Harmonizing extended zone legislation in southeast asia

Abstract

The extension of national jurisdictions up to 200 nautical miles out to sea creates new opportunities for cooperation among nations in regions such as Southeast Asia. One approach to cooperation is for nations of the region to work toward harmonizing their national laws relating to the management of their extended zones. Harmonization may be defined as the deliberate alignment of the laws of different nations for the purpose of fulfilling their national interests.

In Southeast Asia there are opportunities for harmonization in most of the major ocean use sectors. In fisheries, for example, standardized laws might be established regarding the licensing of foreign fishing vessels for access to Southeast Asian waters. In shipping, agreed standards could be applied to expedite shipping between ports of the region as well as for traffic to and from the region. In environmental protection, uniform standards could be established for monitoring for pollution. Harmonization may be especially useful where issues are international in character but the concerned nations are reluctant to create any new international management body.     

National legislation on ocean authority zones and the contemporary law of the sea

Abstract

Unilateral claims to 200‐nautical‐mile zones of varying forms of national jurisdiction continue to proliferate as the LOS negotiations continue. Legislation from thirty‐nine nations establishing exclusive economic zones is examined. Discussion and comparison include the scope of authority claimed, the range in activities affected, the exclusiveness of authority asserted, the extent of recognition of the interests and rights of other states, and the geographic extent of individual claims. The primary focus is upon comparing provisions that concern or directly relate to navigation in the zone. After brief discussion of the draft LOS treaty provisions concerning access to the zone for transportation and communication, the disparity between these provisions and some national measures is noted.     

Marine scientific research under emerging ocean law

Abstract

The traditional “fifth freedom”; of the high seas—freedom of scientific research—has been considerably eroded by recent coastal state claims to 200‐mile offshore zones. Insofar as these claims include competence to regulate marine scientific research, they are about to be endorsed in the adoption of a new Law of the Sea Convention by the Third U.N. Conference on the Law of the Sea. The author assesses the significance of the claims and examines the features of the “consent regime”; established through the negotiations at the Conference.     

Thailand's fisheries: A victim of 200‐mile zones

Abstract

During the 1970s, Thailand emerged as the major distant‐water fishing nation in Southeast Asia. By the 1980s, Thailand's neighboring states had introduced 200‐nautical‐mile economic zones with the consequence that the Thai fishing industry faces a loss of approximately 300,000 square kilometers of fishing grounds that had been utilized by the Thai trawler fleet. The Thai fishing industry will face a difficult time in the next decade as neighboring states take action to remove foreign vessels from their 200‐mile zones and the Thais are forced into their small zones in the Gulf of Thailand and Andaman Sea. Thailand, as a developing country with a distant‐water fishing fleet, is a victim of the 200‐mile economic zones.     

Organizational responses to new ocean science and technology developments

Abstract

Rapid developments in ocean science and technology, together with the emerging new ocean regime, present considerable challenges to the international organizational structure. After indicating some recent ocean science and technology developments, the author examines the capacity for organizational response, both within and outside the UN system. Next, the paper identifies aspects of national ocean interests that tend to dictate policies of individual nations toward the responses of these international organizations to new advances. Finally, the author looks to prospects for the 1980s.     

Vietnam: Fisheries and navigation policies and issues

Abstract

Vietnam claims a 12‐nautical‐mile territorial sea, a 12‐nautical‐mile contiguous zone, a continental shelf, a 200‐nautical‐mile exclusive economic zone (EEZ), historical waters encompassing most of the Gulf of Tonkin, and much of the Spratly Islands area. Vietnam's claimed boundaries overlap with those of China, Indonesia, Malaysia, Thailand, and Cambodia, and, in the Spratlys, with those of China, Taiwan, the Philippines, and Malaysia. The area claimed contains significant fisheries resources, and Vietnam has stipulated provisions for access to fish by foreign vessels. Yet issues pertaining to shared and migratory stocks remain to be addressed. Similarly, Vietnam has established regulations governing foreign ships navigating in Vietnamese‐claimed waters, including those designed to protect the environment. But some of these provisions do not conform to the provisions of the 1982 U.N. Convention on the Law of the Sea (UNCLOS). This article reviews Vietnam ‘s fisheries and navigation policies and issues.     

The case in international law for Canada's extension of fisheries jurisdiction beyond 200 miles

In March 1995, Canadian fisheries authorities boarded and arrested the Spanish fishing vessel, Estai, outside the Canadian 200‐mile zone on the Grand Banks, an event that served to focus world attention on a dispute that had its origins in the failure of the 1982 United Nations Convention on the Law of the Sea to implement an effective conservation and management regime for fish stocks on the high seas, particularly with respect to fish stocks that straddle coastal states’ exclusive economic zones. This article examines the origins of the dispute, including the allegations relating to overfishing of North Atlantic Fisheries Organization‐recommended quotas, the background to the vessel's arrest, and the subsequent confrontation that occurred, both at diplomatic levels and on the high seas, between Canada and the European Union. An analysis is made of the case in international law for Canada's extension of jurisdiction beyond 200 miles pursuant to the provisions of Section 5 of the Coastal Fisheries Protection Act. Finally, the article examines the implications of the recently concluded Agreement on the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks for disputes of the kind that arose in the present case.     

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.     

Fishing negotiations at the Third United Nations Conference on the Law of the Sea

Abstract

One of the major consequences of the negotiations at the Third United Nations Law of the Sea Conferences (UNCLOS III) was a substantial reduction of the international commons in which the freedom to fish existed and the creation of what was supposed to be a sui generis zone, the 200‐mile exclusive economic zone (EEZ), but within which the coastal state would have a virtual monopoly on the right to allocate resources. How this was done at UNCLOS III is analyzed using a model that shows the progress over time on major issues of the parliamentary‐diplomatic‐style negotiation in which consensus was required for an acceptable outcome. The shifting positions of major states and bargaining groups as they maneuvered toward consensus is examined on the questions of the creation of the 200‐mile EEZ, the rights of foreign fishermen in the EEZ, the fishing rights of geographically disadvantaged states in the EEZ, and the management of highly migratory species. The analysis shows that the new ocean regime, created through complex tradeoffs and strenuous issue‐by‐issue bargaining, was critically influenced by fisheries issues.     

New concepts in the law of the sea

Abstract

Current ocean law negotiations reflect conflicts between two old and competing approaches: the view that the coastal state should control activities in any large adjacent ocean area, and the view that most of the ocean should be left open to the free use of all nations. Both approaches are laissez‐faire, leave the distribution of benefits to arbitrary factors, and are based on national exclusivity. In the negotiations this conflict is exhibited in competing claims regarding navigation, mineral resources, fishing, environmental protection, and strategic uses. A possible resolution has emerged in the concept of the whole ocean as a common resource of humankind, according to which no individual state has a right to benefit from the ocean except pursuant to arrangements sanctioned by the community, and rights to benefit are determined not arbitrarily but by membership in the community. The regime now likeliest to be produced by such an approach includes (1) a narrow territorial sea and various navigation guarantees, (2) a wide coastal band coupling coastal state managerial functions with permanent international prerogatives, and (3) purely international manage‐ment of the deep seabed.     

In search of Ukrainian national identity: 1840–1921

Many recent scholars, influenced by nationalist historians, intellectual trends, or political leaders, seek to antedate and create a nation or national identity when in reality none existed. They tend to apply theories based on non‐rational, emotional aspects of ethno‐nationalism to the formation of national consciousness in general. Thus, the large‐scale vertical identity of modern nationalism is projected back into an era which was characterized by a set of horizontal identities. This article seeks to explore the genesis and development of modem national identity in Ukraine during the period 1840 to 1921. Focusing on social‐structural and circumstantial conditions, it attempts to demonstrate that the appeals to ethno‐national sentiments throughout this period failed to generate a group identity and solidarity among the Ukrainian people. The Ukrainian case, along with that of other subordinate ethnic groups, suggests that nationalism by itself was not operational before the emergence of the so‐called nation‐states of the ‘non‐historic’ nations of Eastern Europe. The formation of modern nations based on mass national consciousness was accomplished by the centralized bureaucratic state which, through conscious and deliberate socialization, succeeded in transforming potential nations into modern nations.     

French marine policy in the 1970s and 1980s

Abstract

France, hitherto more “continental”; than “maritime,”; increasingly developed its ocean activities in the 1970s and 1980s. This article describes the different sectors of its marine activities and evolvement of a different outlook concerning the sea. Important events such as the 1976 Proclamation and subsequent implementation of the French 200‐nautical mile Exclusive Economic Zone, and 1981 formation of a new Socialist government in France after 23 years of uninterrupted “Gaullist”; rule, offered a unique opportunity to restructure marine policy. The new Ministry of the Sea was intended to integrate marine policy and cater to a developing ocean “constituency.”; It was eventually downgraded to a “Secrétariat d'Etat,”; but its impact was undeniably important.     

Wide limits and “equitable”; distribution of seabed resources

Abstract

This article discusses some drawbacks of a universally applicable 200‐mile limit for seabed resources in terms of the artificial nature of this limit, the jeopardy to the proposed international regime to govern deep seabed resources, and the views of land‐locked and shelf‐locked countries. Given the uncertain political acceptability of a 200‐mile limit, a systems approach is suggested as a means of devising a compromise solution that would maximize the objectives of: respect of existing internationally agreed conventions; promotion of the rational development of deep seabed resources; provision of equitable distribution of seabed resources and provision of acceptable benefits to all major groups of countries. One possible solution would be to have the limit of coastal jurisdiction over seabed resources defined in terms of the continental margin coupled with a system for sharing the “take”; in the area between 12 miles and the limit of the margin. The share payable to the international seabed authority would increase progressively with the distance of exploitation from the coast but would be moderated by the relative income level of the coastal State.     

Research and control of parasitic diseases in Japan: current position and future perspectives

Between 1950 and 1980, Japan eliminated several major parasitic diseases. In 1998, the Japanese Hashimoto Initiative was the first global programme to target parasitic diseases. Thereafter, Japan expanded its international cooperation to cover infectious diseases through integrated development programmes to improve health, to alleviate poverty and to help to achieve the Millennium Development Goals of the United Nations. Parasite control remains a major component of all subsequent operations. Opportunities to build upon past successes in order to improve the situation in the developing world - in addition to tackling emerging national threats - are promising. Substantial challenges remain and Japan has introduced major national reforms to try to overcome them.     

Political Institutions and Their Historical Dynamics

Traditionally, political scientists define political institutions deductively. This approach may prevent from discovery of existing institutions beyond the definitions. Here, a principal component analysis was used for an inductive extraction of dimensions in Polity IV data on the political institutions of all nations in the world the last two centuries. Three dimensions of institutions were revealed: core institutions of democracy, oligarchy, and despotism. We show that, historically and on a world scale, the dominance of the core institutions of despotism has first been replaced by a dominance of the core institutions of oligarchy, which in turn is now being followed by an increasing dominance by the core institutions of democracy. Nations do not take steps from despotic, to oligarchic and then to democratic institutions, however. Rather, nations hosting the core democracy institutions have succeeded in historically avoiding both the core institutions of despotism and those of oligarchy. On the other hand, some nations have not been influenced by any of these dimensions, while new institutional combinations are increasingly influencing others. We show that the extracted institutional dimensions do not correspond to the Polity scores for autocracy, “anocracy” and democracy, suggesting that changes in regime types occur at one level, while institutional dynamics work on another. Political regime types in that sense seem “canalized”, i.e., underlying institutional architectures can and do vary, but to a considerable extent independently of regime types and their transitions. The inductive approach adds to the deductive regime type studies in that it produces results in line with modern studies of cultural evolution and memetic institutionalism in which institutions are the units of observation, not the nations that acts as host for them.     

Politics,Pride, and Precedent: The United States and Canada in the Northwest Passage

The issue of the status of the Northwest Passage has ebbed and flowed in U.S.-Canada relations for decades, but the effect of global warming in the Arctic has moved this issue from the largely academic and legalistic realms to the forefront of bilateral (and international) relations. Intimately linked to Canadian nationalism, U.S. adherence to the doctrine of freedom of the seas, and to politics in both nations, the opposing positions held by the two states can no longer afford to be implacably held. Rather, it is time to put pride and politics aside and return to the “special relationship” between Canada and the United States in order to effect meaningful and mutually beneficial continental security.     

U.S. fishery negotiations with Canada and Mexico

Abstract

In the last decade, the world has witnessed a fundamental reorientation of posture toward marine resources as evidenced by consensus in the Third United Nations Conference on the Law of the Sea (UNCLOS III) and the near universal move toward fishery jurisdictions of 200 nautical miles (370 km). These and other non‐marine‐specific economic and political pressures impose a new constellation of constraints on North American fishery relations. This has resulted in disharmonies on two borders.

This paper, then, addresses the form of binational fishery negotiations between the United States and her two neighbors. One section presents a general model of the binational negotiation process. The next section introduces the institutional and political context of U.S.‐Canada relations, and then applies the negotiation model to the evolution of West Coast salmon deliberations. In a parallel fashion, the following section focuses on U.S.‐Mexico relations and the tuna, shrimp, and anchovy fisheries. The last section concludes with remarks on future directions for North American binational fishery relations.     

The origins of nations

Although the nation, as a named community of history and culture, possessing a common territory, economy, mass education system and common legal rights, is a relatively modern phenomenon, its origins can be traced back to pre‐modern ethnic communities. Such named ethnies with their myths of common descent, common memories, culture and solidarity, and associations with a homeland, are found in both the ancient and the medieval periods in many areas of the world. Two kinds of ethnie are important for the origins and routes of the formation of nations. Territorial, ‘civic’ nations tend to develop from aristocratic ‘lateral’ ethnies through a process of ‘bureaucratic incorporation’ of outlying regions and lower classes into the ethnic culture of the upper classes, as occurred in France, England and Spain. The more numerous ‘ethnic’ nations, on the other hand, have emerged from demotic ‘vertical’ ethnies through processes of cultural mobilization that turn an often religiously defined and passive community into an active, politicized nation. Here the intellectuals and professionals replace the state as agents of popular mobilization, creating new ‘maps’ and ‘moralities’ through the uses of landscape and golden ages of a rediscovered and reconstructed communal past, as in Ireland, Finland and Switzerland. It is from these often ancient ties and sentiments that modern nations draw much of their power and durability today.     

United States policy on international straits

Abstract

United States policy on international straits is dictated by the vital importance to U.S. national security interests of unimpeded commercial and military transit through, over, and under sea lines of communication. Although perceived flaws in the deep seabed mining regime of the 1982 Law of the Sea Convention precluded U.S. signature or ratification of that document, the United States considers that the navigational articles of the convention reflect customary international law. Accordingly, U.S. policy on international straits is premised on recognition of and respect for the balance of interests set forth in the navigational articles of the 1982 Law of the Sea Convention.     

Understanding Recession and Self-Rated Health with the Partial Proportional Odds Model: An Analysis of 26 Countries

IntroductionSelf-rated health is demonstrated to vary substantially by both personal socio-economic status and national economic conditions. However, studies investigating the combined influence of individual and country level economic indicators across several countries in the context of recent global recession are limited. This paper furthers our knowledge of the effect of recession on health at both the individual and national level.MethodsUsing the Life in Transition II study, which provides data from 19,759 individuals across 26 European nations, we examine the relationship between self-rated health, personal economic experiences, and macro-economic change. Data analyses include, but are not limited to, the partial proportional odds model which permits the effect of predictors to vary across different levels of our dependent variable.ResultsHousehold experiences with recession, especially a loss of staple good consumption, are associated with lower self-rated health. Most individual-level experiences with recession, such as a job loss, have relatively small negative effects on perceived health; the effect of individual or household economic hardship is strongest in high income nations. Our findings also suggest that macroeconomic growth improves self-rated health in low-income nations but has no effect in high-income nations. Individuals with the greatest probability of “good” self-rated health reside in wealthy countries ($23,910 to $50, 870 GNI per capita).ConclusionBoth individual and national economic variables are predictive of self-rated health. Personal and household experiences are most consequential for self-rated health in high income nations, while macroeconomic growth is most consequential in low-income nations.