The new law of the sea and the pacific basin

Abstract

The UN Convention on the Law of the Sea is indispensable for the well‐being of the states, especially the new island states, of the Pacific Basin. Since the Treaty will be signed at Caracas in December 1982, it is important to anticipate its impact in the Pacific Region area. The article examines the need for a new ocean law to replace the old law of the Geneva Conventions. It argues that exploitation of manganese nodules in the “Area”; will be legal only under the rules of Part XI of the Convention and that the principles of the Common Heritage of Mankind are now part of customary law. Finally, the seaward expansion of Pacific states authorized in the new treaty both necessitates, and provides an opportunity for, coordinated planning for the management of ocean resources and usages.     

The U.N. convention on the law of the sea and military interests in the indian ocean

Abstract

The U.N. Law of the Sea Convention, ambiguous on military uses of the ocean space, weakens the legal basis for the maritime powers to pursue freely their military objectives in the oceans. Repudiation of the Convention by the United States will accelerate the creeping jurisdiction of the littoral states. The Convention enhances the security of the littoral states of the Indian Ocean, all of whom have only limited blue‐water capabilities and have sought to contain the military intrusions of the superpowers into the Indian Ocean.     

The law of the sea and the U.S. exclusive economic zone: Perspectives on marine transportation and fisheries

Abstract

It has been argued that the issuance of the U.S. Exclusive Economic Zone (EEZ) Proclamation could lead to difficulties in the management of our coastal resources. This paper will examine the consequences of a U.S. EEZ for fisheries and marine transportation. For each sector consideration will be given to the inconsistencies which exist between the United Nations Convention on the Law of the Sea, the U.S. Proclamation, and existing U.S. legislation. The problems and opportunities presented by these inconsistencies are discussed. The authors conclude that, while some modifications of U.S. policy may be required, wide‐ranging changes are neither likely nor needed.     

Young,Online and in the Dark: Scaling Up HIV Testing among MSM in ASEAN

BackgroundPoor HIV testing uptake by MSM may be attributable to unique challenges that are localized in Southeast Asia.ObjectiveTo characterize MSM who never tested for HIV, to identify correlates of never testing, and to elucidate the perceived barriers to HIV testing.MethodsThe present study used data from the Asian Internet MSM Sex Survey (AIMSS) and restricted the analysis to 4,310 MSM from the ten member countries of the Association of South East Asian Nations (ASEAN).ResultsAmong MSM participants from ASEAN in our sample, 1290 (29.9%) reported having never been tested for HIV, 471 (10.9%) tested for HIV more than 2 years ago, and 2186 (50.7%) reported their last test date was between 6 months and two years ago, with only 363 (8.4%) of these men having been tested in the past 6 months. In multivariable logistic regression, younger MSM (age 15–22 years old [AOR: 4.60, 95% CI: 3.04–6.96]), MSM with lower education (secondary school or lower [AOR: 1.37, 95% CI: 1.03–1.83]), MSM who identify as bisexual or heterosexual (compared to gay-identified) (AOR: 1.94, 95% CI: 1.60–2.35), and MSM who had never used a condom with male partners (AOR: 1.61, 95% CI: 1.32–1.97) had higher odds of never been HIV tested. Main reason for not being tested was a low risk perception of HIV exposure (n = 390, 30.2%).ConclusionCurrent HIV prevention response must not leave MSM “in the dark,” but instead meet them where they are by utilizing the Internet creatively through social media and smart phones. As ASEAN Economic Community (AEC) is quickly becoming a reality, so must there be an equally fast and united response to slowing down the HIV epidemics among MSM in ASEAN.     

Peacetime military activities in the exclusive economic zone of third countries

Abstract

Although the 1982 U.N. Convention on the Law of the Sea reaffirms the freedoms of navigation and overflight in the Exclusive Economic Zone (EEZ), its language is flexible enough to be construed as restraining military activities of third countries in the zone. On the other hand, the Convention allows enough latitude of interpretation to include the right to conduct naval activities in a foreign EEZ. The peaceful‐purposes clauses of the Convention do not, in this respect, create any new obligations beyond the obvious general principle of banning the use of force in international relations. The reluctance of UNCLOS III to adopt a clear and unambiguous solution of the problem is likely to result in disputes between naval powers, primarily developed states, and coastal states of the Third World over the attribution of rights to military uses of the EEZ, especially with regard to naval maneuvers, weapon tests, and emplacement of military devices in this zone.     

A note on the role of african states in committee I of UNCLOS III

Abstract

This study assesses the role the African states played in the formulation of Part XI of the U.N. Convention on the Law of the Sea. It demonstrates that the clauses dealing with the seabed issues largely incorporated their interests. It is also argued that it was because of the African states’ efforts (among other members of the G‐77) that the industrialized countries acquiesced in the negotiation of a comprehensive LOS Treaty.     

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.     

Deep seabed mining: A definition of the problem

Abstract

The prospects for deep seabed mining in this century appear remote. The U.N. Convention on the Law of the Sea was closed for signature on December 10, 1982. As of that date, 155 nation‐states and four entities had signed, but not the United States and some others. Since that time, the United States has endeavored without much success to develop a “Reciprocating States Agreement”; that would legitimate seabed mining with or without the U.N. Convention. On the other hand, the Preparatory Commission has met six times and is making only modest progress without the participation of the United States, the United Kingdom, and the Federal Republic of Germany.     

Impediments to the Success of Management Actions for Species Recovery

Finding cost-effective management strategies to recover species declining due to multiple threats is challenging, especially when there are limited resources. Recent studies offer insights into how costs and threats can influence the best choice of management actions. However, when implementing management actions in the real-world, a range of impediments to management success often exist that can be driven by social, technological and land-use factors. These impediments may limit the extent to which we can achieve recovery objectives and influence the optimal choice of management actions. Nonetheless, the implications of these impediments are not well understood, especially for recovery planning involving multiple actions. We used decision theory to assess the impact of these types of impediments for allocating resources among recovery actions to mitigate multiple threats. We applied this to a declining koala (Phascolarctos cinereus) population threatened by habitat loss, vehicle collisions, dog attacks and disease. We found that the unwillingness of dog owners to restrain their dogs at night (a social impediment), the effectiveness of wildlife crossings to reduce vehicle collisions (a technological impediment) and the unavailability of areas for restoration (a land-use impediment) significantly reduced the effectiveness of our actions. In the presence of these impediments, achieving successful recovery may be unlikely. Further, these impediments influenced the optimal choice of recovery actions, but the extent to which this was true depended on the target koala population growth rate. Given that species recovery is an important strategy for preserving biodiversity, it is critical that we consider how impediments to the success of recovery actions modify our choice of actions. In some cases, it may also be worth considering whether investing in reducing or removing impediments may be a cost-effective course of action.     

The United States and the revision of the 1982 convention on the law of the sea

Abstract

It may now be possible to breach the 1982 Law of the Sea Convention impasse. The UN Secretary‐General's informal consultations have opened realistic discussions on the deep seabed regime. Many important changes have occurred since the Convention was signed. Dramatic developments have taken place in the international community. Nations now appreciate the limited potential of deep seabed mining. While United States reliance on customary law provides some benefits, other more important U.S. interests cannot be protected absent entry into force of the Convention with widespread participation. Many alternative procedures are available to forge an accommodation. The approach taken in the Secretary‐General's consultations is to make specific changes in deficient articles. Alternatively, the present regime might be jettisoned in favor of a framework regime. Such a regime would preserve only the essential basic policies of the Convention's seabed regime. It would contain a system for constructing a viable mining system if a deep seabed regime is needed.     

Burden of cancer attributable to tobacco smoking in member countries of the Association of Southeast Asian Nations (ASEAN), 2012

BackgroundCancer is an increasing problem in ASEAN (Association of Southeast Asian Nations). Tobacco use is a well-established risk factor for many types of cancers. Evidence on burden of cancer attributable to tobacco is essential to raise public and political awareness of the negative effects of tobacco on cancer and to be used to stimulate political action aims at reducing smoking prevalence in ASEAN member countries. The objective of this study was to estimate burden of cancer attributable to tobacco smoking in ASEAN, 2012.MethodsIn this study, smoking prevalence was combined with Relative Risks (RRs) of cancer to obtain Smoking Attributable Fractions (SAFs). Cancer incidence and mortality data among individuals aged 15 years and older were derived from GLOBOCAN 2012. Fourteen types of cancer were included in the analysis. Sensitivity analyses were conducted to examine the impact of the use of alternative RRs and the use of alternative prevalence of smoking in some countries.ResultsThe findings showed that tobacco smoking was responsible for 131,502 cancer incidence and 105,830 cancer mortality in ASEAN countries in 2012. In other words, tobacco smoking was accounted for 28.4% (43.3% in male and 8.5% in female) of cancer incidence and 30.5% (44.2% in male and 9.4% in female) of cancer mortality in ASEAN. When looking at the types of cancer, lung cancer showed the strongest association with tobacco smoking. Incidence of cancer and cancer mortality attributable to tobacco smoking varied by countries due to the differences in size of population, background risk of cancer, and prevalence of smoking in each country. According to the sensitivity analyses, RRs of lung cancer, pharynx cancer, and larynx cancer used in the estimates have significant impact on the estimates.ConclusionsAs about one-third of cancer incidence and mortality in ASEAN are attributable to tobacco smoking ASEAN member countries are strongly encouraged to put in place stronger tobacco control policies and to strengthen the existing tobacco control measure in order to effectively control cancer.     

The convention on Biological Diversity: Some implications for microbiology and microbial culture collections

The coming into force of the Convention on Biological Diversity has led to a series of discussions aiming to clarify its implementation. A number of uncertainties exist at the microbial level and there is a lack of awareness of the role played by microorganisms in ecosystem function. There is moreover a great lack of knowledge about the number of species of microorganisms that exist, their distribution, stability in the environment and intricate interactive roles. Conservation and use of biological material for sustainable environmental management are major issues. Specialist microbiological input into the debate is required to ensure that provisions made for national programmes are appropriate and practicable at the microbiological level. The Articles of the Convention of special relevance to microbiologists are listed and discussed. The role of microbial culture collections within the framework of the Convention is considered. The difficulties and uncertainties of conservation and study of microorganisms in their habitat (in situ) increase the need forex situ conservation in microbial culture collections. The World Federation for Culture Collections plays a coordinating role with regard to expertise, information, training and the management and operation of microbial resource centres. It has the potential for providing a special interest Clearing House Mechanism for the support of the Convention.     

Southeast asia: National marine interests and marine regionalism

Abstract

Increased awareness of the value of marine resources and their fragility and/or limits is fostering a consideration of regional marine arrangements when states in physical marine regions perceive that global standards and regimes may not adequately address their special circumstances. The semi‐enclosed South China Sea appears to be a logical site for regional approaches to certain transnational problems of common marine resource use or protection. Political entities include the Westem‐oriented ASEAN block‐Thailand, Malaysia, Singapore, Indonesia, and the Philippines; the socialist states‐China, Vietnam, Kampuchea, and land‐locked Laos; politically‐isolated Taiwan, the British dependencies of Hong Kong and Brunei, and the Portuguese colony of Macau. Each political entity's predilection to participate in regional marine arrangements is determined by integrating perceived advantages and disadvantages to national marine interest, approximated by such measures as marine accessibility, dependence, investment and control, with the perceived importance of politically integrative and divisive factors.     

In the Same Boat? A Comparative Analysis of the Approaches of Russia and Canada in the Negotiation of the IMO’s Mandatory Polar Code

Abstract

In the field of Arctic shipping, Canada and the Russian Federation have enacted extensive unilateral national regulations cognizant of Article 234, UN Convention on the Law of the Sea. On the global level, both states have been important actors in negotiating the International Maritime Organization’s mandatory Polar Code, a legal instrument with implications for regulations at the national level. This article compares and contrasts the approaches, positions, and arguments of Canada and Russia especially regarding national systems to control navigation and vessel-source pollution. The results suggest different emphases stemming from the two states’ political and economic realities and capacities.     

Adjacent state issues for the UNITED STATES in establishing an exclusive economic zone: The cases of Canada and Mexico

Abstract

This paper will analyze and evaluate the issues that might emerge between the United States and both Canada and Mexico in the establishment of adjacent exclusive economic zones (EEZs). Given the ambiguity of the U.N. Convention language and historic differences in approach to law of the sea issues, it is likely that there will be differences in how each of these countries will manage and regulate activities within their respective zones. Since many of the resources and activities are transboundary in nature, the potential for conflict between states exists. The paper will serve to highlight existing areas of conflict and will evaluate the potential for future disagreements.     

The conflict between petroleum production,navigation and fisheries in international law

Abstract

Growing offshore oil activity and new technology have resulted in increased interference with traditional uses of the sea, such as fishing and navigation. This article discusses where oil production is prohibited, the extent of safety zones and the removal of installations after use. These questions are examined on the basis of the 1958 Continental Shelf Convention, the 1982 Law of the Sea Convention and state practice. When assessing this multiple use conflict, the different legal regimes for the continental shelf, fishing and navigation must be harmonized. “Creeping jurisdiction”; in state practice and the handling of these questions in the International Maritime Organization are also examined.     

Civil Liability and Compensation for Damage in Connection With the Carriage of Hazardous and Noxious Substances: Chinese Perspective

Abstract

The International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (the HNS Convention) has not entered into force. In China, a two-tier compensation regime has been established for vessel-source oil pollution damage, but this regime does not address damage in connection with the carriage of HNS by sea. This article examines the Chinese law approach to civil liability and compensation for damage in this respect, and discusses whether there is an adequate framework in place to address issues that may arise.     

Jurisdiction Over Underwater Cultural Heritage in the EEZ and on the Continental Shelf: A Perspective From the Practice of States Bordering the South China Sea

Abstract

The Chinese initiative of constructing the 21st Century Maritime Silk Road could be identified as a new chance to promote the protection of underwater cultural heritage (UCH) in the South China Sea. However, uncertainties concerning the jurisdictional issue over the UCH in the exclusive economic zone (EEZ) or on the continental shelf constitute an obstacle. The Convention on the Protection of Underwater Cultural Heritage has, to some extent, enlarged the coastal state’s jurisdiction. State practice differs on this issue. This article focuses on the domestic legislations of states bordering the South China Sea related to the jurisdiction over UCH found in their EEZ or on their continental shelf.     

UNCLOS III and conflict management in straits

Abstract

The legal regime articulated for international straits in the United Nations Convention of 1982 is a significant milestone in the reconciliation of competing interests attendant upon navigation in international straits. However, the author also submits that the refinement of respective rights and obligations of states in international straits can only be harmonized through the process of claim and counterclaim, a slow and somewhat tedious process. Extremely difficult, yet highly important questions deserve thoughtful analysis in the context of the 1982 Convention's territorial sea and straits provisions.     

Chile's Presential sea proposal: Implications for straddling stocks and the international law of fisheries

Abstract

Despite rapid evolution in international fisheries law and establishment of the exclusive economic zone (EEZ), straddling stocks still remain susceptible to heavy harvesting in high seas areas by distant‐water fishing states there by undermining coastal state management. The notion mar presencial (presential sea) has recently been proposed by Chile as a solution for the problem of straddling stocks. The presential sea concept was nationally designed and promoted to curtail such foreign fishing in areas adjacent to Chile's EEZ. This article examines the presential sea as a geostrategic concept, its justification for being, and the question of its permissibility under contemporary international fisheries law. Attention is also given to recent international developments that challenge the legal viability of the presential sea concept. The authors conclude that if this concept were to be widely adopted by coastal states, the traditional freedom to fish on the high seas might be severely compromised. The preferable legal solution is to work within the parameters set out by the 1982 UN Convention on the Law of the Sea, more particularly through bilateral negotiations between coastal states and fishing states, as well as regional fishery commissions that could manage activities in the region.