Whose Seas / Chris E. Bennett and Matthew A. J. Brown

Chris E. Bennett | Matthew A.J. Brown

Mapping: Chris Bennett and Matthew Brown SPRING 2014 - Harvard Graduate School of Design - DES 9132 The Oceanic Turn Copyright: Scanned texts and source references compiled in this booklet are intended for single-use academic purpose only, according to the Harvard University Fair Use Guidelines & Course Reader Copyright Guidelines.

No part of this booklet may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way for commercial purposes. All files are copyright to their respective authors and/or publishers. All other content is Š2013-14 Harvard Graduate School of Design, The President & Fellows of Harvard College. Maps and sections drawn by Chris Bennett and Matthew Brown.

Sea to Air The world is dependent upon the ocean. The way in which we live is derived from the many resources that the sea has to offer - food, energy, transportation, and oxygen production. It has only been since the mid 20th century that the world transitioned from the Grotius “Freedom of the Seas,” where everyone had equal rights to one of territory and control. As countries went to War, the quest for power brought forward the necessity for a regulatory framework for the worlds seas.

The 1982 United Nations Convention on the Law of the Sea and the Exclusive Economic Zone (EEZ) extend nations economical control to 200 nautical miles. This extension of state control of the seabed, water and surface, is as Leland Thormahlen argues in the text ‘Boundary Development of the Outer Continental Shelf,’ historically dependent upon a system of past models that were derived from land use models. Additionally, states have disputed over further control of Outer Centennial Shelf’s, which extend control into international waters, also known as the High Seas. These models rely heavily on state jurisdiction through a planimetric understanding.

In The Patrick Geddes ‘Valley Section’ of 1909 and John McHale’s ‘Man’s Increasing Vertical Mobility,’ a new framework of how to understand sectional relationships is formed. The ocean through section reveals the critical relationship between sea and air.

Since the 1950’s, the international law of the sea has changed, raising questions as to who controls maritime airspace and what new authorities regulate foreign aircraft in the airspace beyond the territorial sea. By developing a new representational optic to view these dynamic relationships, one can begin to see a new technique to position the multiplicity of forces that effect the conditions that surround the EEZ and Outer Continental Shelf. This project begins to explore these representation techniques and optics positioning a new view of the EEZ and Outer Centennial Shelf that privileges the relationship of the sectional characteristics that link all of these regulatory spatial conditions. With this new optic, new questions are raised such as, ‘What new models and cartographic representations can be developed to understand a new relationship of the EEZ, OCS, and international airspace?’ Is airspace control ocean control? If so, then whose seas are they?

Contents

1

The Coast

3

Ocean as Grid | The BOEM 9

Spatializing the EEZ 13 UNCLOS 15

World EEZ Map 19

Ocean Rights in Section 21

Continental Shelf as Zone of Production 27

The Valley Section 31

Annihilating the Void 35 The Pacific 37 Control?

39

High Seas and EEZ’s

US Airspace Ocean of Control (Projection) 41 43 Increasing Verticality 51

On the Edge of Conflict 65

Airspace is Control 67

Modelling and Representation 73 References

Our environmental health and indeed our survival — our systems of food production, energy, transportation, temperature regulation, oxygen production, carbon sequestration and more —are dependent upon earth’s waters. -Sylvia Earle Although the coast is portrayed as a static line dividing land and sea, the processes of urbanization and thus regulation extend far beyond.

“The World is Blue: How Our Fate and the Oceans Are One” Sylvia A. Earle, 1999

1

Image: Transocean

'The orderly development of lands has historically been dependent upon a system of surveys, supplemented in recent times with some type of grid system by which the lands could be located, identified, and legally described. Offshore lands are no exception’

“Boundary Development on the Outer Continental Shelf” US Department of the Interior Minerals Management Service, 1999

3

The US Federal Government (through BOEM) and coastal state governments have adopted various forms of rectangular grid systems on the basis of which offshore lands can be subdivided into readily identifiable and locatable units referred to as Offshore Continental Shelf blocks.’

“Boundary Development on the Outer Continental Shelf” US Department of the Interior Minerals Management Service, 1999

BOEM Pacific Coast Index Bureau of Ocean Energy Management, 2014

5

UNCLOS I United Nations Convention on the Law of the Seas 1956

UNCLOS II United Nations Convention on the Law of the Seas

UNCLO

United Nations

SLA Submerged Lands Act 1953 -grants 3 nmi rights to states

OCSLA Outer Shelf Lands Act Late 1953 -Federal responsibility over submerged lands of the OCS -Defines BOEM jurisdiction and responsibility

NEPA

National Environment -requires detailed envir

CAA

Clean Air Act of 1970 -regulates emissions of

CZMA

Coastal Zone Ma -CZMA requires s

MMPA

Marine Mammals -protection and c

ESA

Endangered S -requires a per

CW

Cle -th

1940

45

1950

55

BOEM Governing Statutes Bennett | Brown

1960

65

1970

75

1960

OS III

s Convention on the Law of the Seas 1967/73

UNCLOS XI Agreement signed in 1994

US EEZ

US Exclusive Economic Zone 1983 -Reagan Presidential Proclamation Extends up to 200 nmi

OPA 90 Oil Pollution Act of 1990 -Secretary of the Interior has authority over offshore facilities and pipelines (excluding deep-water ports).

-Now delegated to BOEM

tal Policy Act of 1970 ronmental review before any major federal action

0 f air pollutants from industrial activity

anagement Act of 1972 state review of Federal action affecting land and water in coastal zones

s Protection Act of 1972 conservation of all marine mammals and habitats

Species Act of 1973 rmit for the taking of any protected species

WA

ean Water Act of 1977 hrough National Pollutant Discharge and Elimination System permits, regulates discharge into surface waters

FOGRAMA Federal Oil and Gas Royalty Management Act of 1982 -requires that oil and gas facilities be built in a way protecting environmental Federal resources

EPA Energy Policy Act of 2005 -grants BOEM lead management authority for marine renewable energy projects

1980

85

1990

95

2000

05

2010

15

BOEM Governing Statues Timeline Modified from Bureau of Ocean Energy Management, 2014

7

200

EEZ Contiguous Zone Territorial Sea State

OCS

24

12

3

nmi

Visualizing Article 55-58 The “Exclusive Economic Zone”

9

OCS Blocks and Ocean Zoning (Coast of California) Bureau of Ocean Energy Management, 2014

11

United Nations Convention on the Law of the Seas In the exclusive economic zone, the coastal State has: sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters adjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds.

The exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.

Article 55-58 The United Nations. “Exclusive Economic Zone”, 1982

13

World EEZ Maritime Claims and Marine Scientific Research Jurisdiction, 1992

15

The EEZ is critical to protecting a nation states rights to their continental shelf. The continental shelf contains the majority of the Oceans rich resources, such as oil, gas, dredge, fish, and high winds. This extension of the land below the surface of the ocean brings into question the understanding of the EEZ through section.

Continental Shelf as Production: Wind, Dredge, Oil and Fish Image: Wind: Dailyfusion | Dredge: Mediad | Oil: Gvpedia | Fish: NOAA

17

Understanding Ocean Rights 350 nmi

200 nmi

LEGAL CONTINENTAL MARGIN

L

HIGH SEAS Art.86

100 Nautical Miles Art.76.5

2500m Iso Art.76.5

Foot of Slope

Continental Rise

Art.76.4 (b)

Abyssal Plain Gardiner Line

60 Nautical Miles Art.76.4 (a) (ii)

Art. 76.7 Art. 76.4 (a)(i) OCEANIC CRUST (Basaltic)

24 nmi

LEGAL CONTINENTAL SHELF

12 nmi

0 nmi

TERRITORIAL SEA

Art.76.5

EXCLUSIVE ECONOMIC ZONE

Art. 3 | Art. 4

Art.57

CONTIGUOUS ZONE

Art. 33

Terrestrial Shore Line Art. 5 | Art. 7

Shelf Edge

obath

Continental Slope

Geological Continental Shelf

Geological Continental Shelf Margin

Legal Continental Margin Art.76.4

CONTINENTAL CRUST (Granitic)

Maritime Limits: Regulating the EEZ Adapted from UNCLOS and Kapoor 1986

19

The Continental Shelf: A Zone of Production

Shipping

Recreational Use

Precipitation

THE WATER CYCLE

Evapotranspiration

Mining Offshore OIl

Offshore Energy

Fisheries

Dredging

Precipitation

The Continental Shelf: A Productive Zone

21

30% of all the oil and 20% of the natural gas produced in the U.S. comes from offshore drilling. Mainly being derived from the North American continental shelf.

The Continental Shelf National Geographic, 2013

Image: Mark Phillips

23

Image: Aleutians

Continental shelf zones comprise only 7.6% of the surface area of the world oceans, but provide 15-30% of the oceanic primary production.

An examination of the ‘continental shelf pump’ Fashman, 2001

25

Valley Section Patrick Geddes, 1909

The Region-City. Geddes’s theory through the concept of the valley section comes to an understanding of the global through the local and in turn inspires a vision of the universal’ Catherine Ward Thompson

“Geddes, Zoos and The Valley Section,” Catherine Ward Thompson, 2004

27

Understanding the Ocean Gap A Global Geddes Section 29

Far too often is the Pacific Ocean is considered a void, rendered unproductive and unknown.

The truth is the Ocean is vital to the natural processes of the planet, and to our being. It is a resource that provides the world with food, energy, and the main means of connection for global trade.

“The Social Construction of the Ocean�

Philip E. Steinberg, 2001

Image: Tom Ewart

31

0

250

STATUTE MILES 0 250 500 KILOMETERS

500 750

750 1000

1000 MILLER CYLINDRICAL PROJECTION

Shipping Lanes Submarine Cables Ports

Urbanization of the Ocean Shipping, Cables, and Ports

33

The Pacific Ocean is the world’s largest geographic feature covering 60.1 million square miles and connecting the coasts of over 50 countries.

“Pacific Ocean Synthesis” Center for Ocean Solutions, 2009

35

0m

EEZ

-6500m 0km

High Seas

With an area of 60.1 million square miles, and a distance of 8,458 miles, the question is not only who regulates the Pacific, but becomes

who controls it?

12,500km

The Pacific Ocean in Section

37

High Seas and EEZ’s 64% vs 36%

High Seas

EEZ’s

High Seas and EEZ’s

39

Magadan Oceanic FIR Edmonton FIR

Mys Schmidta FIR

Anadyr FIR

Petropavlovsk Kamchatsky FIR

Vancouver FIR

W

US Air Control

Fukuoka FIR Manilla FIR

Mazatlan FIR Nasuru FIR Tahiti FIR

Ujamaa Pandang FIR

Port Morseby FIR NADI FIR

Auckland Oceanic FIR

Gander Domestic FIR

Winnepeg FIR

Montreal FIR Gander FIR Santa Maria Oceanic FIR

Toronto FIR

Mexico FIR Piarco FIR

n Oceanic Curacao FIR Port-Au-Prince FIR Santa Dominge FIR Habana FIR

A New Projection “US Airspace Ocean of Control”

41

In the 1960’s John McHale collaborated with Buckminster Fuller to create a set of superscalar surveys. As part of the set, McHale produced ‘Man’s Increasing Vertical Mobility,’ which diagramed the sectional relationships between surfaces below the earth as well as into the atmosphere. Proving the importance three dimensional space.

“Man’s Increasing Vertical Mobility” John McHale, c.1960

43

Image: Typhoon 2108 DailyMail

In 2007 a Canadian fighter jets intercepted a Russian military aircraft near Canadian national airspace off the cost of Newfoundland. Situations such as this are not singular but multiple, with many happening each year across the globe. These situations bring in into question

‘Who controls air space?’ ‘How is it defended?’

“Air Defense Identification Zones Outside Sovereign Airspace” Peter A Dutton, 2009

45

Controlled airspace is a generic term that covers the different classifications of airspace and defined dimensions within which air traffic control (ATC) service is provided in accordance with the airspace classification. Controlled airspace consists of: Class A | Class B | Class C | Class D | Class E

“Pilots Handbook of Aeronautical Knowledge” Federal Aviation Administration, 2012

47

Image: US NAVY Grumman & Radecki

49

The Arctic Magadan Oceanic FIR Edmonton FIR

Mys Schmidta FIR

Anadyr FIR

Petropavlovsk Kamchatsky FIR

Vancouver FIR

W

US Air Control

East China Sea Fukuoka FIR Manilla FIR

Mazatlan FIR Nasuru FIR Tahiti FIR

Ujamaa Pandang FIR

Port Morseby FIR NADI FIR

South China Sea Auckland Oceanic FIR

On the Edge of Conflict

Gander Domestic FIR

Winnepeg FIR

Montreal FIR Gander FIR Santa Maria Oceanic FIR

Toronto FIR

Mexico FIR Piarco FIR

n Oceanic Curacao FIR Port-Au-Prince FIR Santa Dominge FIR Habana FIR

For military purposes, freedom of over flight in the airspace above the EEZ remains fundamentally unchanged by international treaty law developments in the second half of the twentieth century — Peter Dutton

“Air Defense Identification Zones Outside Sovereign Airspace” Peter A Dutton, 2009

51

Control of the world’s greatest resource is not without contestation. It is evident through evaluating the edge of US controlled Airspace this is a zone prone to

conflict as adjacent

countries continue to extend land claims.

53

The Guardian Branigan and Kaiman Nov 28, 2013

55

Vice President Joe Biden’s response to China’s Air Defense Identification Zone (ADIZ)

"I was absolutely clear on behalf of my president: We do not recognize the zone. It will have no effect on American operations.

None. Zero.� - Joe Biden Reuters Dec 6, 2013

57

CNN Reporting Source: Ministry of National Defense, 2013

59

Image: thechinawatch.com

Gateway House Heydarian, May 2, 2014

61

The conflicts arising from the discovery of oil in the arctic are only beginning. Countries continue to attempt to extend their EEZ’s without questioning air control.

World News Xinhua, 2014

Map: wired.com

63

Currently the EEZ and High Sea zones are regulated without control.

The US not only has the greatest amount of naval power, but it controls the atmosphere above the majority of the worlds Ocean.

Airspace is control. Control is power.

65

Representation

Airspace Control Boundaries “US Airspace Ocean of Control”

Extruding the Volume “US Airspace Ocean of Control”

67

Axo “US Airspace Ocean of Control”

69

3D-Print “US Airspace Ocean of Control”

71

References Borgerson, Scott, and Stewart, Patrick. “The Global Oceans Regime.” Council on Foreign Relations. 2013. Web 23 Feb. 2014 Branigan, T. and Kaiman, J. “China sends warplanes into disputed airspace over East China Sea.” The Gaurdian. Web accessed. Nov 28, 2013 Bureau of Ocean Energy Management. “Maps and GIS Data” BOEM Website. 2014. Web. 23 Feb. 2014.

Bureau of Ocean Energy Management. “Map Gallery. Oil & Gas Platforms Mapping Data.” 2013. Web March 20. 2014 Caldwell, Meg. “Pacific Ocean Synthesis” Center for Ocean Solutions. 2009 Dutton , Peter A. “Air Defense Identification Zones Outside Sovereign Airspace.” The American Journal of International Law. Vol. 103 2009.

Earle, Sylvia A. “The World is Blue: How Our Fate and the Oceans Are One” National Geographic Society. Washington, DC. 2009.

Fashman, Yool A. “An examination of the ‘continental shelf pump’ in an open ocean general circulation model.” Global Biogeochemical Cycles 15(4):831-844. 2001.

Federal Aviation Administration. “Procedures for Handling Airspace Matter.”

US Department of Transportation. 2012 GeoCommons. “Oil/Rigs Platforms in OCS Region of Gulf of Mexico.” Data from OSM and Satellite Earth. Website. Feb 27. 2014.

Haeydarian, R. “South China SEa: escalating tensions.” Gateway House.

Web. May 2, 2014.

Mansfied, Becky. “Neoliberalism in the oceans: “Rationalization,” property rights, and the common questions.” in Geoform 35 2004. 313-326.

McHale, John. “Man’s Increasing Vertical mobility.” c.1960. Web 2014 National Geographic. “Continental Shelf.” National Geographic Website 2014. April 12, 2014.

National Oceanic and Atmospheric Administration. “The United States is a Ocean Nation.” NOAA Website 2014. Feb 23 2014.

Reuters. “US Pledges to side with Japan in Conflict with China.” Web. Dec 03. 2013.

Smith Hance, D. “The industrialization of the world ocean,” in Ocean & Coastal Management 2000. 22-28.

Steinberg, Philip E. “The Social Construction of the Ocean.” Cambridge: Cambridge University Press. 2001.

The United Nations Convention on the Law of the Seas “A Historical Perspective.” United Nations. 1998. Web 23 Feb. 2014 The United Nations. “Exclusive Economic Zone.” Article 55-58. 1982. Web 2014.

Thompson, Catharine Ward. “Geddes, Zoos and The Valley Section.” Landscape Review 10, Page 115-119. 2004. Web 2014.

Thormahlen , Leland F. “Boundary Development on the Outer Continental Shelf.” Mapping and Boundary Branch : United Stated Department of the Interior Minerals Management Service.’ 1999. Web 2014.

Transocean. “US Gulf of Mexico Fleet.” Transocean Website 2014. Web. 23 Feb. 2014 US Department of State. “Defining the Limits of the US Continental Shelf.”

US DOS Website. Feb 23 2014.

US Government. “Outer Continental Shelf Lands Act 1953.” United States House of Representatives Website 2014 WOCE Atlas Volume 2 “Pacific Ocean: Section Plots” Website. March 20.

2014.

Xinhua. “Russian bombers patrol Arctic airspace.” World News. Website.

March 14, 2014.

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