Science,sovereignty, and the third law of the Sea Conference

Abstract

The international law of marine scientific research is currently in flux. Efforts are under way at the Third Law of the Sea Conference to produce a treaty that, among other things, would make the law of research more uniform and certain. Sortie areas of disagreement certainly still exist in the Conference negotiations. Nonetheless, the negotiations have produced proposed treaty provisions concerning the law of research that have met with substantial approval. At this point, it does not appear likely that the Conference will produce major alterations in the main body of these provisions. These proposed treaty provisions indicate the future direction the law of research will take. Even if a workable treaty does not result from the negotiations, these provisions will undoubtedly inform customary international law. This article examines both the areas of agreement and the areas of disagreement at the Third Law of the Sea Conference in an effort to understand the probable future legal regime under which marine scientific research will be conducted.     

Transfer of seabed mining technology: A stumbling block to U.S. ratification of the law of the sea convention?

Abstract

The Law of the Sea Convention's provisionson the transfer of seabed technology are designed to translate into specific terms the general notions (adopted in the U. N.’s Declaration of Principles of 1970) that the resources of the seabed are the “common heritage”; of humankind and that the developing nations are to gain special benefits from the exploitation of these resources. Some developed nations—in particular, the United States—have argued that these provisions are unfair, because they deprive the multinational enterprises of the developed world of the competitive advantage they have gained from their substantial investment in research and development and their innovative capabilities.

The transfer of technology is not a new concept. It is a mechanism that has been used systematically by many developing countries to ensure that foreign investments will produce a lasting infrastructure for continued national development. Multinational enterprises have learned to accommodate national needs in this area, and technology‐transfer requirements for land‐based investments have not deterred investments in the developing world.

The technology‐transfer provisions in the Law of the Sea Convention are ambiguous in certain respects, but the Preparatory Conference should provide ample opportunity to clarify these ambiguities and thus to accommodate the needs of both the investors and the developing nations. If this issue is examined from a common‐sense perspective, it should not continue to be a stumbling block that would prevent the United States from ratifying this important Convention.     

The EEC and the law of the sea: How close to one voice?

Abstract

The Member States of the European Economic Community (EEC) constituted one of the most important negotiating groups at the Third United Nations Conference on the Law of the Sea (UNCLOS III). The EEC is competent to deal with several matters that were included in the Draft Treaty on the Law of the Sea. When such matters were considered at the Conference, the President of the EEC Council, rather than the Commission, spoke on behalf of the group. Coordination meetings were held at expert level and by the heads of delegations. Agreement was reached on the principal issues before the Conference such as the Economic Zone, the Area, protection of the marine environment, and scientific research. The group was less successful in having its views accepted by the Conference, largely because the member's views were those of the highly industrialized states and emphasized navigational rights. The EEC participation clause was almost as important as substantive issues for the group, because it enabled the Community to become a party to the Treaty. EEC competences are contrasted with single state competences, and some of the possible consequences of less than total ratification of the Treaty by EEC Members are considered.     

The basic structure of the disputes settlement part of the law of the sea convention

Abstract

The Draft Convention on the Law of the Sea contains an elaborate and unique system for the settlement of disputes concerning the world ocean that is both flexible and firm. The evolution and development of this disputes settlement system began later than the work done in Committees I, II, and HI, of the Conference and was largely due to the initiative and leadership of Hamilton Shirley Amerasinghe, President of UNCLOS III. The major features of the emerging disputes settlement system are: a general and comprehensive system including adjudicatory procedures; a multiplicity of forums for disputes settlement with concurrent attempts at maintaining some uniformity in the jurisprudence of the law of the sea; adoption of a flexible system which permits states the choice of mode or venue for settlement; abandonment of the original idea of a separate and special “Sea‐Bed Tribunal”; the decision of the Conference to make disputes settlement an integral part of the Convention; the emergence of the compulsory resort to conciliation for disputes in the EEZ; and the designation of categories of disputes which may be submitted only to the Sea‐Bed Disputes Chamber.     

The third United Nations conference on the law of the sea and non‐independent states

Abstract

The Third United Nations Conference on the Law of the Sea is addressing problems that involve all of mankind. Yet there are parts of mankind, non‐independent states and special sovereignties, that are not directly represented at the conference, even though their interests will be directly affected by the decisions taken.

There currently arc around 75 non‐independent states and special sovereignties at different stages of political development and with varying forms of association to a metropolitan power. This can create problems of conflicting jurisdiction over ocean space in two areas particularily: the South Pacific and the Caribbean.

The Conference has attempted”; to deal with the problem of the Law of the Sea and non‐independent states in three ways: by granting observer status to national liberation movements and associated states; through the Transitional Provision; and through the Definitional and Final Clauses. However, a universal formula that would guarantee to these states the resource rights recognized in the proposed Treaty has yet to emerge.     

Implications of the UNCLOS Marine Scientific Research Regime for the Current Negotiations on Access and Benefit Sharing of Marine Genetic Resources in Areas Beyond National Jurisdiction

Abstract

Access to marine genetic resources (MGRs) in areas beyond national jurisdiction (ABNJ) and the sharing of benefits arising out of the utilization of these resources are among the most contentious at the UN Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction. This article examines the applicability of the marine scientific research (MSR) regime of the UN Convention on the Law of the Sea (UNCLOS) to the access and benefit-sharing issues. It concludes that the MSR regime of UNCLOS provides the legal basis for setting up nonmonetary-benefit sharing obligations, including the dissemination of information, data, and research results concerning MGRs at the UN negotiations on marine biodiversity in the ABNJ.     

Why the 2008 Sino-Japanese Consensus on the East China Sea Has Stalled: Good Faith and Reciprocity Considerations in Interim Measures Pending a Maritime Boundary Delimitation

This article examines the 2008 Sino-Japanese Consensus on the East China Sea in the context of the seemingly vague obligations in the Law of the Sea Convention regarding overlapping claims for states to “make every effort to enter into provisional arrangements of a practical nature.” The conclusion reached is that, while the claims of the two states in the East China Sea are based in good faith, there is a lack of reciprocity in the Consensus that helps explain it's fragile nature.     

Ocean mineral revenue sharing

Abstract

This article considers the importance of ocean mineral revenue sharing, from both the oil and gas of the continental margin and the manganese nodules of the deep seabed, at the United Nations Law of the Sea Conference. First the paper examines margin revenue sharing as proposed in Article 82, Informal Composite Negotiating Text. It estimates the amount of oil and gas in offshore areas, the potential value of these resources to the coastal state, the potential revenue to be shared with an international authority, and when these resources will be exploited. The paper concludes that revenue sharing from the margin will yield little if any revenue to an international authority. The article then discusses deep seabed revenue sharing. It estimates several possibilities, including nodule production by the mid‐1980s; the value of operations to the exploiting state(s)—particularly the United States; revenues to be shared with an international authority; the impact of nodule mining on land‐based producers of seabed minerals; and the uses of revenue sharing funds by an international authority. The paper concludes that revenue sharing will not exert much influence on negotiations at the United Nations Law of the Sea Conference.     

A Note on the M/V “Louisa” Case

In the M/V “Louisa” case of 28 May 2013, the International Tribunal for the Law of the Sea held that it had no jurisdiction, even though it had established prima facie jurisdiction at the provisional measures stage. The M/V “Louisa” case thus gives rise to questions regarding the relationship between prima facie jurisdiction and jurisdiction on the merits. Moreover, the M/V “Louisa” Judgment also sheds some light on the applicability of the doctrine of abuse of rights provided in Article 300 of the UN Convention on the Law of the Sea.     

Antarctica and the law of the sea: An introductory overview

Abstract

This article examines the potential for conflict between the Antarctic Treaty regime and the Convention recently produced by the Third United Nations Conference on the Law of the Sea. Should the UNCLOS III Convention enter into force, at least six issue‐areas seem susceptible to future controversy in Antarctic waters, namely (1) seaward territorial limits; (2) resource management and conservation; (3) local environment protection; (4) marine scientific research; (5) deep seabed mining; and (6) archipelagic‐island regimes. Accordingly, each issue‐area is assessed as to its relevance for the Southern Ocean vis‐a‐vis the Antarctic Treaty parties, with a particular view towards signaling possible problems which involve conflict of interest and overlapping jurisdiction.     

The legal regime governing seafloor polymetallic sulfide deposits

Abstract

Beginning in 1977, oceanographers discovered seafloor vents spewing hot water into the surrounding water and sustaining exotic communities of marine life. They determined that the hydrothermal vent systems also produced deposits containing minerals of economic and strategic interest, thus sparking the interest of legislators and diplomats seeking the successful conclusion of the United Nations Conference on the Law of the Sea. This article examines the legal and regulatory regime which may govern development of these deposits off United States coastal waters, then turns to a discussion of how negotiators at the Law of the Sea Conference sought to incorporate the new sulfide discoveries into their efforts at international lawmaking.     

Management of the ocean's living resources: An essay review

Abstract

The Third United Nations Conference on the Law of the Sea (UNCLOS III) focused primarily on the peaceful uses of ocean space. Although security issues were and are involved in many peaceful uses of ocean space, they were not explicitly addressed at UNCLOS III nor covered in the U.N. Convention on the Law of Sea. Since security issues are among the major neglected issues of ocean space, it is the purpose of this article to open the discussion of the legal and political aspects of these issues as relating to the law of the sea.     

Universalizing the Law of the Sea in the South China Sea Dispute

This article argues that a resolution of the maritime disputes in the South China Sea must be based upon a universalist framework where the maritime interests of the world are upheld. The article discusses the universalist framework of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the universalist approach taken by the Tribunal on 12 July 2016 in the South China Sea Arbitration regarding the extinguishment of a state's “exceptionalist” maritime claims and the adoption of strict criteria for the characterization of features at sea.     

Marine scientific research and the new law of the sea

U.S. policy is to encourage freedom of marine scientific research (MSR). This article compares the legal regimes governing the conduct of MSR under the 1958 Geneva Conventions on the Law of the Sea and the 1982 UN Convention on the’ Law of the Sea, which is approaching universal acceptance, and distinguishes MSR from survey activities. It argues that, notwithstanding the erosion of the physical areas of the ocean in which there is freedom of MSR under the Law of the Sea Convention, it provides mechanisms for states’ parties to obtain compliance by coastal states with their duties to grant consent, in normal circumstances, for MSR projects in the exclusive economic zone (EEZ) or on the continental shelf, and to establish rules and procedures ensuring that such consent will not be delayed or denied unreasonably. It also suggests establishment of a national marine scientific research program analogous to the U.S. Freedom of Navigation Program.     

Deep‐sea mining between convention and national legislation

Abstract

A Draft Convention, informal rather than formal, emerged in September 1980, from the Ninth Session of the Third UN Conference on the Law of the Sea. At about the same time the Federal Republic of Germany and the United States passed interim legislation to create a legal framework for deep‐sea mining activities. If seabed mining is to be undertaken, a legal framework or “Rechtsordnung”; must be established which secures the right of access to the resources under commercially viable conditions during the operational time‐span of an industry, namely twenty to thirty years. At issue is the long‐term problem of securing strategic raw materials rather than the realization of short‐term profit. The American decision in March 1981, immediately prior to the Tenth Session, to review the Draft Treaty, has served to focus attention on the system of access, the decision‐making processes of the International Seabed Authority, the transfer of technology and the payment of fees, and the capability of the Enterprise as a seabed miner.     

Honey and diabetes mellitus: Obstacles and challenges – Road to be repaired

Background and objectiveSince ancient times, honey has been used due to its nutritional and therapeutic value. The role of honey has been acknowledged in the scientific literature however, its use has been controversially discussed and has not been well accepted in modern medicine especially for diabetic patients. This study aimed to investigate the role of honey in diabetic patients.MethodsIn this study, we identified 107 research articles from data based search engines including “PubMed”, “ISI-Web of Science”, “Embase” and “Google Scholar”. The research papers were selected by using the primary key-terms including “Honey”, “Honey bee” and “Diabetes Mellitus”. The research documents in which “Honey” and “Diabetes Mellitus” were debated are included. After screening, we reviewed 66 papers and finally we selected 35 studies which met the inclusion criteria and the remaining documents were excluded.ResultsThis study investigated the preclinical, clinical, human and animal model studies on honey and diabetes mellitus and found that honey decreases the fasting serum glucose, increases the sting C-peptide and 2-h postprandial C-peptide. Although, there is a dearth of data and literature also contrary discussed the use of honey in diabetic patients.ConclusionHoney decreases the fasting serum glucose, increases fasting C-peptide and 2-h postprandial C-peptide. Honey had low glycemic index and peak incremental index in diabetic patients. The use of honey in diabetic patients still has obstacles and challenges and needs more large sample sized, multi-center clinical controlled studies to reach better conclusions.     

Troubles under the water: Sino‐japanese conflict of sovereignty on the continental shelf in the East China sea

Abstract

The discovery and production of offshore hydrocarbon resources are significant for both China (PRC) and Japan in meeting energy requirements for higher economic development. Because the claims of both countries to the continental shelf in the East China Sea overlap, there is a maritime conflict which hinders cooperation in the Asian region. The paper briefly describes the geographical characteristics of the East China Sea. It then dwells on the development of the legal criteria for delimiting continental shelf boundaries by examining major cases of international adjudication and both the 1958 Geneva Convention on the Continental Shelf and the 1982 Convention on the Law of the Sea. After presenting both countries’ positions the author attempts to review and analyze certain options which can be employed in resolving the sovereignty conflict.     

Effective Protection of the Marine Environment and Equitable Benefit Sharing in the Area: Empty Promises or Feasible Goals?

abstract

The international legal framework with regard to “the Area,” comprising the deep seabed and the subsoil beyond the boundaries of national jurisdiction, has been modified significantly through the years. It was first established by part XI of the United Nations Convention on the Law of the Sea, but the 1994 Implementation Agreement introduced several changes. These general rules and principles are further developed in the “Mining Code,” referring to the comprehensive set of regulations and procedures issued by the International Seabed Authority. The Authority has already produced rules for the first phases of mining activities (prospecting and exploration) in the Area, but has yet to adopt exploitation regulations. Nevertheless, the most recent draft of the exploitation regulations provides a good indication of the current state of play. This article analyzes the current draft of the exploitation regulations, which will shape the future deep seabed mining regime, in order to evaluate whether the relevant provisions are sufficient and effective to attain two prominent goals with regard to the Area: the protection of the marine environment and the equitable sharing of financial and economic benefits. The Law of the Sea Convention indeed states that the resources of the deep seabed are considered common heritage of mankind and prioritizes these objectives. Therefore, the exploitation regulations should strike an appropriate balance between commercial exploitation, environmental protection, and the interests of developing countries. The strengths and weaknesses of this document and the overarching international legal framework are identified and possible corrections are suggested.     

Actividad de la micafungina contra las biopelículas de Candida

BackgroundMost recalcitrant infections are associated to colonization and microbial biofilm development. These biofilms are difficult to eliminate by the immune response mechanisms and the current antimicrobial therapy.AimTo describe the antifungal of micafungin against fungal biofilms based in the scientific and medical literature of recent years.MethodsWe have done a bibliographic retrieval using the scientific terms “micafungin”, “activity”, “biofilm”, “Candida”, “Aspergillus”, “fungi”, “mycos”*, susceptibility, in PubMed/Medline from the National Library of Medicine from 2006 to 2009.ResultsMost current antifungal agents (amphotericin B and fluconazole) and the new azole antifungals have no activity against fungal biofilms. However, micafungin and the rest of echinocandins are very active against Candida albicans, Candida dubliniensis, Candida glabrata, and Candida krusei biofilms but their activities are variable and less strong against Candida tropicalis and Candida parapsilosis biofilms. Moreover, they have not activities against the biofilms of Cryptococcus y Trichosporon.ConclusionsThe activity of micafungin against Candida biofilms gives more strength to its therapeutic indication for candidaemia and invasive candidiasis associated to catheter, prosthesis and other biomedical devices.