Case Solvency



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Topicality



Its 1NC



A – Interpretation:

Grammatically, this refers solely to U.S. policy


Manderino 73 (Justice – Supreme Court of Pennsylvania, “Sigal, Appellant, v. Manufacturers Light and Heat Co”., No. 26, Jan. T., 1972, Supreme Court of Pennsylvania, 450 Pa. 228; 299 A.2d 646; 1973 Pa. LEXIS 600; 44 Oil & Gas Rep. 214, Lexis)

On its face, the written instrument granting easement rights in this case is ambiguous. The same sentence which refers to the right to lay a 14 inch pipeline (singular) has a later reference to "said lines" (plural). The use of the plural "lines" makes no sense because the only previous reference has been to a "line" (singular). The writing is additionally ambiguous because other key words which are "also may change the size of its pipes" are dangling in that the possessive pronoun "its" before the word "pipes" does not have any subject preceding, to which the possessive pronoun refers. The dangling phrase is the beginning of a sentence, the first word of which does not begin with a capital letter as is customary in normal English [***10]  usage. Immediately preceding the "sentence" which does not begin with a capital letter, there appears a dangling  [*236]  semicolon which makes no sense at the beginning of a sentence and can hardly relate to the preceding sentence which is already properly punctuated by a closing period. The above deviations from accepted grammatical usage make difficult, if not impossible, a clear understanding of the words used or the intention of the parties. This is particularly true concerning the meaning of a disputed phrase in the instrument which states that the grantee is to pay damages from ". . . the relaying, maintaining and operating said pipeline. . . ." The instrument is ambiguous as to what the words ". . . relaying . . . said pipeline . . ." were intended to mean.


B – Violation



The plan does not demand direct USFG exploration of the Earth’s oceans. It merely provides a framework for private companies to do so.



C – Standards

That’s a voter for fairness and education –

Limits – there an infinite private actors including companies, research institutions, and foundations – impossible for the neg to predict and research them all

Ground – Key generic arguments rely on USFG direct exploration, not exploration by another agent, which changes links to core DAs and CPs



Legal Framework 1NC

“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)Definitionmake or become larger or greater: to become, or make something become, larger in number, quantity, or degree
noun  (plural in·creas·es)

“Ocean development” is utilization of ocean resources, spaces, and energy


JIN 98Japan Institute of Navigation, “Ocean Engineering Research Committee”, http://members.j-navigation.org/e-committee/Ocean.htm

2. Aim of Ocean Engineering Committee

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.

Violation---the plan doesn’t develop ocean resources, use space or energy – Just creates a set of laws


Voting issue---

Ground---resource-focus provides a stable and predictable direction for the topic and creates a balanced set of arguments for each side---depth of literature on energy resources, fishing, conservation, etc. is strong and creates high-quality debates



Limits---other interpretations make all ocean activity topical – at best the aff is effectually topical – framework is a prerequisite to development


Owen 3 – (Daniel Owen, Consultant to the UN Food and Agriculture Organization, “Legal And Institutional Aspects Of Management Arrangements For Shared Stocks With Reference To Small Pelagics In Northwest Africa”, FAO Fisheries Circular No. 988, http://www.fao.org/docrep/006/y4698b/y4698b04.htm)

.2 The legal regime for management of shared stocksFor a stock shared between two or more neighbouring coastal States and not ranging onto the high seas, the regime of Art 63(1) LOSC is appropriate. It states that:Where the same stock or stocks of associated species occur within the exclusive economic zones of two or more coastal States, these States shall seek, either directly or through appropriate subregional or regional organizations, to agree upon the measures necessary to coordinate and ensure the conservation and development of such stocks without prejudice to the other provisions of this Part.



Regarding the term “development”, Nandan, Rosenne and Grandy[4] state that:

The reference to “development”... relates to the development of those stocks as fishery resources. This includes increased exploitation of little-used stocks, as well as improvements in the management of heavily-fished stocks for more effective exploitation. Combined with the requirement in article 61 of not endangering a given stock by overexploitation, this envisages a long-term strategy of maintaining the stock as a viable resource.


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