Topicality—BRAG Lab—Wave 1
Resolution
Resolved: The United States federal government should substantially increase
its non-military exploration and/or development of the Earth’s oceans.
Impacts
Breadth Good
Broad and interdisciplinary ocean education is key
Watson-Wright 12
(Wendy, Intergovernmental Oceanographic Commission of UNESCO, Ocean in Focus: Science
and Education for Sustainable Development, in: Copejans, E. et al. (Ed.) (2012). First conference
on ocean literacy in Europe: Book of abstracts. Bruges, Belgium, 12 October 2012. VLIZ Special
Publication, 60: pp. 14)
The United Nations declared 2005-2014 the decade of Education for Sustainable
Development (ESD). ESD provides a coherent and holistic vision of the role and purpose
of education within our fragile, fast changing world. For UNESCO and its Intergovernmental
Oceanographic Commission (IOC), ESD is the best framework for addressing environmental
challenges by systematically engaging with the three foundations of sustainable development - the
environmental, social and economic pillars - as well as by highlighting the scientific, cultural and
ethical dimensions. ESD offers not only an overarching frame of reference but also an approach that
is enriched by the contributions of many other disciplines. Education is key to development
challenges such as the threat to human security, and is central to re-shaping our
knowledge, understanding, values and attitudes to take the future of the planet actively into
account.
To address ocean and environmental challenges more progress is needed on many fronts:
producing less greenhouse gases, inventing new green technologies, and changing our behaviour.
Progress is also needed in providing education and public awareness to create
informed citizens. The need for educating and learning about the ocean and global
change is urgent and should be interdisciplinary and holistic, integrating scientific,
social, gender, economic, cultural and ethical dimensions as well as incorporating
local, traditional and indigenous knowledge perspectives and practices. Ocean and
environmental education should be part of an education for sustainable
development that helps people to develop the attitudes and knowledge to make
informed decisions for the benefit of themselves and others, now and in the future.
Precision Good
Definitional precision is a precondition for effective policymaking.
Resnick 1 — Evan Resnick, Ph.D. Candidate in Political Science at Columbia University, holds an
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.
Limits Good
And limits are key to educational and competitive debate – broad topics force
endless hours of research that’s impossible to maintain with a life outside of
debate.
Rowland 84 ~ Robert C., Baylor University, “Topic Selection in Debate”, American Forensics in
Perspective, Ed. Parson
The first major problem identified by the work group as relating to topic selection is the decline
in participation in the National Debate Tournament (NDT) policy debate. As Boman notes: There
is a growing dissatisfaction with academic debate that utilizes a policy proposition. Programs
which are oriented toward debating the national policy debate proposition, so-called “NDT”
programs, are diminishing in scope and size.4 This decline in policy debate is tied, many in the
work group believe, to excessively broad topics. The most obvious characteristic of some recent
policy debate topics is extreme breath. A resolution calling for regulation of land use literally
and figuratively covers a lot of ground. Naitonal debate topics have not always been so broad.
Before the late 1960s the topic often specified a particular policy change.5 The move from
narrow to broad topics has had, according to some, the effect of limiting the number of students
who participate in policy debate. First, the breadth of the topics has all but destroyed novice
debate. Paul Gaske argues that because the stock issues of policy debate are clearly defined, it
is superior to value debate as a means of introducing students to the debate process.6 Despite
this advantage of policy debate, Gaske belives that NDT debate is not the best vehicle for
teaching beginners. The problem is that broad policy topics terrify novice debaters, especially
those who lack high school debate experience. They are unable to cope with the breadth of the
topic and experience “negophobia,”7 the fear of debating negative. As a consequence, the
educational advantages associated with teaching novices through policy debate are lost: “Yet all
of these benefits fly out the window as rookies in their formative stage quickly experience
humiliation at being caugh without evidence or substantive awareness of the issues that
confront them at a tournament.”8 The ultimate result is that fewer novices participate in NDT,
thus lessening the educational value of the activity and limiting the number of debaters or
eventually participate in more advanced divisions of policy debate. In addition to noting the
effect on novices, participants argued that broad topics also discourage experienced debaters
from continued participation in policy debate. Here, the claim is that it takes so much times
and effort to be competitive on a broad topic that students who are concerned with doing
more than just debate are forced out of the activity.9 Gaske notes, that “broad topics
discourage participation because of insufficient time to do requisite research.”10 The final effect
may be that entire programs either cease functioning or shift to value debate as a way to avoid
unreasonable research burdens. Boman supports this point: “It is this expanding necessity of
evidence, and thereby research, which has created a competitive imbalance between
institutions that participate in academic debate.”11 In this view, it is the competitive imbalance
resulting from the use of broad topics that has led some small schools to cancel their programs.
Non-Military
*** Interpretations ***
1NC – Excludes Military Use
Interpretation: Non-military policy doesn’t utilize the army or structures –
it’s distinct from “non-combat”
Brown 12 ~ Sylvia, PhD thesis at the SOAS University of London, “Youths in non-military roles
in an armed opposition group on the Burmese-Thai border” http://eprints.soas.ac.uk/15634,
accessed 7/4/14//RJ
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.
Violation: The affirmative utilizes <insert agency>, which is distinctly
military.
That’s key – a limited interpretation of “non-military” allows for legal
precision and objective debate.
Geneva 71 ~ 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//RJ
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/.
2NC OV – Excludes Military Use
Our interpretation is that non-military excludes the use of all military-owned
facilities or personnel. That’s distinct from ancillary roles when you use
military facilities for non-combat purposes, i.e. how the affirmative deploys
<insert agency> for _____ - that’s Brown.
Their interpretation explodes limits – it allows for affirmatives that deploy
military programmes without explicitly engaging in combat, such as
redeployment of naval carriers in the Strait of Hormuz, underwater naval
bases, or submarine development. Only a limited definition of the topic allows
for a narrow scope of interpretation for the resolution – that’s Geneva.
And, military topics can target almost everything.
Wuerzner 8 ~ Carolin Wuerzner, 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
And limits are key to educational and competitive debate – broad topics force
endless hours of research that’s impossible to maintain with a life outside of
debate.
Rowland 84 ~ Robert C., Baylor University, “Topic Selection in Debate”, American Forensics in
Perspective, Ed. Parson
The first major problem identified by the work group as relating to topic selection is the decline
in participation in the National Debate Tournament (NDT) policy debate. As Boman notes: There
is a growing dissatisfaction with academic debate that utilizes a policy proposition. Programs
which are oriented toward debating the national policy debate proposition, so-called “NDT”
programs, are diminishing in scope and size.4 This decline in policy debate is tied, many in the
work group believe, to excessively broad topics. The most obvious characteristic of some recent
policy debate topics is extreme breath. A resolution calling for regulation of land use literally
and figuratively covers a lot of ground. Naitonal debate topics have not always been so broad.
Before the late 1960s the topic often specified a particular policy change.5 The move from
narrow to broad topics has had, according to some, the effect of limiting the number of students
who participate in policy debate. First, the breadth of the topics has all but destroyed novice
debate. Paul Gaske argues that because the stock issues of policy debate are clearly defined, it
is superior to value debate as a means of introducing students to the debate process.6 Despite
this advantage of policy debate, Gaske belives that NDT debate is not the best vehicle for
teaching beginners. The problem is that broad policy topics terrify novice debaters, especially
those who lack high school debate experience. They are unable to cope with the breadth of the
topic and experience “negophobia,”7 the fear of debating negative. As a consequence, the
educational advantages associated with teaching novices through policy debate are lost: “Yet all
of these benefits fly out the window as rookies in their formative stage quickly experience
humiliation at being caugh without evidence or substantive awareness of the issues that
confront them at a tournament.”8 The ultimate result is that fewer novices participate in NDT,
thus lessening the educational value of the activity and limiting the number of debaters or
eventually participate in more advanced divisions of policy debate. In addition to noting the
effect on novices, participants argued that broad topics also discourage experienced debaters
from continued participation in policy debate. Here, the claim is that it takes so much times
and effort to be competitive on a broad topic that students who are concerned with doing
more than just debate are forced out of the activity.9 Gaske notes, that “broad topics
discourage participation because of insufficient time to do requisite research.”10 The final effect
may be that entire programs either cease functioning or shift to value debate as a way to avoid
unreasonable research burdens. Boman supports this point: “It is this expanding necessity of
evidence, and thereby research, which has created a competitive imbalance between
institutions that participate in academic debate.”11 In this view, it is the competitive imbalance
resulting from the use of broad topics that has led some small schools to cancel their programs.
Engaging ocean education at the high school level is crucial to increase
diversity in the ocean scientific fields
Gilligan 6 ~ Dr. Matthew, Savannah State University, Moderator Report on Building an Innovative
Workforce through Diversity, Conference on Ocean Literacy Report, June 7-8, 2006 Washington, DC
Persistent myths. The myth that underrepresented groups aren’t interested in science
and technology
is accompanied by others, such as high-performing science
students don’t exist in underrepresented groups; they have no science or technology role
models; they’re unable to get through weed-out courses in STEM disciplines; and, in general,
academic excellence and minority access are mutually exclusive.¶ All of these myths were debunked
recently in a May 25, 2006, article in The New York Times describing the NSF-funded Meyerhoff
Scholars Program at the University of Maryland, Baltimore County. The program was cited as a
model illustrating that a vibrant, well- structured science program can produce large
numbers of underrepresented minority students who excel and remain in STEM
fields.¶ Competition from other fields. Mark Loveland, Education Programs Coordinator at the
National Academy of Sciences’ Koshland Science Museum, remarked that surveys demonstrate that
professional careers other than basic science or ocean sciences— such as law, medicine and
business—do a better job recruiting and promoting minorities and women into their careers, and
offer more compelling economic and other tangible benefits. Mr. Loveland asked Dr. Vergun what
might attract a bright, eager, competent minority or female student to pursue a
career in academic research or sciences, especially in the ocean sciences, versus more
lucrative fields. Dr. Vergun responded by saying what makes the difference is someone who
cares and an exciting, engaging experience that opens opportunities in a world
about which students have no idea. Our students rarely hear anything about the
marine sciences until college, and most colleges and universities don’t have marine science
undergraduate degree programs.
2NC XT – “Non-military” vs “Non-combat”
Non-military is distinct from non-aggressive or non-combat operations – it
implies a prohibition of military activities
Benkeo et al. 85 ~ Marrietta, Professor of Astronomical Space Research at Utrecht University
Observatory, “Space Law in the United Nations”//RJ
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 non-military 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 'non-aggressiveness' 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.
2NC XT – Excludes Military Use
Doesn’t include armed forces
OED 14 ~ Oxford English Dictionary,
http://www.oxforddictionaries.com/us/definition/american_english/nonmilitary, Accessed
7/2/14//RJ
nonmilitary
Syllabification: non·mil·i·tar·y
Pronunciation: /ˌnänˈmiləˌterē /
ADJECTIVE
Not belonging to, characteristic of, or involving the armed forces; civilian:
Military elements includes persons and objects constitued by military
objectives
Geneva 71 ~ 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//RJ
All humanitarian international law is founded on ¶ a basic distinction between what, for the
sake of conven-¶ ience, can be called "civilian elements" and "military ¶ elements". Firstly, the
"civilian elements" are taken to ¶ mean persons; that is to say, the civilian population ¶ whose
protection it is desired to reaffirm and develop. ¶ Secondly, the term refers to non-military
objects designed ¶ to serve this civilian population. In the same way, "mili-¶ tary elements"
are constituted by persons and objects ¶ which are generally described by the term "military
objec-¶ tives".
*** Military Definitions ***
Includes Non-Military Use
Using ____ is considered a “mixed object” – it’s only military if it takes on a
direct military function.
Geneva 71 ~ 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//RJ
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 non-military ¶ 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 military is critical to national non-military ocean policy – it’s necessary
for offshore energy and exploration. (*** utilize this as a ground
argument*** )
Medina et al. 14 ~ Monica, Joel Smith, and Linda Sturgis, Center for a New American
Security, “National Coastal Ocean Mapping: Advancing National Defense and Ocean
Conservation,” January 2014, accessed June 30, 2014//RJ
Management of the coastal ocean is fundamentally an issue of governance. However, the
diverse group of agencies with statutory obligations to manage ocean resources or undertake
activities in these areas creates challenges for effective governance in the coastal ocean. For
instance, the department of the interior’s bureau of ocean energy management leases rights to
drill for oil and natural gas and build wind farms in the coastal ocean, while the commerce
department’s national marine fisheries service manages the number, type and location offish
that can be caught and oversees the permitting process for the navy to use sonar in training
areas. In total, more than 140 federal laws govern the coastal ocean areas.26¶ the creation
and empowerment of regional plan- ning bodies has been a central pillar of the national ocean
policy. The military, particularly the coast guard and navy, play a key role in regional planning
efforts along with public and private stakeholders. Some regional planning bodies have made
significant progress to advance ocean plan- ning. Because of a lack of funding and centralized
oversight, efforts throughout the nation have been inconsistent.¶ the northeast regional ocean
council and the mid-atlantic regional council on the ocean (marco) are widely recognized as
leaders in regional planning. Marco has led the way¶ in transparency, cooperation and data
sharing through the marco portal. If this level of effort could be replicated across the nation and
integrated into an ocean plan, ocean users would clearly benefit.¶ even for these relatively
successful regional groups, challenges persist. Participants in a marco workshop in april noted
that “the fragmentation¶ of federal management was so strong that it would be difficult for the
mid-atlantic regional planning body to overcome in any meaningful way” and¶ that “the lack of
dedicated funding in support of regional ocean planning was considered a substan- tial
challenge.”27 for effective coastal and marine spatial planning, the national ocean council must
empower regional planning bodies to address the competing uses in each region and resolve
conflicts. Furthermore, there must be a national-level coor- dination mechanism to ensure
consistency across adjacent areas and nationally unified ocean gover- nance. Without sustained
funding for their efforts, regional planning bodies will face challenges increating uniform plans
by 2015, and conflicts among users are likely to persist.¶ numerous information technology
programs map ocean use, but no single program comprehensively captures all major coastal
ocean activities. Perhaps the most notable effort, the ocean.data.gov web- site, is designed to
serve as the national ocean council’s gateway for ocean use data. This website¶ has many
positive qualities and has the potential to become a comprehensive resource for coastal ocean
mapping. However, it is based on limited data¶ – almost exclusively from federal sources – and
therefore captures only a subset of coastal ocean activity. Other publicly available geospatial
applica- tions, such as the “marine cadastre” program, a joint venture between the noaa and the
bureau of ocean energy management, are useful in certain applictions, but are also limited by
funding and scope of data.¶ informed decisions require good data. To exemplify the
importance of transparency and data sharing, the coast guard initiated the atlantic coast port
access route study to evaluate vessel routing from florida to maine and assist the bureau of
ocean energy management’s efforts to identify priority areas for offshore wind energy
development. Data from automatic identification systems to track ves- sel movements were
used to create a comprehensive view of current shipping routes, allowing analysts to depict the
concentration of vessel movements and approaches to ports along the eastern seaboard. The
data provide a useful starting point for dis- cussions about port access and vessel routing and
efforts to preserve navigational safety in conjunc- tion with offshore energy development
proposals.28¶ this is an era of “big data” and ever-increasing¶ amounts of publicly available
information. Ocean¶ users should strive to foster information sharing, improved cooperation
and conflict avoidance. As the environmental compliance administrator, the council on
environmental quality should encourage govern- ment agencies to use coastal ocean mapping
to ease the administrative burden of complying with federal statutes and regulations. A
comprehensive coastal ocean map- ping system – based either on an existing platform, such as
ocean.data.gov or on entirely new software – should compile, integrate and analyze the
available data. Those data need to be collected in a holistic manner for all¶ major activities in
the coastal ocean, and they should include overlays describing such characteristics as water
depth, bottom type, currents, shipping routes, marine protected areas, commercial and
recreational fishing grounds, projected oil and gas lease sales, and military training areas. Using
the standardized data collection methods, this system would produce region-specific maps
based on the unique characteristics of each area. A publicly accessible and user-friendly
mapping system could provide users and regional planning bodies with essential tools for
national ocean planning.¶ given the u.s. military’s history of researching¶ and acquiring
technology to advance coastal ocean awareness, we recommend that it lead the map- ping
effort, with input from public and private stakeholders. The military should invest in the
development of a national coastal ocean mapping system that would provide regional planning
bodies with a unified tool for ocean planning.¶
Military infrastructure can be classified as non-military based on its usage
value
Geneva 71 ~ 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//RJ
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 non-military object if ¶ its function changes
(for example, the barracks abandoned ¶ by troops and transformed into a hospital 60/.
DOD Agencies Not T
The <insert agency> is one of the three military departments and is a distinct
military branch.
Powers No Date ~ Rod, Air Force First Sergeant with 22 years of active duty, “U.S. Military
101”, http://usmilitary.about.com/cs/generalinfo/a/military101.htm
Our present military organizational structure is a result of the National Security Act of 1947. This
is the same act that created the United States Air Force, and restructured the "War
Department" into the "Department of Defense."¶ The Department of Defense is headed by a
civilian; the Secretary of Defense, who is appointed by the President of the United States. Under
the Secretary of Defense, there are three military departments: The Department of the Army,
the Department of the Air Force, and the Department of the Navy. Each of these military
departments are also headed up by civilians; the Secretary of the Army, the Secretary of the Air
Force, and the Secretary of the Navy. These "service secretaries" are also appointed by the
President.¶ There are five military branches: The Army, Air Force, Navy, Marine Corps, and Coast
Guard. The Army is commanded by a four-star general, known as the Army Chief of Staff. The
Army Chief of Staff reports to the Secretary of the Army (for most matters). The top military
member in the Air Force is the Air Force Chief of Staff. This four-star general reports (for most
matters) to the Secretary of the Air Force. The Navy is commanded by a four-star admiral, called
the Chief of Naval Operations. The Marines are commanded by a 4-star general called the
Commandant of the Marine Corps. Both the Chief of Naval Operations and the Marine Corps
Commandant report (for most matters) to the Secretary of the Navy.
Icebreakers = Military
Icebreakers are military ships
O'Rourke 10 ~ Ronald O'Rourke, Specialist in Naval Affairs at the Congressional Research
Service, Coast Guard Polar Icebreaker Modernization: Background, Issues, and Options
The other big difference is that, because the Coast Guard icebreakers are military ships and
have multiple missions, they have a much larger crew strength. Their manning is about 134
crew, officers and crew, compared with I8 on the Ocean.
Coast Guard = Military
The Coast Guard is the only military organization in the Department of
Homeland Security
USCG 14 ~ “Overview of the United States Coast Guard”, http://www.uscg.mil/top/about/,
Accessed 7/2/14 //RJ
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.
Coast Guard = Non-Military
The Coast Guard participates in non-military operations, and is distinct from
the navy during peacetime.
USCG 14~ United States Coast Guard, “CHAPTER 1: ORGANIZATION AND
ADMINISTRATION”http://www.uscg.mil/INTERNATIONAL/affairs/Publications/MMSCode/englis
h/Chap1.htm, Accessed 7/2/14 //RJ
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.¶
Navy = Military
The Navy is one of the three military departments and is a distinct military
branch.
Powers 14 ~ Rod, Air Force First Sergeant with 22 years of active duty, “U.S. Military 101”,
http://usmilitary.about.com/cs/generalinfo/a/military101.htm
Our present military organizational structure is a result of the National Security Act of 1947. This
is the same act that created the United States Air Force, and restructured the "War
Department" into the "Department of Defense."¶ The Department of Defense is headed by a
civilian; the Secretary of Defense, who is appointed by the President of the United States. Under
the Secretary of Defense, there are three military departments: The Department of the Army,
the Department of the Air Force, and the Department of the Navy. Each of these military
departments are also headed up by civilians; the Secretary of the Army, the Secretary of the Air
Force, and the Secretary of the Navy. These "service secretaries" are also appointed by the
President.¶ There are five military branches: The Army, Air Force, Navy, Marine Corps, and Coast
Guard. The Army is commanded by a four-star general, known as the Army Chief of Staff. The
Army Chief of Staff reports to the Secretary of the Army (for most matters). The top military
member in the Air Force is the Air Force Chief of Staff. This four-star general reports (for most
matters) to the Secretary of the Air Force. The Navy is commanded by a four-star admiral, called
the Chief of Naval Operations. The Marines are commanded by a 4-star general called the
Commandant of the Marine Corps. Both the Chief of Naval Operations and the Marine Corps
Commandant report (for most matters) to the Secretary of the Navy.
Navy = Non-Military
It can be used for non-military purposes
NRC 96 ~ National Research Council, “Expanding the Uses of Naval Ocean Science and
Technology,” Google Books, Accessed 7/2/14 //RJ
The Office for Naval Research (ONR) supports research and development (R&D) in several areas
with potential for application outside the Navy. Many marine industries and other nonmilitary
users could benefit from some product of ONR research (in such areas as coastal zone
management, parks and recreation, shipping and shipbuilding, and commercial weather
forecasting). The committee could not explore all possible applications of ONR technology but
instead focused its attention on four important, potential user groups. The committee invited
representatives of the oil and gas industry (i.e. exploration, production, and pipeline
operation), fisheries, environmental companies, and marine equipment and service providers
to present their views on the existing and future technology needs of the industry. Because of
their economic dominance, these four groups represent that segment of the nonmilitary,
marine industrial sector that the committee concluded could benefit the most from future
ONR-supported research and technology development.
Merchant Marines = Military
Merchant marines are subject to military laws and are legally considered a
branch of the military.
Merchant Marine 12 ~ “Are The Merchant Marines Part Of Military Service”,
http://www.merchant-marine.com/2012/05/30/are-the-merchant-marines-part-of-militaryservice/, Accessed 7/2/14 //RJ
During peacetime, the United States Merchant Marine carries out typical civilian functions such
as the shipping of imports and exports. In time of war, however, the Merchant Marine becomes
an auxiliary of the U.S. Navy to carry troops and war supplies and is officially considered a
branch of the military. Members of the Merchant Marine, called “Mariners,” hold U.S. Navy
grade or rank during wartime and can receive medals and ribbons for service in conflicts like
any other member of the military. Mariners are also subject to the military code of justice
including court martial proceedings. The United States Merchant Marine Academy located in
Kings Point, New York is classified as a military academy in the same league as West Point or
Annapolis. In 1988, President Ronald Reagan signed a bill which made all Mariners who had
served in wartime official U.S. veterans with rights to all services and benefits of any other vet.
This act seems fitting, given some historical facts and figures. A ship of the U.S. Merchant
Marine was actually the first American ship to engage in warfare on the high seas when it
captured the British warship HMS Margaretta in 1775. This event predates the entry of both the
U.S. Navy and the U.S. Coast Guard into naval combat. By World War II, service in the Merchant
Marine proved to be more hazardous that combat duty in any other branch of the military: The
casualty rate for Mariners during the war was 3.9, a rate more than four times that of
servicemen in the U.S. Navy or Coast Guard.
Development
*** Drilling Not T ***
1NC Drilling not T
A. Violation- Gas production (drilling) is not “exploration” or
“development”
Wang 99 – Dr. H.H. Wang, Director of the Research Sciences Group at Quality Strategies, Inc.,
China's Oil Industry and Market, p. 369-370
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 oil-bearing 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.
B. Violation- the aff is about natural gas production, not development of
the OSC
C. Voting issue for limits and ground--Energy Affs are huge and essentially their own topic---generics are
completely different and there are tons like oil, gas, OTEC, multiple types of
wind, etc---production blows the lid off the topic and makes research burdens
unmanageable
2NC XT - Interpretation
Our interpretation is that development is limited to designing,
manufacturing, and installation before commencement of commercial
production – that’s Wang.
A. Prefer Wang – even if it’s about China, he has intent to define and uses
industry-specific lexicon to delineate between development and production in
context of affirmative.
B. This is the US legal definition
CFR 14 – Code of Federal Regulations, 43 USC 1331: Definitions, 5-25,
http://uscode.house.gov/view.xhtml?req=(title:43%20section:1331%20edition:prelim)
§1331. Definitions
When used in this subchapter(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;
(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;
“Development” occurs before production
Schlumberger 14 – Schlumberger’s Oilfield Glossary, “development”
http://www.glossary.oilfield.slb.com/en/Terms.aspx?LookIn=term%20name&filter=developmen
t
development
1. n. [Geology]
The phase of petroleum operations that occurs after exploration has proven successful, and
before full-scale production. The newly discovered oil or gas field is assessed during an appraisal
phase, a plan to fully and efficiently exploit it is created, and additional wells are usually drilled.
C. Their counterinterp is bad
2NC XT – Standards
A. They explode limits – allowing for the production of energy allows for an
entire new topic within the resolution which explodes an already massive
topic – an entire college year was devoted to energy alone – they would allow
for renewables which includes OTEC, offshore wind, offshore solar, tidal
energy, each with different solvency mechanisms and agents of
implementation.
And limits are key to educational and competitive debate – broad topics force
endless hours of research that’s impossible to maintain with a life outside of
debate.
Rowland 84 ~ Robert C., Baylor University, “Topic Selection in Debate”, American Forensics in
Perspective, Ed. Parson
The first major problem identified by the work group as relating to topic selection is the decline
in participation in the National Debate Tournament (NDT) policy debate. As Boman notes: There
is a growing dissatisfaction with academic debate that utilizes a policy proposition. Programs
which are oriented toward debating the national policy debate proposition, so-called “NDT”
programs, are diminishing in scope and size.4 This decline in policy debate is tied, many in the
work group believe, to excessively broad topics. The most obvious characteristic of some recent
policy debate topics is extreme breath. A resolution calling for regulation of land use literally
and figuratively covers a lot of ground. Naitonal debate topics have not always been so broad.
Before the late 1960s the topic often specified a particular policy change.5 The move from
narrow to broad topics has had, according to some, the effect of limiting the number of students
who participate in policy debate. First, the breadth of the topics has all but destroyed novice
debate. Paul Gaske argues that because the stock issues of policy debate are clearly defined, it
is superior to value debate as a means of introducing students to the debate process.6 Despite
this advantage of policy debate, Gaske belives that NDT debate is not the best vehicle for
teaching beginners. The problem is that broad policy topics terrify novice debaters, especially
those who lack high school debate experience. They are unable to cope with the breadth of the
topic and experience “negophobia,”7 the fear of debating negative. As a consequence, the
educational advantages associated with teaching novices through policy debate are lost: “Yet all
of these benefits fly out the window as rookies in their formative stage quickly experience
humiliation at being caugh without evidence or substantive awareness of the issues that
confront them at a tournament.”8 The ultimate result is that fewer novices participate in NDT,
thus lessening the educational value of the activity and limiting the number of debaters or
eventually participate in more advanced divisions of policy debate. In addition to noting the
effect on novices, participants argued that broad topics also discourage experienced debaters
from continued participation in policy debate. Here, the claim is that it takes so much times
and effort to be competitive on a broad topic that students who are concerned with doing
more than just debate are forced out of the activity.9 Gaske notes, that “broad topics
discourage participation because of insufficient time to do requisite research.”10 The final effect
may be that entire programs either cease functioning or shift to value debate as a way to avoid
unreasonable research burdens. Boman supports this point: “It is this expanding necessity of
evidence, and thereby research, which has created a competitive imbalance between
institutions that participate in academic debate.”11 In this view, it is the competitive imbalance
resulting from the use of broad topics that has led some small schools to cancel their programs.
B. Having a stable resolution allows for honed research skills and a stable
locus of ground which allows for better clash and debatability which is a key
internal link to decisionmaking and critical thinking. These are portable skills
which is the only thing we get after the round.
C. Topicality is also a question of jurisdiction – voting for an affirmative
outside the resolution is outside of your agential ambit – vote negative on
presumption.
D. And depth is greater than breadth – being able to investigate issues more
deeply allows for better research skills ins
E. Engaging ocean education at the high school level is crucial to increase
diversity in the ocean scientific fields
Gilligan 6 ~ Dr. Matthew, Savannah State University, Moderator Report on Building an Innovative
Workforce through Diversity, Conference on Ocean Literacy Report, June 7-8, 2006 Washington, DC
Persistent myths. The myth that underrepresented groups aren’t interested in science
and technology
is accompanied by others, such as high-performing science
students don’t exist in underrepresented groups; they have no science or technology role
models; they’re unable to get through weed-out courses in STEM disciplines; and, in general,
academic excellence and minority access are mutually exclusive.¶ All of these myths were debunked
recently in a May 25, 2006, article in The New York Times describing the NSF-funded Meyerhoff
Scholars Program at the University of Maryland, Baltimore County. The program was cited as a
model illustrating that a vibrant, well- structured science program can produce large
numbers of underrepresented minority students who excel and remain in STEM
fields.¶ Competition from other fields. Mark Loveland, Education Programs Coordinator at the
National Academy of Sciences’ Koshland Science Museum, remarked that surveys demonstrate that
professional careers other than basic science or ocean sciences— such as law, medicine and
business—do a better job recruiting and promoting minorities and women into their careers, and
offer more compelling economic and other tangible benefits. Mr. Loveland asked Dr. Vergun what
might attract a bright, eager, competent minority or female student to pursue a
career in academic research or sciences, especially in the ocean sciences, versus more
lucrative fields. Dr. Vergun responded by saying what makes the difference is someone who
cares and an exciting, engaging experience that opens opportunities in a world
about which students have no idea. Our students rarely hear anything about the
marine sciences until college, and most colleges and universities don’t have marine science
undergraduate degree programs.
2NC AT – More Ground
A. Any ground we retain under their interpretation is bad and
unpredictable – there’s no topic disad or counterplan – disads to
exploration won’t apply to development – even then, they’re a type of
development that doens’t link to generic development DA’s, which
forces international and process counterplans which are abusive and
bad for clash and debatability because we never talk about the
substance of the policies.
B. It’s also bidirectional – every portion of the energy topic would
mandate bidirectional disads and counterplans which proves our abuse
story.
2NC AT – Reasonability
Reject reasonability –
1. You’re not reasonable – the limits debate proves you make it impossible to
be neg
2. If your reasonability topical then you are reasonably untopical – vote neg
on jurisdiction
3. This year’s topic is huge – we should limit it down as much as possible
4. Reasonability is arbitrary and leads to judge intervention – competing
interpretations is the only objective standard for evaluating topicality
2NC – More Interp Cards
<insert aff> is distinct from exploration.
Hertzman 13 – Len Hertzman, Partner at Ashurst Australia, “Exploration Expenditure – No
Bright Line Test”, www.ashurst.com/doc.aspx?id_Content=9175
… 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.
AFF- 2AC Drilling not T
1. We meet- The plan text word-for-word says that USFG will “increase
its natural gas development” in the OCS
2. Their interpretation evidence is bad- it’s about China’s conception of
development, not the US—they should have to read evidence about the
scope of United States ocean policy
3. Counter-interpretation- ocean development includes energy drilling
Pujari 12 – Saritha Pujari, 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-ocean-developmentaround-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 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.
4. No limits explosion- there are only 3 more affs- offshore oil, offshore
gas, and offshore wind
5. No ground loss- you still can read politics, spending, trade-off DAs, and
condition, certainty, and international actor CPs
6. Competing interpretations bad, defer to reasonability- causes a race to
the bottom to exclude any aff from the literature, like all energy affs
which are a key part of ocean policy
*** Energy Not T ***
1NC – Energy
Interpretation – ocean development is transportation and communication,
desalination, extraction of minerals, food production and research activites
Lipp 60 ~ James E., director of development planning of the Lockheed Aircraft, “FRONTIERS IN
OCEANIC RESEARCH HEARINGS”, House Committee on science and astronautics, April 28, 1960
http://archive.org/stream/frontiersinocean00unit/frontiersinocean00unit_djvu.txt //RJ
I should like to subdivide the field of ocean development into half a dozen parts and handle each
very briefly. These are ; naval weapons, underwater transportation and communication, fresh
water conversion, mining or chemical extraction of minerals, food production, and finally
research activities.
Violation – the aff is <insert> – that explodes limits which are key to a
manageable resolution which is key to debatability and a fair division of
ground which encourages in-depth research skills and decision-making,
which are the only portable skills.
Reject reasonability – it’s an unlimiting standard that forces arbitrary judge
intervention.
2NC OV – Energy
Our interpretation is that ocean development is transportation,
communication, desalination, extraction of minerals, food production, and
research activities.
That’s best – theirs encourages affirmatives to invest or lease deep water oil
and natural gas drilling which is distinct from development and explodes the
topic to include extraction of any resources.
Utilization of ocean resources is limited to fishery science and tech, not
energy.
Japan Institute of Navigation 98 ~ http://members.j-navigation.org/ecommittee/Ocean.htm //RJ
Discussions of "Ocean Engineering" are inseparable from "Ocean Development."
What is ocean development? Professor Kiyomitsu Fujii of the University of
Tokyo defines ocean development in his book as using oceans for mankind, while
preserving the beauty of nature. In the light of its significance and meaning,
the term "Ocean Development" is not necessarily a new term. Ocean development
is broadly classified into three aspects: (1) Utilization of ocean resources,
(2) Utilization of ocean spaces, and (3) Utilization of ocean energy.
Among these, development of marine resources has long been established as
fishery science and technology, and shipping, naval architecture and port/harbour
construction are covered by the category of using ocean spaces , which have
grown into industries in Japan. When the Committee initiated its activities, however,
the real concept that caught attention was a new type of ocean development,
which was outside the coverage that conventional terms had implied.
And limits are key to educational and competitive debate – broad topics force
endless hours of research that’s impossible to maintain with a life outside of
debate.
Rowland 84 ~ Robert C., Baylor University, “Topic Selection in Debate”, American Forensics in
Perspective, Ed. Parson
The first major problem identified by the work group as relating to topic selection is the decline
in participation in the National Debate Tournament (NDT) policy debate. As Boman notes: There
is a growing dissatisfaction with academic debate that utilizes a policy proposition. Programs
which are oriented toward debating the national policy debate proposition, so-called “NDT”
programs, are diminishing in scope and size.4 This decline in policy debate is tied, many in the
work group believe, to excessively broad topics. The most obvious characteristic of some recent
policy debate topics is extreme breath. A resolution calling for regulation of land use literally
and figuratively covers a lot of ground. Naitonal debate topics have not always been so broad.
Before the late 1960s the topic often specified a particular policy change.5 The move from
narrow to broad topics has had, according to some, the effect of limiting the number of students
who participate in policy debate. First, the breadth of the topics has all but destroyed novice
debate. Paul Gaske argues that because the stock issues of policy debate are clearly defined, it
is superior to value debate as a means of introducing students to the debate process.6 Despite
this advantage of policy debate, Gaske belives that NDT debate is not the best vehicle for
teaching beginners. The problem is that broad policy topics terrify novice debaters, especially
those who lack high school debate experience. They are unable to cope with the breadth of the
topic and experience “negophobia,”7 the fear of debating negative. As a consequence, the
educational advantages associated with teaching novices through policy debate are lost: “Yet all
of these benefits fly out the window as rookies in their formative stage quickly experience
humiliation at being caugh without evidence or substantive awareness of the issues that
confront them at a tournament.”8 The ultimate result is that fewer novices participate in NDT,
thus lessening the educational value of the activity and limiting the number of debaters or
eventually participate in more advanced divisions of policy debate. In addition to noting the
effect on novices, participants argued that broad topics also discourage experienced debaters
from continued participation in policy debate. Here, the claim is that it takes so much times
and effort to be competitive on a broad topic that students who are concerned with doing
more than just debate are forced out of the activity.9 Gaske notes, that “broad topics
discourage participation because of insufficient time to do requisite research.”10 The final effect
may be that entire programs either cease functioning or shift to value debate as a way to avoid
unreasonable research burdens. Boman supports this point: “It is this expanding necessity of
evidence, and thereby research, which has created a competitive imbalance between
institutions that participate in academic debate.”11 In this view, it is the competitive imbalance
resulting from the use of broad topics that has led some small schools to cancel their programs.
Engaging ocean education at the high school level is crucial to increase
diversity in the ocean scientific fields
Gilligan 6 ~ Dr. Matthew, Savannah State University, Moderator Report on Building an Innovative
Workforce through Diversity, Conference on Ocean Literacy Report, June 7-8, 2006 Washington, DC
Persistent myths. The myth that underrepresented groups aren’t interested in science
and technology
is accompanied by others, such as high-performing science
students don’t exist in underrepresented groups; they have no science or technology role
models; they’re unable to get through weed-out courses in STEM disciplines; and, in general,
academic excellence and minority access are mutually exclusive.¶ All of these myths were debunked
recently in a May 25, 2006, article in The New York Times describing the NSF-funded Meyerhoff
Scholars Program at the University of Maryland, Baltimore County. The program was cited as a
model illustrating that a vibrant, well- structured science program can produce large
numbers of underrepresented minority students who excel and remain in STEM
fields.¶ Competition from other fields. Mark Loveland, Education Programs Coordinator at the
National Academy of Sciences’ Koshland Science Museum, remarked that surveys demonstrate that
professional careers other than basic science or ocean sciences— such as law, medicine and
business—do a better job recruiting and promoting minorities and women into their careers, and
offer more compelling economic and other tangible benefits. Mr. Loveland asked Dr. Vergun what
might attract a bright, eager, competent minority or female student to pursue a
career in academic research or sciences, especially in the ocean sciences, versus more
lucrative fields. Dr. Vergun responded by saying what makes the difference is someone who
cares and an exciting, engaging experience that opens opportunities in a world
about which students have no idea. Our students rarely hear anything about the
marine sciences until college, and most colleges and universities don’t have marine science
undergraduate degree programs.
*** LOST Not T ***
1NC – LOST
Interpretation – ocean development is transportation and communication,
desalination, extraction of minerals, food production and research activites
Lipp 60 ~ James E., director of development planning of the Lockheed Aircraft, “FRONTIERS IN
OCEANIC RESEARCH HEARINGS”, House Committee on science and astronautics, April 28, 1960
http://archive.org/stream/frontiersinocean00unit/frontiersinocean00unit_djvu.txt //RJ
I should like to subdivide the field of ocean development into half a dozen parts and handle each
very briefly. These are ; naval weapons, underwater transportation and communication, fresh
water conversion, mining or chemical extraction of minerals, food production, and finally
research activities.
A. LOST requires technology and wealth transfers
UN LOST Info Center 12 (http://www.unlawoftheseatreaty.org/, accessed 7/7/14 //RJ)
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."
B.
That’s extratopical – allowing for tech and wealth transfers opens up a whole
host of affirmatives that have additional planks that have nothing to do with
the ocean – that explodes the neg research burden which undermines
debatability and clash which is key to decisionmaking and critical thinking.
LOST Not T- Its
LOST requires that the US share its development with third-party countriesthat’s not “its” development
Bandow 07 (Doug, Bastiat Scholar in Free Enterprise at the Competitive Enterprise Institute, The Law
of the Sea Treaty Impeding American Entrepreneurship and Investment, Sept, http://cei.org/pdf/6151.pdf)
Moreover, at a time when U.S. consumers are struggling with ¶ the rising costs of gasoline, the
U.S. would eventually have to share oil ¶ revenues from development of the Outer Continental
Shelf (OCS) beyond ¶ 200 nautical miles—roughly 14 percent of the OCS. The royalty rate ¶ under
Article 82 of the Treaty hits 7 percent by the 12th year of production; ¶ the proceeds from U.S. oil
exploration would be distributed by the ¶ International Seabed Authority to its member states—
namely, the Third ¶ World majority. ¶ The treaty’s best provisions—covering navigation, for
instance—¶ largely codify existing international law. Its worst provisions—those ¶ creating the
seabed regulatory regime—would discourage future minerals ¶ production as well as punish
entrepreneurship in related fields involving ¶ technology, software, and intellectual property that
have an ocean ¶ application.
LOST Not T- Military
LOST includes several military provisions which are not T:
a) requirements on the operation of military underwater vehicles
Ridenour 06 (David, president of The National Center for Public Policy Research, Ratification of the
Law of the Sea Treaty: A Not-So-Innocent Passage, August,
http://www.nationalcenter.org/NPA542LawoftheSeaTreaty.html)
One of the concerns raised by critics of the
Law of the Sea Treaty is that it could be used to sharply limit U.S.
military operations. Among the examples they cite is Article 20, which stipulates: "In the territorial sea,
submarines and other underwater vehicles are required to navigate on the surface and to show their
flag."8¶ Proponents of the treaty counter that this provision merely establishes the conditions for invoking a "right of innocent
passage" in the territorial waters of another nation.9 The "right of innocent passage" is the right of any nation's ships to traverse
continuously and expeditiously through the territorial waters of a coastal nation, subject to certain conditions.10¶ Because Article 20
doesn't mention "innocent passage," this provision may provide opponents of U.S. military operations a pretext - albeit a fairly weak
one - for claiming that the surfacing requirement applies to all U.S. submarines operating in territorial waters. Such claims would be
unlikely to prevail, as it is fairly clear, based on the context, that this provision deals with innocent passage. ¶ Advocates of the treaty
also argue that Law of the Sea Treaty merely maintains the status quo for submarines passing through territorial waters because the
United States is already a party to the 1958 Convention on the Territorial Sea and the Contiguous Zone which, they contend, contains
similar language.11 U.S. submarines have traversed territorial waters while submerged over the past 48 years, they say, largely
unaffected by the Territorial Sea Convention's surfacing requirement. ¶ Where submarines are concerned, they appear to be correct. ¶
But Article 20 also adds something completely new: The requirement that "other underwater vehicles" navigate on the surface.12 The
surfacing requirement would thus presumably apply to Autonomous Underwater Vehicles (AUVs) and Remotely
Operated Underwater Vehicles (ROVs), among others (including, presumably, the next generation of such vessels) for the
first time.¶ AUVs, unmanned underwater drones, and ROVs, underwater vehicles controlled by operators at the surface, have
numerous military applications, including mine detection and neutralization, surveillance and inspection of underwater
installations and topography, among others.13¶ Some of these activities are otherwise consistent with the Law of the Sea Treaty's
definition of "innocent passage." An AUV or ROV used to detect mines to protect a ship exercising its right of innocent passage, for
example, appears to meet the requirement that it engage only in activities with "direct bearing on passage." But because these vehicles
must be submerged to be used effectively they would be considered "prejudicial to the peace, good order and security of the state" by
doing so, even though advancing the peace, good order and security is precisely the purpose for which they would be used. ¶ If the
U.S. ratifies the Law of the Sea Treaty, the use of AUVs and ROVs for these and other purposes
could be reduced.
b) requirements that Navy ships do not seize other nations vessels
Ridenour 06 (David, president of The National Center for Public Policy Research, Ratification of the
Law of the Sea Treaty: A Not-So-Innocent Passage, August,
http://www.nationalcenter.org/NPA542LawoftheSeaTreaty.html)
Opponents of the treaty also contend that it could inhibit the U.S.'s ability to pursue international terrorists and prevent the
transportation of weapons of mass destruction on the sea.14 They appear to be correct. ¶ Article 110 of the Law of
the Sea
Treaty specifies military ships are "not justified in boarding [a foreign ship] unless there is
reasonable grounds for suspecting that: (a) the ship is engaged in piracy; (b) the ship is engaged in
the slave trade; (c) the ship is engaged in unauthorized broadcasting...; (d) the ship is without
nationality or (e) ...the ship is, in reality, of the same nationality as the warship." Boarding of ships involved
in the illicit drug trade is also permitted.15¶ Note that boarding of ships engaged in "unauthorized broadcasts" is considered to be
justified, but boarding ships carrying terrorists or weapons of mass destruction is not.¶ Unauthorized broadcasting, by the way, is not
only a justification to board, but for certain countries, a requirement under the treaty.16 Policymakers would be wise to remember that
the U.S. has itself engaged in "unauthorized broadcasts," using such vessels as the Coastal Messenger, a mobile transmitting station
for Voice of America broadcasts behind the Iron Curtain during the 1950s and 1960s.17 ¶ The treaty does permit states to pursue,
apprehend and board ships for violation of other laws and regulations, too, but only if the state is in "hot pursuit" of the ship. To
qualify as "hot pursuit," such pursuit must begin in the "internal waters, the archipelagic waters, the territorial sea or the contiguous
zone of the pursing State, and may only be continued outside the territorial sea or the contiguous zone" if the pursuit has been
uninterrupted.18
c) implicates military sonar
Ridenour 06 (David, president of The National Center for Public Policy Research, Ratification of the
Law of the Sea Treaty: A Not-So-Innocent Passage, August,
http://www.nationalcenter.org/NPA542LawoftheSeaTreaty.html)
Opponents of the Law of the Treaty believe that environmentalists are using the treaty as a vehicle to achieve through international
institutions that which they can't achieve through domestic ones - namely, more onerous environmental standards. This is consistent
with the statements and actions of environmental groups to-date. Greenpeace, for example, has said, "The benefits of the U.N.
Convention on the Law of the Sea are substantial, including its basic duties for states to protect and preserve the marine environment
The Natural Resource Defense Council (NRDC), for its part, cited the L aw o f the
S ea T reaty's environmental provisions as an argument in its challenge of the Navy's use of so-called
"intense active sonar" several years ago. The NRDC said, in part, "The United Nations Law of the Sea
Convention... requires States 'to assess the potential effects... on marine environment'... of
systems such as high intensity active sonar, and to take all measures 'necessary to prevent, reduce
and control pollution of the marine environment from any source'... The danger to marine life from...
sonar... is clearly documented." The Navy ultimately agreed to scale back its use of this sonar
technology.¶ Ratification of the L aw o f the S ea T reaty appears to carry with it the risk that the United
States - and other parties to the treaty - may lose control of their environmental laws.
and to conserve marine living species."35
d) LOST contains provisions that could outright ban the Navy
Ridenour 06 (David, president of The National Center for Public Policy Research, Ratification of the
Law of the Sea Treaty: A Not-So-Innocent Passage, August,
http://www.nationalcenter.org/NPA542LawoftheSeaTreaty.html)
Finally, opponents
of the L aw o f the S ea T reaty contend that Article 88 of the treaty, which stipulates
that "the high seas shall be reserved for peaceful purposes" together with Article 301's
requirement to refrain from "any threat or use of force against the territorial integrity or political
independence of any state" have the potential of unduly constraining U.S. defense operations on the
high seas.22 ¶ Proponents counter that warships of all major powers freely travel through the high seas even though the treaty is
already in force for nations that have ratified it,23 which, as of this writing, stood at 149 nations.24 But the U.S.'s circumstances are
very different than those of the 149 parties to the treaty. As the world's only remaining superpower, the U.S. is the only nation capable
of extended, extensive long-range maritime operations.25 What's more, the U.S. has military obligations that other
nations simply do not. Many of the parties to the treaty 26 don't have organized navies. Others don't
have significant ones.27 Consequently, most parties to the treaty have less interest in the military
implications of Article 88 than does the United States. The ratification of the treaty by these nations therefore
should not be the yardstick by which the risks to U.S. military interests are measured. ¶ Supporters of the treaty also argue that Article
301 would have little impact on U.S. military operations as the provision is the same as Article 2(4) of the U.N. Charter.28 Although
these two provisions are similar, there are some key differences.¶ For one thing, the bodies responsible for enforcement of the Law of
the Sea Treaty's Article 301 and the U.N. Charter's Article 2(4) are different. ¶ Under the U.N. Charter, the Security Council is the
principal enforcement body. The United States has a permanent seat on the security council and, as such, has veto powers. Under the
Law of the Sea Treaty, enforcement responsibilities fall to such bodies as ITLOS, which, as noted earlier, is unlikely to be favorable to
U.S. positions, and the International Seabed Authority (ISA), with a similarly unfavorable composition. The ISA's executive body, the
Council, is composed of representatives of 36 countries, the majority of which can not be counted on to support U.S. positions. Its
membership includes representatives from the Sudan, Malaysia, China, Indonesia, South Africa, Namibia, Nigeria, Kenya, Guyana,
Argentina, Russia and Myanmar (name given to Burma by its military junta), among others.29 ¶ Article 301 of the Law of the Sea
Treaty also has wording slightly different that the U.N. Charter's Article 2(4), replacing the more objective phrase "shall refrain from
the threat" with a more subjective "shall refrain from any threat." This opens the possibility that U.S. military operations on
the high seas could be inhibited when states merely "feel" threatened by them.¶ It is in this context that
provisions such as Article 88 take on greater significance.¶ The Senate Foreign Relations Committee determined
that the risks to U.S. military activity were sufficient enough to address them in its Committee Report.
Among other things, it specified that the Senate's advice and consent for U.S. accession to the Law of the Sea Treaty be subject to the
understanding "that nothing in the Convention referring to 'peaceful purposes' impairs the inherent right of individual or collective
self-defense or rights during armed conflict."30
LOST Not T- Explore/Development
LOST deters new exploration and development because of its tax on resource
extraction
Bandow 07 (Doug, Bastiat Scholar in Free Enterprise at the Competitive Enterprise Institute, The Law
of the Sea Treaty Impeding American Entrepreneurship and Investment, Sept, http://cei.org/pdf/6151.pdf)
Costs to Entrepreneurs¶ The treaty has become a solution in search of a problem. A good ¶ international treaty might be useful, but it is
not necessary. Admittedly,¶ seabed mining seems a distant prospect. Even ISA officials acknowledge¶ that predictions that mining
would begin by 1985 were wildly over-¶ optimistic. They now have no idea when the resources they purport to¶ regulate might
actually be worth harvesting.¶ Nevertheless, operations might eventually become economically¶ feasible as
technologies evolve and market conditions change.¶ Seabed mining is in some senses a distant cousin of the
undersea oil¶ exploration that is already occurring in shallower ocean waters. But such ¶ developments are unlikely to go
on with the Law of the Seat Treaty in its¶ current form, and it may even threaten innovations to harvest
resources¶ such as oil from deeper ocean sources. As noted previously, the LOST¶ requires sharing the
revenues of oil drawn from the Outer Continental¶ Shelf from 200 or more nautical miles beyond U.S. shores.
Seven percent¶ of revenues is a significant levy, heavy enough to discourage more costly¶ or risky
exploration and production.¶ Today, it is hard to imagine any entrepreneur investing capital¶ sufficient to create a viable
deep seabed mining operation. The underwater ¶ environment is forbidding, in ways potentially as challenging as space.¶ The great
depths, incredible pressure, and uneven seabed make the¶ creation of a workable, let alone an economical, mining operation ¶
extremely difficult. But absent intrusive regulation, entrepreneurs have¶ accomplished the seemingly impossible before.
LOST Not T- Anti-Development
LOST explicitly limits development.
Bandow 07 (Doug, Bastiat Scholar in Free Enterprise at the Competitive Enterprise Institute, The Law
of the Sea Treaty Impeding American Entrepreneurship and Investment, Sept, http://cei.org/pdf/6151.pdf)
The primary stumbling block to ratification is the bizarre regulatory ¶ regime governing seabed
mining of deep ocean resources like the minerals ¶ cobalt and manganese. This system is unique in its byzantine complexity. ¶ The
treaty effectively treats the ocean’s unowned seabed resources as ¶ property of the U nited N ations. The
LOST established an International ¶ Seabed Authority (ISA), ruled by an Assembly and a Council, to govern ¶ deep seabed mining
and redistribute income from the industrialized West ¶ to developing countries. Perhaps inspired by “Star Trek,” the LOST also ¶
created an entity called the Enterprise, which would mine the ocean ¶ floor—with the coerced assistance of Western mining
companies—on ¶ behalf of the Authority. ¶ The convention explicitly limited resource development and ¶
promised to protect developing countries from the lower prices that would ¶ result from minerals production. Essentially, it authorized
an OPEC-style ¶ commodity cartel.¶ The details spelled out were as bad as the principles. Private¶ companies had to survey two sites
and turn one over gratis to the¶ Enterprise; they also were required to transfer technology to the Enterprise¶ and to developing states.
American miners would be targeted by anti-¶ density and antimonopoly provisions, while developing nations would ¶ dominate the
Authority. Western governments would be required to¶ enforce payment of fees and royalties, subsidize the U.N.'s mining¶ operation,
and provide resources for redistribution to Third World¶ governments and pseudo-national entities like the Palestinian Liberation¶
Organization (now the Palestinian Authority).¶ The problems with such a system are numerous. It would ¶ empower an inefficient
international organization and incompetent—often¶ kleptocratic—Third World governments, setting poor precedents for the¶
. Establishing¶ a global oceans regulatory system that
restricts entrepreneurship would¶ do more than hinder resource development on the seabed; it
would deter¶ the production of software, technology, and processes designed for seabed¶ mining or with dual-use
capabilities. Finally, a LOST-like regime would¶ discourage exploration of other currently unowned resources, most notably¶ space.
development and operation of other multilateral institutions
Although the treaty's economic impact might have seemed limited,¶ its future adverse effects always would have been enormous.
Today, they¶ could be even worse.
Authorizes domestic ATS suits that could BLOCK development
Portman and Ayotte 12 (Rob, and Kelly, ranking members on the Senate Committee on Armed
Services, Senator Ayotte Will NOT Support the LOST Treaty, July 16,
http://granitegrok.com/blog/2012/07/breaking-news-part-2-senator-ayotte-will-not-support-the-lost-treaty)
The treaty could also spawn international environmental tort claims directly against U.S.
businesses and citizens. A federal law called the Alien Tort Statute (ATS) gives courts the power to hear
“any civil action by an alien for a tort … committed in violation of the law of nations or a treaty of the
United States.”[8] Remarkably, even though the U.S. has not yet ratified the Law of the Sea treaty, the
treaty has already been invoked as a basis for ATS litigation targeting industrial activities . In a 2002
lawsuit brought by residents of Papua New Guinea against a mining corporation, a federal district court in California
held that the plaintiffs had stated a valid ATS claim under the environmental provisions of the
Law of the Sea treaty.[9] A panel of the Ninth Circuit agreed.[10] Accession to the treaty would only
strengthen ATS claims like this 2002 lawsuit by transforming international environmental norms
into a binding treaty obligation.
LOST could DECREASE US mining operations- that’s ANTI-development
Bandow 12 (Doug, CATO Senior Fellow, Sink the Law of the Sea Treaty,
http://www.cato.org/publications/commentary/sink-law-sea-treaty)
Unfortunately, the revised treaty retains many of its original flaws. There is still a complicated
multinational bureaucracy that sounds like an excerpt from George Orwell’s “1984”: At its center
is the International Seabed Authority. The Authority (as it calls itself) supervises a mining
subsidiary called the Enterprise, ruled by an Assembly, Council, and various commissions and
committees. Mining approval would be highly politicized and could discriminate against
American operators. Companies that are allowed to mine would owe substantial fees to the
Authority and be required to do surveys for the Enterprise, their government-subsidized
competitor. A mandatory transfer of mining technologies to Third World companies has been
watered down. However, “sponsoring states” — that is, governments of nations where mining
companies are located-would have to facilitate such transfers if the Enterprise and Third World
competitors are “unable to obtain” necessary equipment commercially. Depending on the whims
of the Authority, ensuring the “cooperation” of private miners could look very much like
mandatory transfers.
LOST Not T- Climate Regs
LOST not T- it requires implementing climate regs on land-based emission
sources
Ridenour 06 (David, president of The National Center for Public Policy Research, Ratification of the
Law of the Sea Treaty: A Not-So-Innocent Passage, August,
http://www.nationalcenter.org/NPA542LawoftheSeaTreaty.html)
L aw o f the S ea T reaty - supported by many in the energy sector - may give
environmentalists a blunt instrument to use against the energy industry. ¶ Article 212 of the treaty
states, in part, "States shall adopt laws and regulations to prevent, reduce and control pollution of the
marine environment from or through the atmosphere... States, acting especially through competent international
organizations... shall endeavor to establish global and regional rules, standards and recommended practices and
procedures to prevent, reduce and control pollution."38 This sounds like a directive to impose Kyoto
Protocol-style regulations designed to reduce state emissions of greenhouse gases. These gases are
In a great ironic twist, the
emitted through the use of the very products the energy industry sells.¶ Backdoor implementation of the Kyoto Protocol might be
advanced by arguing that U.S.'s anthropogenic greenhouse gas emissions (one-quarter of such emissions world-wide) are
warming the planet, causing irreparable harm to coral reefs, home to the world's most
biologically-diverse marine ecosystems.
LOST includes non-ocean related environmental regulations on climate
Bandow 11 (Doug, CATO Senior Fellow, Washington’s Night of the Living Dead: The Law of
the Sea Treaty Stirs, Sept 12, http://www.cato.org/publications/commentary/washingtons-nightliving-dead-law-sea-treaty-stirs)
The potential for dubious “interpretation” is one of the convention’s greatest threats. The U.N. proclaimed that LOST is not “a static
instrument, but rather a dynamic and evolving body of law that must be vigorously safeguarded and its implementation aggressively
advanced.” Some treaty proponents forthrightly celebrate expansive litigation possibilities. William C.G.
Burns of the Monterey Institute of International Studies argued that LOST “may prove to be one of the
primary battlegrounds for climate change issues in the future,” even though no one drafting the convention
thought about temperature controls. Burns noted the Treaty’s expansive definition of marine pollution,
writing that “the potential impacts of rising sea surface temperatures, rising sea levels, and changes in ocean pH as a
consequence of rising levels of carbon dioxide in sea water” could “give rise to actions under the
Convention’s marine pollution provisions.” If nothing else, he suggested, “the specter of litigation may help to deepen
the commitment of States” to legislate on the issue.
AT: We just meant the topical parts
No- ratifying LOST implements the whole thing. The Supreme Court ruled
that treaties are “self-executing,” meaning their provisions are immediately
considered US law.
Ridenour 06 (David, president of The National Center for Public Policy Research, Ratification of the
Law of the Sea Treaty: A Not-So-Innocent Passage, August,
http://www.nationalcenter.org/NPA542LawoftheSeaTreaty.html)
Opponents of the Law of the Sea Treaty also fear that, should the U.S. ratify the treaty, environmentalists will have an additional
avenue for pursuing environmental law suits in U.S. courts. As the U.S. Supreme Court has stated, "international
law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as
questions of right depending on it are duly presented for determination." This seems to leave the door wide open for the use of
international law in U.S. courts.40 Further, as Frederic L. Kirgis, writing for the American Society of
International Law, notes, "Provisions in treaties and other international agreements are given effect as law
in domestic courts of the United States... if they are 'self-executing'... the primary consideration is
intent... that the provision become effective as judicially-enforceable domestic law without
implementing legislation. "41
LOST is definitely self-executing
Portman and Ayotte 12 (Rob, and Kelly, ranking members on the Senate Committee on Armed
Services, Senator Ayotte Will NOT Support the LOST Treaty, July 16,
http://granitegrok.com/blog/2012/07/breaking-news-part-2-senator-ayotte-will-not-support-the-lost-treaty)
Unlike many international agreements, key
provisions of the Law of the Sea treaty are drafted to be “self-executing,” meaning that
certain tribunal judgments would automatically constitute enforceable federal law, without
congressional legislation or meaningful review by our nation’s judiciary.[5] As Justice John Paul Stevens noted in a
concurring opinion in Medellin v. Texas, the L aw o f the S ea t reaty appears to “incorporate international
judgments into domestic law” because it expressly provides that decisions of the tribunal “‘shall
be enforceable in the territories of the States Parties in the same manner as judgments or orders of the highest court
of the State Party in whose territory the enforcement is sought.’”[6] In other words, the treaty equates tribunal decisions
with decisions of the U.S. Supreme Court. This means that private litigants will likely be able to invoke tribunal
The method of executing tribunal judgments further concerns us.
judgments as enforceable in U.S. courts — against the government and possibly against U.S. businesses. The United States will have
no lawful choice but to acquiesce to tribunal judgments, however burdensome or unfair.[7]
**** Sustainable Development Not T ***
1NC – Sustainable Development / Ban ___
Ocean development is in the direction of commercialization
ATIP 04 ~ Asian Technology Information Program, “ATIP04.045: Non Military Underwater
Vehicle R&D in Asia”, http://atip.org/atip-publications/atip-reports/2004/7524-atip04-045-nonmilitary-underwater-vehicle-rd-in-asia.html, Accessed 7/3/14 //RJ
With respect to underwater vehicles, India realizes the potential as described in the
“Commercial Drivers” section of this report, and has formulated a Vision Document (Vision
2015) for Ocean development. This lays down the objectives and the thrust areas in the
development of oceans and their resources and lists the government priorities -- the
development of underwater observation systems, vehicles, and instrumentation -- not only as
technology demonstrators but also for commercial exploitation and exploration of the waters
in and around the country. The vessels are envisaged to be employed in areas of Physical
Oceanography, Biogeochemistry, Continental Shelf Research, and the ongoing Global Ocean
Observation System (GOOS) conceived to meet the data and information needs of users.
That’s distinct from sustainable development.
Abel et al. 5 ~ R.B., S. Connell, N. Della Croce, “Coastal Ocean Space Utilization III”, Google
Books, Accessed 7/2/14 //RJ
‘The enactment of The Marine Development Basic Act (MDBA: Law No. 3983, Dec. 4, 1987)’ war
thus a welcomed response to the urgent need for a more visionary appraoch to planning for
nationwide coastal zone management, and even further to coordinating interministerial
conflcits rationally through the deliberation of the Marine Development Committee chaired by
the Prime Minister. Article 11 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
Violation – the affirmative only increases sustainable development, not
development – that explodes the topic bidirectionally which allows for ban oil
affirmatives and negative action affirmatives.
Limiting out sustainable development is key to debatability – no one knows
what it means
Shah 09 ~ Anup, associate in the Intellectual Property Practice Group in King & Spalding’s
Charlotte office, Global Issues, “Sustainable Development Introduction”,
http://www.globalissues.org/article/408/sustainable-development-introduction, Accessed
7/2/14 //RJ
Ten years on, there is still no widely shared vision of what sustainable development might
mean in practice. India sees the idea of a light ecological footprint as part of its cultural
heritage. Japan, on the other hand, is debating whether the emphasis should be on the
“sustainable” or on the “development” half of the equation.
Reject reasonability – it’s an unlimiting standard that forces arbitrary judge
intervention.
2NC OV – Sustainable Development / Ban ___
Our interpretation is that affirmatives must increase commercialization of
the ocean – that’s ATIP
That’s distinct from sustainable ocean policy or environmental protection
policy – Abel says there’s two different parts of ocean policy, environment
preservation and development.
And, sustainable development is not real development.
Thatcher 91 (Margaret Thatcher quoted in S. Harris, Ecologically Sustainable Development:
Implications for the policy process, Paper presented to Royal Australian Institute of Public
Administration Conference on Ecologically Sustainable Development, Canberra, 9 December,
1991, p. 3. //RJ)
The two words sustainable and development are in a strict sense contradictory. Sustainable
implies the elements of long-term renewal, maintenance, recycling, minimal raw material
exploitation and management of people's needs on a collective basis. Development can be
interpreted in many different ways but according to our present industrial-based culture it
implies short-term planning, minimal maintenance, waste, maximal exploitation of raw
materials and emphasis on the individual.[5]
Sustainable development destroys commercialization – even if in a vacuum,
sustainable development is a development, implementation of policies results
in a net decrease in development.
UN no date (“Our Common Future, Chapter 3: The Role of the International Economy”,
http://www.un-documents.net/ocf-03.htm#III.2.3 //RJ)
Another reason why a business might choose to go along with this program may be in order to
play a role in designing and implementing the policies involved in achieving sustainable
development in a way that will either benefit it or harm its competitors. ¶ "The net effect [of
CPR]" claims Richard Ebeling, "would be the end of efficient and productive enterprise, the
strangling of market competition, greater restraints on entrepreneurial innovation, and limits on
the economic opportunities of those who live in great poverty around the world. The only
beneficiaries would be the global social engineers who cannot give up the collectivist ghost, and
who still dream the dream of centrally planning the lives and fortunes of their fellow men"
[Ebeling]
Allowing for sustainable development policies or banning commercial sectors
of the ocean explodes limits to include affirmatives that are bidirectional and
make the topic unmanageably large for the negative team. It allows for ban
oil drilling, ban aquaculture, and a whole host of affirmatives that increase
“sustainable development” that go against the thesis of the resolution.
Including sustainable development destroys clash and debatability – countries
like Japan and India have their own interpretation of what “sustainable
development” means and there’s no consensus of what it means in practice. –
that’s Shah. That means that affirmatives could arbitrarily define an action
as sustainable which makes an already broad topic destructively massive.
And limits are key to educational and competitive debate – broad topics force
endless hours of research that’s impossible to maintain with a life outside of
debate.
Rowland 84 ~ Robert C., Baylor University, “Topic Selection in Debate”, American Forensics in
Perspective, Ed. Parson
The first major problem identified by the work group as relating to topic selection is the decline
in participation in the National Debate Tournament (NDT) policy debate. As Boman notes: There
is a growing dissatisfaction with academic debate that utilizes a policy proposition. Programs
which are oriented toward debating the national policy debate proposition, so-called “NDT”
programs, are diminishing in scope and size.4 This decline in policy debate is tied, many in the
work group believe, to excessively broad topics. The most obvious characteristic of some recent
policy debate topics is extreme breath. A resolution calling for regulation of land use literally
and figuratively covers a lot of ground. Naitonal debate topics have not always been so broad.
Before the late 1960s the topic often specified a particular policy change.5 The move from
narrow to broad topics has had, according to some, the effect of limiting the number of students
who participate in policy debate. First, the breadth of the topics has all but destroyed novice
debate. Paul Gaske argues that because the stock issues of policy debate are clearly defined, it
is superior to value debate as a means of introducing students to the debate process.6 Despite
this advantage of policy debate, Gaske belives that NDT debate is not the best vehicle for
teaching beginners. The problem is that broad policy topics terrify novice debaters, especially
those who lack high school debate experience. They are unable to cope with the breadth of the
topic and experience “negophobia,”7 the fear of debating negative. As a consequence, the
educational advantages associated with teaching novices through policy debate are lost: “Yet all
of these benefits fly out the window as rookies in their formative stage quickly experience
humiliation at being caugh without evidence or substantive awareness of the issues that
confront them at a tournament.”8 The ultimate result is that fewer novices participate in NDT,
thus lessening the educational value of the activity and limiting the number of debaters or
eventually participate in more advanced divisions of policy debate. In addition to noting the
effect on novices, participants argued that broad topics also discourage experienced debaters
from continued participation in policy debate. Here, the claim is that it takes so much times
and effort to be competitive on a broad topic that students who are concerned with doing
more than just debate are forced out of the activity.9 Gaske notes, that “broad topics
discourage participation because of insufficient time to do requisite research.”10 The final effect
may be that entire programs either cease functioning or shift to value debate as a way to avoid
unreasonable research burdens. Boman supports this point: “It is this expanding necessity of
evidence, and thereby research, which has created a competitive imbalance between
institutions that participate in academic debate.”11 In this view, it is the competitive imbalance
resulting from the use of broad topics that has led some small schools to cancel their programs.
Engaging ocean education at the high school level is crucial to increase
diversity in the ocean scientific fields
Gilligan 6 ~ Dr. Matthew, Savannah State University, Moderator Report on Building an Innovative
Workforce through Diversity, Conference on Ocean Literacy Report, June 7-8, 2006 Washington, DC
Persistent myths. The myth that underrepresented groups aren’t interested
in science
and technology
is accompanied by others, such as high-performing science
students don’t exist in underrepresented groups; they have no science or technology role
models; they’re unable to get through weed-out courses in STEM disciplines; and, in general,
academic excellence and minority access are mutually exclusive.¶ All of these myths were debunked
recently in a May 25, 2006, article in The New York Times describing the NSF-funded Meyerhoff
Scholars Program at the University of Maryland, Baltimore County. The program was cited as a
model illustrating that a vibrant, well- structured science program can produce large
numbers of underrepresented minority students who excel and remain in STEM
fields.¶ Competition from other fields. Mark Loveland, Education Programs Coordinator at the
National Academy of Sciences’ Koshland Science Museum, remarked that surveys demonstrate that
professional careers other than basic science or ocean sciences— such as law, medicine and
business—do a better job recruiting and promoting minorities and women into their careers, and
offer more compelling economic and other tangible benefits. Mr. Loveland asked Dr. Vergun what
might attract a bright, eager, competent minority or female student to pursue a
career in academic research or sciences, especially in the ocean sciences, versus more
lucrative fields. Dr. Vergun responded by saying what makes the difference is someone who
cares and an exciting, engaging experience that opens opportunities in a world
about which students have no idea. Our students rarely hear anything about the
marine sciences until college, and most colleges and universities don’t have marine science
undergraduate degree programs.
Discovery/Development/Production
Exploration and Development are distinct from production.
EPA 2k ~ 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/oilgas.p
df, accessed 7/3/14 //RJ
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.
Cornell 14 ~ Cornell University Law School, Legal Information Institute, “30 CFR 551.1 Definitions.”, http://www.law.cornell.edu/cfr/text/30/551.1, Accessed 7/3/14 //RJ
(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;
*** Includes ***
Includes Aquaculture
Ocean Development includes aquacultural techniques
NAS 75 ~ National Academy of Sciences, Committee on the Survey of Materials Science and
Engineering, “Materials and Man’s Needs: Materials Science and Engineering; Supplementary,
1975, Google Books, Accessed 7/2 //RJ
Projects given high priority include: Atomic Energy ($182M in 1972 – to develop power reactors,
nuclear fuel and uranium resources, reprocessing of spent fuel, and nuclear ship); Space
Program ($78M in 1972 – to develop, launch, and track scientific sattelites and develop
launching rockets); and the Ocean Development Program ($29M in 1972 – to develop a
remote-controlled oil-drilling rig, survey the Japanese continental shelf, develop aquacultural
techniques, establish experimental facilities, and develop engineering techniques for marine
structures.
Includes Banning ___
Ocean development includes restricting ocean areas for resource protection
and development
OTSP 94 ~ 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_2-c.pdf, accessed 7/3/14 //RJ
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 rocky-shore 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.
Includes Coastal Areas
Ocean development includes coastal zone activities
Abel et al. 5 ~ R.B., S. Connell, N. Della Croce, “Coastal Ocean Space Utilization III”, Google
Books, Accessed 7/2/14 //RJ
‘The enactment of The Marine Development Basic Act (MDBA: Law No. 3983, Dec. 4, 1987)’ war
thus a welcomed response to the urgent need for a more visionary appraoch to planning for
nationwide coastal zone management, and even further to coordinating interministerial
conflcits rationally through the deliberation of the Marine Development Committee chaired by
the Prime Minister. Article 11 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.
Includes Desalination
Ocean development includes desalination and extracting salt.
Shaosheng 97 ~ Sui, “Development and utilization of sea water resources of china”,
http://eurekamag.com/research/018/719/018719179.php, Accessed 7/3 //RJ
The development, and utilization of sea water resources is an important aspect of ocean
development. This paper briefly summarizes the development state, technical level and role in
Chinese national economy and construction of extracting salt from sea water, desalination of
sea water, direct utilization of sea water as a water-resource as well as extracting Br. K. Mg and
U from sea water. It, also, points out that developing and utilizing the rich sea water resources
possesses a broad prospect as the development of Chinese national economy and
construction and the gradual consumption of the land resources. It is rich in sea water
resources and development. The utilization of the sea water resources is an important aspect of
the ocean development. The development and utilization of the sea water resources of mankind
has a long history. At present, Br, K, Mg and other chemical products have been extracted from
sea water extracting salt from seawater, desalination of sea water and direct utilization of sea
water as water resources. With a broad oceans China provides the basic-conditions and
guarantee for developing and utilizing sea water resources in a large scale.
Interpretation – ocean development includes desalination
Lipp 60 ~ James E., director of development planning of the Lockheed Aircraft, “FRONTIERS IN
OCEANIC RESEARCH HEARINGS”, House Committee on science and astronautics, April 28, 1960
http://archive.org/stream/frontiersinocean00unit/frontiersinocean00unit_djvu.txt //RJ
I should like to subdivide the field of ocean development into half a dozen parts and handle each
very briefly. These are ; naval weapons, underwater transportation and communication, fresh
water conversion, mining or chemical extraction of minerals, food production, and finally
research activities.
Includes Drilling
Ocean Development includes oil drilling
NAS 75 ~ National Academy of Sciences, Committee on the Survey of Materials Science and
Engineering, “Materials and Man’s Needs: Materials Science and Engineering; Supplementary,
1975, Google Books, Accessed 7/2 //RJ
Projects given high priority include: Atomic Energy ($182M in 1972 – to develop power reactors,
nuclear fuel and uranium resources, reprocessing of spent fuel, and nuclear ship); Space
Program ($78M in 1972 – to develop, launch, and track scientific sattelites and develop
launching rockets); and the Ocean Development Program ($29M in 1972 – to develop a
remote-controlled oil-drilling rig, survey the Japanese continental shelf, develop aquacultural
techniques, establish experimental facilities, and develop engineering techniques for marine
structures.
Includes Encouragement
Development includes encouragement
Broadhead and Izquierdo 10 ~ Jeremy and Rebecca, International forestry expert and
senior consultant at Climate Focus, “Assessment of land use, forest policy and ¶ governance in
Cambodia ¶
“http://www.unredd.net/index.php?option=com_docman&task=doc_view&gid=7389&tmpl=co
mponent&format=raw&Itemid=53, Accessed 7/7/14 //RJ
Cambodian Government began to cooperate in a large‐ scale development project across the ¶
Northeast of Cambodia, the highlands of Vietnam and southern Laos after the Prime Minister’s
visit ¶ to Mondulkiri in 2003. Development includes encouragement of in‐ migration, allocation
of land for ¶ plantations and mining exploration and promotion of tourism and transportation/
infrastructure ¶ development.
Includes Leasing
Ocean development includes federal or state ocean leasing.
OTSP 94 ~ 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_2-c.pdf, accessed 7/3/14 //RJ
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 rocky-shore 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.
Includes Ports/Shipping
Ocean development includes port/harbour construction, naval architecture,
and shipping
Japan Institute of Navigation 98 ~ http://members.j-navigation.org/ecommittee/Ocean.htm //RJ
Discussions of "Ocean Engineering" are inseparable from "Ocean Development."
What is ocean development? Professor Kiyomitsu Fujii of the University of
Tokyo defines ocean development in his book as using oceans for mankind, while
preserving the beauty of nature. In the light of its significance and meaning,
the term "Ocean Development" is not necessarily a new term. Ocean development
is broadly classified into three aspects: (1) Utilization of ocean resources,
(2) Utilization of ocean spaces, and (3) Utilization of ocean energy.
Among these, development of marine resources has long been established as
fishery science and technology, and shipping, naval architecture and port/harbour
construction are covered by the category of using ocean spaces, which have
grown into industries in Japan. When the Committee initiated its activities, however,
the real concept that caught attention was a new type of ocean development,
which was outside the coverage that conventional terms had implied.
Ocean development includes port dredging
DSDIP 14 ~ Queensland Department of State Development, Infrastructure, and Planning,
“Module 10. Coastal Protection”, http://www.dsdip.qld.gov.au/resources/policy/sdap/sdapmodule-10-v1-4.pdf Accessed 7/2 //RJ
AO7.2 Marine development is located and designed to expand on or ¶ redevelop existing
marine infrastructure unless it is demonstrated that it is ¶ not practicable to co-locate the
development with existing marine ¶ infrastructure. ¶ AND ¶ AO7.3 Marine development: ¶ (1)
relies on a natural channel of a depth adequate for the intended vessels, ¶ or ¶ (2) where there
are no feasible alternative locations for the facility in the ¶ local area that do not require
dredging for navigation channel purposes: ¶ (a) involves capital dredging for new navigation
channel purposes ¶ (b) is located, designed and operated to minimise the need for capital ¶ and
subsequent maintenance dredging for navigation channel ¶ purposes.
Includes Renewables
Ocean development includes renewable energy
Parish 13 ~ Devon Parish, Conservation Law Foundation, “Protecting Ocean Resources and
Promoting Sustainable Development”, http://www.clf.org/wpcontent/uploads/2013/03/MA_Ocean_073012.pdf
A requirement of the Massachusetts Oceans Act of 2008, the Massachusetts Ocean Plan (Ocean
Plan) was created to ensure the protection of the state’s Special, Sensitive or Unique (SSU)
ocean areas while also encouraging responsible ocean development, including renewable
energy, in state ocean waters. The creation of the plan proceeded in three phases: information
and data gathering; draft plan development; and formal public review of the draft plan and the
finalization of the plan. An extensive public participation program was conducted during each
phase of the planning process with public listening sessions and workshops held across the
state, more than 300 public comments filed regarding the draft plan, formal public hearings held
after the release of the draft plan, and hundreds of meetings with diverse stakeholders,
including marine pilots, fishermen, energy developers, non-governmental organizations, and
academia.
Includes Sustainable Development
Sustainability is a critical factor of ocean development policies
ACDI 98 ~ Foreign Affairs, Trade, and Development Canada, “Archived – CIDA’s Strategy for
Ocean Management and Development”, http://www.acdi-cida.gc.ca/acdi-cida/acdicida.nsf/eng/nat-329142438-qrx, Accessed 7/2 //RJ
While the UNCLOS has provided the central legal framework for international and regional cooperation in the oceans, Agenda 21 indicates that the concept of "sustainability" should be the
guiding principle and the crucial criterion for environmental planning and management in the
oceans and elsewhere. In this way, Agenda 21 links ocean management and development to
sustainable development in Exclusive Economic Zones (EEZs) and other ocean areas.
Chapter 17 of the Agenda defines objectives and activities in ocean development and
management area, including:
Integrated management and sustainable development of coastal and marine areas, including
EEZs;
Sustainable use and conservation of marine living resources in high-seas areas;
Sustainable use and conservation of marine living resources in areas under national jurisdiction;
The need to deal with critical uncertainties about marine environmental issues and climate
change;
The strengthening of international and regional co-operation and co-ordination; and
Sustainable development of small island states.
Sustainable Development is a subsection of development
SDC 11 ~ Sustainable Development Commission, “What is sustainable development?”
http://www.sd-commission.org.uk/pages/what-is-sustainable-development.html , Accessed
7/2/14 //RJ
"Sustainable development is development that meets the needs of the present, without
compromising the ability of future generations to meet their own needs."
The concept of sustainable development can be interpreted in many different ways, but at its
core is an approach to development that looks to balance different, and often competing, needs
against an awareness of the environmental, social and economic limitations we face as a society.
Sustainable development encompasses economic and social development – it’s
the broadest form of investment.
HREA 11 (Human Rights Education Association, “Sustainable Development,”
http://www.hrea.org/index.php?base_id=166, Accessed 7/8/14 //RJ)
What is Sustainable Development? The right to development implies the right to improvement
and advancement of economic, social, cultural and political conditions. Improvement of global
quality of life means the implementation of change that ensures every person a life of dignity; or
life in a society that respects and helps realize all human rights. These changes must include the
eradication and alleviation of widespread conditions of poverty, unemployment, and inequitable
social conditions. Sustainable development ensures the well-being of the human person by
integrating social development, economic development, and environmental conservation and
protection.¶ Social development implies that the basic needs of the human being are met
through the implementation and realization of human rights. Basic needs include access to
education, health services, food, housing, employment, and the fair distribution of income.
Social development promotes democracy to bring about the participation of the public in
determining policy, as well as creating an environment for accountable governance. Social
development works to empower the poor to expand their use of available resources in order
meet their own needs, and change their own lives. Special attention is paid to ensure equitable
treatment of women, children, people of indigenous cultures, people with disabilities, and all
members of populations considered most vulnerable to the conditions of poverty.¶ Economic
development expands the availability of work and the ability of individuals to secure an income
to support themselves and their families. Economic development includes industry, sustainable
agriculture, as well as integration and full participation in the global economy. Social and
economic developments reinforce and are dependent on one another for full realization.¶ It is
impossible to separate the well-being of the human person from the well-being of the earth.
Therefore truly sustainable development places just as much importance on the protection and
of the earth and the earth's resources. International documents that include the environmental
aspect of development affirm and reaffirm that "human beings are at the centre of concern for
sustainable development. They are entitled to a healthy and productive life in harmony with
nature…". As the goal of sustainable development is to permanently improve the living
conditions of human beings, social and economic developments must be carried out in a way
that is environmentally and ecologically sound; ensuring the continual rejuvenation and
availability of natural resources for future generations.¶ Active participation in sustainable
development ensures that those who are affected by the changes are the ones determining
the changes. The result is the enjoyment and sharing of the benefits and products generated by
the change. Participation is not exclusive, ensuring equitable input, self-determination and
empowerment of both genders and all races and cultural groups.¶
Education about sustainable development is key to development challnges
and addressing critical fronts such as warming.
Watson-Wright 12
(Wendy, Intergovernmental Oceanographic Commission of UNESCO, Ocean in Focus: Science
and Education for Sustainable Development, in: Copejans, E. et al. (Ed.) (2012). First conference
on ocean literacy in Europe: Book of abstracts. Bruges, Belgium, 12 October 2012. VLIZ Special
Publication, 60: pp. 14)
The United Nations declared 2005-2014 the decade of Education for Sustainable
Development (ESD). ESD provides a coherent and holistic vision of the role and purpose
of education within our fragile, fast changing world. For UNESCO and its Intergovernmental
Oceanographic Commission (IOC), ESD is the best framework for addressing environmental
challenges by systematically engaging with the three foundations of sustainable development - the
environmental, social and economic pillars - as well as by highlighting the scientific, cultural and
ethical dimensions. ESD offers not only an overarching frame of reference but also an approach that
is enriched by the contributions of many other disciplines. Education is key to development
challenges such as the threat to human security, and is central to re-shaping our
knowledge, understanding, values and attitudes to take the future of the planet actively into
account.
To address ocean and environmental challenges more progress is needed on many fronts:
producing less greenhouse gases, inventing new green technologies, and changing our behaviour.
Progress is also needed in providing education and public awareness to create
informed citizens. The need for educating and learning about the ocean and global
change is urgent and should be interdisciplinary and holistic, integrating scientific,
social, gender, economic, cultural and ethical dimensions as well as incorporating
local, traditional and indigenous knowledge perspectives and practices. Ocean and
environmental education should be part of an education for sustainable
development that helps people to develop the attitudes and knowledge to make
informed decisions for the benefit of themselves and others, now and in the future .
Nowadays scientists and students look at the world through many lenses, including human
interactions with the planet, to better understand how we impact and are impacted by the world in
which we live. UNESCO and its IOC strive to bring our picture of the Ocean, its beauty, diversity and
fragility to educate scientists, policy makers and new generations about the broad vision needed to
address today’s global problems.
AT: Commercialization (Includes Sustainability)
Sustainability is an important aspect of commercialization policy.
PMOR 13 ~ Prime Minister’s Official Residence, Japan, “Basic Plan on Ocean Policy,”
http://www.kantei.go.jp/jp/singi/kaiyou/kihonkeikaku/130426kihonkeikaku_e.pdf , accessed
7/3/14 //RJ
The development of marine energy and mineral resources should be deemed to have moved to
the ¶ phase of intensified research and development for commercialization while continuing
surveys and ¶ studies, (1) technological development and broad-based scientific surveys and
resource exploration for ¶ identifying the resource potential of marine zones surrounding Japan
should be successively ¶ implemented and (2) intensive technological development for
production should be implemented. ¶ Deliberations on environmental impact assessment
methods for the development should also be ¶ continued and promoted. Concerning Action
bases for the development and other purposes, ¶ construction will also be promoted in areas
including remote islands, specifically Minami-Tori Shima ¶ Island and Okino-Tori Shima Island,
and marine surveys, economic activities and other activities made ¶ by using such bases should
be discussed. Information related to resources should be controlled rigidly ¶ as necessary while
consideration should be given to balance with the principle of publication of ¶ scientific
information.
Exploration
*** Interpretations ***
Generic
Ocean exploration is limited to sonar mapping, CTD, ROVs, and remote
satellites.
NOAA 11 ~ “Galapagos Rift Exploration 2011: But Why Is It Important to Me?”,
http://oceanexplorer.noaa.gov/okeanos/explorations/ex1103/background/edu/media/ex1103_i
mportant.pdf, accessed 7/3/14 //RJ
Ocean exploration involves discovering what lies beneath the ¶ surface of Earth’s ocean. When
an unusual feature (anomaly) is ¶ found, ocean explorers gather enough information to describe
¶ the anomaly and guide more detailed research by future ¶ expeditions. In a sense, Okeanos
Explorer is a path-finding ship, ¶ creating a wake of discovery data for other scientists on other ¶
ships to conduct subsequent and more detailed investigations. ¶ Put another way, exploration is
about discovery; research is about understanding. ¶ • A common misconception about science is
that experiments ¶ are the primary method used to make discoveries. Scientific ¶ experiments
involve carefully planned procedures together with ¶ control and test groups, usually in an effort
to establish cause ¶ and effect relationships. While experiments are a useful scientific ¶ tool, they
are not the only way to gain knowledge. The discovery ¶ of hydrothermal vents is a good
example. Other examples include ¶ many discoveries in astronomy that were made through
extensive ¶ observations rather than experiments. ¶ • The overall exploration strategy used by
Okeanos Explorer ¶ involves three major activities:¶ • Underway reconnaissance;¶ • Water
column exploration; and¶ • Site characterization.¶ Underway reconnaissance involves mapping
the ocean floor ¶ and water column while the ship is underway, and using other sensors to
measure chemical and physical properties of seawater. ¶ Water column exploration involves
making measurements of chemical and physical properties “from top to bottom” while the ship
is stopped. In some cases these measurements may be made ¶ routinely at pre-selected
locations, while in other cases they may ¶ be made to decide whether an area with suspected
anomalies ¶ should be more thoroughly investigated. Site characterization ¶ involves more
detailed exploration of a specific region, including ¶ obtaining high quality imagery, making
measurements of ¶ chemical and physical seawater properties, and obtaining ¶ appropriate
samples. Key technologies involved with this strategy include:¶ • Multibeam sonar mapping
system;¶ • CTD and other electronic sensors to measure chemical and ¶ physical seawater
properties; and¶ • A Remotely Operated Vehicle (ROV) capable of obtaining ¶ high-quality
imagery and samples in depths as great as 6,000 ¶ meters.¶ • Advanced broadband satellite
communication that provides the ¶ foundation for “telepresence.”
1NC – MH370/ Unexplored
Ocean exploration is a discovery process for the unknown for the purpose of
expanding scientific knowledge, distinct from looking for MH370.
NOAA 13 ~ “What is
Exploration?”oceanexplorer.noaa.gov/backmatter/whatisexploration.html, accessed 7/3/14 //RJ
Ocean exploration is about making new discoveries, searching for things that are unusual and
unexpected. Although it involves the search for things yet unknown, ocean exploration is
disciplined and systematic. It includes rigorous observations and documentation of biological,
chemical, physical, geological, and archaeological aspects of the ocean. Findings made through
ocean exploration expand our fundamental scientific knowledge and understanding, helping
to lay the foundation for more detailed, hypothesis-based scientific investigations. While new
discoveries are always exciting to scientists, information from ocean exploration is important to
everyone. Unlocking the mysteries of deep-sea ecosystems can reveal new sources for medical
drugs, food, energy resources, and other products. Information from deep-ocean exploration
can help predict earthquakes and tsunamis and help us understand how we are affecting and
being affected by changes in Earth’s climate and atmosphere. Expeditions to the unexplored
ocean can help focus research into critical geographic and subject areas that are likely to
produce tangible benefits.
And looking for specific things is research, not development.
McNutt 6 ~ 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/CHRG109hhrg28758.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 followed-up.¶ 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 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, multi-disciplinary 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.
Violation: The affirmative looks for a specified target - MH370. That
explodes limits and destroys predictability which is key to negative ground
and decisionmaking.
Reject reasonability – it’s an unlimiting standard that forces arbitrary judge
intervention.
2NC OV – MH370
Our interpretation is that exploration must be searching for the unknown,
not a specific target. – that’s the NOAA, who has intent to define because it’s
the leading federal agency on ocean exploration.
That’s best – the aff allows for limitless affirmatives – I know you’ve heard
that every year but everything that people have thrown into the ocean since
the start of history is literally limitless – it justifies finding something in the
Great Pacific garbage patch. All of this is classified under research, where a
clear hypothesis is being tested – that’s McNutt.
And, exploration is distinct from research.
Ban 12 ~ 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.
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.
And limits are key to educational and competitive debate – broad topics force
endless hours of research that’s impossible to maintain with a life outside of
debate.
Rowland 84 ~ Robert C., Baylor University, “Topic Selection in Debate”, American Forensics in
Perspective, Ed. Parson
The first major problem identified by the work group as relating to topic selection is the decline
in participation in the National Debate Tournament (NDT) policy debate. As Boman notes: There
is a growing dissatisfaction with academic debate that utilizes a policy proposition. Programs
which are oriented toward debating the national policy debate proposition, so-called “NDT”
programs, are diminishing in scope and size.4 This decline in policy debate is tied, many in the
work group believe, to excessively broad topics. The most obvious characteristic of some recent
policy debate topics is extreme breath. A resolution calling for regulation of land use literally
and figuratively covers a lot of ground. Naitonal debate topics have not always been so broad.
Before the late 1960s the topic often specified a particular policy change.5 The move from
narrow to broad topics has had, according to some, the effect of limiting the number of students
who participate in policy debate. First, the breadth of the topics has all but destroyed novice
debate. Paul Gaske argues that because the stock issues of policy debate are clearly defined, it
is superior to value debate as a means of introducing students to the debate process.6 Despite
this advantage of policy debate, Gaske belives that NDT debate is not the best vehicle for
teaching beginners. The problem is that broad policy topics terrify novice debaters, especially
those who lack high school debate experience. They are unable to cope with the breadth of the
topic and experience “negophobia,”7 the fear of debating negative. As a consequence, the
educational advantages associated with teaching novices through policy debate are lost: “Yet all
of these benefits fly out the window as rookies in their formative stage quickly experience
humiliation at being caugh without evidence or substantive awareness of the issues that
confront them at a tournament.”8 The ultimate result is that fewer novices participate in NDT,
thus lessening the educational value of the activity and limiting the number of debaters or
eventually participate in more advanced divisions of policy debate. In addition to noting the
effect on novices, participants argued that broad topics also discourage experienced debaters
from continued participation in policy debate. Here, the claim is that it takes so much times
and effort to be competitive on a broad topic that students who are concerned with doing
more than just debate are forced out of the activity.9 Gaske notes, that “broad topics
discourage participation because of insufficient time to do requisite research.”10 The final effect
may be that entire programs either cease functioning or shift to value debate as a way to avoid
unreasonable research burdens. Boman supports this point: “It is this expanding necessity of
evidence, and thereby research, which has created a competitive imbalance between
institutions that participate in academic debate.”11 In this view, it is the competitive imbalance
resulting from the use of broad topics that has led some small schools to cancel their programs.
Engaging ocean education at the high school level is crucial to increase
diversity in the ocean scientific fields
Gilligan 6 ~ Dr. Matthew, Savannah State University, Moderator Report on Building an Innovative
Workforce through Diversity, Conference on Ocean Literacy Report, June 7-8, 2006 Washington, DC
Persistent myths. The myth that underrepresented groups aren’t interested
in science
and technology
is accompanied by others, such as high-performing science
students don’t exist in underrepresented groups; they have no science or technology role
models; they’re unable to get through weed-out courses in STEM disciplines; and, in general,
academic excellence and minority access are mutually exclusive.¶ All of these myths were debunked
recently in a May 25, 2006, article in The New York Times describing the NSF-funded Meyerhoff
Scholars Program at the University of Maryland, Baltimore County. The program was cited as a
model illustrating that a vibrant, well- structured science program can produce large
numbers of underrepresented minority students who excel and remain in STEM
fields.¶ Competition from other fields. Mark Loveland, Education Programs Coordinator at the
National Academy of Sciences’ Koshland Science Museum, remarked that surveys demonstrate that
professional careers other than basic science or ocean sciences— such as law, medicine and
business—do a better job recruiting and promoting minorities and women into their careers, and
offer more compelling economic and other tangible benefits. Mr. Loveland asked Dr. Vergun what
might attract a bright, eager, competent minority or female student to pursue a
career in academic research or sciences, especially in the ocean sciences, versus more
lucrative fields. Dr. Vergun responded by saying what makes the difference is someone who
cares and an exciting, engaging experience that opens opportunities in a world
about which students have no idea. Our students rarely hear anything about the
marine sciences until college, and most colleges and universities don’t have marine science
undergraduate degree programs.
2NC XT – Exploration = Unexplored
And, Exploration constitutes something new and unexplored.
Cornell 14 ~ Cornell University Law School, Legal Information Institute, “30 CFR 551.1 Definitions.”, http://www.law.cornell.edu/cfr/text/30/551.1, Accessed 7/3/14 //RJ
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 only occurs to the point of discovery.
Grieve 13 ~ Stewart, Partner at Corrs Chambers Westgarth, “Exploration Expenditure Under
The Microscope”, http://www.lexology.com/library/detail.aspx?g=84f4dbcb-26c8-4db7-95597ad03949040f, Accessed 7/3 //RJ
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.
Exploration means you have to be the first to go there.
OER ’12 ~ Office of Exploration and Research, “Ocean Exploration’s Second Decade”
http://explore.noaa.gov/sites/OER/Documents/about-oer/program-review/2012-12-12-FINALOE-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 hypothesis-based 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.
1NC – Specific Goal
Ocean exploration is a discovery process for the unknown for the purpose of
expanding scientific knowledge, distinct from looking for MH370.
NOAA 13 ~ “What is
Exploration?”oceanexplorer.noaa.gov/backmatter/whatisexploration.html, accessed 7/3/14 //RJ
Ocean exploration is about making new discoveries, searching for things that are unusual and
unexpected. Although it involves the search for things yet unknown, ocean exploration is
disciplined and systematic. It includes rigorous observations and documentation of biological,
chemical, physical, geological, and archaeological aspects of the ocean. Findings made through
ocean exploration expand our fundamental scientific knowledge and understanding, helping
to lay the foundation for more detailed, hypothesis-based scientific investigations. While new
discoveries are always exciting to scientists, information from ocean exploration is important to
everyone. Unlocking the mysteries of deep-sea ecosystems can reveal new sources for medical
drugs, food, energy resources, and other products. Information from deep-ocean exploration
can help predict earthquakes and tsunamis and help us understand how we are affecting and
being affected by changes in Earth’s climate and atmosphere. Expeditions to the unexplored
ocean can help focus research into critical geographic and subject areas that are likely to
produce tangible benefits.
And looking for specific things is research, not development.
McNutt 6 ~ 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/CHRG109hhrg28758.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 followed-up.¶ 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 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, multi-disciplinary 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.
Violation: The affirmative looks for a specified target - <insert target>. That
explodes limits and destroys predictability which is key to negative ground
and decisionmaking.
Reject reasonability – it’s an unlimiting standard that forces arbitrary judge
intervention.
2NC OV – Specific Goal
Our interpretation is that exploration must be searching for the unknown,
not a specific target. – that’s the NOAA, who has intent to define because it’s
the leading federal agency on ocean exploration.
That’s best – the aff allows for limitless affirmatives – I know you’ve heard
that every year but all the shit that people have thrown into the ocean since
the start of history is literally limitless – it justifies finding something in the
Great Pacific garbage patch. All of this is classified under research, where a
clear hypothesis is being tested – that’s McNutt.
And, exploration is distinct from research.
Ban 12 ~ 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.
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.
Our interpretation is the only way to create a stable interpretation –
exploration without definitional support explodes the topic to include
unrelated issues.
NAS 69 ~ National Academy of Sciences, “In an Ocean Quest - The International Decade of
Ocean Exploration”,
http://www.gpo.gov/fdsys/pkg/CZIC-gc11-o25-1969/html/CZIC-gc11-o25-1969.htm
The term "International Decade of Ocean Exploration' can be interpreted very broadly. Thus the Steering
Committee gave early consideration to the features that could serve to distinguish programs of the Decade from the whole of ocean
science and engineering. A
broad statement of the basic objectives of the Decade was developed, as
follows:¶ To achieve more comprehensive knowledge of ocean characteristics and their changes
and more profound understanding of oceanic processes for the purpose of more effective
utilization of the ocean and its resources.¶ The emphasis on utilization was considered of primary importance. In
contrast to the total spectrum of oceanography and ocean engineering, the principal focus of Decade activities would be on
exploration effort in support of such objectives as (a) increased net yield from ocean resources,
(b) prediction and enhanced control of natural phenomena, and (c) improved quality of the
marine environment. Thus Decade investigations should be identifiably relevant to some aspect of ocean utilization.¶ The
word "exploration" has a number of meanings, extending from broad reconnaissance to detailed
prospecting. Exploration effort of the IDOE should include the scientific and engineering research and development required to
improve the description of the ocean, its boundaries, and its contents, and to understand the processes that have led to the
observed conditions and that may cause further changes in those conditions.¶ Of all the ocean investigations that will contribute in
some way to enhanced utilization, we believe that those involving cooperation among investigators in this country and abroad are
particularly appropriate for the Decade. Decade Programs would often be of long-term and continuing nature, would require the
facilities of several groups, and would be directed toward objectives of widespread, rather than local or special, interest. It is
anticipated that these programs within the United States may be cooperatively implemented both by government agencies (federal
and state) and by private facilities (academic and industrial).¶ As the title suggests, international cooperation will be of particular
importance. Such cooperation has long been a characteristic of oceanog- raphy, for reasons described in the following paragraph
(from "Inter- national Ocean Affairs" published by the Scientific Committee on Oceanic Research in 1967).¶ The
world ocean
covers 71 % of the earth's surface. Most countries have sea coasts and make some use of the
sea, although national jurisdiction extends over only a small fraction of the ocean's area; the
remainder is common property.* The waters of the world ocean and their contents intermingle
without serious restraint. Many oceanic processes are of large scale and are driven by forces of planetary dimension, The
organisms inhabiting the sea are influenced by these processes and forces, and their distribution, abundance and behaviour are
often influenced by events occurring far beyond the territorial limits recognized by rtian.¶ Most international cooperative
investigations have consisted of a set of national programs suitably modified and coordinated to achieve international objectives.
The Decade is envisioned as a period of intensified collaborative planning, development of national capabilities, and execution of
national and international programs. This report gives principal attention to the development of U.S. programs that could contribute
to the Decade. Integration of these programs and those of other countries into a comprehensive international program was not
discussed in detail, but has been left for consideration by appropriate international bodies. It is hoped that this report will be a
useful contribution to those discussions.¶ In the light of the goals and features discussed above, there
appear to be
important aspects of ocean research and development that lie outside the framework of the
Decade. For example, some aspects of theoretical and experimental research, or the development
and application of specific exploitation techniques, may not be appropriate. Some oceanographic research of an academic nature and certain mission-oriented pro- grams of government
and industry will not fit logically into the Decade For example, the National Council on Marine Resources and
Engineer- ing Development has estimated that only about 30 percent of the present U.S. federal marine science budget (as defined
all investigations in the ocean will
contribute to the goals of the Decade, but in order for it to be successful, a definite set of
programs must be determined. The distinguishing features discussed above should help in defining this set.
by the Council) is designated for programs related to ocean exploration. In a sense,
And limits are key to educational and competitive debate – broad topics force
endless hours of research that’s impossible to maintain with a life outside of
debate.
Rowland 84 ~ Robert C., Baylor University, “Topic Selection in Debate”, American Forensics in
Perspective, Ed. Parson
The first major problem identified by the work group as relating to topic selection is the decline
in participation in the National Debate Tournament (NDT) policy debate. As Boman notes: There
is a growing dissatisfaction with academic debate that utilizes a policy proposition. Programs
which are oriented toward debating the national policy debate proposition, so-called “NDT”
programs, are diminishing in scope and size.4 This decline in policy debate is tied, many in the
work group believe, to excessively broad topics. The most obvious characteristic of some recent
policy debate topics is extreme breath. A resolution calling for regulation of land use literally
and figuratively covers a lot of ground. Naitonal debate topics have not always been so broad.
Before the late 1960s the topic often specified a particular policy change.5 The move from
narrow to broad topics has had, according to some, the effect of limiting the number of students
who participate in policy debate. First, the breadth of the topics has all but destroyed novice
debate. Paul Gaske argues that because the stock issues of policy debate are clearly defined, it
is superior to value debate as a means of introducing students to the debate process.6 Despite
this advantage of policy debate, Gaske belives that NDT debate is not the best vehicle for
teaching beginners. The problem is that broad policy topics terrify novice debaters, especially
those who lack high school debate experience. They are unable to cope with the breadth of the
topic and experience “negophobia,”7 the fear of debating negative. As a consequence, the
educational advantages associated with teaching novices through policy debate are lost: “Yet all
of these benefits fly out the window as rookies in their formative stage quickly experience
humiliation at being caugh without evidence or substantive awareness of the issues that
confront them at a tournament.”8 The ultimate result is that fewer novices participate in NDT,
thus lessening the educational value of the activity and limiting the number of debaters or
eventually participate in more advanced divisions of policy debate. In addition to noting the
effect on novices, participants argued that broad topics also discourage experienced debaters
from continued participation in policy debate. Here, the claim is that it takes so much times
and effort to be competitive on a broad topic that students who are concerned with doing
more than just debate are forced out of the activity.9 Gaske notes, that “broad topics
discourage participation because of insufficient time to do requisite research.”10 The final effect
may be that entire programs either cease functioning or shift to value debate as a way to avoid
unreasonable research burdens. Boman supports this point: “It is this expanding necessity of
evidence, and thereby research, which has created a competitive imbalance between
institutions that participate in academic debate.”11 In this view, it is the competitive imbalance
resulting from the use of broad topics that has led some small schools to cancel their programs.
Engaging ocean education at the high school level is crucial to increase
diversity in the ocean scientific fields
Gilligan 6 ~ Dr. Matthew, Savannah State University, Moderator Report on Building an Innovative
Workforce through Diversity, Conference on Ocean Literacy Report, June 7-8, 2006 Washington, DC
Persistent myths. The myth that underrepresented groups aren’t interested in science
and technology
is accompanied by others, such as high-performing science
students don’t exist in underrepresented groups; they have no science or technology role
models; they’re unable to get through weed-out courses in STEM disciplines; and, in general,
academic excellence and minority access are mutually exclusive.¶ All of these myths were debunked
recently in a May 25, 2006, article in The New York Times describing the NSF-funded Meyerhoff
Scholars Program at the University of Maryland, Baltimore County. The program was cited as a
model illustrating that a vibrant, well- structured science program can produce large
numbers of underrepresented minority students who excel and remain in STEM
fields.¶ Competition from other fields. Mark Loveland, Education Programs Coordinator at the
National Academy of Sciences’ Koshland Science Museum, remarked that surveys demonstrate that
professional careers other than basic science or ocean sciences— such as law, medicine and
business—do a better job recruiting and promoting minorities and women into their careers, and
offer more compelling economic and other tangible benefits. Mr. Loveland asked Dr. Vergun what
might attract a bright, eager, competent minority or female student to pursue a
career in academic research or sciences, especially in the ocean sciences, versus more
lucrative fields. Dr. Vergun responded by saying what makes the difference is someone who
cares and an exciting, engaging experience that opens opportunities in a world
about which students have no idea. Our students rarely hear anything about the
marine sciences until college, and most colleges and universities don’t have marine science
undergraduate degree programs.
***IOOS Extra T ***
Topicality 1NC- IOOS Aff
A. Interpretation- the Earth’s Oceans are the 5 major oceans
NALMS 14 – 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.
And, the federal government is the central government, distinguished from
the 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.
B. Violation- the IOOS is not limited to USFG action- it includes state,
regional, and private sectors
IOOS report to congress 13 [Official US IOOS report sent to congress. 2013, “U.S. Integrated Ocean Observing System (U.S.
IOOS) 2013 Report to Congress,” http://www.ioos.noaa.gov/about/governance/ioos_report_congress2013.pdf //jweideman]
U.S. IOOS works with its eyes on the future. The successes of U.S. IOOS are achieved through cooperation and
coordination among Federal agencies, U.S. IOOS Regional Associations, State and regional agencies, and the
private sector. This cooperation and coordination requires a sound governance and management structure. In 2011 and 2012,
program milestones called for in U.S. IOOS legislation were achieved, laying the groundwork for more success in the future. First, the
U.S. IOOS Advisory Committee was established. Second, the Independent Cost Estimate was delivered to Congress. As part of the
estimate, each of the 11 U.S. IOOS Regional Associations completed 10-year build-out plans, describing services and products to
address local user needs and outlining key assets required to meet the Nation’s greater ocean-observing needs.
And, the IOOS also applies to the Great Lakes
NOS and NOAA 14 [Federal Agency Name(s): National Ocean Service (NOS), National Oceanic and Atmospheric Administration
(NOAA), Department of Commerce Funding Opportunity Title: FY2014 Marine Sensor and Other Advanced Observing Technologies Transition Project.
“ANNOUNCEMENT OF FEDERAL FUNDING OPPORTUNITY EXECUTIVE SUMMARY,”
http://www.ioos.noaa.gov/funding/fy14ffo_msi_noaa_nos_ioos_2014_2003854.pdf //jweideman]
1. Marine Sensor Transition Topic: U.S.
IOOS seeks to increase the rate that new or existing marine sensor
technologies are transitioned into operations mode in order to facilitate the efficient collection of ocean, coastal and Great
Lakes observations. The Marine Sensor Transition topic is focused on transitioning marine sensors from research to operations
mode to meet the demonstrated operational needs of end-users. Letters of Intent (LOIs) are being solicited for this topic with
particular emphasis on a) projects comprised of multi-sector teams of partners, b) projects that will meet the demonstrated
operational needs of end-users, and c) sensors that are at or above TRL 6. Applicants with sensors for ocean acidification that are at or
above TRL 6 are also eligible to apply to this topic if they have strong commitments for operational transition
C. Voting issue for fairness and ground- extra topicality forces the neg to
waste time debating T just to get back to square one, and it allows the
aff to gain extra advantages, counterplan answers, and link turns to
disads
2NC Cards- Oceans
IOOS includes monitoring the Great Lakes
IOOS report to congress 13 [Official US IOOS report sent to congress. 2013, “U.S. Integrated Ocean Observing System (U.S. IOOS)
2013 Report to Congress,” http://www.ioos.noaa.gov/about/governance/ioos_report_congress2013.pdf //jweideman]
The IOOC recognizes that U.S. IOOS must be responsive to environmental crises while maintaining the
regular long-term ocean observation infrastructure required to support operational oceanography
and climate research. As a source of our Nation’s ocean data and products, U.S. IOOS often serves as a resource
for the development of targeted applications for a specific location or sector. At the same time, U.S.
IOOS organizes data from across regions and sectors to foster the national and international application of
local data and products broadly across oceans, coasts, and Great Lakes. Events over the last few
years, including Hurricane Sandy and the Deep Water Horizon oil spill have awakened U.S.
communities to the value and necessity of timely ocean information. IOOC commends U.S. IOOS
for responsive and capable support to the Nation in these events in addition to diverse everyday
support to the Nation’s maritime economy. We have much more work to do to build and organize the ocean-observing
infrastructure of the Nateion and look forward to wrking with congress on this continuing challenge.
Ocean exploration is distinct from Great Lakes observation
COR 01 ~ Committee On Resources, “OCEAN EXPLORATION AND COASTAL AND
OCEAN OBSERVING SYSTEMS”, Science Serial No. 107–26 Resources Serial No. 107–47,
Accessed 7/3/14 //RJ
On a summer day, our eyes and ears can sense an approaching thunderstorm. Our senses are
extended by radar and satellites to detect advancing storm systems. Our senses are being extended
yet again to anticipate changing states affecting coasts and oceans, our environment, and our
climate. To truly understand the con- sequences of our actions on the environment and the
environment’s impact on us, data obtained through ocean exploration, coastal observations,
and ocean observa- tions will be critical.
‘‘Coastal observations’’ include observations in the Nation’s ports, bays, estuaries,
Great Lakes, the waters of the EEZ, and adjacent land cover. Some of the properties
measured in coastal zones, such as temperature and currents, are the same as those measured in
the larger, basin-scale ocean observation systems. However, the users and applications of those
data can be quite different. For those properties that are similar, there should be a consistent plan
for deployment in the coastal and open ocean systems so that coastal observations represent a
nested hierarchy of observa- tions collected at higher resolution than those from the open ocean.
“Oceans” are only the 5 major bodies of water – landlocked and adjacent
lakes and rivers are excluded.
Rosenberg 14 ~ Matt Rosenberg, Master's in Geography from CSU, “Names for Water
Bodies”, http://geography.about.com/od/physicalgeography/a/waterbodies.htm, accessed 7/3/14
//RJ
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.
2NC Cards- USFG
The data sharing components are the critical part of IOOS- they cant say
they just don’t do the extra-topical parts
IOOS report to congress 13 [Official US IOOS report sent to congress. 2013, “U.S. Integrated Ocean Observing System (U.S.
IOOS) 2013 Report to Congress,” http://www.ioos.noaa.gov/about/governance/ioos_report_congress2013.pdf //jweideman]
Observations are of little value if they cannot be found, accessed, and transformed into useful
products. The U.S. IOOS Data Management and Communications subsystem, or “DMAC,” is the
central operational infrastructure for assessing, disseminating, and integrating existing and future
ocean observations data. As a core functional component for U.S. IOOS, establishing DMAC
capabilities continues to be a principal focus for the program and a primary responsibility of the
U.S. IOOS Program Office in NOAA. Importance and Objectives of DMAC Although DMAC implementation
remains a work in progress, a fully implemented DMAC subsystem will be capable of delivering
real-time, delayed-mode, and historical data. The data will include in situ and remotely sensed
physical, chemical, and biological observations as well as model-generated outputs, including
forecasts, to U.S. IOOS users and of delivering all forms of data to and from secure archive
facilities. Achieving this requires a governance framework for recommending and promoting
standards and policies to be implemented by data providers across the U.S. IOOS enterprise, to
provide seamless long-term preservation and reuse of data across regional and national boundaries and across disciplines. The
governance framework includes tools for data access, distribution, discovery, visualization, and analysis; standards for metadata,
vocabularies, and quality control and quality assurance; and procedures for the entire ocean data life cycle. The DMAC design must be
responsive to user needs and it must, at a minimum, make data and products discoverable and accessible, and provide essential
metadata regarding sources, methods, and quality. The overall DMAC objectives are for U.S. IOOS data providers to develop and
maintain capabilities to: • Deliver
accurate and timely ocean observations and model outputs to a range
of consumers; including government, academic, private sector users, and the general public; using
specifications common across all providers • Deploy the information system components
(including infrastructure and relevant personnel) for full life-cycle management of observations,
from collection to product creation, public delivery, system documentation, and archiving • Establish robust data exchange responsive
to variable customer requirements as well as routine feedback, which is not tightly bound to a specific application of the data or
particular end-user decision support tool U.S. IOOS daia providers therefore are being encouraged lo address the
following DMAC- specific objectives: • A standards-based foundation for DMAC capabilities: U.S. IOOS
partners must clearly demonstrate how they will ensure the establishment and maintenance of a
standards- based approach for delivering their ocean observations data and associated products to users
through local, regional and global/international data networks • Exposure of and access to coastal ocean observations: U.S. IOOS
partners must describe how they will ensure coastal ocean observations are exposed to users via a serviceoriented architecture and recommended data services that will ensure increased data
interoperability including the use of improved metadata and uniform quality-control methods •
Certification and governance of U.S. IOOS data and products: U.S. IOOS partners must present a description of how they will
participate in establishing an effective U.S. IOOS governance process for data certification standards and compliance procedures. This
objective is part of an overall accreditation process which includes the other U.S. IOOS subsystems (observing, modeling and
analysis, and governance)
“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
Central government
AHD 92 (American Heritage Dictionary of the English Language, p. 647)
federal—3. Of or relating
member units.
to the central government of a federation as distinct from the governments of its
AFF-2AC IOOS Extra-T
1. We meet USFG- the plan text in a vacuum just fiats USFG
implementation of the IOOS- any other inter-governmental
collaboration would be a result of the plan, not a mandate of it
2. We meet “Oceans”- the plan says the phrase “increase ocean
exploration by,” which limits the scope of the plan’s action on the
IOOS to the oceans
3. Counter-interpretation- Oceans include other major bodies of water
too
Merkels 96 – Merkels Jr., “United States Patent – Method of Increasing Seafood Production in
the Ocean”, 7-16, patentimages.storage.googleapis.com/pdfs/US5535701.pdf
Ocean fertilization according to the present invention would greatly increase the productivity of
seafood from the oceans. (The term “oceans” also includes seas, bays and other large bodies of
water). For example, ocean fertilization along the Atlantic and Pacific coasts of the United States
could increase the productivity off these coasts up the level that occurs naturally off the coast of
Peru. This could increase the productivity of seafood along the Atlantic and Pacific coasts of the
United States by a factor of 30 or more, and thereby provide thousands of new jobs and revitalize
a fishing industry that is in decline in some areas of the United States, while at the same time
generating a high quality protein food for both domestic consumption and export. Ocean
fertilization could also increase the fish catch off the coasts of other countries with the same
benefits.
4. Counter-interpretation- “Federal” includes the states that form a
central government
AHD 92 (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.
5. No case meets- any affs could potentially involve state coordination if
they apply to coastal areas of the ocean OR they could involve
international coordination if the aff applies beyond the US EEZ
6. Extra T not a voting issue- don’t vote on potential abuse because we
don’t claim advantages off the allegedly extra topical parts, and it
could increase neg ground because they get new chances to generate
offense or things to counterplan out of.
*** Includes ***
Includes Counterfactuals
Ocean exploration includes counterfacuals
NOAA 03 ~ “Exploration,” http://explore.noaa.gov/Exploration/Overview.aspx, Accessed
7/3/14 //RJ
The President's Panel Report on Ocean Exploration defined ocean exploration as discovery
through disciplined, diverse observations and recordings of findings. It includes rigorous,
systematic observations and documentation of biological, chemical, physical, geological, and
archaeological aspects of the ocean in the three dimensions of space and in time.¶ The Panel's
recommendations gave rise to NOAA's Office of Ocean Exploration in 2001 and helped establish
NOAA as the lead agency for a federal ocean exploration program. This leadership continues
within OER. There are two paradigms for exploration:¶ Targeted exploration: The sweeping
goals of an exploration program can be met only if specific ocean regions or problems are
tackled. In partnership with academia and other government agencies, the "holes in the sea,"
are explored: areas ripe for discovery where there has been little exploration to date.
Expeditions based on programmatic and geographic areas of study include (but are not limited
to) marine biodiversity, the Arctic Ocean, the Gulf of Mexico, exploring the ocean through time,
and marine archaeology.¶ Systematic exploration: OER and partners are advancing a new
paradigm for exploration, giving shore-based explorers of all kinds and ages access to the
excitement of real-time discovery on the NOAA Ship Okeanos Explorer and the Exploration
Vessel (E/V) Nautilus. Using high-speed satellite and Internet 2 connections, explorers can
remain on shore at Exploration Command Centers and guide or contribute to exploration plans
and observations, communicating real-time with the shipboard scientists and technicians.
Through standard Internet connections, anyone with a computer and web access can watch and
listen in on operations aboard ship, bringing real-time exploration into living rooms, schools,
laboratories and businesses across the globe.
Includes Private Sector
Ocean exploration includes public-private partnerships
NOAA 13 ~ “The Report of Ocean Exploration 2020: A National Forum”,
http://oceanexplorer.noaa.gov/oceanexploration2020/oe2020_report.pdf, Accessed 7/2/14
//RJ
There was a strong consensus—near unanimity—that in 2020 and beyond, most ¶ ocean
exploration expeditions and programs will be partnerships—public and ¶ private, national and
international. NOAA has been assigned a leadership role ¶ in developing and sustaining a
national program of ocean exploration under the ¶ Ocean Exploration Act of 2009 (Public Law
111-11). The act mandated that NOAA ¶ undertake this responsibility in collaboration with other
federal agencies
Includes Self-Reflection
Ocean exploration includes internal reflection
NOAA 03 ~ Canoe Tech,
http://webapp1.dlib.indiana.edu/virtual_disk_library/index.cgi/7295326/FID2041/oceanexplore
r.noaa.gov/projects/02tribal/canoe_tech/canoe_tech.html, accessed 7/3/14 //RJ
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
Includes Targeted Searching
Ocean exploration includes targeted searching.
NOAA 03 ~ “Exploration,” http://explore.noaa.gov/Exploration/Overview.aspx, Accessed
7/3/14 //RJ
The President's Panel Report on Ocean Exploration defined ocean exploration as discovery
through disciplined, diverse observations and recordings of findings. It includes rigorous,
systematic observations and documentation of biological, chemical, physical, geological, and
archaeological aspects of the ocean in the three dimensions of space and in time.¶ The Panel's
recommendations gave rise to NOAA's Office of Ocean Exploration in 2001 and helped establish
NOAA as the lead agency for a federal ocean exploration program. This leadership continues
within OER. There are two paradigms for exploration:¶ Targeted exploration: The sweeping
goals of an exploration program can be met only if specific ocean regions or problems are
tackled. In partnership with academia and other government agencies, the "holes in the sea,"
are explored: areas ripe for discovery where there has been little exploration to date.
Expeditions based on programmatic and geographic areas of study include (but are not limited
to) marine biodiversity, the Arctic Ocean, the Gulf of Mexico, exploring the ocean through time,
and marine archaeology.¶ Systematic exploration: OER and partners are advancing a new
paradigm for exploration, giving shore-based explorers of all kinds and ages access to the
excitement of real-time discovery on the NOAA Ship Okeanos Explorer and the Exploration
Vessel (E/V) Nautilus. Using high-speed satellite and Internet 2 connections, explorers can
remain on shore at Exploration Command Centers and guide or contribute to exploration plans
and observations, communicating real-time with the shipboard scientists and technicians.
Through standard Internet connections, anyone with a computer and web access can watch and
listen in on operations aboard ship, bringing real-time exploration into living rooms, schools,
laboratories and businesses across the globe.
Oceans
*** Interpretations ***
1NC – Plural
Interpretation: Plural means more than one
Merriam-Webster 14 (http://www.merriam-webster.com/dictionary/plural)
grammar : relating to a form of a word that refers to more than one person or thing¶ : relating
to or made up of more than one kind or group¶ : relating to or made up of more than one person
or thing¶ ¶ Full Definition of PLURAL¶ 1¶ : of, relating to, or constituting a class of grammatical
forms usually used to denote more than one or in some languages more than two¶ 2¶ : relating
to, consisting of, or containing more than one or more than one kind or class <a plural society>
There are 5 independent oceans.
Rosenberg 14 ~ Matt Rosenberg, Master's in Geography from CSU, “Names for Water
Bodies”, http://geography.about.com/od/physicalgeography/a/waterbodies.htm, accessed
7/3/14 //RJ
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.
Violation – the aff increases development in a single ocean – that’s bad – it
increases small squirrely affirmatives that won’t link to broad ocean
exploration or development disads which are the only source of staple
negative ground ecause there’s already no topic da – that destroys clash and
predictability which is a key internal link to decisionmaking and critical
thinking.
Reject reasonability – it’s an unlimiting standard that results in arbitrary
judge intervention.
1NC – Lakes/Rivers
“Oceans” are only the 5 major bodies of water – landlocked and adjacent
lakes and rivers are excluded.
Rosenberg 14 ~ Matt Rosenberg, Master's in Geography from CSU, “Names for Water
Bodies”, http://geography.about.com/od/physicalgeography/a/waterbodies.htm, accessed
7/3/14 //RJ
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.
Violation: The affirmative operates in <insert violation>, which is distinct
from the ocean.
That explodes limits to include affirmatives in <insert analysis>
Reject reasonability – it’s unlimiting and encourages arbitrary judge
intervention.
1NC – Ports/Great Lakes
Ocean exploration is distinct from coastal observations, which includes ports,
bays, estuaries, the Great Lakes, EEZ, and land cover.
COR 01 ~ Committee On Resources, “OCEAN EXPLORATION AND COASTAL AND OCEAN
OBSERVING SYSTEMS”, Science Serial No. 107–26 Resources Serial No. 107–47, Accessed 7/3/14
//RJ
On a summer day, our eyes and ears can sense an approaching thunderstorm. Our senses are
extended by radar and satellites to detect advancing storm systems. Our senses are being
extended yet again to anticipate changing states affecting coasts and oceans, our environment,
and our climate. To truly understand the con- sequences of our actions on the environment and
the environment’s impact on us, data obtained through ocean exploration, coastal
observations, and ocean observa- tions will be critical.
‘‘Coastal observations’’ include observations in the Nation’s ports, bays, estuaries, Great
Lakes, the waters of the EEZ, and adjacent land cover. Some of the properties measured in
coastal zones, such as temperature and currents, are the same as those measured in the larger,
basin-scale ocean observation systems. However, the users and applications of those data can
be quite different. For those properties that are similar, there should be a consistent plan for
deployment in the coastal and open ocean systems so that coastal observations represent a
nested hierarchy of observa- tions collected at higher resolution than those from the open
ocean.
Violation – the affirmative increases development/exploration in coastal
areas, which is distinct from the ocean.
That explodes limits – it allows for affirmatives to expand policies into ports,
bays, lakes, and destroys predictability and clash which are critical for
decisionmaking and critical thinking.
Reject reasonability – it’s an unlimiting standard that forces arbitrary judge
intervention.
2NC OV – Ports/Great Lakes
Our interpretation is that ocean exploration has distinct geographical
locations, which does not include ports, bays, estuaries, Great Lakes, the
EEZ, and adjacent land cover, which fall under the category of “coastal” –
that’s the COR.
That’s best – allowing for ports, bays, and lakes explodes the topic and allows
for affirmatives that dredge ports, expand exploration in any large body of
water. By the way, there are 152 of those, according to LASA University –
I’m not reading them but here’s a list.
LASA 99 ~ “World Bodies of Water Cheatsheet”, http://lasauniversity.tripod.com/water.htm,
accessed 7/3/14 //RJ
Section A: Largest Bodies of Water in the World (Arranged by Country/Continent)¶ Longest Rivers:¶ 1.Nile: Africa 4125mi.¶ 2.Amazon: South America 4080mi.¶ 3. Mississippi-Missouri 3740mi.¶ 4. Chang: China 3722mi. ¶ 5. Yenisei: Russia/China 3650mi.¶ Canada:¶ Longest River: Mackenzie 2635mi.¶ Largest Lake: Great Bear 12,096 sq.mi. Lake Superior
32,526 sq. mi. ¶ Seas: Labrador, Beaufort, ¶ United States:¶ Longest River: Mississippi-Missouri 3740mi¶ Largest Lake: Michigan 22,300, Superior 32,526mi.¶ Seas: Salton ¶ Mexico/Central America:¶ Longest River: Rio Bravo/Grande 1886mi.¶ Largest Lake: Nicaragua 3100 sq mi.¶ Seas: Carribean¶ South America:¶ Longest River: Amazon 4080mi.¶
Largest Lake: Maracibo 5120 sq. mi¶ North Europe:¶ Longest River: Glama, Norway 379 mi.¶ Largest Lake: Vanern, Sweeden 2081 sq. mi.¶ Seas: Baltic, Norwegian,Irish, North¶ East, West, South Europe:¶ Longest River: Danube 1770 mi.¶ Largest Lake: Lake Balaton, Hungary 230 sq. mi.¶ Seas: Black, Azov,Aegean, Ionian, Adriatic,Mediterranean¶
Russia:¶ Longest River: Yenisei 3650, Ob-irtysh 3362 mi.¶ Largest Lake: Caspian Sea 143,241 sq. mi., Aral 14,290 sq.mi.¶ Seas: Okhotsk, East Siberian, Bering, Laptev, Kara, Barents, ¶ SW Asia: ¶ Longest River: Euphrates, Iraq 1700 mi.¶ Largest Lake: Caspian 143,241 sq. mi., Urmia 1815 sq. mi.¶ Seas: Arabian, Red¶ S. Asia:¶ Longest River: Indus, Pakistan
1800 mi.¶ Largest Lake: Manchlar, Pakistan 100 sq. mi¶ Seas: Andaman¶ SE. Asia:¶ Longest River: Mekong 2597 mi.¶ Largest Lake: Tonle Sap 3860 sq. mi.¶ Seas: S. China, Sulu, Celebes, Java, Philippine¶ China: ¶ Longest River: Chang or Yangtze 3722mi.¶ Largest Lake: Dongting, poyang, Quinghai¶ Seas: Yellow, E. China, S. China¶ Japan¶ Longest River:
Shinano 229mi.¶ Largest lake: Biwa 260 sq. mi.¶ Seas: Sea of Japan, East China¶ Africa:¶ Longest River: Nile 4125mi.¶ Largest Lake: Victoria 26,834 sq. mi.¶ Seas: Mediterranean, Red¶ Australia and Oceania¶ Longest River: Murray-Darling 2330 mi.¶ Largest Lake: Eyre 3598 sq. mi.¶ Seas: Timor, Arafura, Coral, Tasman¶ Artic/Antartic¶ Artic/Antartic: No
Rivers¶ Largest Lake: Great Bear Lake 12,096 sq.mi.¶ Artic Seas: Greenland,Beaufort, Chukchi, East Siberian, Laptev, Kara, Barents, Norwegian¶ Antartic Seas: Weddell, Ross¶ Section 1: Major Lakes of the World¶ Athbasca Lake, Canada 3058 sq.mi.¶ Balkhash Lake, Russia 6680 sq.mi.¶ Bayal Lake, Russia 12,162 sq.mi.¶ Chad Lake, Chad 8000 sq.mi. ¶
Ch'lng Hai Lake, China 2300 sq.mi¶ Lake Erie, Canada 9940 sq.mi¶ Eyre Lake, Aust. 3700 sq. mi¶ Gairdner Lake, Aust. 1500 sq. mi¶ Great Bear Lake, Canada 12,000 sq. mi¶ Great Salt Lake, US 1700 sq. mi¶ Great Slave Lake, Canada 11,170 sq. mi¶ Lake Huron, US/Canada 23,010 sq. mi¶ Ladozhskoye Lake, Russia 7104 sq. mi¶ Leopold II Lake, Bel/Congo
1700 sq. mi¶ Manitoba Lake, Canada 1817 sq. mi¶ Lake Michigan, US 22,400 sq. mi¶ Lake Nicaragua, Nicaragua 3060 sq. mi¶ Nyasa Lake, Tan/Mozambiqe 10900 sq. mi¶ Onezhskoye Lake, 3822 sq. mi¶ Lake Ontario, US/Can 7540 sq. mi¶ Rudolf Lake, Kenya/Ethiopia 3500 sq. mi¶ Lake Superior, US/Can 31,820 sq. mi¶ Tanganyika Lake, Tanzania 12355 sq.
mi¶ Lake Titicaca, Bolivia/Peru 3261 sq. mi¶ Torrens Lake, Aust 2400 sq. mi¶ Vanern Lake, Sweden 2150 sq. mi¶ Van Golu Lake, Turkey 1450 sq. mi¶ Victoria Lake, Tanzania 26828 sq. mi¶ Winnipeg Lake, Canada 9094 sq. mi¶ Winnipegosis Lake, Canada 2086 sq. mi¶ Oceans of the World¶ Artic Ocean 5,541,000 sq. mi¶ Atlantic Ocean 31,529,000 sq. mi¶
Indian Ocean 28,357,000 sq. mi¶ Pacific Ocean 63,985,000 sq. mi¶ Major Bays or Gulfs of the World¶ Hudson Bay, Canada 472,000 sq.mi¶ Gulf of Mexico, N. America 700,000 sq. mi¶ Major Seas of the World¶ Aral'skoye Sea, Russia 26525 sq. mi¶ Baltic Sea, Europe 158,000 sq. mi¶ Bering Sea, Pacific Ocean 878,000 sq. mi¶ Black Sea, Euro/Asia 168,500
sq. mi¶ Caribbean Sea, Central America 750,000 sq. mi¶ Caspian Sea, Russia 152,123 sq. mi¶ East China Sea, Pacific Ocean 480,000 sq. mi¶ Japan Sea, Asia 405,000 sq. mi¶ Mediterranean Sea, Europe/No. Africa 1,145,000 sq. mi¶ North Sea, Atlantic Ocean 221,000 sq. mi¶ Okhotsk Sea, Pacific Ocean 582,000 sq. mi¶ Red Sea, Asia/Africa 178,000 sq. mi¶
Yellow Sea, China 480,000 sq. mi¶ Major Rivers of the World¶ Albany River, No. America 610 mi.¶ Aldan River, Asia 1392 mi.¶ Amazon River, So. America 3900 mi.¶ Amu Dar'ya River, Asia 1629 mi.¶ Amur River, Asia 2802 mi.¶ Araguaia River, So. America1630 mi.¶ Arkansas River, No. America 1450 mi.¶ Athbasca River,No. America 765 mi.¶ Back River,
No. America 605 mi.¶ Brahmaputra River, Asia 1800 mi.¶ Branco River, So. America 580 mi.¶ Brazos River, No. America 870 mi.¶ Canadian River, No. America 906 mi.¶ Churchill River, No. America 1000 mi.¶ Colorado River, No. America 1450 mi.¶ Columbia River, No. America 1214 mi.¶ Congo River, Africa 2900 mi.¶ Cumberland River, No. America 687
mi.¶ Danube River, Europe 1770 mi.¶ Darling River, Aust. 1750 mi.¶ Dnepr River, Europe 1420 mi.¶ Dnestr River, Europe 876 mi.¶ Don River, Europe 1224 mi.¶ Donets River, Europe 735 mi.¶ Elbe River, Europe 720 mi.¶ Euphrates River, Asia 1675 mi.¶ Fraser River, No. America 850 mi.¶ Gambia River, Africa 680 mi.¶ Ganges River, Asia 1550 mi.¶ Gila
River, No. America 630 mi.¶ Godavari River, Asia 930 mi.¶ Hsi Chiang River, Asia 1590 mi.¶ Hwang Ho River, Asia 2903 mi.¶ Indus River, Asia 1980 mi.¶ Irrawaddy River, Asia 1425 mi.¶ Japura River, So. America 1400 mi.¶ Kama River, Europe 1261 mi.¶ Kolyma River, 1615 mi.¶ Lena River, Asia 2633 mi.¶ Loire, Europe 625 mi.¶ Mackenzie River, No.
America 2635 mi.¶ Madeira River, So. America 2060 mi.¶ Magdalena River, So. America 950 mi.¶ Maranon River, So. America 1000 mi.¶ Mekong River, Asia 2600 mi.¶ Meuse River, Europe 575 mi.¶ Mississippi River, No. America 2348 mi.¶ Missouri/Red Rock River, No. America 2683 mi.¶ Negro River, So. America 1305 mi.¶ Nelson River, No. America
1600 mi.¶ Neman River, Europe 582 mi.¶ Niger River, Africa 2590 mi.¶ Nile River, Africa 4132 mi.¶ N. Dvina-Sukhona River, Europe 814 mi.¶ Obitsu-Irtysh River, Asia 3461 mi.¶ Oder River, Europe 565 mi.¶ Ohio-Allegheny River, No. America 1306 mi.¶ Oka River, Europe 920 mi.¶ Orange River, Africa 1155 mi.¶ Orinoco River, So. America 1800 mi.¶
Ottawa River, No. America 696 mi.¶ Parana River So. America 2450 mi.¶ Parnaiba River, So. America 850 mi.¶ Peace River, No. America 1195 mi.¶ Pechora River, Europe 1118 mi.¶ Pilcomayo River, So. America 1550 mi.¶ Plata-Paraguay River, So. America 2300 mi.¶ Purus River, So. America 1900 mi.¶ Red River, No. America 1018 mi.¶ Rhein River,
Europe 820 mi.¶ Rhone River, Europe 500 mi.¶ Rio Grande, No. America 1885 mi.¶ Roosevelt River So. America 950 mi.¶ St. Lawrence River, No. America 1900 mi.¶ Salado River, So. America 870 mi.¶ Salween River, Asia 1730 mi.¶ Sao Franciso River, So. America 1800 mi.¶ Saskatchewan River, No. America 1205 mi.¶ Sava River, Europe 585 mi.¶ Senegal
River, Asia 1000 mi.¶ Snake River, No. America 1038 mi.¶ Sung Hua River, Asia 1140 mi.¶ Syr Darya River, Asia 1653 mi.¶ Tajo River, Asia 625 mi.¶ Tennessee River, No. America 862 mi.¶ Tigris River, Asia 1150 mi.¶ Tisza River, Europe 607 mi.¶ Tobol River, Asia 1093 mi.¶ Tocantins River, So. America 1640 mi.¶ Ucayali River, So. America 1220 mi.¶ Ural
River, Europe 1522 mi.¶ Uruguay River, So. America 1025 mi.¶ Yerkhnyaya Tunguska River, Asia 1549 mi.¶ Vilyuy River, Asia 1513 mi.¶ Volga River, Europe 2293 mi.¶ White River, No. America 690 mi.¶ Wisla River, Europe 630 mi.¶ Xingu River, So. America 120 mi.¶ Yagtze Kiang River, Asia 3430 mi.¶ Yellowstone River, No. America 671 mi.¶ Yenisey
River, Asia 2566 mi.¶ Yukon River, No. America 1800 mi.¶ Zambezi River, Africa 1650 mi.
Our interpretation is the only way to create a stable interpretation – ocean
exploration without definitional support explodes the topic to include
unrelated issues and intermingling of bodies of water.
NAS 69 ~ National Academy of Sciences, “In an Ocean Quest - The International Decade of
Ocean Exploration”,
http://www.gpo.gov/fdsys/pkg/CZIC-gc11-o25-1969/html/CZIC-gc11-o25-1969.htm
The term "International Decade of Ocean Exploration' can be interpreted very broadly. Thus the Steering
Committee gave early consideration to the features that could serve to distinguish programs of the Decade from the whole of ocean
science and engineering. A
broad statement of the basic objectives of the Decade was developed, as
follows:¶ To achieve more comprehensive knowledge of ocean characteristics and their changes
and more profound understanding of oceanic processes for the purpose of more effective
utilization of the ocean and its resources.¶ The emphasis on utilization was considered of primary importance. In
contrast to the total spectrum of oceanography and ocean engineering, the principal focus of Decade activities would be on
exploration effort in support of such objectives as (a) increased net yield from ocean resources,
(b) prediction and enhanced control of natural phenomena, and (c) improved quality of the
marine environment. Thus Decade investigations should be identifiably relevant to some aspect of ocean utilization.¶ The
word "exploration" has a number of meanings, extending from broad reconnaissance to detailed
prospecting. Exploration effort of the IDOE should include the scientific and engineering research and development required to
improve the description of the ocean, its boundaries, and its contents, and to understand the processes that have led to the
observed conditions and that may cause further changes in those conditions.¶ Of all the ocean investigations that will contribute in
some way to enhanced utilization, we believe that those involving cooperation among investigators in this country and abroad are
particularly appropriate for the Decade. Decade Programs would often be of long-term and continuing nature, would require the
facilities of several groups, and would be directed toward objectives of widespread, rather than local or special, interest. It is
anticipated that these programs within the United States may be cooperatively implemented both by government agencies (federal
and state) and by private facilities (academic and industrial).¶ As the title suggests, international cooperation will be of particular
importance. Such cooperation has long been a characteristic of oceanog- raphy, for reasons described in the following paragraph
(from "Inter- national Ocean Affairs" published by the Scientific Committee on Oceanic Research in 1967).¶ The
world ocean
covers 71 % of the earth's surface. Most countries have sea coasts and make some use of the
sea, although national jurisdiction extends over only a small fraction of the ocean's area; the
remainder is common property.* The waters of the world ocean and their contents intermingle
without serious restraint. Many oceanic processes are of large scale and are driven by forces of planetary dimension, The
organisms inhabiting the sea are influenced by these processes and forces, and their distribution, abundance and behaviour are
often influenced by events occurring far beyond the territorial limits recognized by rtian.¶ Most international cooperative
investigations have consisted of a set of national programs suitably modified and coordinated to achieve international objectives.
The Decade is envisioned as a period of intensified collaborative planning, development of national capabilities, and execution of
national and international programs. This report gives principal attention to the development of U.S. programs that could contribute
to the Decade. Integration of these programs and those of other countries into a comprehensive international program was not
discussed in detail, but has been left for consideration by appropriate international bodies. It is hoped that this report will be a
useful contribution to those discussions.¶ In the light of the goals and features discussed above, there
appear to be
important aspects of ocean research and development that lie outside the framework of the
Decade. For example, some aspects of theoretical and experimental research, or the development
and application of specific exploitation techniques, may not be appropriate. Some oceanographic research of an academic nature and certain mission-oriented pro- grams of government
and industry will not fit logically into the Decade For example, the National Council on Marine Resources and
Engineer- ing Development has estimated that only about 30 percent of the present U.S. federal marine science budget (as defined
all investigations in the ocean will
contribute to the goals of the Decade, but in order for it to be successful, a definite set of
programs must be determined. The distinguishing features discussed above should help in defining this set.
by the Council) is designated for programs related to ocean exploration. In a sense,
And limits are key to educational and competitive debate – broad topics force
endless hours of research that’s impossible to maintain with a life outside of
debate.
Rowland 84 ~ Robert C., Baylor University, “Topic Selection in Debate”, American Forensics in
Perspective, Ed. Parson
The first major problem identified by the work group as relating to topic selection is the decline
in participation in the National Debate Tournament (NDT) policy debate. As Boman notes: There
is a growing dissatisfaction with academic debate that utilizes a policy proposition. Programs
which are oriented toward debating the national policy debate proposition, so-called “NDT”
programs, are diminishing in scope and size.4 This decline in policy debate is tied, many in the
work group believe, to excessively broad topics. The most obvious characteristic of some recent
policy debate topics is extreme breath. A resolution calling for regulation of land use literally
and figuratively covers a lot of ground. Naitonal debate topics have not always been so broad.
Before the late 1960s the topic often specified a particular policy change.5 The move from
narrow to broad topics has had, according to some, the effect of limiting the number of students
who participate in policy debate. First, the breadth of the topics has all but destroyed novice
debate. Paul Gaske argues that because the stock issues of policy debate are clearly defined, it
is superior to value debate as a means of introducing students to the debate process.6 Despite
this advantage of policy debate, Gaske belives that NDT debate is not the best vehicle for
teaching beginners. The problem is that broad policy topics terrify novice debaters, especially
those who lack high school debate experience. They are unable to cope with the breadth of the
topic and experience “negophobia,”7 the fear of debating negative. As a consequence, the
educational advantages associated with teaching novices through policy debate are lost: “Yet all
of these benefits fly out the window as rookies in their formative stage quickly experience
humiliation at being caugh without evidence or substantive awareness of the issues that
confront them at a tournament.”8 The ultimate result is that fewer novices participate in NDT,
thus lessening the educational value of the activity and limiting the number of debaters or
eventually participate in more advanced divisions of policy debate. In addition to noting the
effect on novices, participants argued that broad topics also discourage experienced debaters
from continued participation in policy debate. Here, the claim is that it takes so much times
and effort to be competitive on a broad topic that students who are concerned with doing
more than just debate are forced out of the activity.9 Gaske notes, that “broad topics
discourage participation because of insufficient time to do requisite research.”10 The final effect
may be that entire programs either cease functioning or shift to value debate as a way to avoid
unreasonable research burdens. Boman supports this point: “It is this expanding necessity of
evidence, and thereby research, which has created a competitive imbalance between
institutions that participate in academic debate.”11 In this view, it is the competitive imbalance
resulting from the use of broad topics that has led some small schools to cancel their programs.
Engaging ocean education at the high school level is crucial to increase
diversity in the ocean scientific fields
Gilligan 6 ~ Dr. Matthew, Savannah State University, Moderator Report on Building an Innovative
Workforce through Diversity, Conference on Ocean Literacy Report, June 7-8, 2006 Washington, DC
Persistent myths. The myth that underrepresented groups aren’t interested
in science
and technology
is accompanied by others, such as high-performing science
students don’t exist in underrepresented groups; they have no science or technology role
models; they’re unable to get through weed-out courses in STEM disciplines; and, in general,
academic excellence and minority access are mutually exclusive.¶ All of these myths were debunked
recently in a May 25, 2006, article in The New York Times describing the NSF-funded Meyerhoff
Scholars Program at the University of Maryland, Baltimore County. The program was cited as a
model illustrating that a vibrant, well- structured science program can produce large
numbers of underrepresented minority students who excel and remain in STEM
fields.¶ Competition from other fields. Mark Loveland, Education Programs Coordinator at the
National Academy of Sciences’ Koshland Science Museum, remarked that surveys demonstrate that
professional careers other than basic science or ocean sciences— such as law, medicine and
business—do a better job recruiting and promoting minorities and women into their careers, and
offer more compelling economic and other tangible benefits. Mr. Loveland asked Dr. Vergun what
might attract a bright, eager, competent minority or female student to pursue a
career in academic research or sciences, especially in the ocean sciences, versus more
lucrative fields. Dr. Vergun responded by saying what makes the difference is someone who
cares and an exciting, engaging experience that opens opportunities in a world
about which students have no idea. Our students rarely hear anything about the
marine sciences until college, and most colleges and universities don’t have marine science
undergraduate degree programs.
1NC – Seas
Oceans are distinct from seas.
Ask.com 14 ~ “What Is the Difference between Sea and Ocean?,”
http://www.ask.com/question/what-is-the-difference-between-sea-and-ocean, Accessed
7/4/14 //RJ
What Is the Difference between Sea and Ocean?¶ Oceans and seas are two different types of
bodies of water. The difference between an ocean and the sea is that seas are typically located
where the land and the ocean meet, and are partially enclosed by land and are relatively
smaller than oceans while oceans are very deep masses of water that separate continents and
are expansive. Oceans do not have plant life on the ocean beds as compared to seas which have
a wide variety of plant life. The world's largest sea is very small in comparison to the smallest
ocean.
Violation – the affirmative expands <development/exploration> in <insert
sea>.
That explodes limits to include another huge chunk of water which expands
an already broad topic, which kills clash and predictability which are key
internal links to decisionmaking and critical thinking.
2NC XT – Violation
Seas are delineated by land masses
Barrans 12 ~ Richard E., Assistant Director of the PG Research Foundation, “Sea vs Oceans”,
http://www.newton.dep.anl.gov/askasci/env99/env131.htm, accessed 7/4/14 //RJ
Sea vs Oceans¶ Name: Carl¶ Status: Other¶ Age: 30s¶ Location: N/A¶ Country: N/A¶ Date: N/A
¶ Question:¶ What, if any, is the difference between the seas and the ocean? ¶ I know that
some seas are enclosed by land masses (i.e. Black Sea) and others aren't (i.e.Tasman Sea). Also
what is the distinction between gulfs and bays? ¶ I've checked encyclopedias and other various
sources but have yet to find a satisfactory answer. Perhaps you could recommend a book. ¶
Thank you for any info you can provide. ¶ Carl ¶ Replies:¶ It's not a rigid definition. Seas are
delineated by land masses, whether or not they are largely enclosed. They should also
communicate with the ocean. The Meditteranean and Black seas qualify here, because saltwater
actually flows IN to both those bodies of water. The Caspian Sea is, strictly speaking, not really a
sea but instead the world's largest lake. Why aren't the Gulf of Mexico, the Gulf of California,
Hudson Bay, and the Bay of Bengal not called seas? No real reason. It's just a matter of names.
If different people had named them, they might have been called seas.
Excludes Above Surface
Oceans do not include anything above.
Knight 13 ~ J.D., “Layers of the Ocean”, http://www.seasky.org/deep-sea/ocean-layers.html,
accessed 7/4/14, RJ
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.
The ocean stops at the surface
McNutt 13 ~ Marcia McNutt, Ocean Exploration 2020 Executive Chair and Editor-In-Chief of
Science, “Ocean Exploration 2020: A National Forum”,
http://oceanexplorer.noaa.gov/oceanexploration2020/oe2020_report.pdf
Participants noted that “ocean exploration” includes everything from the sub-sea floor to the
ocean surface. In all of these geographic areas, participants agreed that a greater emphasis
should be placed on exploring the water column than often has been the case in the past.
*** Includes ***
Includes Gulf of Mexico
Ocean exploration includes exploration in the Gulf of Mexico
NOAA 03 ~ “Exploration,” http://explore.noaa.gov/Exploration/Overview.aspx, Accessed
7/3/14 //RJ
The President's Panel Report on Ocean Exploration defined ocean exploration as discovery
through disciplined, diverse observations and recordings of findings. It includes rigorous,
systematic observations and documentation of biological, chemical, physical, geological, and
archaeological aspects of the ocean in the three dimensions of space and in time.¶ The Panel's
recommendations gave rise to NOAA's Office of Ocean Exploration in 2001 and helped establish
NOAA as the lead agency for a federal ocean exploration program. This leadership continues
within OER. There are two paradigms for exploration:¶ Targeted exploration: The sweeping
goals of an exploration program can be met only if specific ocean regions or problems are
tackled. In partnership with academia and other government agencies, the "holes in the sea,"
are explored: areas ripe for discovery where there has been little exploration to date.
Expeditions based on programmatic and geographic areas of study include (but are not limited
to) marine biodiversity, the Arctic Ocean, the Gulf of Mexico, exploring the ocean through time,
and marine archaeology.¶ Systematic exploration: OER and partners are advancing a new
paradigm for exploration, giving shore-based explorers of all kinds and ages access to the
excitement of real-time discovery on the NOAA Ship Okeanos Explorer and the Exploration
Vessel (E/V) Nautilus. Using high-speed satellite and Internet 2 connections, explorers can
remain on shore at Exploration Command Centers and guide or contribute to exploration plans
and observations, communicating real-time with the shipboard scientists and technicians.
Through standard Internet connections, anyone with a computer and web access can watch and
listen in on operations aboard ship, bringing real-time exploration into living rooms, schools,
laboratories and businesses across the globe.
Includes Seafloor
Ocean exploration includes the sea floor
McNutt 13 ~ Marcia McNutt, Ocean Exploration 2020 Executive Chair and Editor-In-Chief of
Science, “Ocean Exploration 2020: A National Forum”,
http://oceanexplorer.noaa.gov/oceanexploration2020/oe2020_report.pdf
Participants noted that “ocean exploration” includes everything from the sub-sea floor to the
ocean surface. In all of these geographic areas, participants agreed that a greater emphasis
should be placed on exploring the water column than often has been the case in the past.
Includes Singular
Plural nouns do not denote “more than one” – that’s an implicature.
Pearson et al 10 (Hazel, Manizeh Khan, Jesse Snedeker, Harvard University, “Even more
evidence for the emptiness of plurality: An¶ experimental investigation of plural interpretation as
a species of¶ implicature”, http://elanguage.net/journals/salt/article/viewFile/20.489/1342¶ ,
Accessed 7/7/14 //RJ)
There is a well-known puzzle in the theoretical semantics literature concerning the¶ distinction
between singular and plural in natural language.1 Pre-theoretically, the¶ plural morpheme
seems to mean ‘more than one’, yet sometimes we use plural¶ morphology without necessarily
having in mind a set of more than one object.¶ Consider the following: (1) There are no books on
Mary’s desk. (2) If there are books on Mary’s desk, she should lock her door when she leaves. (3)
Are there books on your desk? If there is exactly one book on Mary’s desk, (1) is false. In the
same context, Mary should lock her door according to (2), and the answer to (3) is ‘yes’. Yet (4) is
false in this context.¶ (4) There are books on Mary’s desk In response to the apparent paradox
arising from data like (1-4), a number of¶ researchers have rejected the notion that the
semantics of the plural morpheme incorporates a ‘more than one’ condition (henceforth: a
multiplicity condition).2 They¶ propose instead that this meaning component arises as an
implicature (Sauerland¶ 2003, Sauerland et al. 2005, Spector 2007, Zweig 2009). In this paper,
we report¶ the findings of an experimental investigation of implicature-based theories of plural¶
marking, focusing on the theory proposed in Sauerland’s work.
We control contextual evidence – regional development is still part of the
development of oceans.
GCOC Rio+10 01 (The Global Conference on Oceans and Coasts at Rio+10, December 3-7,
2001, “Ensuring the Sustainable Development of Oceans and Coasts”, accessed 7/9/14 //RJ)
2.6 Encourage the creation of national ocean and coastal councils to formulate national policies
on oceans and coasts and to implement, in a coordinated fashion, clusters of international
agreements on oceans and coasts.¶ 2.7 Regional scales of ocean governance should be recognized and promoted as an essential approach to pursue the sustainable development of
oceans and coasts and to integrate global approaches with local ones.
Its
Interpretations
1NC – Private
“Its” means belonging to it or that thing
Oxford English Dictionary 14 http://www.merriam-webster.com/dictionary/its
Its
A. As adj. poss. pron. Of or belonging to it, or that thing (L. ejus); also refl., Of or belonging to itself,
its own (L. suus).
Violation - Private contractors are distinct from the federal government
Barbier 7 (Carl, US District Judge, TIEN VAN COA, ET AL VERSUS GREGORY WILSON, ET AL CIVIL
ACTION NO: 07-7464 SECTION: J(1) UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT
OF LOUISIANA 2007 U.S. Dist. LEXIS 87653)
However, in their motion to remand, Plaintiffs argue that as an independent contractor, P&J is
not an employee of the federal government, and consequently does not enjoy derivative
immunity and cannot invoke the FTCA. Plaintiffs cite United States v. New Mexico in support of
the notion that private contractors, whether prime or subcontractors, are not government
employees nor are they agents of the federal government. 455 U.S. 720, 102 S. Ct. 1373, 71 L.
Ed. 2d 580 (1982). According to the Court, "[t]he congruence of professional interests between
the contractors and the Federal Government is not complete" because "the contractors
remained distinct entities pursuing private ends, and their actions remained [*4] commercial
activities carried on for profit." Id. at 740; see also Powell v. U.S. Cartridge Co., 339 U.S. 497, 70
S. Ct. 755, 94 L. Ed. 1017 (1950).
That explodes limits and allows for the thousands of private contractors to
become individual plan mechanisms – destroys core generics like agent
counterplans or politics and explodes the neg research burden – that’s a key
internal link to clash which allows for research skills and decisionmaking.
2NC – Private
The word “substantially” means that the government must play the main role.
CFR No Date (Code of Federal Regulations, Subpart 3.1—Safeguards,
http://www.acquisition.gov/far/html/Subpart%203_1.html)
(3) “Participating substantially” means that the official’s involvement is of significance to the
matter. Substantial participation requires more than official responsibility, knowledge,
perfunctory involvement, or involvement on an administrative or peripheral issue. Participation
may be substantial even though it is not determinative of the outcome of a particular matter. A finding of substantiality
should be based not only on the effort devoted to a matter, but on the importance of the
effort. While a series of peripheral involvements may be insubstantial, the single act of
approving or participating in a critical step may be substantial. However, the review of
procurement documents solely to determine compliance with regulatory, administrative, or
budgetary procedures, does not constitute substantial participation in a procurement.
1NC – Multilateral
The USFG is the government in Washington D.C.
Encarta 2k http://encarta.msn.com
“The federal government of the United States is centered in Washington DC”
“Its” means belonging to it or that thing
Oxford English Dictionary 14 http://www.merriam-webster.com/dictionary/its
Its
A. As adj. poss. pron. Of or belonging to it, or that thing (L. ejus); also refl., Of or belonging to itself,
its own (L. suus).
There are 6 categories of development – none of them include cooperation.
Lipp 60 ~ James E., director of development planning of the Lockheed Aircraft, “FRONTIERS IN
OCEANIC RESEARCH HEARINGS”, House Committee on science and astronautics, April 28, 1960
http://archive.org/stream/frontiersinocean00unit/frontiersinocean00unit_djvu.txt //RJ
I should like to subdivide the field of ocean development into half a dozen parts and handle each
very briefly. These are ; naval weapons, underwater transportation and communication, fresh
water conversion, mining or chemical extraction of minerals, food production, and finally
research activities.
Violation – the plan increases the development and exploration of ____ - that
’s not solely the USFG – explodes limits because there are hundreds of
countries we could cooperate with and allows for advantage grounds neg
teams could never prepare for – destroys clash and predictability which is key
to decisionmaking and critical thinking.
Reject reasonability – it’s an unlimiting standard that justifies arbitrary
judge intervention.
2NC – Multilateral
The word “substantially” means that the government must play the main role.
CFR No Date (Code of Federal Regulations, Subpart 3.1—Safeguards,
http://www.acquisition.gov/far/html/Subpart%203_1.html)
(3) “Participating substantially” means that the official’s involvement is of significance to the
matter. Substantial participation requires more than official responsibility, knowledge,
perfunctory involvement, or involvement on an administrative or peripheral issue. Participation
may be substantial even though it is not determinative of the outcome of a particular matter. A finding of substantiality
should be based not only on the effort devoted to a matter, but on the importance of the
effort. While a series of peripheral involvements may be insubstantial, the single act of
approving or participating in a critical step may be substantial. However, the review of
procurement documents solely to determine compliance with regulatory, administrative, or
budgetary procedures, does not constitute substantial participation in a procurement.
Includes Private Sector
That’s normal means
NOAA 10 (“NOAA Ocean and Coastal Mapping Contracting Policy
“, http://longislandsoundstudy.net/wp-content/uploads/2010/02/NOAA-Ocean-and-CoastalMapping-Contracting-Policy-Final.pdf, Accessed 7/6/14 //RJ)
To facilitate the leveraging of government mapping resources, NOAA will continue to make its ¶
coastal geospatial and hydrographic services contracts with private-sector companies available
to ¶ State and local government entities that have a need for the services provided by these
contracts ¶ and can provide adequate funding. ¶ ¶ NOAA may task qualified commercial sources
with ocean and coastal mapping services in any ¶ part of the U.S. Exclusive Economic Zone,
territorial sea, Great Lakes, inland waters and coastal ¶ watersheds for any mission-related
purpose. The government's interests in and responsibilities ¶ for mapping vary broadly and
experience has shown that maintaining flexibility is key to ¶ responding to the nation's changing
needs for geospatial data.
Substantial
1NC – Substantial (Development)
Interpretation: Substantial must be at least 5.3 billion dollars for the research
and development industry.
Sargent 14 (John F., Specialist in Science and Technology Policy, “Federal Research and
Development Funding: FY2015,” file:///Users/ryanjiang/Downloads/nps61-061014-06.pdf,
Accessed 7/6/14 //RJ)
More broadly, in a 2009 speech before members of the National Academy of Sciences, President ¶ Obama
put forth a goal
of increasing the national (public and private) investment in R&D to more ¶ than 3% of the U.S.
gross domestic product (GDP). President Obama did not provide details on ¶ how this goal might be achieved (e.g.,
through increases in direct federal R&D funding or ¶ through indirect mechanisms such as the research and experimentation (R&E)
Achieving the 3% goal would likely require a substantial increase in government
and corporate ¶ R&D spending . When President Obama set forth the goal in 2009, total U.S. R&D expenditures ¶ were
tax credit).4¶ ¶
approximately 2.90% of GDP. In 2012, R&D as a percentage of GDP was 2.89%, with the ¶ federal government contributing 0.86%
(down from 0.91% in 2009) and non-federal sources ¶ contributing 2.02% (up from 1.98% in 2009).5¶ ¶ Analysis of federal R&D
funding is complicated by several factors, such as inconsistency among ¶ agencies in the reporting of R&D and the inclusion of R&D
in accounts with non-R&D activities. ¶ As a result of these and other factors, figures reported by the Office of Management and
Budget ¶ (OMB) and Office of Science and Technology Policy (OSTP), including those shown in Table 1, ¶ may differ somewhat from
the agency budget analyses that appear later in this report. Another ¶ complicating factor in the President’s FY2015 budget request
is the Opportunity, Growth, and ¶ Security Initiative (OGSI), discussed in the next section. ¶ Opportunity, Growth, and Security
Initiative ¶ In addition to the FY2015 base budget request,6¶ President Obama
has proposed an Opportunity, ¶
Growth, and Security Initiative that seeks $56 billion, for various purposes, including $5.3 billion
¶ for R&D . A large fraction of the OGSI R&D funding ($2.4 billion) would go to the NIST to ¶ support the establishment of a
National Network for Manufacturing Innovation to promote the ¶ development of manufacturing technologies with broad
applications (see “National Network for ¶ Manufacturing Innovation” for more details). Among
other R&D agencies that
would receive ¶ funding under the OGSI proposal are: Department of Defense (DOD), National Institutes of ¶
Health (NIH), National Aeronautics and Space Administration (NASA), NSF, Department of ¶ Agriculture (USDA), Department of
Transportation (DOT), National Oceanic and Atmospheric ¶ Administration (NOAA), and the Department of the Interior (DOI).
There are few details on how ¶ agency OGSI funding would be allocated between R&D and non-R&D activities.
Violation: The affirmative isn’t substantial – that explodes limits and allows
for small squirrely affirmatives that mitigates links to core topic generics
which are uniquely important because of the massive topic this year. That
destroys predictability and debatability which are key internals to
decisionmaking and critical thinking.
Reject reasonability – it’s an unlimiting standard that forces arbitrary judge
intervention.
Substantial = 1,600 Million
Substantial increase in NOAA policy is 1,678 million.
NOAA 12 (National Oceanic and Atmospheric Administration, “FY2013 Budget Summary,”
http://www.corporateservices.noaa.gov/nbo/fy13_budget_highlights/introduction.pdf ,
Accessed 7/6/14 //RJ)
One of the greatest challenges facing NOAA today is ensuring continuity¶ of satellite operations to provide unbroken coverage of
weather forecasts¶ and climate measurements into the future. The GOES-R satellite acquisition program has been a successful
partnership effort between NOAA and NASA to replace and update the existing GOES series of satellites. The first satellite in this
program, GOES-R, is expected to launch in 2015. The new satellites in this series will carry improved environmental instrument
suites providing more timely and accurate weather forecasts and improved observation of meteorological events that directly affect
public safety, protection of property, and ultimately, economic health and development. Thanks
to the support of
Congress, NOAA’s satellite programs received $1,678 million in FY 2012, a substantial increase
over FY 2011, which will allow NOAA to make significant progress in the satellite development
program. In order to have new satel- lites ready when needed, the request includes $802 million for the GOESR program, as well as an investment ($9.4M) for the processing and distribution of NPP data.
$916.4 million is requested for the Joint Polar Satellite System. $30 million is also requested to
continue progress on Jason-3.
Substantial = 6400$
A substantial development is worth atleast $6400
Washington Department of Ecology 13 Department of Ecology, State of Washington
2013¶ What is "substantial development?"
http://www.ecy.wa.gov/programs/sea/sma/st_guide/administration/substantial_development.
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 in this
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 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 – Generic Backfile
1NC – Substantial
Substantial is at least 50%
UNEP 2 (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.
Violation: The affirmative isn’t substantial – that explodes limits and allows
for small squirrely affirmatives that mitigates links to core topic generics
which are uniquely important because of the massive topic this year. That
destroys predictability and debatability which are key internals to
decisionmaking and critical thinking.
A2: Arbitrary
‘Substantially’ isn’t precise --- but still must be given meaning. The most
objective way to define it contextually.
Devinsky 2 (Paul, “Is Claim "Substantially" Definite? Ask Person of Skill in the Art”, IP Update,
5(11), November,
http://www.mwe.com/index.cfm/fuseaction/publications.nldetail/object_id/c2c73bdb-9b1a42bf-a2b7-075812dc0e2d.cfm)
In reversing a summary judgment of invalidity, the U.S. Court of Appeals for the Federal Circuit found that the
district court, by failing to look beyond the intrinsic claim construction evidence to consider what a person of skill in the
erroneously concluded the term "substantially" made a
claim fatally indefinite. Verve, LLC v. Crane Cams, Inc., Case No. 01-1417 (Fed. Cir. November 14, 2002). The patent in
art would understand in a "technologic context,"
suit related to an improved push rod for an internal combustion engine. The patent claims a hollow push rod whose overall
diameter is larger at the middle than at the ends and has "substantially constant wall thickness" throughout the rod and
rounded seats at the tips. The district court found that the expression "substantially constant wall thickness" was not
supported in the specification and prosecution history by a sufficiently clear definition of "substantially" and was, therefore,
indefinite. The district court recognized that the use of the term "substantially" may be definite in some cases but ruled that
in this case it was indefinite because it was not further defined. The Federal Circuit reversed, concluding that the district
court erred in requiring that the meaning of the term "substantially" in a particular "technologic context" be found solely in
intrinsic evidence: "While reference to intrinsic evidence is primary in interpreting claims, the criterion is the meaning of
words as they would be understood by persons in the field of the invention." Thus, the Federal Circuit instructed that
"resolution of any ambiguity arising from the claims and specification may be aided by extrinsic evidence of
usage and meaning of a term in the context of the invention." The Federal Circuit remanded the case to the district court
with instruction that "[t]he question is not whether the word 'substantially' has a fixed meaning as applied to
'constant wall thickness,' but how the phrase would be understood by persons experienced in this field of
mechanics, upon reading the patent documents."
“Substantially” needs to be given a quantitative meaning --- any other
interpretation is more arbitrary
Webster’s 3 (Merriam Webster’s Dictionary, www.m-w.com)
Main Entry: sub.stan.tial
b : considerable in quantity : significantly great <earned a substantial wage>
Make the best determination available. Substantially must be given meaning
Words and Phrases 60 (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 4 – 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)
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.
Contextual definitions of “substantial” solve arbitrariness
Tarlow 00 – Nationally prominent criminal defense lawyer practicing in Los Angeles, CA. He is a
frequent author and lecturer on criminal law. He was formerly a prosecutor in the United States
Attorney's Office and is a member of The Champion Advisory Board (Barry, The Champion
January/February, lexis)
In Victor, the trial court instructed that: "A reasonable doubt is an actual and substantial doubt . . . as distinguished from a
doubt arising from mere [*64] possibility, from bare imagination, or from fanciful conjecture." Victor argued on appeal after
receiving the death penalty that equating a reasonable doubt with a "substantial doubt" overstated the degree of doubt necessary
for acquittal. Although
the court agreed that the instruction was problematic given that
"substantial," could be defined as "that specified to a large degree," it also ruled that any
ambiguity was removed by reading the phrase in the context of the sentence in which it
appeared. Finding such an explicit distinction between a substantial doubt and a fanciful conjecture was not present in
the Cage instruction, it held that the context makes clear that "substantial" was used in the sense of existence rather than in
magnitude of the doubt and, therefore, it was not unconstitutional as applied. Id. at 1250.
Even if a substantial increase isn’t precise --- you should still exclude their Aff for being tiny.
Even judges can make a gut check.
Hartmann 7 – Judge, Hong Kong (IN THE HIGH COURT OF THE HONG KONG SPECIAL
ADMINISTRATIVE REGION COURT OF FIRST INSTANCE, 8/20,
http://legalref.judiciary.gov.hk/lrs/common/ju/ju_frame.jsp?DIS=58463&currpage=T
The word ‘substantial’ is not a technical term nor is it a word that lends itself to a precise
measurement. In an earlier judgment on this issue, that of S. v. S. [2006] 3 HKLRD 251, I said that it is not a word —
“… that lends itself to precise definition or from which precise deductions can be drawn. To say, for example, that ‘there has
been a substantial increase in expenditure’ does not of itself allow for a calculation in numerative
terms of the exact increase. It is a statement to the effect that it is certainly more than a little but
less than great. It defines, however, a significant increase, one that is weighty or sizeable.”
Substantially = 2%
“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.
Substantially = 10%
Less than 10% is insubstantial
Mickels 8 (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 = 33%
“Substantially” means 33 percent
Maples 7 (Larry, “Pitfalls in Preserving Net Operating Losses”, The CPA Journal, 3-1, Lexis)
If a new loss corporation has substantial nonbusiness assets, the value of the old loss corporation must be reduced by the amount of
the nonbusiness assets less liabilities attributable to those assets. "Substantial" is defined as one-third of total assets.
This is a difficult provision to interpret. IRC section 382(1)(4) provides that a value reduction in the old loss corporation is required if,
just after an ownership change, the new loss corporation has substantial nonbusiness assets. This language seems odd because the
purpose of IRC section 382 is to prevent loss trafficking, so it would seem that the asset test ought to apply to the old loss
corporation.
Substantially = 40%
“Substantially” means 40% --- strict quantification avoids vagueness
Schwartz 4 (Arthur, Lawyer – Schwartz + Goldberg, 2002 U.S. Briefs 1609, Lexis)
In the opinion below, the Tenth Circuit suggested that a percentage figure would be
a way to avoid
vagueness issues . (Pet. App., at 13-14) Indeed, one of the Amici supporting the City in this case, the American Planning
Association, produced a publication that actually makes a recommendation of a percentage figure that
should be adopted by municipalities in establishing zoning [*37] regulations for adult businesses. n8 The APA's well
researched report recommended that the terms "substantial" and "significant" be quantified at 40
percent for floor space or inventory of a business in the definition of adult business. n9 (Resp. Br. App., at 15-16)
Substantially = 50%
Less than 50% is insubstantial
Brown 94 (Mark R., Professor of Law – Stetson University College of Law, “The Demise of
Constitutional Prospectivity: New Life for Owen?”, Iowa Law Review, January, 79 Iowa L. Rev.
273, Lexis)
n241 I am assuming here that "foreseeable" means "probable," as in "more probable than not." This appears to be a safe
assumption given the proliferance of cases granting immunity to officials who offend the Constitution. If this definition is correct,
deterrence only works and liability should only attach if one's conduct, viewed ex ante, is more likely illegal than legal: the risk of
illegality must be more than fifty percent. In other words, one cannot face deterrence, and liability will not attach, if the risk of
illegality is less than fifty percent.
(When viewed in this fashion, one might perceive a risk of illegality but still
not be deterrable because the risk is not substantial, i.e., not greater than fifty percent.). Lawful conduct, of
course, need not be probably lawful. That is what risk is about. Situations might arise where the objective risk is that conduct is
unlawful, but ex post it is lawful. Lest judicial reasoning be completely askew, a fairly strong correlation exists, however, between
action that is ex ante probably lawful and that which is lawful ex post in the courts. If this is not true, then courts are reaching
objectively improbable conclusions, and the whole idea of reliance is illusory.
Legal experts agree
Davignon v. Clemmey 1 (Davignon v. Clemmey, 176 F. Supp. 2d 77, Lexis)
The court begins the lodestar calculation by looking at the contemporaneous billing records for each person who worked on the
plaintiff's case. The absence of detailed contemporaneous time records, except in extraordinary circumstances, will
call for a substantial reduction in any award or, in egregious cases, disallowance. What is a "substantial
reduction"? Fifty percent is a favorite among judges.
Substantially = 90%
“Substantially” means at least 90%
Words & Phrases 5 (40B, p. 329)
N.H. 1949. -The word "substantially" as used in provision of Unemployment Compensation Act that experience rating of an
employer may transferred to' an employing unit which acquires the organization, -trade, or business, or "substantially" all of the
assets thereof, is 'an elastic term which does not include a definite, fixed amount of percentage, and the
transfer does not have to be 100 per cent but cannot be less than 90 per cent in the ordinary situation.
R.L c. 218, § 6, subd. F, as added by Laws 1945, c. 138, § 16.-Auclair Transp. v. Riley, 69 A.2d 861, 96 N.H. l.-Tax347.1.
Substantially = Context Key
“Substantially” is a relative term --- context key
Words and Phrases 64 (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 2 (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
Context is key --- "substantially" has no exact meaning
Words and Phrases 2 (Volume 40A, p. 483)
The word “substantial” is susceptible to different meanings according to the circumstances, and is variously
defined as actual, essential, material, fundamental, although no rule of thumb can be laid down fixing its exact
meaning
"Substantially" should be defined on a case-by-case basis
Edlin 2 (Aaron, Professor of Economics and Law – University of California Berkeley School of
Law, January, 111 Yale L.J. 941)
Might price reductions of less than twenty percent qualify as substantial? In some markets they should,
and it would be reasonable to decide substantiality on a case-by-case basis . One advantage of a bright-line rule
is that it would let incumbents know where they stand. Monopolies that price only slightly above their average cost would be
insulated from the entry of higher-cost entrants if they could credibly convey a willingness to price below the entrants' cost after
entry, as illustrated in Part III. However, these monopolies do consumers little harm and may enhance market efficiency.
Substantially = Impact
“Substantially” must be given meaning
Words and Phrases 60 (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.
Substantially = Considerable
"Substantial" means of real worth or considerable value --- this is the
USUAL and CUSTOMARY meaning of the term
Words and Phrases 2 (Volume 40A, p. 458)
The word “substantial” within Civil Rights Act providing that a place is a public accommodation
if a “substantial” portion of food which is served has moved in commerce must be construed in light of its
usual and customary meaning , that is, something of real worth and importance; of considerable
value; valuable, something worthwhile as distinguished from something without value or merely nominal
D.S.C. 1966.
“Substantial” means considerable or to a large degree --- this common
meaning is preferable because the word is not a term of art
Arkush 2 (David, JD Candidate – Harvard University, “Preserving "Catalyst" Attorneys' Fees
Under the Freedom of Information Act in the Wake of Buckhannon Board and Care Home v.
West Virginia Department of Health and Human Resources”, Harvard Civil Rights-Civil Liberties
Law Review, Winter,
37 Harv. C.R.-C.L. L. Rev. 131)
Plaintiffs should argue that the term "substantially prevail" is not a term of art because if considered a term of art, resort to Black's
7th produces a definition of "prevail" that could be interpreted adversely to plaintiffs. 99 It is commonly accepted that words that
are not legal terms of art should be accorded their ordinary, not their legal, meaning , 100 and ordinary-usage
dictionaries provide FOIA fee claimants with helpful arguments. The Supreme Court has already found favorable,
temporally relevant definitions of the word "substantially" in ordinary dictionaries: "Substantially" suggests
"considerable" or "specified to a large degree." See Webster's Third New International Dictionary 2280 (1976) (defining
"substantially" as "in a substantial manner" and "substantial" as "considerable in amount, value, or worth" and "being that specified
to a large degree or in the main"); see also 17 Oxford English Dictionary 66-67 (2d ed. 1989) ("substantial": "relating to or proceeding
from the essence of a thing; essential"; "of ample or considerable amount, quantity or dimensions"). 101
Substantial means “of considerable amount” – not some contrived percentage
Prost 4 (Judge – United States Court of Appeals for the Federal Circuit, “Committee For Fairly
Traded Venezuelan Cement v. United States”, 6-18,
http://www.ll.georgetown.edu/federal/judicial/fed/opinions/04opinions/04-1016.html)
The URAA and the SAA neither amend nor refine the language of § 1677(4)(C). In fact, they merely suggest, without disqualifying
other alternatives, a “clearly higher/substantial proportion” approach. Indeed, the SAA specifically mentions that no “precise
mathematical formula” or “‘benchmark’ proportion” is to be used for a dumping concentration analysis. SAA at 860 (citations
omitted); see also Venez. Cement, 279 F. Supp. 2d at 1329-30. Furthermore, as the Court of International Trade noted, the SAA
emphasizes that the Commission retains the discretion to determine concentration of imports on a “case-by-case basis.” SAA at
860. Finally, the definition of the word “substantial” undercuts the CFTVC’s argument. The word “substantial”
generally means “considerable in amount, value or worth.” Webster’s Third New International Dictionary 2280
(1993). It does not imply a specific number or cut-off. What may be substantial in one situation may
not be in another situation. The very breadth of the term “substantial” undercuts the CFTVC’s argument that Congress spoke
clearly in establishing a standard for the Commission’s regional antidumping and countervailing duty analyses. It therefore supports
the conclusion that the Commission is owed deference in its interpretation of “substantial proportion.” The Commission clearly
embarked on its analysis having been given considerable leeway to interpret a particularly broad term.
Substantially = Considerable
"Substantial" means considerable in amount or value
Words and Phrases 2 (Volume 40A) p. 453
N.D.Ala. 1957. The word “substantial” means considerable in amount, value, or the like, large, as a substantial gain
“Substantial” means having worth or value
Ballentine's 95 (Legal Dictionary and Thesaurus, p. 644)
having worth or value
Substantially = Real
"Substantial" means actually existing, real, or belonging to substance
Words and Phrases 2 (Volume 40A) p. 460
Ala. 1909. “Substantial”
means “belonging to substance; actually existing; real; *** not seeming or
imaginary; not elusive; real; solid; true; veritable
"Substantial" means having substance or considerable
Ballentine's 95 (Legal Dictionary and Thesaurus, p. 644)
having substance; considerable
Substantially = In the Main
"Substantial" means in the main
Words and Phrases 2 (Volume 40A, p. 469)
Ill.App.2 Dist. 1923 “Substantial” means in substance, in the main, essential, including material or essential parts
Substantially = Without Material Qualification
Substantially is without material qualification
Black’s Law 91 (Dictionary, p. 1024)
Substantially - means essentially; without material qualification.
Substantially = Durable
“Substantial” means durable
Ballantine’s 94 (Thesaurus for Legal Research and Writing, p. 173)
substantial [sub . stan . shel] adj. abundant, consequential, durable, extraordinary, heavyweight, plentiful (“a substantial
supply”); actual, concrete, existent, physical, righteous, sensible, tangible (“substantial problem”); affluent, comfortable, easy,
opulent, prosperous, solvent.
Substantially = Mandate
“Substantial” requires a certain mandate
Words and Phrases 64 (40W&P 759)
The words" outward, open, actual, visible, substantial, and exclusive," in connection with a change of possession, mean
substantially the same thing. They mean not concealed; not hidden; exposed to view; free from concealment, dissimulation,
reserve, or disguise; in full existence; denoting that which not merely can be, but is opposed to potential,
apparent, constructive, and imaginary; veritable; genuine; certain: absolute: real at present time , as a matter of fact,
not merely nominal; opposed to form; actually existing; true; not including, admitting, or pertaining to any others; undivided; sole;
opposed to inclusive.
Substantially = Not Covert
“Substantially” means not covert
Words & Phrases 64 (40 W&P 759)
The words “outward, open, actual, visible, substantial, and exclusive,” in connection with a change of possession, mean
substantially the same thing. They mean not concealed; not hidden; exposed to view; free from
concealment , dissimulation, reserve, or disguise; in full existence; denoting that which not merely can be, but is opposed to
potential, apparent, constructive, and imaginary; veritable; genuine; certain; absolute; real at present time, as a matter of fact, not
merely nominal; opposed to form; actually existing; true; not including admitting, or pertaining to any others; undivided; sole;
opposed to inclusive.
Increase
Increase – Generic Backfile
1NC - Increase Requires Pre-Existence
“Increase” means to make greater and requires pre-existence
Buckley 6 (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
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 “addefinition offered by the Ninth Circuit compels the opposite conclusion.
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).
Violation: The aff makes a new policy - that explodes limits because any actor
or plan mechanism becomes topical – that destroys predictability grounded in
the lit which is important for good generic negative ground.
2NC XT – Increase Requires Pre-Existence
“Increase” requires pre-existence
Brown 3 – 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 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.
2NC Impact – Statutory Canons
Accurate application of statutory canons is the biggest impact --- it’s the only
way to determine the purpose and intent of writing
Sentell 91 (R. Perry Jr., Talmadge Professor of Law – University of Georgia and LLM – Harvard
University, “The Canons of Construction in Georgia: "Anachronisms" in Action”, Georgia Law
Review, Winter, 25 Ga. L. Rev. 365, Lexis)
CONCLUSION
Because the consideration of written communication is the cornerstone of the judicial process, the technique involved in that
consideration has intrigued the ages. That technique, judicial
interpretation, [*434] attempts a highly delicate balance. On
the legendary imprecision of language. On the other hand, it seeks to
glean from that language the elusive signals of purpose, meaning and intent. A "science" so
inexact incessantly craves a semblance of constants -- conventions assisting to impose order upon
understanding.
the one hand, it acknowledges
Roman law, and subsequently the English common-law system, sought to appease this insatiable desire by offering up the canons of
construction. The
canons, fundamental maxims of compositional meaning, have proved both vulnerable and
venerable. Their existence has provided an irresistible historic target for a labyrinth of denigrating commentary. Yet the
courts, the construers themselves, have claimed the canons as their own, affording them a determinative role in
judicial decisionmaking which transverses the spectrum of litigation. Accordingly, the critics are left with little
choice but to concede the canons' existence and shaping influence, while pleading for caution in their invocation.
From the canonical mass, the most popular and powerful maxims of meaning are perhaps the three here selected for treatment:
Noscitur a sociis, Ejusdem generis and Expressio unius est exclusio alterius. Although different, the three precepts are also similar -they counsel an analysis of associating what is present with what is to be determined. The
writer, they presume, meant
something by what he expressed; that expression, or at least a portion of it, they insist, offers the best
hope for resolving the ambiguity at hand. As they occasionally broaden, frequently constrict and sometimes exclude, the
maxims operate to propel the interpreter toward an intent, meaning or purpose that will decide the controversy.
Increase = Make Greater
“Increase” means to become larger or greater in quantity
Encarta 6 – Encarta Online Dictionary. 2006. ("Increase"
http://encarta.msn.com/encnet/features/dictionary/DictionaryResults.aspx?refid=1861620741)
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 8 – Cambridge Dictionary, 8 (“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
Webster’s 9 – Merriam Webster, 9 (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 = Net Increase
“Increase” means a net increase
Rogers 5 (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, 6/24, Lexis)
[**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 high-pressure 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.
“Increase” means net increase
Words and Phrases 8 (v. 20a, p. 264-265)
Cal.App.2 Dist. 1991. Term “increase,” as used in statute giving the Energy Commission modification jurisdiction over any
alteration, replacement, or improvement of equipment that results in “increase” of 50 megawatts or more in electric generating
capacity of existing thermal power plant, refers to “net increase” in power plant’s total generating capacity;
in deciding whether there has been the requisite 50-megawatt increase as a result of new units being incorporated into a plant,
Energy Commission cannot ignore decreases in capacity caused by retirement or deactivation of
other units at plant. West’s Ann.Cal.Pub.Res.Code § 25123.
“Increase” requires evidence of the preexisting condition to determine a net
increase
Ripple 87 (Circuit Judge, Emmlee K. Cameron, Plaintiff-Appellant, v. Frances Slocum Bank &
Trust Company, State Automobile Insurance Association, and Glassley Agency of Whitley,
Indiana, Defendants-Appellees, 824 F.2d 570; 1987 U.S. App. LEXIS 9816, 9/24, lexis)
Also related to the waiver issue is appellees' defense relying on a provision of the insurance policy that suspends coverage where the
risk is increased by any means within the knowledge or control of the insured. However, the
term "increase" connotes
change. To show change, appellees would have been required to present evidence of the
condition of the building at the time the policy was issued. See 5 J. Appleman & J. Appleman, Insurance Law
and Practice, § 2941 at 4-5 (1970). Because no such evidence was presented, this court cannot determine,
on this record, whether the risk has, in fact, been increased. Indeed, the answer to this question may depend on
Mr. Glassley's knowledge of the condition of the building at the time the policy was issued, see 17 J. Appleman & J. Appleman,
Insurance Law and Practice, § 9602 at 515-16 (1981), since the fundamental issue is whether the appellees contemplated insuring
the risk which incurred the loss.
Increase = Progressive Growth
“Increase” means progressive growth
Philips 2 – UNITED STATES BANKRUPTCY JUDGE (Louis, IN RE LAWRENCE D. GOLDBERG,
DEBTOR; DWAYNE M. MURRAY, TRUSTEE, PLAINTIFF VERSUS MAE M. STACY TRUST AND F.
EUGENE RICHARDSON, DEFENDANTS, 5/1, lexis) (emphasis in the original)
In determining the plain meaning of the phrase "increases the obligor's insolvency," the Court initially notes that this phrase makes
no reference whatsoever [**50] to a "reasonably equivalent value" test 26 or even to the "fair consideration" test of the Section 3
of the UFCA. 27 Instead, Article 2036 of the Civil Code merely uses the word "increases," and the absence of "reasonably equivalent
value" language or "fair consideration" language rings loudly in the Court's judicial ear. Accordingly, the
Court will focus on
the plain meaning of the term "increases." Taking note from one of the dictionaries of choice of
the United States Supreme Court, 28 the Court finds that the definition of the word "increase" in Webster's
Ninth New Collegiate Dictionary reads as follows:
[*270] To become progressively greater (as in size, amount, number, or intensity). . . . to make greater: AUGMENT. .
. . INCREASE, ENLARGE, AUGMENT, MULTIPLY mean to make or become greater. INCREASE used intransitively implies progressive
growth in size, amount, intensity; used transitively it may imply simple not necessarily progressive addition. . .
the act or
process of increasing : as . . . addition or enlargement in size, extent, quantity.
Webster's Ninth New Collegiate Dictionary 611 (1990) (emphasis added).
As Webster's Dictionary states, the word "increase" means a progressive growth, that is, an incremental [**52]
growth. Such progressive and incremental growth implies that when Article 2036 was drafted, the codifiers used the simple and
easily-understood word "increase" because they meant to imply a "dollar-for-dollar" increase in the obligor's insolvency, rather than
a "reasonably equivalent value" increase. Otherwise, the codifiers would not have chosen to use the word "increase" with no
obvious limitation on its meaning. Moreover, since Article 2036 was crafted in 1984, well after the UFCA, which was enacted in 1918,
the drafters of Article 2036 must have been well aware of the "fair consideration" requirement in Section 3 of the UFCA, and chose
not to adopt such a limitation. Therefore, the Court may reasonably conclude that HN19Go to this Headnote in the case.the plain
meaning of "increases the obligor's insolvency" means a "dollar-for-dollar," incremental growth, rather than insolvency as measured
by a "reasonably equivalent value" standard.
As of this stopping place, the Court has performed its task under the Louisiana Civil Code: to ferret out the plain meaning of Article
2036 of the Louisiana Civil Code from the words of the article, itself, if possible. However, the Court will resort to other modes of
statutory construction [**53] in support of its "plain meaning" analysis, primarily to assure ourselves that the apparently groundless
arguments of the defendants really are so.. Positing for argument purposes only (of course) that the phrase "increases the obligor's
insolvency" is susceptible of more than one meaning (i.e., a "reasonably equivalent value" meaning), analysis of the purpose of the
Louisiana revocatory action and of its legislative history is now offered.
Increase = Quantitative
Increase means to become bigger or larger in quantity
Encarta 7 – Encarta World English Dictionary, 7 (“Increase”, 2007,
http://encarta.msn.com/encnet/features/dictionary/DictionaryResults.aspx?refid=1861620741)
Increase
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