coastal defense. Unlike the U.S. Navy, the
U.S. Coast Guard has been delegated certain police powers. Although U.S. Coast Guard
personnel have served in every major United States conflict since 1790, the Coast Guard
also performs many non-military missions. Each of these missions is discussed in a later
chapter.
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Exploration
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Discovery through observation and recording
Exploration definition
NOAA 2012 [http://explore.noaa.gov/sites/OER/Documents/about-oer/programreview/2012-12-12-FINAL-OE-Review-Report.pdf
The present Panel affirms the brief definition of exploration of the 2000 Panel:
Exploration is the systematic search and investigation for the initial purpose of discovery
and the more elaborated definition of the US Navy: Systematic examination for the
purposes of discovery; cataloging/documenting what one finds; boldly going where no
one has gone before; providing an initial knowledge base for hypothesis-based science
and for exploitation.
Exploration = discovery through observation and recording
NOAA 2000
(http://science.nasa.gov/earth-science/oceanography/ocean-exploration/)
Exploration is discovery through disciplined, diverse observations and the recording of
findings. Exploration is an early component of the research process; it focuses on new
areas of inquiry and develops descriptions of phenomena that inform the direction of
further study.
Exploration is observing and recording of findings – includes research
National Academy of Sciences 2003 [National Academy of Sciences, 2003, advisers to
the Nation on Science, Engineering, and Medicine, Exploration of the Seas: Voyage into
the Unknown, page 17, http://explore.noaa.gov/sites/OER/Documents/national-researchcouncil-voyage.pdf ]
As defined by the President’s Panel on Ocean Exploration (National Oceanic and
Atmospheric Administration, 2000), exploration is discovery through disciplined, diverse
observations and the recording of findings. Ocean exploration has included rigorous,
systematic observation and documentation of the biological, chemical, physical,
geological, and archaeological aspects of the ocean in the three dimensions of space and
in time. This definition of exploration is much broader than the definition one would find,
for example, within the context for the extractive industries, where exploration is a search
for hydrocarbon or mineral deposits. More general approaches allow researchers to
develop and ask questions that are not rooted in specific hypotheses and that often lead to
unexpected answers— a difficult task to promote within the current approaches to
research funding. Exploration is an early component of the research process; it focuses
on new areas of inquiry and develops descriptions of phenomena that inform the direction
of further study. It is the collection of basic observations that later allow hypotheses to be
posed to connect those observations with the laws of physics, chemistry, and biology. In
some disciplines, such as physics, exploration has been pursued aggressively, and the
resources are best invested in testing hypotheses and conducting controlled experiments.
In other disciplines, the system under investigation is so vast, complex, or remote that
exploration is still the necessary first step. Outer space, the human genome, and the
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oceans are excellent examples. This nation and others have invested heavily in the
exploration of outer space and the functioning of the human genome, and each program
has both captured the imagination of the public and produced tangible, valuable
discoveries. No similar systematic program exists for ocean exploration, despite its
promise.
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Exploration is not research
Research is distinct from research or development
NOAA 2012 [National Oceanic and Atmospheric Administration Office of Ocean
Exploration and Research, "Independent Review of the Ocean Exploration Program 10
Year Review 2001 -2011," May 21, http://explore.noaa.gov/sites/OER/Documents/aboutoer/program-review/oeprogram-history-overview.pdf ]
As described in the President’s Panel Report, ocean exploration is defined as “discovery
through disciplined diverse observations and the recording of the findings. An explorer is
distinguished from a researcher by virtue of the fact that an explorer has not narrowly
designed the observing strategy to test a specific hypothesis. A successful explorer leaves
a legacy of new knowledge that can be used by those not yet born to answer questions not
yet posed at the time of the exploration.” Above all, the overarching purpose of ocean
exploration is to increase our knowledge of the ocean environment; its features, habitats,
and species; and how it functions as part of the global ecosystem.
Ocean exploration is distinct from the development of technologies for use in the
ocean
Consortium for Ocean Leadership 2013 [Consortium for Ocean Leadership, 12/4/13,
The Consortium for Ocean Leadership is a Washington, DC-based nonprofit organization
that represents more than 100 of the leading public and private ocean research and
education institutions, aquaria and industry with the mission to advance research,
education and sound ocean policy, “Director, Office of Ocean Exploration and Research,
NOAA,” http://oceanleadership.org/director-office-ocean-exploration-research-noaa ]
The Director, Office of Ocean Exploration and Research (OER) provides programmatic
direction for the National Oceanic and Atmospheric Administration (NOAA) in the field
of ocean exploration, research, and advanced technology development and provides
advice to the NOAA Assistant Administrator for Research and the Under Secretary.
The Office provides coordination for planning and programming with all of NOAA’s
Strategic Planning Goal Teams and multiple Programs. The OER office combines the
historic agency missions of undersea exploration and advanced undersea research and
technology development. NOAA leads other federal agencies through this national
program to discover and research novel aspects of the oceans, Great Lakes, and
unexplored or little known regions of the sea. The Office serves the strategic scientific
and technical needs of the agency by directly conducting and directing exploration,
research and field operations with dedicated operational assets. The Office also funds and
supports peer-reviewed research projects through national competitions and through
extramural cooperative institutes.
Exploration is distinct from research – its breadth v. depth. Literally.
Office of ocean exploration and research 2003 [Office of Ocean Exploration and
Research at the NOAA, “OER Mission and Vision,” http://explore.noaa.gov/Home.aspx ]
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OER explores the ocean to enhance research, policy and management decisions, to
develop new lines of scientific inquiry, and to advise NOAA and the Nation on critical
issues by: • Leading partnerships to accomplish national ocean exploration goals; •
Conducting interdisciplinary baseline characterizations of unknown or poorly-known
ocean areas, processes, and resources; • Increasing the pace, scope, and efficiency of
exploration and research to improve the technical capability of the United States marine
science community; • Engaging and educating audiences in ocean exploration through
innovative means. Exploration advances the breadth of knowledge and Research advances
the depth of knowledge. Cutting-edge technologies and methodologies continue to be
developed by the men and women dedicated to ocean exploration, but the potential of
ocean exploration has only begun to be met. OER is investing in new technologies, in
state-of-the-art platforms, undersea vehicles and infrastructure, in data and information
management, in transmission networks, in research programs, and in the efforts to inform
and educate society on the importance of a National program dedicated to ocean
exploration and research. Through its important work, OER will certainly make
discoveries and perform breakthroughs to the benefit of all life on Earth.
Exploration is distinct from research
McNutt 2006 [Marcia, President and CEO at the Monterey Bay Research Aquarium,
“THE NATIONAL OCEAN EXPLORATION PROGRAM ACT OF 2005 AND THE
UNDERSEA RESEARCH PROGRAM ACT OF 2005”,
http://www.gpo.gov/fdsys/pkg/CHRG-109hhrg28758/html/CHRG-109hhrg28758.htm
Ocean exploration is distinguished from research by the fact that exploration leads to
questions, while research leads to answers. When one undertakes exploration, it is without
any preconceived notion of what one might find or who might benefit from the discoveries.
Research, on the other hand, is undertaken to test a certain hypothesis, with the clear
understanding of the benefits of either supporting or refuting the hypothesis under
consideration. Often novel discoveries are made accidentally in the process of performing
hypothesis-driven research, but with a purposeful exploration program, those discoveries
are more likely to be appreciated for what they are, properly documented, and followedup. Here is a concrete example. One of the greatest surprises in oceanography in the 20th
century was the discovery of the hot-vent communities, deep-sea oases that thrive in sea
water geothermally heated to several hundred degrees centigrade. These animals form an
entire ecosystem completely independent of the sun's energy, and their existence opens
up huge new possibilities for how life might be sustained elsewhere in the universe. This
discovery led to a host of new research questions. What is the energy source for this new
style of community? How do proteins fold at such high temperatures? By what
reproductive strategy do deep-sea vent organisms manage to find and colonize new,
isolated vent systems as the old ones die? These are important questions, but ones that we
would not know enough to even ask had the discovery not happened. And it almost
didn't. The shipboard party involved was entirely geologists and geophysicists. There
wasn't a single biologist on board to appreciate the significance of what was to become
the most important discovery in marine biology. Ever. Lacking basic biological supplies,
the geophysicists had to sacrifice all of their vodka to preserve the novel specimens they
collected. Such discoveries don't need to be rare, accidental, or potentially unappreciated
MGW 2014
3 week Policy Lab
with a strong, vigorous, and systematic ocean exploration program. I created a graphic
(Figure 1) to show how NOAA's OE program might ideally relate to the broader ocean
research agenda and to the NURP program. The upper box is meant to represent
NOAA's Ocean Exploration program. New discoveries are made by exploring new places,
and/or by deploying new tools which ``see'' the ocean in new dimensions. With roughly 95
percent of the ocean still unexplored, and new tools that image the physics, chemistry,
biology, and geology of the ocean at all scales being developed constantly, the opportunities
for discovery are virtually limitless. The greatest strength of having a federal organization
such as NOAA leading this effort is the fact that it can undertake a systematic, multidisciplinary exploration of the ocean. However, if I had to identify NOAA's weakness in
terms of being the lead agency for this effort, it is the fact that NOAA is not widely
known for its prowess in developing new technology. For this reason, I support the
provision in H.R. 3835 that establishes an interagency task force which includes NASA
and ONR to facilitate the transfer of new exploration technology to the program.
MGW 2014
3 week Policy Lab
K Lab Aff = T
Ocean exploration includes internal reflection
NOAA panel of Ocean Explorers 2003 [Canoe Tech,
http://webapp1.dlib.indiana.edu/virtual_disk_library/index.cgi/7295326/FID2041/oceane
xplorer.noaa.gov/projects/02tribal/canoe_tech/canoe_tech.html ]
Ocean exploration is not limited to mapping the coastlines and currents or to the
acquisition of data or images. The sea remains a vast territory for the extension of the
human experience and our reconnection to our places on the planet. We explore the
ocean to explore our own past, as a species or as societies whose histories are linked
to the sea. Today Northwest Coast First Nations and Indian Tribes are venturing on such
a quest with the rebirth of the canoe culture and the reawakening of old ways. The
journeys are literal and figurative—in exploring the ancient shores and ancient
villages, elders and youth alike explore their inner-most being. Tuning the fine
balance as Native Americans and inhabitants of a very modern world, their vessel is the
canoe. The technology of their journey is as ancient as it is sophisticated
“Ocean exploration” includes past investigations
NOAA 2014 [National Oceanic and Atmospheric Administration, “Section 9 – Exploring
Potential Human Impacts”, http://oceanexplorer.noaa.gov/edu/curriculum/section9.pdf
This section focuses on those things over which humans have some control. NOAA’s
Ocean Exploration program includes both searches for new ocean resources and
examination of the impact of past uses. Expeditions to several sites with deepwater corals
looked at the results of trawl fishing. Work on the Hudson Canyon explored possible
consequences of years of ocean sewage sludge dumping on the shelf. Trips to the Gulf of
Mexico and in the South Atlantic Bight included exploring areas of methane hydrate
deposits. The term exploration implies looking forward to new discoveries, but
Ocean Exploration also seeks information on ecological changes—both human
induced and natural—to explain the past on many expeditions.
MGW 2014
3 week Policy Lab
Exploration – must be new
“Exploration” ends at the point of discovery
Grieve 2013 [Stewart Grieve, Partner at Corrs Chambers Westgarth, “Exploration
Expenditure Under The Microscope”, 9-11,
http://www.lexology.com/library/detail.aspx?g=84f4dbcb-26c8-4db7-95597ad03949040f
ZZGN suggests that there is a temporal aspect to “exploration”. Despite the AAT
dismissing the “exploration phase” and “production phase” dichotomy in the ABARE
Report, it seems, according to the AAT, that generally exploration occurs only up
until the point of discovery . The problem however, is in stating precisely when a
discovery is made. Between first identification of the resource and the commissioning of
feasibility studies lies a range of activity that, on the AAT definition, may or may not
constitute exploration. When, for instance, does appraising the size and quality of a field
constitute exploration and when does it constitute a feasibility study for future
development? In that regard, clearly exploration and feasibility studies are not unrelated
concepts.
The target must be new or unexplored
CFR 2012 [Code of Federal Regulations, “TITLE 30 - MINERAL LANDS AND
MINING”,
http://www.law.cornell.edu/uscode/pdf/uscode30/lii_usc_TI_30_CH_17_SE_643.pdf
§ 643. “Exploration” defined
As used in this chapter, the term “exploration” means the search for new or
unexplored deposits of minerals, including related development work, within the
United States, its Territories and possessions, whether conducted from the surface or
underground, using recognized and sound procedures including standard geophysical and
geochemical methods for obtaining mineralogical and geological information.
Exploration is discovery of the unknown
Laloganes 2012 – John Laloganes, Doctorate Candidate in Organization Leadership at
Argosy University, “An Exploration of Wine, Haiku and Erotica”, Cellar Angels, 4-5,
http://blog.cellarangels.com/wine-haiku-erotica-pinot-noir-wine-trends/2012/
The use of the term “exploration” is aptly applied to signify the intent of discovering
an unknown . We explore in order to examine something creatively—less linear while
applying an unorthodox perspective that may parallel an unsuspectingly distinct topic.
Not “Exploration” unless the Aff ventures into unknown parts of the Ocean
Ban 2012 [Raymond J. Ban – Chair, NOAA Science Advisory Board – “Ocean
Exploration and Research Review – Transmittal Letter” – November 26, 2012 –
http://www.sab.noaa.gov/Reports/OER_Review_TransmittalLetter_Final.pdf.
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I am pleased to transmit to you the following report from the Ocean Exploration and
Research (OER) Program review. This review was conducted under the Science Advisory
Board Ocean Exploration Advisory Working Group (OEAWG) as per its terms of
reference. The review panel found that the OER Program has had impressive successes
in science, mapping, data management, education, politics, and diplomacy.
However, there remain vast unexplored regions of the ocean. The panel’s major
finding is there is undiminished motivation for ocean exploration research. The panel
affirmed that ocean exploration is distinct from comprehensive surveys and at-sea
research, including hypothesis-driven investigations aimed at the ocean bottom, artifacts,
water column, and marine life.
It’s not “exploration” if someone has been there before
OER 2012 [Office of Exploration and Research, OER, is a subsection of the NOAA, The
National Oceanic and Atmospheric Administration. This blue-ribbon panel and report
was commissioned by Raymond J. Ban – Chair, NOAA Science Advisory Board. “Ocean
Exploration’s Second Decade” – December 2012.
http://explore.noaa.gov/sites/OER/Documents/about-oer/program-review/2012-12-12FINAL-OE-Review-Report.pdf.
The 2000 Panel recommended the U.S. government establish the Ocean Exploration
Program for an initial period of 10 years, with new funding at the level of $75 million per
year, excluding capitalization costs. The 2000 Panel’s recommendations are listed to the
right. The present Panel affirms the brief definition of exploration of the 2000 Panel:
Exploration is the systematic search and investigation for the initial purpose of
discovery and the more elaborated definition of the US Navy: Systematic examination
for the purposes of discovery; cataloging/documenting what one finds; boldly going
where no one has gone before ; providing an initial knowledge base for hypothesisbased science and for exploitation. The Panel affirms that Ocean Exploration is distinct
from comprehensive surveys (such as those carried out by NAVOCEANO and NOAA
Corps) and at-sea research (sponsored by National Science Foundation, Office of
Naval Research, and other agencies), including hypothesis-driven investigations aimed
at the ocean bottom, artifacts, water column, and marine life. The present Panel finds
undiminished motivations for the U.S. National Program in ocean exploration. In fact,
spurred in part by the Ocean Exploration Program, a renaissance of ocean exploration has
occurred during the past decade, both nationally and globally. Most famously, in March
2012 “Titanic” film director James Cameron’s vertical torpedo visited the Mariana
Trench’s Challenger Deep, Earth’s deepest valley. The first human to visit the
Challenger Deep since 1960, Cameron descended in 2 hours and 36 minutes and
ascended in a remarkable 70 minutes. The project involved many partners, including the
National Geographic Society, Rolex Corporation, Alfred P. Sloan Foundation, and
Cameron’s own enterprises. It attracted billions of web hits, more than any prior event.
Among other highly visible ventures in ocean exploration during the past decade were the
cooperative international Census of Marine Life, the Russian flag-laying at the North
Pole seafloor, and the renewed visits to the RMS Titanic.
MGW 2014
3 week Policy Lab
Must have data collection
“Exploration” must include data collection
Nordquist 2007 [Myron H. Nordquist, Associate Director and Editor of the Center for
Oceans Law and Policy, and Senior Fellow at the Center for National Security Law at the
University of Virginia School of Law, Law, Science and Ocean Management, p. 597 ]
Similarly in legal thinking, to define is to conceptualize and possibly identify a threshold
for the application of a principle. Definitions have inclusive and exclusive effects.
Marine scientific research is not defined in the Convention, despite numerous
competing efforts over a number of years of negotiations at UNCLOS III.69 Nor are
exploration ." marine environment or resources.'" Some writers have pointed out the
lack of definitions as a problem in the MSR regime because in practice some states have
subjected certain research to unjustifiable requirements, possibly because they have not
sufficiently distinguished between MSR and exploration and thus characterized a wide
range of research as resource-relevant. '
Soons defines exploration with reference to data collection concerning natural
resources, supra note 19. at 125. Wegelein echoes a similar view, supra note 19, 83-87.
“Exploration” is collecting information
Binus 2009 [Binus University Thesis, “CHAPTER 3: RESEARCH METHODOLOGY”,
4-21, http://thesis.binus.ac.id/doc/Bab3/Bab%203_09-52.pdf
The type of research for this study is the 'exploratory study'. The term exploration
means: the process of collecting information to formulate or refine management,
research, investigative, or measurement questions: loosely structured studies that
discover future research tasks, including developing concepts, establishing
priorities, developing operational definitions, and improving research design: a
phase of a research project where the researcher expands understanding of the
management dilemma. Looks for ways others have addressed and solved problems
similar to the management dilemma or management question, and gathers background
information on the topic to refine the research questions. (Cooper. Donald R. Schindler.
Pamela S.) I found that this method suits the aim to study and find out the consumer
behavior in the mall.
MGW 2014
3 week Policy Lab
Can’t mine
Mining is not “exploration”
Abbott 2003 [Debbie Abbott, Consultant at Yukon College, “Rocking in the Yukon”,
August, http://emrlibrary.gov.yk.ca/ygs/ebooks/rocking_in_yukon_2003.pdf
EXPLORATION
Over the last ten years, an average of $22.3 million was spent annually on exploration in
the Yukon. Exploration is distinct from mining . The detective work of exploration
involves as much intuition as science. The process of discovering and evaluating
mineral deposits requires constant decision making involving many intangibles.
Resource extraction and sale is not “exploration”
Bingaman 2009 [United States Senator, introduction of bill “S. 796”,
http://www.gpo.gov/fdsys/pkg/BILLS-111s796is/xml/BILLS-111s796is.xml
(7) EXPLORATION.—
(A) IN GENERAL.—The term “exploration” means creating a surface disturbance
(other than casual use) to evaluate the type, extent, quantity, or quality of minerals
present.
(B) INCLUSIONS.—The term “exploration” includes mineral activities associated with
sampling, drilling, or developing surface or underground workings to evaluate locatable
mineral values.
(C) EXCLUSIONS .—The term “exploration” does not include the extraction of
mineral material for commercial use or sale.
MGW 2014
3 week Policy Lab
Development
MGW 2014
3 week Policy Lab
Utilize resources
Ocean “development” is utilization as a resource
Owen 2003 [Daniel Owen, Consultant to the UN Food and Agriculture Organization,
“Legal And Institutional Aspects Of Management Arrangements For Shared Stocks With
Reference To Small Pelagics In Northwest Africa”, FAO Fisheries Circular No. 988,
http://www.fao.org/docrep/006/y4698b/y4698b04.htm
1.2 The legal regime for management of shared stocks
For a stock shared between two or more neighbouring coastal States and not ranging onto
the high seas, the regime of Art 63(1) LOSC is appropriate. It states that:
Where the same stock or stocks of associated species occur within the exclusive
economic zones of two or more coastal States, these States shall seek, either directly or
through appropriate subregional or regional organizations, to agree upon the measures
necessary to coordinate and ensure the conservation and development of such stocks
without prejudice to the other provisions of this Part.
Regarding the term “development”, Nandan, Rosenne and Grandy[4] state that:
The reference to “development”... relates to the development of those stocks as
fishery resources . This includes increased exploitation of little-used stocks, as well
as improvements in the management of heavily-fished stocks for more effective
exploitation. Combined with the requirement in article 61 of not endangering a given
stock by overexploitation, this envisages a long-term strategy of maintaining the stock as
a viable resource.
“Ocean development” is focused on resources
Kreiger 1974 [David Kreiger, Center for the Study of Democratic Institutions, “A
Caribbean Community for Ocean Development”, International Studies Quarterly, 18(1),
March, p. 75
This article discusses applications of the Latin American Seabed Draft Treaty to the
creation of a Caribbean Community for Ocean Development (United Nations, 1971a).1
An ocean development community is a regional organization with the prime
function of developing ocean resources for the common benefit of the littoral states.
The concept of regional organization around ocean space is relatively new. Generally
regional organization has been bounded by land masses, but there is no reason that we
need restrain our vision to territorial limits. In fact, technological advances in ocean
exploitation are creating an imperative to at least control the negative side effects of
ocean development, if not to channel the positive effects into regional development
programs.
“Development” is activity to utilize ocean resources and space
UNESCO 86 [United Nations Educational, Scientific and Cultural Organization, “IOCUnesco Regional Training Workshop on Ocean Engineering and Its Interface with Ocean
Sciences in the Indian Ocean Region”, 4-5,
http://www.jodc.go.jp/info/ioc_doc/Training/085239eo.pdf
MGW 2014
3 week Policy Lab
The term "ocean development" has often been used to denote all activities,
including ocean sciences, ocean engineering and related marine technology, directed
to resource exploration and exploitation and the use of ocean space . The
underlying guiding principle in all these activities has been that these be conducted
in a manner that insure the preservation of the marine environment without
detriment to its quality and the resources with which it abounds. From the statements
given by the participants, it became apparent that in some countries, such as China,
Indonesia, India, Malaysia, Philippines and Thailand, ocean development programmes
and activities, over the years, have evolved from fisheries oriented needs towards mineral
resources exploitation. In some of these countries exploitation of these resources has
brought about new adjustments to their priority needs which have progressively involved
the strengthening of their marine scientific and technological capability demanded by
these new situations.
Development is extraction of resources
Hibbard et al 10 [K. A. Hibbard, R. Costanza, C. Crumley, S. van der Leeuw, and S.
Aulenbach, J. Dearing, J. Morais, W. Steffen, Y. Yasuda --- International GeosphereBiosphere Programme. 2010 Developing an Integrated History and Future of People
on Earth (IHOPE): Research Plan IGBP Report No. 59.
http://www.igbp.net/download/18.1b8ae20512db692f2a680006394/report_59-IHOPE.pdf
A common characteristic of human-in-environment development is extraction and
consumption of natural resources. A typical response to the exhaustion of these
resources has been to move to new regions where continued extraction and consumption
is possible. These migrations have led to colonisation of new areas, conflict and
displacement of indigenous populations, introduction of new species, and so on. Only
quite recently in human history has the ability to occupy new lands become limited by
geopolitical constraints. New frontiers are now associated with technological advances
that are used to overcome local constraints of resource availability.
MGW 2014
3 week Policy Lab
Commercial
“Development” is preparation for commercial production
Energy Dictionary 2007 – 11-3,
http://www.photius.com/energy/glossaryd.html#develop
Development: The preparation of a specific mineral deposit for commercial
production ; this preparation includes construction of access to the deposit and of
facilities to extract the minerals. The development process is sometimes further
distinguished between a preproduction stage and a current stage, with the distinction
being made on the basis of whether the development work is performed before or after
production from the mineral deposit has commenced on a commercial scale.
“Development” is construction for commercial purposes
Baird 10 [Susan Baird, Assistant Coordinator of the Natural Resources Board of
Vermont, “Proposed Construction of Office Building/Distribution Center, Lehouillier
Farm Tract Town of Johnson”, 1-8, http://www.nrb.state.vt.us/lup/jo/2010/5-09.pdf
CONCLUSIONS 10 V.S.A. 6001(3)(A)(ji) defines development as the construction of
improvements for commercial purposes on more than one acre of land within a
municipality that has not adopted permanent zoning and subdivision bylaws.
"Construction of improvements" is defined as "any physical action on a project site which
initiates development." Act 250 Rule 2(C)(3).
“Development” is commercial use
Dorman 2002 [Thomas M. Dorman, Executive Director of the Public Service
Commission, “The Tariff Filing of Henry County Water District No. 2 to Add Tariff
Language for an Offsetting Improvement Charge”, 1-28,
psc.ky.gov/order_vault/Orders_2002/200100393_012802.doc
10. The proposed offsetting improvement charge rate schedule defines
“development” as “any proposed commercial or industrial use of land.” Explain
why the proposed charge will apply to owners of land tracts used for commercial or
industrial purposes regardless of whether Henry District previously served the land tract
while it will apply to the owners of other tracts of land only if the tract was previously
unserved.
MGW 2014
3 week Policy Lab
License/permits/structures
Federal development requires constructing structures or using land or water
resources
Washington State Department of Ecology, “Federal and tribal activities,”
http://www.ecy.wa.gov/programs/sea/sma/st_guide/jurisdiction/federal.html ]
A federal activity is any function performed by or for a federal agency. Examples of
federal activities include adopting a management plan for a wildlife sanctuary and
operating a Coast Guard station. A federal development project is an activity that
involves the planning or construction of buildings and structures or the purchase or use of
land or water resources. Dredging a new navigation channel or purchasing land for a
recreation area are examples of federal development projects.
Federal development include licenses and permits
USDA 11 [U.S. Department of Agriculture, “CHAPTER 110 - AGRICULTURE
PROPERTY MANAGEMENT REGULATIONS SUBCHAPTER N - PROPERTY
MANAGEMENT PART 110-50 - PROPERTY MANAGEMENT,”
http://www.dm.usda.gov/pmd/AGPMRPart11050PropertyManagement.pdf ]
(a) Agencies will coordinate all Direct Federal development projects in accordance with 7
C.F.R. 3015, Subpart V. Direct Federal development projects include: planning and
construction of facilities and installations or other public works, the acquisition, use and
disposal of real property, and granting of licenses and permits.
Offshore drilling is federal development – even through leases
NOAA [National Oceanic and Atmospheric Association, “GEORGIA’S LISTED
FEDERAL ACTIONS,” http://coastalmanagement.noaa.gov/consistency/media/ga.pdf ]
Direct Federal Activities and Development Projects Department of Commerce,
National Marine Fisheries Service: · Fisheries Management Plans · Endangered Species
Act listings and Designation of Critical Habitat Department of Defense, Army Corps of
Engineers: · Dredging, channel improvement, breakwaters, other navigational works,
erosion control structures, beach replenishment, dams or flood control works, and
activities and other projects with the potential to impact coastal lands and waters · Land
acquisition for spoil disposal or other purposes · Selection of disposal sites for dredged
material from federal harbors and navigation channels Department of Defense: Air
Force, Army, and Navy: · Location, design, and acquisition of new or expanded defense
installations (active or reserve status including associated housing, transportation, or
other facilities) · Plans, procedures, and facilities for handling storage use zones ·
Establishment of impact, compatibility, or restricted use zones · Disposal and reuse plans
for military base closures General Services Administration: · Acquisition, location, and
design of proposed federal government property or buildings, whether leased or owned
by the federal government · Disposal and disposition of federal surplus lands and
structures Department of Interior, Bureau of Land Management: · Oil and gas leasing on
federal lands Department of Interior, Minerals Management Service: · Oil and gas
MGW 2014
3 week Policy Lab
leasing on the Outer Continental Shelf · Offshore sand mining leases · Offshore mineral
leases
MGW 2014
3 week Policy Lab
Oil drilling not topical
Exploration and Development are distinct from production of oil or natural gas.
EPA 2000 [Environmental Protection Agency Office of Compliance Sector Notebook
Project, “Profile of the Oil and Gas Extraction Industry”, October 2000,
http://www.epa.gov/compliance/resources/publications/assistance/sectors/notebooks/oilg
as.pdf ]
The oil and gas extraction industry can be classified into four major processes: (1)
exploration, (2) well development,(3) production, and (4) site abandonment. Exploration
involves the search for rock formations associated with oil or natural gas deposits, and
involves geophysical prospecting and/or exploratory drilling. Well development occurs
after exploration has located an economically recoverable field, and involves the
construction of one or more wells from the beginning (called spudding) to either
abandonment if no hydrocarbons are found, or to well completion if hydrocarbons are
found in sufficient quantities Production is the process of extracting the hydrocarbons and
separating the mixture of liquid hydrocarbons, gas, water, and solids, removing the
constituents that are non-saleable, and selling the liquid hydrocarbons and gas. Production
sites often handle crude oil from more than one well. Oil is nearly always processed at a
refinery; natural gas may be processed to remove impurities either in the field or at a
natural gas processing plant.Exploration and Development stop after the rigs are
constructed; actual extraction is production.
Exploration, development and production are distinct.
Code of Federal Regulations [for GEOLOGICAL AND GEOPHYSICAL (G&G)
EXPLORATIONS OF THE OUTER CONTINENTAL SHELF found at Cornell
University Law School, Legal Information Institute, “30 CFR 551.1 - Definitions.”,
http://www.law.cornell.edu/cfr/text/30/551.1 ]
(k) The term “exploration” means the process of searching for minerals, including (1)
geophysical surveys where magnetic, gravity, seismic, or other systems are used to detect or
imply the presence of such minerals, and (2) any drilling, whether on or off known
geological structures, including the drilling of a well in which a discovery of oil or
natural gas in paying quantities is made and the drilling of any additional delineation well
after such discovery which is needed to delineate any reservoir and to enable the lessee to
determine whether to proceed with development and production; (l) The term
“development” means those activities which take place following discovery of minerals in
paying quantities, including geophysical activity, drilling, platform construction, and
operation of all onshore support facilities, and which are for the purpose of ultimately
producing the minerals discovered; (m) The term “production” means those activities
which take place after the successful completion of any means for the removal of minerals,
including such removal, field operations, transfer of minerals to shore, operation
monitoring, maintenance, and work-over drilling;
exploration development and production are all distinct
MGW 2014
3 week Policy Lab
Wang 1999 [Dr. H.H. Wang, Director of the Research Sciences Group at Quality
Strategies, Inc., China's Oil Industry and Market, p. 369-370,
http://www.sciencedirect.com/science/book/9780080430058
Article 29. For the purpose of these Regulations, the following terms shall have the
meaning assigned to them below: The term "petroleum" shall mean underground crude
oil and natural gas that is being or has been extracted; The term "onshore petroleum
resources" shall mean underground petroleum resources anywhere within the onshore
area (including sea beaches, islands and marine areas extending from the onshore area up
to a water depth of 5 meters); The term "exploitation" shall mean the exploration for and
development, production and sale of petroleum as well as activities in connection therewith;
The term "petroleum operations" shall mean exploration, development and production
operations carried out in order to implement a contract, as well as activities in connection
therewith; The term "exploration operations" shall mean all work carried out to find oilbearing traps by various means such as geological, geophysical and geochemical means,
including the drilling of exploration wells, as well as all work carried out to determine
whether a discovered petroleum trap has commercial value, such as the drilling of
appraisal wells, feasibility studies and preparation of overall development programs for
the oil/gasfield; The term "development operations" shall mean all designing,
manufacturing, installation and drilling projects, and the corresponding research, carried
out as from the date of approval of the overall development program for the oil/gasfield for
the purpose of realizing petroleum production, including production activities carried out
prior to the commencement of commercial production; The term "production operations"
carried shall means all operations out for the purpose of petroleum production as from the
date of commencement of the commercial production of an oil/gasfield, as well as all
activities in connection therewith.
This distinction is statutorily codified
US Code, 43 USC 1331, Public Lands, Submerged Lands, definitions,
http://uscode.house.gov/view.xhtml?req=(title:43%20section:1331%20edition:prelim
(a) The term "outer Continental Shelf" means all submerged lands lying seaward and outside of the area of lands beneath
navigable waters as defined in section 1301 of this title, and of which the subsoil and seabed appertain to the United States and are
subject to its jurisdiction and control;
(b) The term "Secretary" means the Secretary of the Interior, except that with respect to functions under this subchapter transferred
to, or vested in, the Secretary of Energy or the Federal Energy Regulatory Commission by or pursuant to the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), the term "Secretary" means the Secretary of Energy, or the Federal Energy Regulatory
Commission, as the case may be;
(c) The term "lease" means any form of authorization which is issued under section 1337 of this title or maintained under section
1335 of this title and which authorizes exploration for, and development and production of, minerals;
(d) The term "person" includes, in addition to a natural person, an association, a State, a political subdivision of a State, or a
private, public, or municipal corporation;
(e) The term "coastal zone" means the coastal waters (including the lands therein and thereunder) and the adjacent shorelands
(including the waters therein and thereunder), strongly influenced by each other and in proximity to the shorelines of the several
coastal States, and includes islands, transition and intertidal areas, salt marshes, wetlands, and beaches, which zone extends seaward to
the outer limit of the United States territorial sea and extends inland from the shorelines to the extent necessary to control shorelands,
the uses of which have a direct and significant impact on the coastal waters, and the inward boundaries of which may be identified by
the several coastal States, pursuant to the authority of section 1454(b)(1) 1 of title 16;
(f) The term "affected State" means, with respect to any program, plan, lease sale, or other activity, proposed, conducted, or
approved pursuant to the provisions of this subchapter, any State(1) the laws of which are declared, pursuant to section 1333(a)(2) of this title, to be the law of the United States for the portion
of the outer Continental Shelf on which such activity is, or is proposed to be, conducted;
(2) which is, or is proposed to be, directly connected by transportation facilities to any artificial island or structure referred to
in section 1333(a)(1) of this title;
(3) which is receiving, or in accordnace 2 with the proposed activity will receive, oil for processing, refining, or transshipment
which was extracted from the outer Continental Shelf and transported directly to such State by means of vessels or by a
combination of means including vessels;
MGW 2014
3 week Policy Lab
(4) which is designated by the Secretary as a State in which there is a substantial probability of significant impact on or
damage to the coastal, marine, or human environment, or a State in which there will be significant changes in the social,
governmental, or economic infrastructure, resulting from the exploration, development, and production of oil and gas anywhere on
the outer Continental Shelf; or
(5) in which the Secretary finds that because of such activity there is, or will be, a significant risk of serious damage, due to
factors such as prevailing winds and currents, to the marine or coastal environment in the event of any oilspill, blowout, or release
of oil or gas from vessels, pipelines, or other transshipment facilities;
(g) The term "marine environment" means the physical, atmospheric, and biological components, conditions, and factors which
interactively determine the productivity, state, condition, and quality of the marine ecosystem, including the waters of the high
seas, the contiguous zone, transitional and intertidal areas, salt marshes, and wetlands within the coastal zone and on the outer
Continental Shelf;
(h) The term "coastal environment" means the physical atmospheric, and biological components, conditions, and factors which
interactively determine the productivity, state, condition, and quality of the terrestrial ecosystem from the shoreline inward to the
boundaries of the coastal zone;
(i) The term "human environment" means the physical, social, and economic components, conditions, and factors which
interactively determine the state, condition, and quality of living conditions, employment, and health of those affected, directly or
indirectly, by activities occurring on the outer Continental Shelf;
(j) The term "Governor" means the Governor of a State, or the person or entity designated by, or pursuant to, State law to exercise
the powers granted to such Governor pursuant to this subchapter;
(k) The term "exploration" means the process of searching for minerals, including (1) geophysical
surveys where magnetic, gravity, seismic, or other systems are used to detect or imply the presence of
such minerals, and (2) any drilling, whether on or off known geological structures, including the drilling
of a well in which a discovery of oil or natural gas in paying quantities is made and the drilling of any
additional delineation well after such discovery which is needed to delineate any reservoir and to enable the
lessee to determine whether to proceed with development and production;
(l) The term "development" means those activities which take place following discovery of minerals
in paying quantities, including geophysical activity, drilling, platform construction, and operation of all
onshore support facilities, and which are for the purpose of ultimately producing the minerals discovered;
(m) The term "production" means those activities which take place after the successful completion
of any means for the removal of minerals, including such removal, field operations, transfer of
minerals to shore, operation monitoring, maintenance, and work-over drilling;
Prefer our evidence, we have contextual definitions from field experts
Hertzman 2013 [Len Hertzman, Partner at Ashurst Australia, “Exploration Expenditure
– NoBright Line Test”, www.ashurst.com/doc.aspx?id_Content=9175
One of the key issues in the proceedings concerned the meaning of the word
"exploration" as used in section 37 of the Act. While it is clear that "exploration"
extends to activities involved in searching for and drilling exploration wells to
discover petroleum reserves, prior to the Tribunal’s decision, it was not clear whether
the word "exploration" extended beyond the immediate discovery of petroleum. For
example, if a taxpayer drilled an exploration well and discovered petroleum, does
expenditure incurred subsequent to that point in time cease to have the character of
exploration expenditure (even though the extent and quality of the reserve may be
unknown)? Further, it was unclear whether the term "exploration" extended to
circumstances where a taxpayer did not yet know whether an identified reserve was
commercially or technically viable to allow for the development and later production of a
petroleum project (ie where the reserve is not a proven reserve). If activities of this nature
were in connection with "exploration" then the costs of assessing the commercial or the
technical feasibility of exploiting a reserve are likely to be referrable to "exploration" and
therefore within section 37 of the Act. A further step along the continuum is whether
"exploration" continues until a final investment decision is made to proceed with a
project in relation to a proven reserve. Again, it was not clear whether expenditure
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incurred on activities prior to a final investment decision being made are referrable to
"exploration" and therefore within section 37 of the Act. In its decision the Tribunal
concluded, after considering the legislative history of the Act, that there is nothing in the
legislative history or in the extensive case law referred to by either party to suggest that
the term "exploration" should be read as meaning other than its ordinary everyday
meaning understood in the context in which it appears. The Tribunal found it useful to
borrow from the language of a research report prepared by the Australian Bureau of
Agricultural and Resource Economics in 1996 (ABARE report) in considering the nature
of the activities which naturally fall within the meaning of the word "exploration", as the
word would be understood by a user of ordinary English familiar with oil and gas mining.
The ABARE report refers to: … oil and gas companies using a range of survey
techniques to identify prospective fields. These may be geological, gravity, magnetic,
seismic (2D and 3D) or geometrical surveys. In prospective areas, new field wildcat wells
are drilled to discover the location of accumulations. In the event of a discovery,
appraisal wells may also be drilled to provide a more accurate indication of the potential
size and quality of the oil and gas resources. The ABARE report then stated "[if] the
discovery is significant, a feasibility study of the field for future development and
production is undertaken". The Tribunal took the view that although activities in the
nature of feasibility studies were included by the ABARE report as falling within the
"exploration phase" as opposed to the "production phase", activity of that kind is of a
distinctly different nature to that included within the ordinary meaning of the term
"exploration". Accordingly, the Tribunal found at [322]: … as a matter of fact, that in the
context of section 37(1) of the PRRTA Act, the ordinary meaning of the word
'exploration' contemplates the use of any range of survey techniques to identify
prospective oil or gas fields. Those survey techniques would include, but not be limited
to, geological, gravity and magnetic, seismic (2D and 3D) and a geometric surveys
together with any scientific or technical analysis necessarily associated with evaluating
their results. 'Exploration' also includes the drilling of appraisal wells to provide a
more accurate indication of the potential size and quality of the oil and gas reserves.
However, the ordinary meaning of the word 'exploration' does not, in the Tribunal's
view, extend to include feasibility studies of the field for future development and
production.
MGW 2014
3 week Policy Lab
Oil leasing = development
Ocean development includes federal or state ocean leasing.
Oregon 1994 [Oregon Territorial Sea plan, PART TWO: Making Resource Use
Decisions produced by the state government of Oregon, “Mandatory Policies—Major
Ocean Development Activities”, http://www.oregon.gov/LCD/OCMP/docs/ocean/otsp_2c.pdf ]
For purposes of the "local consultation process" mandated by ORS 196.465, the term
"major ocean developments" means any of the following: 1.) Any ocean development
that involves the siting of an onshore facility in a coastal county or city. 2.) Any ocean
activity that results in a Joint Review Panel. 3.) Federal or state ocean leasing for oil/gas
or hard mineral exploration or development (not geological or geophysical testing or
sampling). 4.) Any ocean activity or action for which state or federal law requires
approval from the Governor. 5.) Designation of any restricted ocean-use area, whether for
resource protection (e.g., marine sanctuary) or for development (e.g., kelp lease).
Included in this category are any future amendments, deletions, or additions to the rockyshore site planning designations in the adopted Territorial Sea Plan, and future adoptions
of rocky-shore site-management plans whether those actions are made by OPAC or any
other state agency empowered by the plan to do so.
Pujari 2012 [Saritha, BS Poona College of Arts Science & Commerce, “The Objectives
and Observation of Ocean Development around the World”,
http://www.yourarticlelibrary.com/ocean/the-objectives-and-observation-of-oceandevelopment-around-the-world/11207/ ]
Objectives of Ocean Development: India—a peninsula with an extensive coastline and
groups of islands— has much to gain from oceanographic research. The new ‘Ocean
Regime’ established by United Nations Convention on the Law of the Sea (UNCLOS),
1982, which has been signed by 159 countries including India, assigns much of the world
ocean to Exclusive Economic Zones (EEZ) where coastal states have jurisdiction over
exploration and exploi-tation of resources and for other economic purposes. The
UNCLOS made declarations regarding (1) the sovereign rights of extraction in the 320
km. EEZ by coastal states; (2) resources of the deep sea to be governed by International
Sea Bed Authority and extraction to be based on the principle of equitable sharing and
common heritage of mankind. (Many developed countries disagreed about the principle
of equitable sharing.) India’s coastline is more than 7,000 km long, and its territory
includes 1,250 islands, its EEZ covers an area of 2.02 million sq. km., and the continental
shelf extends up to 350 nautical miles from the coast. Recognising the importance of
oceans in the economic development and progress of the nation, the government set up a
Department of Ocean Development (DOD) in July 1981, for planning and coordinating
oceanographic survey, research and development, management of ocean resources,
development of manpower and marine technology. The department is entrusted with the
responsibility for protection of marine environment on the high seas. (Later it became a
ministry, then in 2006 it was restructured as MoES.) The broad objectives of ‘ocean
development’ have been laid down by Parliament in the Ocean Policy Statement of
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November 1982. The domain of our concern for development of oceanic resources and its
environment extends from the coastal lands and islands lapped by brackish water to the
wide Indian Ocean.The ocean regime is to be developed in order to: (i) explore and assess
living and non-living resources; (ii) harness and manage its resources (materials, energy
and biomass) and create additional resources such as mariculture; (iii) cope with and
protect its environment (weather, waves and coastal front); (iv) develop human resources
(knowledge, skill and expertise), and (v) play our rightful role in marine science and
technology in the international arena.
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Development = coastal activities
“Ocean development” includes coastal activities
Abel 2002 [R.B. Abel, Research Scientist in the Davidson Laboratory at Stevens Institute
of Technology, Coastal Ocean Space Utilization 3, p. 204
The enactment of" 'The Marine Development Basic Act (MDBA: Law No. 3983, Dec. 4.
19X7)' was thus a welcomed response to the urgent need for a more visionary approach
to planning for nationwide coastal /one management, and even further, to coordinating
interministerial conflicts rationally through the deliberation of the Marine Development
Committee chaired by the Prime Minister. Article II of the MDBA stresses that the
government shall, for harmonious ocean development, adopt necessary measures and
arrangements for rational coordination between marine environment preservation and
marine development. The definition of ocean development in this context includes
coastal zone activities.
MGW 2014
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Earth
“Earth” is our planet - not another
Oxford 2014 – Oxford Dictionaries, “Earth”,
http://www.oxforddictionaries.com/us/definition/american_english/earth
NOUN
1 (also Earth) The planet on which we live; the world:
the diversity of life on earth
MORE EXAMPLE SENTENCES
SYNONYMS
1.1The surface of the world as distinct from the sky or the sea:
it plummeted back to earth at 60 mph
MORE EXAMPLE SENTENCES
SYNONYMS
1.2The present abode of humankind, as distinct from heaven or hell.
MORE EXAMPLE SENTENCES
The earth is the third planet from the sun in the solar system, orbiting between
Venus and Mars at an average distance of 90 million miles (149.6 million km) from the
sun, and has one natural satellite, the moon. It has an equatorial diameter of 7,654 miles
(12,756 km), an average density 5.5 times that of water, and is believed to have formed
about 4,600 million years ago. The earth, which is three-quarters covered by oceans and
has a dense atmosphere of nitrogen and oxygen, is the only planet known to support life
-third planet from the Sun
Cambridge 2014 [Cambridge Dictionaries Online, “Earth”,
http://dictionary.cambridge.org/dictionary/british/earth_1
earth
noun [S or U] (PLANET)
/ɜːθ/ US /ɝːθ/ (also Earth)
B1 the planet third in order of distance from the sun, between Venus and Mars; the
world on which we live:
The Earth takes approximately 3651/4 days to go round the sun.
The circus has been described as the greatest show on earth (= in the world).
The “apostrophe-S” means it is possessive---referring to oceans of the Earth
Purdue 2014 – Purdue University Online Writing Lab, “The Apostrophe”,
https://owl.english.purdue.edu/owl/resource/621/01/
The apostrophe has three uses:
To form possessives of nouns
To show the omission of letters
To indicate certain plurals of lowercase letters
Forming Possessives of Nouns
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To see if you need to make a possessive, turn the phrase around and make it an "of the..."
phrase. For example:
the boy's hat = the hat of the boy
three days' journey = journey of three days
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Ocean
MGW 2014
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Oceans – General Definitions
“Oceans” are large bodies of salt water that cover the Earth
NALMS 2014 [North American Lake Management Society, “WATER WORDS
GLOSSARY”, http://www.nalms.org/home/publications/water-words-glossary/O.cmsx
OCEAN - Generally, the whole body of salt water which covers nearly three fourths
of the surface of the globe. The average depth of the ocean is estimated to be about
13,000 feet (3,960 meters); the greatest reported depth is 34,218 feet (10,430 meters),
north of Mindanao in the Western Pacific Ocean. The ocean bottom is a generally level or
gently undulating plain, covered with a fine red or gray clay, or, in certain regions, with
ooze of organic origin. The water, whose composition is fairly constant, contains on the
average 3 percent of dissolved salts; of this solid portion, common salt forms about 78
percent, magnesium salts 15-16 percent, calcium salts 4 percent, with smaller amounts of
various other substances. The density of ocean water is about 1.026 (relative to distilled
water, or pure H2O). The oceans are divided into the Atlantic, Pacific, Indian, Arctic,
and Antarctic Oceans.
Oceans are very large expanses of sea.
Oxford 2014 Oxford Dictionaries 2014
http://www.oxforddictionaries.com/us/definition/american_english/ocean
Definition of ocean in English: ocean
Syllabification: o·cean Pronunciation:
/ˈōSHən/
noun
1A very large expanse of sea, in particular, each of the main areas into which
the sea is divided geographically: the Atlantic Ocean
More example sentencesSynonyms
1.1 (usually the ocean) North American The sea: [as modifier]: the ocean floor
More example sentences
1.2 (an ocean of/oceans of) • informal A very large expanse or quantity: she had
oceans of energy
More example sentencesSynonyms
Oceans are the vast body of salt water covering ¾ of the earth
Random House 2014 Dictionary.com Unabridged; Based on the Random House
Dictionary, © Random House, Inc. 2014. http://dictionary.reference.com/browse/ocean
o·cean [oh-shuhn] Show IPA noun
1. the vast body of salt water that covers almost three fourths of the earth's
surface.
2. any of the geographical divisions of this body, commonly given as the Atlantic,
Pacific, Indian, Arctic, and Antarctic oceans.
3. a vast expanse or quantity: an ocean of grass.
Collins 2009 Collins English Dictionary - Complete & Unabridged 10th Edition 2009
World English Dictionary http://dictionary.reference.com/browse/ocean
ocean (ˈəʊʃən) — n
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1. a very large stretch of sea, esp one of the five oceans of the world, the
Atlantic, Pacific, Indian, Arctic, and Antarctic
2. the body of salt water covering approximately 70 per cent of the earth's surface
3. a huge quantity or expanse: an ocean of replies
4. literary the sea
Merriam-Webster 2014 Merriam-Webster 2014, Incorporated http://www.merriamwebster.com/dictionary/ocean
Ocean noun, often attributive \ˈō-shən\
: the salt water that covers much of the Earth's surface
: one of the five large areas of salt water that cover much of the Earth's surface
: a very large number or amount of something
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3 week Policy Lab
Oceans – Excludes Other Water Bodies
“Oceans” are only the 5 major bodies of water---lakes and land-bounded seas like
the Mediterranean are excluded
Rosenberg 2014 [Matt Rosenberg, Master's in Geography from California State
University, Former Adjunct University Faculty Member in Geography, City Planning and
GIS Intern for Local Government, Newspaper Columnist, and Disaster Manager for the
American Red Cross, “Names for Water Bodies”, About.com Geography,
http://geography.about.com/od/physicalgeography/a/waterbodies.htm
Water bodies are described by a plethora of different names in English - rivers,
streams, ponds, bays, gulfs, and seas to name a few Many of these terms' definitions
overlap and thus become confusing when one attempts to pigeon-hole a type of water
body. Read on to find out the similarities (and differences) between terms used to
describe water bodies.
We'll begin with the different forms of flowing water. The smallest water channels are
often called brooks but creeks are often larger than brooks but may either be permanent
or intermittent. Creeks are also sometimes known as streams but the word stream is quite
a generic term for any body of flowing water. Streams can be intermittent or permanent
and can be on the surface of the earth, underground, or even within an ocean (such as the
Gulf Stream).A river is a large stream that flows over land. It is often a perennial
water body and usually flows in a specific channel, with a considerable volume of water.
The world's shortest river, the D River, in Oregon, is only 120 feet long and connects
Devil's Lake directly to the Pacific Ocean.A pond is a small lake, most often in a natural
depression. Like a stream, the word lake is quite a generic term - it refers to any
accumulation of water surrounded by land - although it is often of a considerable size. A
very large lake that contains salt water, is known as a sea (except the Sea of Galilee,
which is actually a freshwater lake).A sea can also be attached to, or even part of, an
ocean. For example, the Caspian Sea is a large saline lake surrounded by land, the
Mediterranean Sea is attached to the Atlantic Ocean, and the Sargasso Sea is a
portion of the Atlantic Ocean, surrounded by water.Oceans are the ultimate bodies
of water and refers to the five oceans - Atlantic, Pacific, Arctic, Indian, and Southern. The
equator divides the Atlantic Ocean and Pacific Oceans into the North and South
Atlantic Ocean and the North and South Pacific Ocean.
“Oceans” are distinct from seas, gulfs, and bays
NASA 2010 [“Water Bodies: Where Are They?”, Educator’s Guide – Module 2,
http://er.jsc.nasa.gov/seh/Mission_Geography/k-4/Module_2/I-2-3.pdf
Developing the Investigation
3. Refer to the list above and circle the following water bodies. Tell the students that the
project that they will be doing will focus on these: oceans, seas, gulfs, bays, lakes, and
rivers. Give the definitions to the class, either verbally or on a slip of paper and ask them
what water body is being defined. Use the following definitions.
ocean: a vast body of salt water that separates or surrounds continents
sea: a smaller division of the ocean, partially enclosed by land (or sometimes a very
large lake)
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gulf: arm of the ocean that reaches into land
bay: a body of water that is partly enclosed by land, smaller than a gulf
lake: a body of fresh water, surrounded by land
river: water that flows downhill in a natural channel
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CFR definition
Ocean = opens seas and open waters lying seaward from the national baseline
Code of Federal Regulations Title 40. Protection of Environment
40 C.F.R. § 220.2
Ocean or ocean waters means those waters of the open seas lying seaward of the
baseline from which the territorial sea is measured, as provided for in the Convention
on the Territorial Sea and the Contiguous Zone (15 UST 1606; TIAS 5639); this
definition includes the waters of the territorial sea, the contiguous zone and the oceans as
defined in section 502 of the FWPCA.
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Ocean =/= Antarctic
The Southern ocean is not an internationally recognized ocean
NOAA [“there is only one global ocean” pg online @
http://oceanservice.noaa.gov/facts/howmanyoceans.html/ ]
While there is only one global ocean, the vast body of water that covers 71 percent
of the Earth is geographically divided into distinct named regions. The boundaries
between these regions have evolved over time for a variety of historical, cultural,
geographical, and scientific reasons. Historically, there are four named oceans: the
Atlantic, Pacific, Indian, and Arctic. However, most countries—including the United
States—now recognize the Southern (Antarctic) as the fifth ocean. The Pacific,
Atlantic, and Indian are known as the three major oceans. The Southern Ocean is the
'newest' named ocean. It is recognized by the U.S. Board on Geographic Names as
the body of water extending from the coast of Antarctica to the line of latitude at 60
degrees South. The boundaries of this ocean were proposed to the International
Hydrographic Organization in 2000. However, not all countries agree on the
proposed boundaries, so this has yet to be ratified by members of the IHO. The
U.S. is a member of the IHO, represented by the NOS Office of Coast Survey.
Southern Ocean is not an Ocean
National Geographic 2014
(From the piece, “Antarctic Ocean, Austral Ocean, Southern Ocean” – Revised April
2014 – http://stylemanual.ngs.org/home/A/antarctic-ocean
“Antarctic Ocean, Austral Ocean, Southern Ocean” National Geographic Society
does not recognize these place-names, but they are sometimes used in the Southern
Hemisphere and by scientists to designate those parts of the Atlantic, Indian, and Pacific
Oceans surrounding Antarctica. Though the waters surrounding Antarctica are
sometimes called the Antarctic Ocean or Southern Ocean, they are only the
southernmost parts of the Indian, Pacific, and Atlantic Oceans. The following
explanation appears on plate 111 of the National Geographic Atlas of the World, ninth
edition: The Atlantic, Indian, and Pacific Oceans merge into icy waters around
Antarctica. Some define this as an ocean—calling it the Antarctic Ocean, Austral Ocean,
or Southern Ocean. While most accept four oceans, including the Arctic, there is no
international agreement on the name and extent of a fifth ocean.
MGW 2014
3 week Policy Lab
Ocean cannot be a specific sea
Ocean and sea are distinct:
Tell me why facts 2007 (“What is the difference between an ocean and a sea?” pg online
@ http://tellmewhyfacts.com/2007/03/what-is-difference-between-ocean-and.html
Ocean and sea are two words that are used frequently and interchangeably (in
writing and conversation) to mean the same thing: a continuous mass of seawater on the
earth’s surface. However, strictly speaking, there is a difference between the two. An
ocean is a large expanse of salt water that covers three-quarters of the earth’s
surface. It is bounded by the continents, or the equator, and other imaginary lines. The
Earth’s seven main oceans are; the Arctic, North Atlantic, South Atlantic, North Pacific,
South Pacific, Indian and Antarctic Oceans. These seven main oceans comprise the
“world ocean”. Sea on the other hand, is a body of salt water that is surrounded by
land on all or most sides, or that is part of one of the oceans. For example, the
Caspian Sea and the Dead Sea are large saline lakes that are surrounded by landthey lack a natural outlet; Sargasso Sea is a portion of the Atlantic Ocean and the
Mediterranean Sea is attached to the Atlantic Ocean. Major seas include the
Mediterranean, Baltic, Bering, Black, Caribbean, Coral, North, Red, and Yellow. The
largest seas are the South China Sea, the Caribbean Sea, and the Mediterranean Sea.
Thus, an ocean is interconnected mass of saltwater (covering 71% of the surface of
the earth) where boundaries are established by continental land masses, or the
equator and ridges in the ocean floor. A sea, on the other hand, is usually smaller
than an ocean (a division of an ocean) and is a body of salt water that is; surrounded
on all or most sides (partially enclosed) by land and/or part of one of the oceans.
Oceans and seas are two different things
National Oceanic and Atmospheric Administration 7-13-14
(http://oceanservice.noaa.gov/facts/oceanorsea.html)
In terms of geography, a sea is part of the ocean partially enclosed by land. Seas are
found on the margins of the ocean and are partially enclosed by land. Here, you can see
that the Bering Sea is part of the Pacific Ocean. Many people use the terms "ocean" and
"sea" interchangeably when speaking about the ocean, but there is a difference between
the two terms when speaking of geography (the study of the Earth's surface). Seas are
smaller than oceans and are usually located where the land and ocean meet. Typically,
seas are partially enclosed by land.
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Territorial limits
Limits in the ocean for countries who want to claim it
UN Law of the Sea Treaty Information Center 2014 (This website has been
established by the National Center for Public Policy Research to provide news,
information and resources on the United Nations Law of the Sea Treaty. Links to external
websites are provided for informational purposes only, and no endorsement of their
opinions or content by The National Center for Public Policy Research is intended or
should be implied .http://www.unlawoftheseatreaty.org)
The Law of the Sea Treaty, formally known as the Third United Nations Convention on
the Law of the Sea, or UNCLOS III, was adopted in 1982. Its purpose is to establish a
comprehensive set of rules governing the oceans and to replace previous U.N.
Conventions on the Law of the Sea, one in 1958 (UNCLOS I) and another in 1960
(UNCLOS II), that were believed to be inadequate. Negotiated in the 1970s, the treaty
was heavily influenced by the "New International Economic Order," a set of economic
principles first formally advanced at the United Nations Conference on Trade and
Development (UNCTAD). That agenda called for "fairer" terms of trade and
development financing for the so-called under-developed and developing nations.
Another way the New International Economic Order has been described is
"redistributionist." The Law of the Sea Treaty calls for technology transfers and wealth
transfers from developed to undeveloped nations. It also requires parties to the treaty to
adopt regulations and laws to control pollution of the marine environment. Such
provisions were among the reasons President Ronald Reagan rejected the treaty in 1982.
As Edwin Meese, U.S. Attorney General under President Reagan, explained recently,
"...it was out of step with the concepts of economic liberty and free enterprise that Ronald
Reagan was to inspire throughout the world." In additional to the economic provisions,
the treaty also establishes specific jurisdictional limits on the ocean area that countries
may claim, including a 12-mile territorial sea limit and a 200-mile exclusive economic
zone limit. Some proponents of the treaty believe that the treaty will establish a system of
property rights for mineral extraction in deep sea beds, making the investment in such
ventures more attractive. Notwithstanding concerns raised about the Law of the Sea
Treaty - and there have been many - the U.S. Senate Foreign Relations Committee
recommended U.S. accession to the treaty in a unanimous vote in March 2004. A vote of
the entire U.S. Senate has yet to be scheduled.
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Ocean = Seabed
The ocean includes the seabed
Tanaka 2008 [Yoshifumi Tanaka, Professor in International Law with Specific Focus on
the Law of the Sea at the Faculty of Law, p 1, A Dual Approach to Ocean Governance,
https://www.ashgate.com/pdf/SamplePages/Dual_Approach_to_Ocean_Governance_Ch1
.pdf ]
The ocean is one unity in a physical sense. From a legal viewpoint, however, the ocean
has been divided by States. It may be said that the history of international law of the sea
is that of the division of the ocean. Indeed, contemporary international law of the sea
divides the ocean into multiple jurisdictional spaces, such as internal waters, territorial
seas, contiguous zone, EEZ, archipelagic waters, continental shelf, high seas and the deep
seabed (the Area) which is the common heritage of mankind. In principle, the law of the
sea regulates human activities in the oceanaccording to the legal category of ocean
spaces. this is sometimes referred to as the sector or zonal management approach.
the continental shelf = ocean
Tanaka 2008 [Yoshifumi Tanaka, Professor in International Law with Specific Focus on
the Law of the Sea at the Faculty of Law, p 1, A Dual Approach to Ocean Governance,
https://www.ashgate.com/pdf/SamplePages/Dual_Approach_to_Ocean_Governance_Ch1
.pdf ]
After the Third United Nations Conference on the law of the Sea (UNCLOS III), the
oceans were divided into multi-jurisdictional zones. Article 86 of the UN convention on
the Law of the Sea (hereafter the 1982 LOSC) sets out that: the provisions of this part
[vII] apply to all parts of the sea that are not included in the exclusive economic zone, in
the territorial sea or in the internal waters of a State, or in the archipelagic waters of an
archipelagic State. this article does not entail any abridgement of the freedoms enjoyed
by all States in the exclusive economic zone in accordance with article 58. The above
provision shows that the 1982 LOSC distinguishes five basic categories of marine spaces:
internal waters, territorial seas, archipelagic waters, the exclusive economic zone and the
high seas. Furthermore, the convention establishes other regimes concerning marine
spaces such as the contiguous zone (Article 33),19 the continental shelf (part vI)20 and
the Area (part XI). It follows that the ocean was divided into multiple maritime spaces
under the LOSC; and that the zonal management approach was transformed from dualism
to multilateralism. An innovation of the LOSC is that it finally resolved the essential
question associated with the zonal management approach, that is to say, the breadth of
territorial seas. States reached an agreement that the maximum seaward limit of the
territorial sea was 12 miles.21 thus it may be said that the zonal management approach
was established in the 1982 LOSC in its true sense. In this regard, it is important to note
that the question relating to the maximum breadth of territorial seas could be resolved by
institutionalising a new resource-oriented zone under the coastal State’s jurisdiction: the
200-mile eeZ.22 In other words, States could agree the maximum breadth of the
territorial sea only by changing the traditional dualism in the oceans.23
The continental shelf is part of the ocean
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3 week Policy Lab
Meadows 2012 [Kelly Meadows works for the Barkley Bridge Elementary School. “The
Ocean Floor” http://alex.state.al.us/lesson_view.php?id=24060]
Students will learn about parts of the ocean including the beach, ocean ridge, continental
shelf, and trenches. Also, students will research the Internet for information on the ocean
floor and animals of the ocean. Students will recreate the ocean floor using their own
creativity.
The seabed is the floor of an ocean
Merriam Webster [Merriam Webster Dictionary. http://www.merriamwebster.com/dictionary/seabed ]
Definition of SEABED : the floor of a sea or ocean
The ocean floor is a region of the ocean
Office of Naval Research 2013 (June 21, 2013. Office of Naval Research: Science and
Technology Focus. “Ocean Regions”
http://www.onr.navy.mil/focus/ocean/regions/default.htm ]
Ocean Regions: Blue Water Characteristics Deep Ocean Humans & the Environment
Quick Quiz Littoral Zone Characteristics The Navy & the Littoral Zone Ocean Floor
Characteristics Continental Margin & Rise Deep Ocean Basin Mid-Ocean Ridge Quick
Quiz
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Ocean is not seabed
the oceans are distinct from the seabed floor that lies beneath them
MarBEF 2009 [Marine Biodiversity and Ecosystem Functioning, private research group,
funded by the European Union, “open oceans,” http://www.marbef.org/wiki/open_oceans
]
The open oceans or pelagic ecosystems are the areas away from the coastal boundaries
and above the seabed. It encompasses the entire water column of the seas and the oceans
and lies beyond the edge of the continental shelf. It extends from the tropics to the polar
regions and from the sea surface to the abyssal depths. It is a highly heterogeneous and
dynamic habitat. Physical processes control the biological activities and lead to
substantial geographic variability in production.
Seabed not the ocean – ecologically and legally distinct
Berkman 2011 [July 2011, Paul Berkman is head of the Arctic Ocean Geopolitics
Programme at the Scott Polar Research Institute, University of Cambridge, and research
professor at Bren School of Environmental Science & Management, “Race for the Arctic:
Let the North Pole be a pole of peace,” http://www.global-briefing.org/2011/07/let-thenorth-pole-be-a-pole-of-peace/ ]
In considering ways to shore up peace in the Arctic Ocean, it is useful to draw a clear
distinction between the sea floor (Figure 2a) and the overlying water column (Figure 2b).
Ecologically and legally distinct, the sea floor and overlying water column reveal
alternative jurisdictional configurations for Arctic and non-Arctic nations alike to share in
strategies that can both promote cooperation and prevent conflict in the Arctic Ocean.
The seafloor is
sea•floor (ˈsiˌflɔr, -ˌfloʊr) n. the solid surface underlying a sea or ocean. Also called
seabed.
Random House 2010 [Random House Kernerman Webster's College Dictionary,
“seafloor,” http://www.thefreedictionary.com/seafloor ]
The ocean floor is distinct from the ocean
Gagosian, No date (Robert B. Gagosian President & CEO of the Consortium for Ocean
Leadership, “Oceanography,” http://curiosity.discovery.com/question/unexplored-oceandepth ]
We have explored about 5 to 7 percent of the ocean floor and about a half a percent of the
ocean itself. In the deep ocean, it is even less. Part of it is because it is so hard to get to. I
am somewhat optimistic that we will be learning more and more because of robotics -the autonomous vehicles that are out there are really quite extraordinary. There is a
program called the ARGO Project. There are 3000 the floats that go up and down the
ocean everyday collecting data, mostly temperature data.
MGW 2014
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The ocean = EEZ
The EEZ is a legal division in the ocean – any other distinction is arbitrary
US Commission on Ocean Policy [final report, “An Ocean Blueprint for the 21st
Century,” Page 73,
http://www.opc.ca.gov/webmaster/ftp/pdf/docs/Documents_Page/Reports/
U.S.%20Ocean%20Comm%20Report/FinalReport.pdf ]
Over the past twenty years, U.S. presidents have issued a series of proclamations
changing the extent and nature of U.S. authority over the oceans. The changes, creating a
territorial sea to 12 miles, a contiguous zone to 24 miles, and an exclusive economic
zone to 200 miles, have not been comprehensively reflected in domestic laws. Many
laws also use imprecise or inconsistent terms to refer to ocean areas, such as “navigable
waters,” “coastal waters,” “ocean waters,” “territory and waters,” “waters of the United
States,” and “waters subject to the jurisdiction of the United States.” These terms can
mean different things in different statutes and sometimes are not defined at all.
The EEZ an area of the ocean
Gov Printing Office 1998 [U.S. Government Printing Office, Report of the Committee
on Commerce, Science, and Transportation, Senate Report 105-209, June 10,
http://www.gpo.gov/fdsys/pkg/CRPT-105srpt209/html/CRPT-105srpt209.htm]
As a nation with extensive borders on the Atlantic, Pacific, and Arctic Oceans, the United
States maintains an especially close relationship with the sea. The oceans play a crucial
role in the United States' national security and provide a conduit of transportation for95
percent of U.S. foreign trade. One out of every six American jobs is marine-related. More
than one-half of the United States' population lives and works within 50 miles of the
coastline. The U.S. exclusive economic zone, that area of the ocean extending from 3 to
200 miles seaward from the coast, is equal in size to the entire land area of the United
States.
Excluding coastal exploration means we cant learn about the ocean
Baker 2003 [Joe Baker, Chief Scientist for the Queensland Department of Primary
Industries and Commissioner for the Environment, Exploration of the Seas:: Voyage into
the Unknown, p. 175-176
Joe Baker, Chief Scientist for the Queensland Department of Primary Industries and
Commissioner for the Environment, discussed the value of ocean exploration—
exemplified by Australia's dependence on marine resources for its economic well-being.
The scientific value of exploration is not the highest priority. It is the use of the data—
and the assimilation and transmission of information to decision-makers—that is
essential. Australia is one of the 12 mega-biodiverse countries, and the only developed
country among the 12 mega-biodiverse countries. With the exception of Australia, the
other eleven have an inverse proportion of gross national product to mega-biodiversity.
Australia has a well-educated population, is politically stable, and has many special
features such as the Great Barrier Reef. There is significant expertise in tropical marine
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systems, and as a result, Australia has responsibility for leadership in management and
conservation for protection of mega-biodiversity.Dr. Baker's definition of ocean
exploration is broad and includes a comprehensive awareness of the nature, role, and
function of the oceans. It should be multidisciplinary and multinational. A coordinated
international exploration program adds value by sharing costs and assets, sharing output,
and eliminating overlap. Such a program should include studies of impacts of change on
human populations, interactions at boundaries (e.g., ice, coastal margins, sea beds), the
interdependency of living and nonliving components of ecosystems, bio-prospecting for
pharmaceuticals, and bio-mining for exploitation of natural resources. The challenge is to
determine priorities and develop criteria for study selection.He emphasized that ocean
exploration should not focus exclusively on offshore oceanic environments. Coastal
ocean exploration is equally important as offshore because these are the areas
where the impacts of change will be the most severe. Finally, he offered the opinion
that good exploration shares costs and benefits with developing countries in order to
help all parties achieve sustainable development of ocean resources.
No bright-line for their interpretation
Visbeck 2013 [Martin Visbeck, Chair in Physical Oceanography at the Leibniz Institute
of Marine Sciences at the University in Kiel, et al., “Securing Blue Wealth: The Need for
a Special Sustainable Development Goal for the Ocean and Coasts and for Future Ocean
Spatial Planning”, December, sustainabledevelopment.un.org/getWSDoc.php?id=2910 ]
2 There is no standard definition of coasts or the coastal zone. Commonly, the
coastal zone is understood as the interface or transitional area between terrestrial and
marine environments and their mutual influences (Woodroffe, 2002). Yet the coastal
zone is strongly impacted by human activity and thus characterized by functional
linkages and interactions between environmental and human systems, both on land
and at sea. In our context, we understand the coastal zone as a complex humanenvironmental system that extends as far into the sea and onto the land as its key
functional linkages and interactions extend.
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Ocean = past contiguous zone
Interpretation – the “ocean” is the area past the contiguous zone
US CODE [Water pollution prevention and control act, found at LII Legal Information
Institute, citing US Code Title 33, Chapter 26, Subchapter V, § 101,
http://www.law.cornell.edu/uscode/text/33/1362 ]
(10) The term “ocean” means any portion of the high seas beyond the contiguous zone.
The ocean is past the contiguous zone
Mathews 2011 [Joe Mathews, J.D., University of Florida Levin College of Law; M.A.
University of Miami Rosenstiel School of Marine and Atmospheric Science, “Redefining
the Territorial Sea in the Clean Water Act: Replacing Outdated Terminology and
Extending Regulatory Jurisdiction,”
http://nsglc.olemiss.edu/sglpj/Vol4No1/Matthews.pdf ]
The “ocean” is defined as “any portion of the high seas beyond the contiguous zone.”49
Although the high seas is not defined in the CWA, the “ocean” as used in the CWA has
been interpreted to include the Exclusive Economic Zone (seaward a distance of 200
nautical miles)50 as well as the high seas beyond the jurisdictional reach of the United
States.51 Part VII of UNCLOS III, which discusses the “High Seas” states that it applies
“to all parts of the sea that are not included in the exclusive economic zone, in the
territorial sea or in the internal waters of a State, or in the archipelagic waters of an
archipelagic State.”52 Although such an expansive definition was unlikely the intention
of Congress when it passed the CWA, the statute does assert authority over ocean waters
falling outside U.S. jurisdiction and it is a reasonable interpretation of the statutory
language in light of UNCLOS III. This serves as another example of the confusion
generated by Congress’ failure to update the CWA to reflect the existing extent of
maritime claims under international law.
“Oceans” are outside of any state’s territorial control---coastal areas aren’t topical
Conner 2000 [William C. Conner, Senior District Judge for the United States District
Court, “Hartford Fire Insurance Company, Plaintiff, v. Joseph MITLOF d/b/a Hudson
Valley Waterways, Village of Tarrytown, Village of Nyack, Nyack Parking Authority,
Key Bank U.S.A., Rivercrest Homeowners Association a/k/a Rivercrest Corp., Garrison
Yacht Club and Nyack Boat Club, Defendants, 12-15,
http://www.leagle.com/decision/2000885123FSupp2d762_1804.xml/HARTFORD%20FI
RE%20INS.%20CO.%20v.%20MITLOF
The Passengers argue that the term "marine insurance" in § 2117(b)(3)(A) "concerns
insurance for the ship owner's personal property in the course of import or export and is
clearly not applicable to [Passengers's] personal injury claims." (Ram July 10 tr at 2.) The
Hartford Policy definitely does not fall into this category, for there is no evidence that
Conservator was involved in import/export shipping. On the contrary, it was a pontoon
boat certified to travel only in the "Norwalk Connecticut harbor area, not more than
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one (1) mile from shore, on voyages not to exceed thirty (30) minutes in duration"
(Coast Guard 5/21/97 Certificate of Inspection at 1). Thus, it was clearly not an "ocean
going vessel;" nor was it even certified to travel on the ocean. See, e.g., BLACK'S
LAW DICTIONARY 1080 (6th ed.1990), which defines "ocean" as "the main or
open sea; the high sea; that portion of the sea which does not lie within the body of any
country and is not subject to the territorial jurisdiction or control of any country ,
but is open, free, and common to the use of all nations."
Oceans must be outside of territorial claims
Black’s Law Dictionary (Black's Law Dictionary Free Online Legal Dictionary 2nd Ed.
“Law Dictionary: What is OCEAN? definition of OCEAN”
http://thelawdictionary.org/ocean ]
What is OCEAN? The main or open sea; the high sea; that portion of the sea which does
not lie within the body of any country and is not subject to the territorial jurisdiction or
control of any country, but is open, free, and common to the use of all nations. See U. S.
v. Rodgers, 150 U. S. 249. 14 Sup. Ct. 100. 37 L. Ed. 1071; U. S. v. New Red- ford
Rridge, 27 Fed. Cas. 120; De Lovio v. Roit. 7 Fed. Cas. 428; U. S. v. Morel, 26 Fed. Cas.
1312.
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What is Contiguous Zone
Contiguous zone is the 24 nautical miles of the seas from shoreline
NOAA [National Oceanic and Atmospheric Administration Office of Ocean Exploration
and Research, “MARITIME ZONES AND BOUNDARIES,”
http://www.gc.noaa.gov/gcil_maritime.html ]
Territorial Sea Each coastal State may claim a territorial sea that extends seaward up to
12 nautical miles (nm) from its baselines. The coastal State exercises sovereignty over its
territorial sea, the air space above it, and the seabed and subsoil beneath it. Foreign flag
ships enjoy the right of innocent passage while transiting the territorial sea subject to laws
and regulations adopted by the coastal State that are in conformity with the Law of the
Sea Convention and other rules of international law relating to such passage. The U.S.
claimed a 12 nm territorial sea in 1988 (Presidential Proclamation No. 5928, December
27, 1988). Additional reference information:Some of these links are to external sites.
Letter to Certain Foreign Ministers of November 8, 1793 proclaiming a three-mile
Territorial Sea of the United States (cannon shot rule) Proclamation 5928 of December
27, 1988. Territorial Sea of the United States of America. (54 Fed. Reg. 777 (Jan. 9,
1989)). Office of Legal Counsel, U.S. Department of Justice, "Legal Issues Raised by
Proposed Presidential Proclamation to Extend the Territorial Sea" (Oct. 4, 1988)
Testimony of Rear Admiral Joseph Vorbach, Chief Counsel, U.S. Coast Guard, before
the Subcommittee on Oceanography and the Great Lakes of the House Committee on
Merchant Marine and Fisheries regarding the extension of the U.S. territorial sea from 3
to 12 miles (March 21, 1989). USSR – U.S.: Joint Statement with attached Uniform
Interpretation of Rules of International Law Governing Innocent Passage (Wyoming,
1989) Contiguous Zone Each coastal State may claim a contiguous zone adjacent to and
beyond its territorial sea that extends seaward up to 24 nm from its baselines. In its
contiguous zone, a coastal State may exercise the control necessary to prevent the
infringement of its customs, fiscal, immigration or sanitary laws and regulations within
its territory or territorial sea, and punish infringement of those laws and regulations
committed within its territory or territorial sea. Additionally, in order to control
trafficking in archaeological and historical objects found at sea, a coastal State may
presume that their removal from the seabed of the contiguous zone without its consent is
unlawful. In 1972, the U.S. proclaimed a contiguous zone extending from 3 to 12 miles
offshore (Department of State Public Notice 358, 37 Fed. Reg. 11906 (June 15, 1972),
consistent with the 1958 UN Convention on the Territorial Sea and Contiguous Zone. In
1999, eleven years after President Reagan extended the U.S. territorial sea to 12 miles,
President Clinton proclaimed a contiguous zone extending from 12 to 24 nm offshore
(Presidential Proclamation No. 7219, August 2, 1999), consistent with Article 33 of the
Law of the Sea Convention. Additional reference information:Some of these links are to
external sites. Department of State Public Notice 358, June 1, 1972), 37 Fed. Reg. 11906
(June 15, 1972) (establishing a Contiguous Zone extending from 3 nm to 12 nm).
Presidential Proclamation 7219 of August 2, 1999, Contiguous Zone of the United States.
(64 Fed. Reg. 48701 (August 8, 1999)) (extending seaward limit of the Contiguous Zones
from 12 to 24 nm from the baseline). Correction to Proclamation 7219 (64 Fed. Reg.
49844 (Sept. 14, 1999)). Correction to Proclamation 7219 (64 Fed. Reg. 49276 (Sept. 10,
1999)). Vice-President Al Gore, "Extension of Federal Enforcement Zone in U.S.
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Coastal Waters Will Help Prevent Violations of Environmental, Customs, or Immigration
Laws"(Sept. 2, 1999). Exchange of Memoranda between the Department of State (1989)
and the Department of Justice (1991) on the Extension of the Contiguous Zone to 24 nm
Exclusive Economic Zone US EEZ limits from Global Perspective. Photo 36: US EEZ
limits from Global Perspective (NOAA Office of Coast Survey) Each coastal State may
claim an Exclusive Economic Zone (EEZ) beyond and adjacent to its territorial sea that
extends seaward up to 200 nm from its baselines (or out to a maritime boundary with
another coastal State). Within its EEZ, a coastal State has: (a) sovereign rights for the
purpose of exploring, exploiting, conserving and managing natural resources, whether
living or nonliving, of the seabed and subsoil and the superjacent waters and with regard
to other activities for the economic exploitation and exploration of the zone, such as the
production of energy from the water, currents and winds; (b) jurisdiction as provided for
in international law with regard to the establishment and use of artificial islands,
installations, and structures, marine scientific research, and the protection and
preservation of the marine environment, and (c) other rights and duties provided for
under international law.
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Oceans – Excludes Above Surface
“Oceans” begin at the surface
Knight 2013 [J.D. Knight, Sea and Sky, Astronomer and Marine Aquarium Hobbyist,
“Layers of the Ocean”, http://www.seasky.org/deep-sea/ocean-layers.html
Scientists have divided the ocean into five main layers . These layers, known as
"zones", extend from the surface to the most extreme depths where light can no
longer penetrate. These deep zones are where some of the most bizarre and fascinating
creatures in the sea can be found. As we dive deeper into these largely unexplored places,
the temperature drops and the pressure increases at an astounding rate. The following
diagram lists each of these zones in order of depth.
Epipelagic Zone - The surface layer of the ocean is known as the epipelagic zone and
extends from the surface to 200 meters (656 feet). It is also known as the sunlight zone
because this is where most of the visible light exists. With the light come heat. This heat
is responsible for the wide range of temperatures that occur in this zone.
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Ocean Education good
Learning about the ocean is key to effective environmental policies in the future
Ocean literacy framework group 2013 (Version 2, March 2013, Ocean Literacy
Framework, a project designed to teach K-12 students about the ocean, funded by the
NOAA, the National Geographic Society, and others, “Ocean Literacy: The Essential
Principles and Fundamental Concepts of Ocean Sciences for Learners of All Ages,”
http://www.coexploration.org/oceanliteracy/documents/OceanLitChart.pdf ]
The ocean covers most of our planet, is the source of most life on Earth, regulates our
weather and climate, provides most of our oxygen, and feeds much of the human
population. After decades of pollution, habitat degradation and overfishing, now climate
change and ocean acidification threaten the health of the ocean in unprecedented ways.
Better public understanding of the ocean is an important part of resolving these complex
and critical issues. While the public generally has limited understanding of the ocean
(The Ocean Project, 2009), the more people know, the more they are willing to support
policies to keep the ocean healthy (Steel et al., 2005). Understanding complex systems
like the ocean is difficult. However, the use of models, computer simulations, and firsthand experiences strongly enhance learning and teaching (Tran, 2009). Engaging learners
in experiences focused on the ocean helps them build personal connections to the ocean,
coasts, and Great Lakes that motivate them to become ocean literate and to act on behalf
of the ocean.
Ocean literacy is crucial to environmental and developmental policies relating to the
oceans
Steel, et al 2005 [Brent S. Steel, Department of Political Science, Oregon State
University, Court Smith, Department of Anthropology, Oregon State University, Laura
Opsommer, Master of Public Policy Program, Oregon State University, Sara Curiel,
Department of Political Science, Oregon State University, Ryan Warner-Steel,
Department of Biology, University of Oregon, Corvallis, "Public ocean literacy in the
United States,”
http://oregonfuture.oregonstate.edu/instruct/anth/smith/OcPolSurArticle.pdf ]
On April 20, 2004, the 16 member Oceans Commission, appointed by President Bush,
issued a report detailing the deteriorating condition of the nation’s coastal waters. The
Commission’s chairman, Adm. James Watkins, commented at the release of the report:
‘‘Our oceans and coasts are in serious trouble’’ [1, p. A-15]. The Commission’s report,
along with numerous other studies including the recently released Pew Oceans
Commission report America’s Living Oceans: Charting a Course for Sea Change, argue
for new approaches and actions to mitigate and correct these deteriorating conditions.
Along these lines, the Pew Oceans Commission called for ‘‘a new era of ocean literacy
that links people to the marine environment’’ [2, p. 91]. The Commission further argues
that there is a ‘‘need to provide the public with understandable information about the
structure and functioning of coastal and marine ecosystems, how ecosystems affect daily
lives, and how we affect ecosystems’’ [2, p. 11]. Similarly, the Report of the US
Commission on Ocean Policy states: ‘‘To successfully address complex ocean- and
coastal-related issues, balance the use and conservation of marine resources, and realize
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future benefits of the ocean, an interested, engaged public is essential’’ [3, p. 85]. Doug
Daigle echoes this call for greater public involvement in coastal conservation, ‘‘the only
hope for further progress on environmental protection and sustainable development lies
with a public that is not only informed but also engaged’’ [4, p. 230]. Knowledge is vital
in developing an individual’s perception of the oceans and the resources they provide.
Additionally, knowledge is a key component in accomplish- ing effective environmental
policies [5–7]. As Janicke comments, ‘‘without a doubt, environmental knowledge and
public awareness are important factors influencing environmental policy and
management’’ [8, p. 11]. Because citizens are either directly or indirectly involved in
activities and behaviors that may place our ocean and coastal areas at risk, it is indeed
important to assess the scope and depth of policy- relevant knowledge among the public
and to learn where people tend to acquire their information about ocean and coastal
conditions.
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Precision Key
Definitional precision is a precondition for effective policymaking.
Resnick 2001 [Evan Resnick, Ph.D. Candidate in Political Science at Columbia
University, M.Phil. in Political Science and an M.A. in Political Science from Columbia
University, 2001 , Defining engagement,” Journal of International Affairs, Volume 54,
Issue 2, Spring, Available Online to Subscribing Institutions via ABI/INFORM Complete
]
In matters of national security, establishing a clear definition of terms is a precondition
for effective policymaking. Decisionmakers who invoke critical terms in an erratic, ad
hoc fashion risk alienating their constituencies. They also risk exacerbating
misperceptions and hostility among those the policies target. Scholars who commit the
same error undercut their ability to conduct valuable empirical research. Hence, if
scholars and policymakers fail rigorously to define "engagement," they undermine the
ability to build an effective foreign policy.
MGW 2014
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Limits key
Their interpretation is massive---oceans are almost limitless
Swaminathan 2003 [Dr K V Swaminathan, Waterfalls Institute of Technology Transfer
(WITT) February 2003 Ocean Vistas
http://www.witts.org/Ocean_wealth/oceanwealth_01_feb03/wista_oceanwealth_feture.ht
m
The oceans cover nearly two-thirds of the world's surface area and have profoundly
influenced the course of human development. Indeed the great markers in man’s
progress around the world are in a large measure the stages in his efforts to master the
oceans. Nations and people who are conscious of the almost limitless potential of the
oceans. Those who have sought to comprehend its deep mysteries, processes and rhythms
and have made efforts to explore and utilize its resources, stand in the van of progress,
while those who have been indifferent to the critical role that oceans play in human life
and its development, have remained mired in stagnation and backwardness.
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Grammar key
Grammar outweighs - it determines meaning, making it a pre-requisite to
predictable ground and limits – and, without it, debate is impossible
Allen 1993 [Robert, Editor and Director – The Chambers Dictionary, Does Grammar
Matter?]
Grammar matters, then, because it is the accepted way of using language, whatever
one’s exact interpretation of the term. Incorrect grammar hampers communication, which
is the whole purpose of language. The grammar of standard English matters because it is
a codification of the way using English that most people will find acceptable.
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The K Topic
MGW 2014
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The K topic
The topic the K Lab chose: “We should substantially complicate our understanding of the
ocean.”
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Definitions not already in this file
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We
Oxford Dictionary
[http://www.oxforddictionaries.com/us/definition/american_english/we
Used by a speaker to refer to himself or herself and one or more other people considered
together:
American Heritage Dictionary
[https://education.yahoo.com/reference/dictionary/entry/we
Used to refer to people in general, including the speaker or writer: "How can we enter the
professions and yet remain civilized human beings?" (Virginia Woolf).
Collins English Dictionary [http://www.collinsdictionary.com/dictionary/english/we
refers to all people or people in general
Merriam Websters Dictionary [http://www.merriam-webster.com/dictionary/we
used by sovereigns —used by writers to keep an impersonal character
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Complicate
Oxford Dictionary
[http://www.oxforddictionaries.com/us/definition/american_english/complicate
Make (something) more difficult or confusing by causing it to be more complex:
Collins English Dictionary
[http://www.collinsdictionary.com/dictionary/english/complicate
to make or become complex
more evidence
Macmillan Dictionary
[http://www.macmillandictionary.com/dictionary/american/complicate
to make something more difficult to do, deal with, or understand
To combine
Merriam Websters [ http://www.merriam-webster.com/dictionary/complicate
to combine especially in an involved or inextricable manner
mshaffer.com [http://1828.mshaffer.com/d/word/complicate
Literally, to interweave; to fold and twist together. Hence, to make complex; to involve;
to entangle; to unite or connect mutually or intimately, as different things or parts;
followed by with.
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Our
Oxford Dictionary
[http://www.oxforddictionaries.com/us/definition/american_english/our
Belonging to or associated with the speaker and one or more other people previously
mentioned or easily identified: Jo and I had our hair cut
Oxford Dictionary
[http://www.oxforddictionaries.com/us/definition/american_english/our
Belonging to or associated with people in general: when we hear a sound, our brains
identify the source quickly
Macmillan dictionary [http://www.macmillandictionary.com/dictionary/american/our
belonging to or connected with you and the group that you are a part of, when youare the
person speaking or writing
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Understanding
Oxford Dictionary
[http://www.oxforddictionaries.com/us/definition/american_english/understanding
An individual’s perception or judgment of a situation:my understanding was that he
would try to find a new supplier
American Heritage Dictionary
[https://education.yahoo.com/reference/dictionary/entry/understanding
A reconciliation of differences; a state of agreement: They finally reached an
understanding.
A disposition to appreciate or share the feelings and thoughts of others; sympathy.
Webster's New World College Dictionary, 4th Ed
[http://www.yourdictionary.com/understanding
Understanding is defined as the process of comprehending or the knowledge of a specific
thing or practice.
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Of
-“of” is Related to an object
Oxford Dictionary 10 (“Of”, http://www.oxforddictionaries.com/definition/of?view=uk)
Pronunciation:/ɒv, (ə)v/
preposition
1 expressing the relationship between a part and a whole:
with the word denoting the part functioning as the head of the phrase:the sleeve of his
coat in the back of the car the days of the week
- “of” is Associated with
American Heritage Dictionary 2010 (American Heritage Dictionary, “of”,
http://education.yahoo.com/reference/dictionary/entry/of)
of ( v, v; v when unstressed) KEY
PREPOSITION:
Derived or coming from; originating at or from: customs of the South.
Caused by; resulting from: a death of tuberculosis.
Away from; at a distance from: a mile east of here.
So as to be separated or relieved from: robbed of one's dignity; cured of distemper.
From the total or group comprising: give of one's time; two of my friends; most of the
cases.
Composed or made from: a dress of silk.
Associated with or adhering to: people of your religion.
-“of” Belonging to
Collins 10 (Collins English Dictionary, “of”,
http://www.collinslanguage.com/results.aspx?context=3&reversed=
False&action=define&homonym=-1&text=of)
of prep
1. belonging to, situated in or coming from, because of, the inhabitants of former East
Germany, I saw five people die of chronic hepatitis,
“Of” requires specification
Macmillan 10 (Dictionary, “of”,
http://www.macmillandictionary.com/dictionary/american/of)
saying which specific thing
a. used for saying which specific thing belonging to a more general type you are referring
to
I had a feeling of duty toward him.
She seemed to like the idea of having children.
the month of April
the twin cities of Minneapolis and St. Paul
Todd has the annoying habit of questioning everything I say.
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Synonyms or related words for this meaning of of: more
b. used for giving a specific age, amount, value, etc.
She met Charles at the age of 20.
She was a young girl of no more than 13.
Lynn earns a salary of thirty thousand dollars a year.
Teachers have been asking for a pay raise of 4 percent.
Synonyms or related words for this meaning of of: more
“Of” means whole
CJS 1978 (Corpus Juris Secundum, 67, p. 200)
Of: The word "of" is a preposition. It is a word of different meanings, and susceptible of
numerous different connotations. It may be used in its possessive sense to denote
possession or ownership. It may also be used as a word of identification and relation,
rather than as a word of proprietorship or possession. "Of" may denote source, origin,
existence, descent, or location, or it may denote that from which something issues,
proceeds, or is derived. The term may indicate the aggregate or whole of which the
limited word or words denote a part, or of which a part is referred to, thought of, affected,
etc.
“Of” means derived from
American Heritage Dictionary 2009 (American Heritage Dictionary, “Of”,
http://dictionary.reference.com/browse/of)
of (ŭv, ŏv; əv when unstressed )
prep. Derived or coming from; originating at or from: customs of the South.
This is a term of exclusion
Nelson 2009 [Dorothy W., Circuit Judge – Ninth Circuit of the United States Court of
Appeals, “Doe 1, Doe 2, and Kasadore Ramkissoon, on Behalf of Themselves and All
Others Similarly Situated, Plaintiffs-Appellants, v. AOL LLC, Defendant-Appellee”, 552
F.3d 1077; 2009 U.S. App. LEXIS 875, 1-16, Lexis]
OVERVIEW: The ISP made publicly available the internet search records of more than
650,000 of its members. Under a service agreement, all customers agreed to a forum
selection clause that designated the "courts of Virginia" as the fora for disputes between
the ISP and its customers. The ISP contended, and the district court agreed, that the
clause permitted plaintiffs to refile their consumer class action in state or federal court in
Virginia, but the customers contended the forum selection clause limited them to Virginia
state court, where a class action remedy was unavailable; this violated California public
policy favoring consumer class actions and rendered the forum selection clause
unenforceable. The court held that the use of the preposition "of"--rather than "in"-was determinative and that the forum selection clause referred to the state courts of
Virginia only, not the federal courts in Virginia. California had declared by judicial
decision the same forum selection clause contravened a strong public policy of
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California--as applied to California residents who brought claims under California
statutory consumer law in California state court.
“Of” means of specified origin
Random House 2010 (Unabridged Dictionary, “Of”,
http://dictionary.reference.com/browse/of)
of
1
Show Spelled[uhv, ov; unstressed uh v or, especially before consonants, uh] Show IPA
–preposition
1. (used to indicate distance or direction from, separation, deprivation, etc.): within a mile
of the church; south of Omaha; to be robbed of one's money.
2. (used to indicate derivation, origin, or source): a man of good family; the plays of
Shakespeare; a piece of cake.
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The
“The” indicates reference to a noun as a whole
Webster’s 2005 (Merriam Webster’s Online Dictionary, http://www.m-w.com/cgibin/dictionary)
4 -- used as a function word before a noun or a substantivized adjective to indicate
reference to a group as a whole <the elite>
“The” means all parts
Encarta 2009 (World English Dictionary, “The”,
http://encarta.msn.com/encnet/features/dictionary/DictionaryResults.aspx?refid=1861719
495)
2. indicating generic class: used to refer to a person or thing considered generically or
universally
Exercise is good for the heart.
She played the violin.
The dog is a loyal pet.
Means the noun must be interpreted generically
Webster’s 2009 (Merriam-Webster’s Online Dictionary, “The”, http://www.merriamwebster.com/dictionary/the)
3 a—used as a function word before a singular noun to indicate that the noun is to
be understood generically <the dog is a domestic animal> b—used as a function
word before a singular substantivized adjective to indicate an abstract idea <an essay on
the sublime>
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Violations
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Exploration
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T – 1nc exploration = discovery
Interpretation – Exploration is just discovery
NOAA 2012 [http://explore.noaa.gov/sites/OER/Documents/about-oer/programreview/2012-12-12-FINAL-OE-Review-Report.pdf
The present Panel affirms the brief definition of exploration of the 2000 Panel:
Exploration is the systematic search and investigation for the initial purpose of discovery
and the more elaborated definition of the US Navy: Systematic examination for the
purposes of discovery; cataloging/documenting what one finds; boldly going where no one
has gone before; providing an initial knowledge base for hypothesis-based science and for
exploitation.
This limit is contextual – exploration ends after discovery.
Hertzman 2013 [Len Hertzman, Partner at Ashurst Australia, “Exploration Expenditure
– NoBright Line Test”, www.ashurst.com/doc.aspx?id_Content=9175
One of the key issues in the proceedings concerned the meaning of the word
"exploration" as used in section 37 of the Act. While it is clear that "exploration" extends
to activities involved in searching for and drilling exploration wells to discover petroleum
reserves, prior to the Tribunal’s decision, it was not clear whether the word "exploration"
extended beyond the immediate discovery of petroleum. For example, if a taxpayer drilled
an exploration well and discovered petroleum, does expenditure incurred subsequent to
that point in time cease to have the character of exploration expenditure (even though the
extent and quality of the reserve may be unknown)? Further, it was unclear whether the
term "exploration" extended to circumstances where a taxpayer did not yet know whether
an identified reserve was commercially or technically viable to allow for the development
and later production of a petroleum project (ie where the reserve is not a proven reserve).
If activities of this nature were in connection with "exploration" then the costs of
assessing the commercial or the technical feasibility of exploiting a reserve are likely to
be referrable to "exploration" and therefore within section 37 of the Act. A further step
along the continuum is whether "exploration" continues until a final investment decision
is made to proceed with a project in relation to a proven reserve. Again, it was not clear
whether expenditure incurred on activities prior to a final investment decision being made
are referrable to "exploration" and therefore within section 37 of the Act. In its decision
the Tribunal concluded, after considering the legislative history of the Act, that there is
nothing in the legislative history or in the extensive case law referred to by either party to
suggest that the term "exploration" should be read as meaning other than its ordinary
everyday meaning understood in the context in which it appears. The Tribunal found it
useful to borrow from the language of a research report prepared by the Australian
Bureau of Agricultural and Resource Economics in 1996 (ABARE report) in considering
the nature of the activities which naturally fall within the meaning of the word
"exploration", as the word would be understood by a user of ordinary English familiar
with oil and gas mining. The ABARE report refers to: … oil and gas companies using a
range of survey techniques to identify prospective fields. These may be geological, gravity,
magnetic, seismic (2D and 3D) or geometrical surveys. In prospective areas, new field
wildcat wells are drilled to discover the location of accumulations. In the event of a
discovery, appraisal wells may also be drilled to provide a more accurate indication of the
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potential size and quality of the oil and gas resources. The ABARE report then stated
"[if] the discovery is significant, a feasibility study of the field for future development
and production is undertaken". The Tribunal took the view that although activities in the
nature of feasibility studies were included by the ABARE report as falling within the
"exploration phase" as opposed to the "production phase", activity of that kind is of a
distinctly different nature to that included within the ordinary meaning of the term
"exploration". Accordingly, the Tribunal found at [322]: … as a matter of fact, that in the
context of section 37(1) of the PRRTA Act, the ordinary meaning of the word
'exploration' contemplates the use of any range of survey techniques to identify prospective
oil or gas fields. Those survey techniques would include, but not be limited to, geological,
gravity and magnetic, seismic (2D and 3D) and a geometric surveys together with any
scientific or technical analysis necessarily associated with evaluating their results.
'Exploration' also includes the drilling of appraisal wells to provide a more accurate
indication of the potential size and quality of the oil and gas reserves. However, the
ordinary meaning of the word 'exploration' does not, in the Tribunal's view, extend to
include feasibility studies of the field for future development and production.
Voting issue:
Limits – research is impossible if the aff can do anything that gains knowledge. Limiting
this part of the topic is key.
Ground – allows affs to guarantee production and opens the door to any affs that do
production of currently located projects.
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Development
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T – 1nc - OCS aff
Interpretation – OCS is not topical - Exploration and Development are distinct from
production of energy.
Wang 1999 [Dr. H.H. Wang, Director of the Research Sciences Group at Quality
Strategies, Inc., China's Oil Industry and Market, p. 369-370,
http://www.sciencedirect.com/science/book/9780080430058
Article 29. For the purpose of these Regulations, the following terms shall have the
meaning assigned to them below: The term "petroleum" shall mean underground crude
oil and natural gas that is being or has been extracted; The term "onshore petroleum
resources" shall mean underground petroleum resources anywhere within the onshore
area (including sea beaches, islands and marine areas extending from the onshore area up
to a water depth of 5 meters); The term "exploitation" shall mean the exploration for and
development, production and sale of petroleum as well as activities in connection therewith;
The term "petroleum operations" shall mean exploration, development and production
operations carried out in order to implement a contract, as well as activities in connection
therewith; The term "exploration operations" shall mean all work carried out to find oilbearing traps by various means such as geological, geophysical and geochemical means,
including the drilling of exploration wells, as well as all work carried out to determine
whether a discovered petroleum trap has commercial value, such as the drilling of
appraisal wells, feasibility studies and preparation of overall development programs for
the oil/gasfield; The term "development operations" shall mean all designing,
manufacturing, installation and drilling projects, and the corresponding research, carried
out as from the date of approval of the overall development program for the oil/gasfield for
the purpose of realizing petroleum production, including production activities carried out
prior to the commencement of commercial production; The term "production operations"
carried shall means all operations out for the purpose of petroleum production as from the
date of commencement of the commercial production of an oil/gasfield, as well as all
activities in connection therewith.
Violation – the affirmative is extra topical – it includes production activities.
Prefer our evidence –
1) predictability - it’s from the code of federal regulations which is most predictable.
2) context outweighs - Statutory interpretation is the most precise interpretation of the
words in the resolution.
3) Limits – the topic is huge – any limits on ocean activities are crucial.
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Non-Military
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T- 1nc - Aff uses military
Interpretation – Topical affirmatives can’t use military or their structures, it’s
distinct from “non-combat” activities
Brown 2012 [Sylvia, PhD thesis at the SOAS University of London, “Youths in nonmilitary roles in an armed opposition group on the Burmese-Thai border”
http://eprints.soas.ac.uk/15634 ]
The term ‘youth’ is understood in this study to be a socially constructed emic term which,
like all social constructions, is not static, but continually re-defined by society based on
the social context of the time. The term ‘non-military’ is used here to refer to roles which
are not located within army or militia structures. Since roles within military structures
involve both combat and non-combat roles (army cooks, porters, signallers and engineers,
for example), the term ‘non-combat’ can be used to refer to ancillary roles within a
military, which are not the focus of this study. This study is concerned with participants
outside the armed wing of an armed opposition group entirely, for instance, within its
administrative apparatus or mass organisations.
Standards
1) Vote negative to preserve limits – they explode our understanding of exploration
and development
Wuerzner 2008 [Carolin, Former Editorial Assistant for the International Review of the
Red Cross, “Mission Impossible? Bringing Charges for the Crime of Attacking Civilians
or Civilian Objects Before International Criminal Tribunals”, December 2008,
http://www.icrc.org/eng/assets/files/other/irrc-872-wuerzner.pdf ]
In order to clarify better what constitutes a military objective, there have been attempts to
draw up non-exhaustive lists of objects that are generally recognized as military objectives.
The ICRC, for instance, made such an attempt in 1956.40 The defence counsel in the
Strugar case also gave a list of examples of military objectives, namely buildings and
objects that provide administrative and logistical support for military objectives, as well
as examples of objects that in certain circumstances may constitute military objectives:
transport systems for military supplies and transport centres where lines of
communication converge.41 It is, however, impossible to rely on a list in order to define
the term ‘military objective’. Practically everything can become a legitimate target, as long
as two conditions are cumulatively met: the object’s contribution to military action must be
‘effective’, and the military advantage of its destruction must be ‘definite’.42 Both criteria
must be fulfilled ‘in the circumstances ruling at the time’.43 Furthermore, in this
definition of the term ‘military’ the said advantage and contribution are strictly limited to
what is purely military, thus excluding objects of political, economic and psychological
importance to the enemy.44
2) Key to Education – they frustrate in depth examination of nonmilitary agents and
actions on the topic by doubling the research load for the negative.
3) Topical Version of the aff solves all of their offense – preserves disad ground. A
topical affirmative can take the same action with an agent that is not the military.
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Oceans
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T – 1nc – Aff is within the EEZ
Interpretation – “Oceans” are outside of territorial claims
Black’s Law Dictionary (Black's Law Dictionary Free Online Legal Dictionary 2nd Ed.
“Law Dictionary: What is OCEAN? definition of OCEAN”
http://thelawdictionary.org/ocean ]
What is OCEAN? The main or open sea; the high sea; that portion of the sea which does
not lie within the body of any country and is not subject to the territorial jurisdiction or
control of any country, but is open, free, and common to the use of all nations. See U. S.
v. Rodgers, 150 U. S. 249. 14 Sup. Ct. 100. 37 L. Ed. 1071; U. S. v. New Red- ford
Rridge, 27 Fed. Cas. 120; De Lovio v. Roit. 7 Fed. Cas. 428; U. S. v. Morel, 26 Fed. Cas.
1312.
Violation – the aff substantially increases exploration or development within the Exclusive
Economic Zone but not the Ocean.
Standards –
1) limits - Our interpretation is best for limiting exploration of coastal zones – forces
debates about exploring past US territory.
Swaminathan 2003 [Dr K V Swaminathan, Waterfalls Institute of Technology Transfer
(WITT) February 2003 Ocean Vistas
http://www.witts.org/Ocean_wealth/oceanwealth_01_feb03/wista_oceanwealth_feture.ht
m
The oceans cover nearly two-thirds of the world's surface area and have profoundly
influenced the course of human development. Indeed the great markers in man’s
progress around the world are in a large measure the stages in his efforts to master the
oceans. Nations and people who are conscious of the almost limitless potential of the
oceans. Those who have sought to comprehend its deep mysteries, processes and rhythms
and have made efforts to explore and utilize its resources, stand in the van of progress,
while those who have been indifferent to the critical role that oceans play in human life
and its development, have remained mired in stagnation and backwardness.
And 2) legal grammar
Allen 1993 [Robert, Editor and Director, The Chambers Dictionary, Does Grammar
Matter?]
Grammar matters, then, because it is the accepted way of using language, whatever
one’s exact interpretation of the term. Incorrect grammar hampers communication, which
is the whole purpose of language. The grammar of standard English matters because it is
a codification of the way using English that most people will find acceptable.
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K aff Violation – Self-Focused
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K T 1nc
They have chosen the K topic: “we should substantially complicate our understanding of
the earth’s oceans”.
Debate is inherently shared and communal, it is not solipsistic. We must limit reasons to
vote affirmative to things that can be affirmed by multiple people.
Our interpretation is that affirmative must propose a universal understanding of the ocean
that goes beyond personal relationships into communal or societal relationships.
--“we” refers to people in general
American Heritage Dictionary
[https://education.yahoo.com/reference/dictionary/entry/we
Used to refer to people in general, including the speaker or writer: "How can we
enter the professions and yet remain civilized human beings?" (Virginia Woolf).
--“our” refers to people in general
Oxford Dictionary
[http://www.oxforddictionaries.com/us/definition/american_english/our
Belonging to or associated with people in general: when we hear a sound, our
brains identify the source quickly
--“understanding” refers to a reconciliation of differences or a disposition to share
the thoughts of others.
American Heritage Dictionary
[https://education.yahoo.com/reference/dictionary/entry/understanding
A reconciliation of differences; a state of agreement: They finally reached an
understanding.
A disposition to appreciate or share the feelings and thoughts of others; sympathy.
Violation: The affirmative focuses the method and content of the 1ac around the
personal and the self. The method of the 1ac is that the speaking of the 1ac itself is
an act of solvency. The content is about the individual not the community.
Vote negative –
1) falsifiability – we can’t dispute personal narratives about the 1ac. We can’t
indicate that they are wrong and questioning them is violent. Debate should be
limited to methods that transcend the self in favor of evaluating effects on others or
that others can share.
2) productivity – there is no benefit to debates where we affirm 1acs for being good
for themselves. Debate connects people together and is inherently communal.
3) No offense to T – you chose the words to your own topic, we merely defined them.
Debates about grammar are good. Enabling the aff to choose the topic and define all
the terms creates a massive side bias.
4) turns the aff - Their failure to link individual and collective struggle  failure
Orozco-Mendoza PhD Student Department of Political Science @ UMass-Amherst 2008
Elva Fabiola “Borderlands Theory: Producing Border Epistemologies with Gloria Anzaldúa”
Masters Thesis submitted to Virginia Polytechnic Institute and State University
http://scholar.lib.vt.edu/theses/available/etd-05062008-175949/unrestricted/Final_thesis_corrected.pdf
Anzaldúa theorized self-liberation by developing a set of cognitive processes oriented to produce a resisting identity in the oppressed.
With this process, Anzaldúa appealed to the recognition, transformation, exposition, and exchange of self-epistemologies that work
towards a self-metamorphosis that allows the self to resist domination and eventually to bear liberation. Although as a resistance
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project, the Borderlands theory is not only healing but also empowering, Anzaldúas
formulation is restricted by
the subject it speaks. Anzaldúa is addressing the colonized and the people whose identity has been bordered by the dominant
power. In Borderlands, she is trying to tear those borders down in order to join the loose ends in ones
identity to be able to function as a whole being again. However, Anzaldúa is addressing the
self as an individual, as a single being that needs to cure him/herself before becoming
political. This is precisely the message she gives us when she states: The struggle is inner. The struggle has always been inner, and
is played out in the outer terrains. Awareness of our situation must come before inner changes, which in turn comes before changes in
society (Anzaldúa, 1987: 87). From this explanation, we learn that Anzaldúa
does not conceive social change
unless the essence of a person changes, unless one has been exposed to the fears of the soul
and has learned how to block them.While criticizing Anzaldúas mestiza consciousness, Maria Lugones argues that
Anzaldúa fails to link the psychology of oppression and resistance to collective resistance,
therefore, weakening the sociality that Anzaldúa herself documents in resistance. For Lugones,
Unless resistance is a social activity, the resistor is doomed to failure in the creation of a new universe
of meaning, a new identity, a rata mestiza. Meaning that is not in response to and looking for response fails as meaning (Lugones,
2005: 97). While I agree with Lugones critique of Anzaldúa’s failure to see resistance as a collective activity, I do it for different
reasons since, in my view, resistance at the individual level is still resistance. As it is well known, both Michel de Certeau and James
C. Scott theorized about the practice of everyday life and resistance in everyday life respectively. Michel de Certeau for instance
considered that the “weak” employs innumerable practices through which users re-appropriate the space organized by techniques of
socio cultural production” (de Certeau, 1984: xiv). de Certeau contends that common people have at hand numerous tactics, which are
used to accommodate the oppressor system according to ones convenience. Similarly, Scott states that “weak” individuals do not
passively submit themselves to the commands of dominant groups but rather they engage in ordinary, individual practices to mitigate
or dissent impositions from those who hold power (Scott, 1985). But contrary to Lugones, both de Certeau and Scott do not consider
that individual means practiced by a single individual, but rather, “that the decision to resist is engaged self-motivated, selfinterested,
and seeking primarily personal gains. It is manifested through acts of insubordination, evasion, offensive defiance, and defensive
disobedience (Scott, 1985; Dunaway, 2003). At the same time, “this is a unique species of collective action because none of this
resistance could achieve its purposes unless it is acted as a generalized, unspoken complicity” (Scott, 1985: 447, enphasis added). My
own interpretation is that by making the struggle inner, Anzaldúa is trying to force the colonized to believe that the de-colonial shift is
possible and change can actually happen since in her view, “nothing happens in the ’real’ world unless it first happens in the images in
our heads” (Anzaldúa, 1987: 87).The logic that Anzaldúa follows in the above quote, is that in order for people to seek freedom, they
need to believe that freedom exists in the first place and have a notion of what that freedom looks like, otherwise, they can lose the
point of the struggle not knowing why they are fighting. In this logic, if freedom is first experienced at the inner level, then it is
possible to have an idea of what freedom in society is, yet, as Lugones argues:As I understand the liberatory project, the inner and the
collective struggles are not separable; they are moments or sides of the liberatory process a dismissal of the inner struggle dismisses
liberatory subjectivity. A dismissal of the collective moment robs the struggle of the self-in-between of any liberatory meaning
(Lugones, 2005: 97)Lugones considers that the inner and the collectivity are forcibly linked since the lack of one of the two moments
would tear apart the whole project of liberation. In this regard, if the inner transformation does not occur, meaningful change would be
misleading, and if this inner transformation is not linked to a collectivity, the struggle will also fail because it lacks the support of a
bigger entity and, besides that, if liberation does not reach all it is not liberation at all. Here, Lugones still considers that the number
makes the difference and that liberation is more likely to occur if liberation is sought, for instance, by a social movement. While I do
not follow Lugones on her argument, I do consider that theorizing
the Borderlands as an inner struggle is
problematic since, as Hannah Arendt states, it is a mistake to take freedom to be primarily an inner,
contemplative or private phenomenon, for it is in fact active, worldly and public (Arendt, 1998).
In Arendt’s terms, freedom is experienced in our interaction with others, by seeing ourselves
being directed towards a specific end or by being able to make up choices free from any
constraint or imposition. In consequence, while we may feel free or liberated when dealing with
the self, in our social interactions this freedom may not be there at all since many human
actions are guided by any type of necessity.Interestingly both Anzaldúa and Arendt consider
action as one of the most empowering tools at the hands of humans since both consider that the
moment of empowerment comes with action. For Anzaldúa, action means taking the initiative, to propose, which
is also the opposite of to react, while for Arendt action means to begin or not being constrained and bounded by others.
But despite differences, the authors resemblance in the relevance of action for human freedom, in what is of concern in the treatment
of the public and private spheres, Arendt
has no tolerance for the private realm (the inner) when it
comes to political aims, since for Arendt, action is a public category, a worldly practice that is
experienced in our daily interaction with one another and as such it is a practice exercised
in public spaces or the city (Arendt, 1998). The key point here is that people do not live isolated from one
another, but rather we live in society. We live our experiences and give them meaning in
society; in relation to those with whom we share plans and that is the reason why freedom
does not work so well at the inner level. In addition, as Henri Lefebvre argues, an critical assessment the
social life “ought ‘by a process of rational integration… to pass from the individual to the
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social’ –and, ultimately materialize itself in collective action toward social justice” (Lefebvre
1992: 148, as quoted in Bartolovich and Lazarus, 2002: 6). While we would like to think of our souls as being
free from any influence, we cannot escape the fact that we live in society and it is there
where freedom is relevant.
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K aff violation – Complicate
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K T 1nc
Interpretation – the aff has to substantially add something to the literature base that makes
our understanding of the topic more complex or difficult and their methodology must
actively complicate the understanding of the ocean.
-“complicate” means to make something more difficult or confusing by
causing it to be more complex
Oxford Dictionary
[http://www.oxforddictionaries.com/us/definition/american_english/complicate
Make (something) more difficult or confusing by causing it to be more complex:
-“understanding” refers to a reconciliation of differences or a disposition to
share the thoughts of others.
American Heritage Dictionary
[https://education.yahoo.com/reference/dictionary/entry/understanding
A reconciliation of differences; a state of agreement: They finally reached an
understanding.
A disposition to appreciate or share the feelings and thoughts of others; sympathy.
Violation – The aff doesn’t add complexity or difficulty to our understanding of the
oceans. All information proposed in the 1ac is known and widely understood.
Standards –
1) forces debates about solvency – nothing in the 1ac proves that they alter or
change the understanding of the ocean. They add information. Voting
negative forces the affirmative to justify how their method produces effective
change.
2) Offense/Defense – Allowing solvency in the current form of the aff is
insufficient for competitive offense against the aff. Without proving method
solvency, there can not be debates about the aff because there are no
offensive reasons why the world is better or worse.
3) No Inherency – There is nothing for the neg to contest - the information
that the affirmative discusses from the literature is already in existence and
widely circulated. The affirmative reading this evidence does not alter the
status quo. Vote negative on presumption. Only defending changes in the
world around us can justify an aff ballot.
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Aff a2 OCS violation
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2ac cards
We meet - The agency that issues leases uses the resolutional wording in its mission statement –
we’re pretty sure that makes E&D inclusive of oil production
BOEM 12 (Proposed Final Outer Continental Shelf Oil & Gas Leasing Program 2012-2017
June 2012
http://www.boem.gov/uploadedFiles/BOEM/Oil_and_Gas_Energy_Program/Leasing/Five_Year_
Program/2012-2017_Five_Year_Program/PFP%2012-17.pdf)
The Bureau of Ocean Energy Management (BOEM) manages the exploration and development of
the nation's offshore resources. It seeks to appropriately balance economic development, energy
independence, and environmental protection through oil and gas leases, renewable energy
development and environmental reviews and studies.
Stop it – we’re topical and should be – the department of the Interior documents proposing the
moratorium explicitly prohibits exploration and development – not production
BOEM 12 (Proposed Final Outer Continental Shelf Oil & Gas Leasing Program 2012-2017
June 2012
http://www.boem.gov/uploadedFiles/BOEM/Oil_and_Gas_Energy_Program/Leasing/Five_Year_
Program/2012-2017_Five_Year_Program/PFP%2012-17.pdf)
While this Program begins from the starting point that certain subsets of Arctic areas will be
excluded because environmental and subsistence conditions strongly weigh in favor of keeping
them off the table for exploration and development, BOEM’s goal is to reorient the process for
designing Arctic lease sales away from a model where the full area is included, except for
specific exclusions. Rather, BOEM is developing a process in which it will continue to use
incoming scientific information and stakeholder feedback to proactively determine, in advance of
any potential sale, which specific areas offer the greatest resource potential while minimizing
potential conflicts with environmental and subsistence considerations. This approach is guided by
internal best practices from developing and implementing a “Smart from the Start” strategy for
offshore wind, as well as recommendations from the U.S. Geological Survey (USGS) and the
National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling that BOEM
consider alternatives to areawide leasing, particularly for frontier areas like the Arctic.
We’re good enough – the Administration report on the moratorium uses the same language as the
resolution and plan –
BOEM 12 (Proposed Final Outer Continental Shelf Oil & Gas Leasing Program 2012-2017, June
2012,
http://www.boem.gov/uploadedFiles/BOEM/Oil_and_Gas_Energy_Program/Leasing/Five_Year_
Program/2012-2017_Five_Year_Program/PFP%2012-17.pdf)
In the interim, to help bridge the existing energy gap as the Nation moves towards a more
sustainable energy future, obtaining sufficient supplies of traditional fuels at reasonable prices
and continued responsible oil and natural gas development is crucial to the economy and energy
security. The OCS leasing program helps supply a share of the Nation’s energy requirements
while reducing the dependence on imported energy by identifying key offshore Federal oil and
natural gas-bearing regions that best meet the Nation’s energy needs. The OCS, and in particular
the GOM and the Alaskan Arctic, offer ample oil and natural gas resources for the future. Over
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the next 25 years, offshore production is expected to account for roughly 32 percent of total
domestic crude oil production and 10 percent of total domestic natural gas production. Without
the program, significant increases in imported oil and onshore production of oil and natural gas
would be needed to sustain the Nation’s growing energy requirements because renewable energy
sources and conservation will not achieve the scale necessary to materially dent import reliance.
We Meet – Only E&D - OCS leases only need to convey exploration and development rights –
the plan does NOT HAVE to convey production rights
BOEM 12 (Proposed Final Outer Continental Shelf Oil & Gas Leasing Program 2012-2017
June 2012
http://www.boem.gov/uploadedFiles/BOEM/Oil_and_Gas_Energy_Program/Leasing/Five_Year_
Program/2012-2017_Five_Year_Program/PFP%2012-17.pdf)
The government’s concession to the lessee is a conveyance of offshore oil and natural gas
exploration and development rights for a limited initial lease period, subject to applicable
regulatory and statutory requirements. Since future prices, risked resource endowments, required
capital and operation costs, time needed to explore and delineate, available technologies, and the
prevailing post-sale regulatory and legal environments are uncertain at the time of lease issuance,
benefits for decision-making may subsequently be gained when uncertainty is reduced through
new information or events. This information may involve changes in resource prices and
expectations, emergence of new technologies, imposition of added regulatory and legal
requirements, and additional insights on the resource endowments. In the last instance, this
uncertainty can only be fully resolved through the actual leasing and subsequent drilling of OCS
acreage, although it also is possible to acquire better knowledge about the resource potential and
risk from monitoring activities on nearby leases.
Plan leases only convey E&D rights – production permits are issued as normal means after E&D
phases are complete
BOEM 12 (Proposed Final Outer Continental Shelf Oil & Gas Leasing Program 2012-2017
June 2012
http://www.boem.gov/uploadedFiles/BOEM/Oil_and_Gas_Energy_Program/Leasing/Five_Year_
Program/2012-2017_Five_Year_Program/PFP%2012-17.pdf)
While the value promised by a lease sale is related to the resource endowment concentration and
composition and the likelihood of drilling a successful well, it also is associated with forecasts of
future oil and natural gas prices. In general, a resource holder has some flexibility in conducting
exploration or development activities, and the value of the resource is likely to be greater when it
is optimally managed. In the case of a Federal lease, however, the lessee is constrained by the
initial period limit. The government is not constrained by the limit and it can enhance value by
optimal timing of the lease offering. Given the significant uncertainty of program area
hydrocarbon resources as well as the inherent difficulty of accurately forecasting future oil and
natural gas prices, calculating timing and composition of lease offerings is very difficult.
However, managing this uncertainty becomes more feasible as resource potential is resolved
through actual exploration. Moreover, the decisions needed at the Five Year Program stage focus
on whether and when a particular area should be included in the sale schedule rather than the
specific composition of the sale areas and the terms attached to the blocks to be included. The
composition issue, along with the most effective way to achieve the desired economic results, is
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best left to be more fully resolved at the lease sale design stage, in part to incorporate the latest
and most current information into the analysis.
Once the E&D is issued, BOEM authority to delay is limited – they can’t circumvent
BOEM 12 (Proposed Final Outer Continental Shelf Oil & Gas Leasing Program 2012-2017,
June 2012,
http://www.boem.gov/uploadedFiles/BOEM/Oil_and_Gas_Energy_Program/Leasing/Five_Year_
Program/2012-2017_Five_Year_Program/PFP%2012-17.pdf)
The lease sale design stage involves among other things, deciding whether to hold or delay a sale
that is included in a Five Year Program, which blocks to offer, setting the sale terms, and issuing
leases that meet FMV requirements. Deferring these issues to the lease sale stage rather than the
earlier program formulation stage provides more flexibility and allows decisions to be made
closer to the time when economic conditions that influence sale decisions are better known and
somewhat easier to forecast. Once leases are issued, BOEM is limited in its authority to mandate
delays in activities for purely economic reasons as companies have contractual rights related to
potential development and production within the regulatory framework during their initial lease
term.