A Note on the Nicaragua v. Colombia Case

The 2012 Nicaragua v. Colombia Case is the second instance where the International Court of Justice has employed the standard method in maritime delimitation since the 2009 Black Sea Case. The “standard method” involves three stages with the construction of a provisional equidistance line as the core of the methodology. There is no legal basis under the UN Convention on the Law of the Sea or customary law for the a priori position given to an equidistance line. Moreover, questions can be raised about the Court's operation at the second stage, which should consist of an adjustment or shifting of the provisional line rather than replacing it. Finally, the use of the disproportionality test as the touchstone for equity of the delimitation line is doubtful.     

The Admissibility of Outer Continental Shelf Delimitation Claims Before the ICJ Absent a Recommendation by the CLCS

In the 2017 Maritime Delimitation in the Indian Ocean Case, the International Court of Justice stated that “in appropriate circumstances” maritime delimitation claims beyond 200 nm may be admitted before the Commission on the Limits of the Continental Shelf issues a recommendation. This is a deviation from the Court's previous approach in the 2016 Nicaragua v. Colombia (Preliminary Objections) Case. This article follows the evolution of the international case law with respect to the admissibility of outer continental shelf delimitation claims absent a final and binding outer limit, and highlights the positive implications of the International Court's most recent formula.     

Defining Seaward Boundaries in a Domestic Context: Norway and the Svalbard Archipelago

Abstract

This article analyzes a little-noticed aspect of the international legal controversy pertaining to Svalbard’s maritime zones. It concerns where and by which method Norway should draw the boundaries between Svalbard’s continental shelf and the 200-mile zone, on the one hand, and other maritime zones subject to Norwegian jurisdiction, on the other. The assumption upon which the discussion rests is that the Spitsbergen Treaty signatories enjoy treaty rights in the maritime zones beyond Svalbard’s territorial waters. The law of the sea does not contain rules on the drawing of maritime boundaries between different parts of a state’s territory, but the rules on delimitation between states offer a strong analogy. In the search for an equitable solution, primacy should be given to geographical factors. The article argues that Norway could do more to enhance the openness regarding the Svalbard delimitation question since its outcome will be of significant interest to other states.     

A Tribunal Navigating Complex Waters: Implications of the Bay of Bengal Case

The International Tribunal on the Law of the Sea's March 2012 Judgment in the Bay of Bengal Case is a landmark decision in multiple ways. It represents the first maritime boundary to be delimitated by the Tribunal. It is the first adjudication of a maritime boundary in Asia, and it is also the first judicial delimitation of a maritime boundary for parts of the extended continental shelf located seaward of the 200-nautical-mile limit from baselines. While the Tribunal's ruling largely resolves the maritime dispute between Bangladesh and Myanmar, it also raises a number of questions and concerns that are highlighted in this article, including the Tribunal's approach to delimitation both within and beyond the 200-nautical-mile limit, the treatment of islands, the interplay between law of the sea institutions and the creation of a so-called grey area where continental shelf jurisdiction falls to one state and water column jurisdiction to the other.     

Some problems concerning the delimitation of the maritime boundary between the republic of china (Taiwan) and the Philippines

Abstract

This paper analyzes the issue of how the relevant provisions of the 1982 United Nations Convention on the Law of the Sea can be applied to the delimitation of the maritime boundary in the Bashi Channel between Taiwan and the Philippine island of Luzon and in the South China Sea area. It concludes that the Philippines’ extensive territorial sea claim based on the 1898 U.S.‐Spanish Peace Treaty can hardly find any basis in customary rules of international law and the U.N. Convention and, therefore, should be disregarded in such delimitation. On the other hand, the archipelagic principle provided in the Convention can be applied here. With respect to rules of delimitation, it suggests that the equitable principle of the delimitation of the continental shelf, enunciated in the Anglo‐French Continental Shelf Arbitration (1977) and the Tunisian‐Libyan Continental Shelf Case (1982), can mutatis mutandis be applied to the delimitation of the maritime boundary. As an interim solution, the maritime boundary of certain disputed islands in the South China Sea should be declared neutral zones open to nationals of both countries.     

The Sino-Vietnamese Agreement on Maritime Boundary Delimitation in the Gulf of Tonkin

This article addresses the recently ratified Sino-Vietnamese Boundary Delimitation Agreement in the Gulf of Tonkin and its implications for bilateral cooperation and development of friendly and neighboring relations between China and Vietnam. As the first maritime boundary line for China, the delimitation in the Gulf of Tonkin is indicative of China's positive attitude towards the resolution of other maritime issues with Vietnam and other neighboring countries.     

Robert Alexander Falla K.B.E., C.M.G., M.A., D.Sc., F.R.S.N.Z.

Abstract

On 23 February 1979 Sir Robert Falla collapsed and died at his home in Eastbourne. He was 77. His sudden death came as a great shock to his multitude of friends and colleagues, many of whom were still sharing with Sir Robert a deep sense of loss at the death on 31 May 1978, shortly after the couple's golden wedding anniversary, of his charming wife Molly.     

The Rejection of a Theoretical Beauty: The Foot of the Continental Slope in Maritime Boundary Delimitations Beyond 200 Nautical Miles

This article addresses maritime boundary delimitation concerning the continental shelf beyond 200 nautical miles. The focal point is how the foot of the continental slope can be used as the point of departure in drawing the provisional equidistance line in outer continental shelf boundary delimitations between neighboring states. The article examines the strength and weaknesses of this approach and asks whether the International Tribunal for the Law of the Sea indirectly rejected this approach in the 2012 Bangladesh v. Myanmar Case.     

Refugial races and postglacial colonization history of the freshwater amphipod Gammarus lacustris in Northern Europe

The systematic structure and postglacial population history of the freshwater amphipod Gammarus lacustris were explored in an allozyme survey of 65 populations across Northern Europe. A strong multilocus pattern of differentiation discriminated populations of the north‐east (north‐eastern Norway, northern Finland) from those in the west and the south (southern and central Scandinavia, Denmark, Poland). This principal division is attributed to postglacial colonization of the area by two main refugial races or lineages, one from the east (Russia), the other from the south (north‐western European continent). The strongly diverged Eastern and Western races (Nei's D= 0.3, from 22 loci) now meet in a secondary contact zone across a narrow sector of northernmost Norway. Genetic population compositions in this zone vary in a mosaic pattern, and show no evidence of reproductive incompatibility. Similar contacts of eastern and western lineages, far older than the latest glaciation, are now known from a number of taxa and they constitute a general pattern in Fennoscandian phylogeography. Within the Western Gammarus race, the populations through coastal north‐western Norway are further distinguished from those in southern Scandinavia and Denmark by a set of unique alleles at high frequencies (D = 0.12). This suggests an independent early colonization of the coastal region by another distinct stock, either along an early deglaciated coastal corridor from the south‐west, or directly from the ice‐free continental shelf off the Norwegian coast – a hypothesis that has also previously been presented for G. lacustris, and parallels controversial suggestions of local refugia for other taxa in Scandinavia. The coastal population type only later could come into contact with Gammarus invading over the mountains from the south; these two population types now smoothly intergrade. © 2003 The Linnean Society of London, Biological Journal of the Linnean Society, 2003, 79, 523–542.     

Vietnam's national interests and the law of the sea

This article explores the relationship between Vietnam's national interests and the international law of the sea. Vietnam's national interests in the marine sphere include defense (the maintenance of a maritime buffer); international relations (enhancing its regional position through joint development and favorable resolution of boundary and fisheries disputes); and economics (stimulating development of its maritime resources). Although ratification of the 1982 Law of the Sea Convention would be somewhat disadvantageous to Vietnam's maritime defense strategy, many provisions would promote Vietnam's interests. Moreover, ratification and implementation of the Convention would signal Vietnam's support for international law and its desire to “rejoin”; the community of Southeast Asian nations. It might also encourage resolution of its boundary disputes, thus opening new areas to resource exploration and development by foreign companies.     

The Qatar v. Bahrain Maritime Delimitation and Territorial Questions Case

During the decade-long Qatar v. Bahrain proceedings, the International Court of Justice (ICJ) rendered two Judgments on jurisdiction and admissibility (1994-1995), followed by its decision not to rely on the 82 Qatar documents challenged by Bahrain (1999), and by Judgment on the merits (2001). This article surveys how these complex proceedings led to settlement of a long-standing dispute in the Arabian/Persian Gulf to the satisfaction of both parties and how have they enriched the contributions of the Court to the development of international law. The contributions of the two Qatar v. Bahrain (Jurisdiction and Admissibility) Judgments, including their Opinions, are highlighted in the context of important issues pertaining to the interpretation of treaties and various aspects of the jurisdiction conferred upon the ICJ by a "framework agreement" (as distinct from a compromis). The analysis of the Qatar v. Bahrain (Merits) Judgment, including its Opinions, substantiates the significant consolidation and further development--in continuation of the formidable jurisprudence of the ICJ and other tribunals, notably the Eritrea/ Yemen Arbitral Tribunal--of the principles and rules governing the acquisition of territorial sovereignty and maritime boundary delimitation.     

Dimerization of Sir3 via its C‐terminal winged helix domain is essential for yeast heterochromatin formation

Gene silencing in budding yeast relies on the binding of the Silent Information Regulator (Sir) complex to chromatin, which is mediated by extensive interactions between the Sir proteins and nucleosomes. Sir3, a divergent member of the AAA+ ATPase‐like family, contacts both the histone H4 tail and the nucleosome core. Here, we present the structure and function of the conserved C‐terminal domain of Sir3, comprising 138 amino acids. This module adopts a variant winged helix‐turn‐helix (wH) architecture that exists as a stable homodimer in solution. Mutagenesis shows that the self‐association mediated by this domain is essential for holo‐Sir3 dimerization. Its loss impairs Sir3 loading onto nucleosomes in vitro and eliminates silencing at telomeres and HM loci in vivo. Replacing the Sir3 wH domain with an unrelated bacterial dimerization motif restores both HM and telomeric repression in sir3Δ cells. In contrast, related wH domains of archaeal and human members of the Orc1/Sir3 family are monomeric and have DNA binding activity. We speculate that a dimerization function for the wH evolved with Sir3's ability to facilitate heterochromatin formation.     

0-group cod(Gadus morhua) in captivity: Differential survival of certain genotypes

Genotypes atLDH-3 (lactate dehydrogenase) andPGI-1 (phosphoglucoisomerase) in 263 0-group specimens of Atlantic cod(Gadus morhua) caught in Trondheimsfjorden, Norway, in fall 1983 showed significantly different survival rates during 72 days in captivity. The heterozygote was nominally superior at both loci, and there was a significant accumulation of double heterozygotes among the survivors. Apparently,LDH-3 andPGI-1 are not selectively neutral, and allele frequency differences at these two loci between groups of cod in nature should not be interpreted as markers of reproductive isolation. The results are related to current concepts of cod population structure.Contribution No. 231, Biological Station, N-7000 Trondheim, Norway     

ICJ's Decision in Australia v. Japan: Giving up the Spear or Refining the Scientific Design?

The case Whaling in the Antarctic (Australia v. Japan) decided by the International Court of Justice is a landmark that introduces new parameters for measuring the “reasonableness” of scientific research by permit under the International Convention on Whaling. However, aspects of these parameters and how they may be applied in future cases remain uncertain. Because the Court's interpretation of the language “for purposes of scientific research” avoids defining scientific research, the Court's decision provides only a limited degree of clarification for States that intend to operate scientific whaling programs under Article VIII of the Convention. The Court's reasonableness test is unlikely to prevent scientific whaling. States who no longer support the dual object and purpose of the Whaling Convention may want to consider negotiating a new international instrument that would be more protective of whales and their habitat.     

Nuclear genetic markers indicate Danish origin of the Norwegian beech (Fagus sylvatica L.) populations established in 500�C1,000?AD

The northernmost range of beech (Fagus sylvatica L.) is in southern Norway and consists of two distinct and isolated distributions, a single population at Seim in West Norway and several adjacent populations in Vestfold, East Norway. The modest beech pollen deposits beyond these main distributions suggest that the Norwegian beech distribution has never been an extension of the south Scandinavian range. We used genetic markers and historical sources to trace the ancestor populations for the beech at Seim and Vestfold, hypothesising Denmark as the most likely source. Nuclear inter-simple sequence repeat markers, amplified by polymerase chain reaction (PCR), were applied to estimate genetic distances between beech populations in Norway, England and Denmark. The variation in chloroplast DNA polymorphism was estimated using PCR-restriction fragment length polymorphism. The nuclear genetic data indicate Denmark as a source for the beech in Norway, although the data are less certain in the case of Seim than in that of Vestfold. The populations from South England were genetically different from most Scandinavian populations. The genetic variation within Norwegian populations was only slightly lower than that of the English and Danish populations, questioning birds as vectors for dispersal. Thus, the pollen data and our results are in accordance with the intentional introduction and documented human migrations across Skagerrak before and during the Viking Age.     

Species delimitation in the genusLipomyces by nuclear genome comparison

Species delimitation inLipomyces was attempted by nuclear genome comparison in conjuction with the re-evaluation of 48 physiological characters of 65 strains.High intraspecific (>75%) and low interspecific (<28%) similarity values established thatL. japonicus, L. lipofer andL. tetrasporus are genetically isolated, and also distinct fromL. kononenkoae andL. starkeyi.Ambiguous similarity values were obtained withL. kononenkoae andL. starkeyi. Strains previously assigned toL. kononenkoae constitute two related clusters. While similarity values within each cluster range from 76–99%, representatives of the two clusters reassociate for only 47%. Since these clusters are differentiated by their ecologically relevant maximum growth temperature,L. kononenkoae is subdivided. Strains previously assigned toL. starkeyi resolve into four closely related clusters. While similarity values within each cluster range from 78–100%, representatives of the four clusters reassociate for only 59–69%. Since these four clusters are poorly differentiated, the subdivision ofL. starkeyi does not appear possible without recourse to other criteria.Four unassigned strains constitute a further two clusters. Reassociation within these clusters is of the order of 91–100%, while reassociation between them occurs only at 59%. Reassociation of representatives of these clusters with those of theL. kononenkoae andL. starkeyi complexes is around 40% and 31%, respectively. These two clusters consequently appear to be intermediate betweenL. kononenkoae andL. starkeyi, and will, as such, have to be considered in any delimitation of these two species. A key to the taxa ofLipomyces and related genera of the Lipomycetaceae is given.     

Hybridization studies in the genusSilene sectt.Siphonomorpha andAuriculatae (Caryophyllaceae)

Ten species in the genusSilene sectt.Siphonomorpha andAuriculatae were crossed artificially involving 612 crosses to test inter- and infraspecific, intervarietal and intersectional crossability. In sect.Siphonomorpha all interspecific crosses (between diploids) failed due to cross- or seed-incompatibility; however, intervarietal crosses betweenS. gigantea var.gigantea andS. gigantea var.incana produced hybrids. In sect.Auriculatae hybrids were produced betweenS. vallesia andS. boryi, both tetraploids, but crosses between these and the diploid species were unsuccessful. The delimitation and status of the species in both sections was supported by the crossing results.     

The Delimitation Method for the Continental Shelf Beyond 200 Nautical Miles: A Reflection on the Judicial and Arbitral Decisions

Abstract

This article examines the practice of the international judicial and arbitral tribunals thus far in delimiting the continental shelf beyond 200?nm, and indicates the trend reflected in the decisions. However, the article disagrees with the critical observation of the tribunals that the delimitation method for the continental shelf beyond 200?nm should follow that within 200?nm. The delimitation of the continental shelf beyond 200?nm is essentially different from the single maritime delimitation within 200?nm, and various methods may be employed in order to achieve an equitable result in a particular case.     

Maritime Delimitation in the Arctic: The Barents Sea Treaty

During a visit to Norway by the Russian president in the spring of 2010, the president and the Norwegian prime minister surprisingly announced agreement on a delimitation line in the Barents Sea ending almost 40 years of negotiations. The agreement was signed in Murmansk on 15 September 2010. This article presents the background of the dispute and undertakes an assessment of the agreement and its implications for the Barents Sea, Svalbard, and other Arctic maritime delimitations.