Beyond the Four Corners of the Convention: Expanding the Scope of Jurisdiction of Law of the Sea Tribunals

In several recent Awards, Part XV tribunals constituted under the UN Convention on the Law of the Sea have been called upon to decide claims based on rights and obligations that find their source in a treaty, agreement, or otherwise binding instrument other than the Convention itself, or on customary international law. This article considers the extent to which such claims fall properly within the jurisdiction of a Part XV tribunal, either on the basis of the applicable law provision in Article 293(1) of the Convention, or on the basis of provisions of the Convention that make reference to other relevant rights and obligations.     

Cases Concerning Sovereignty over Islands before the International Court of Justice and the Dokdo/Takeshima Issue

The article analyzes the recent jurisprudence of the International Court of Justice in relation to disputes concerning sovereignty over islands and considers the potential implications of this jurisprudence for the resolution of the Dokdo/Takeshima issue. It does so by examining the principles and rules of international law applied by the Court to the determination of title to territory, especially those concerning the question of original title and its interplay with state conduct in general (effectivités). The article also pays special attention to the different legal techniques applied by the Court in resolving each particular dispute and the Court's practical approach to dealing with questions of historical facts and other evidentiary matters in relation to small and uninhabited islands.     

The Spratlys: Are They Rocks or Islands?

The South China Sea is a multilateral battlefield of conflicting claims to sovereignty over island features and vast areas of maritime jurisdiction. In the middle of the South China Sea lies the Spratly archipelago - some 150 small island features to which six states have made claims. The core of the SCS dispute is access to natural resources, and the rivalling claims to sovereignty over islands are largely based on the assumption that whoever has sovereignty to the features can also claim large areas of ocean space attached to them. The United Nations Convention on the Law of the Sea has codified the regimes of the continental shelf and the exclusive economic zone, and it is accepted that islands, as well as continental territory, generate such zones of maritime jurisdiction. However, one category of islands cannot generate these extensive maritime zones. Article 121(3) of the convention states that "rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf." This provision, if applied to certain features, has the potential to significantly change the scope of the conflict in the Spratlys.     

China's Nine Dotted Lines in the South China Sea: The 2011 Exchange of Diplomatic Notes Between the Philippines and China

Important events relating to the sovereignty dispute over the Spratly Islands have arisen by fits and starts since 2009, marking the start of a new phase in the legal battle over territorial and maritime claims in the South China Sea. While the exchange of legal arguments between the parties has gradually laid bare their maritime claims, much still remains shrouded in uncertainty. Among the obscure claims wanting clarification is China's infamous nine-dotted-line map, which in 2011 elicited a response and counterresponse between the Philippines and China. This article examines the maritime and territorial claims of the Philippines and China as revealed in the recent discord over the nine-dotted-line map.     

Analysis on the insect community dynamics of Dokdo Island,Korea from 1978 to 2015

A comprehensive analysis of the insect community dynamics of Dokdo Island, located at the eastern end of Korean territory, based on the data from the publications from 1978 to 2015 was carried out. A total of 13 orders 166 species of insects was reported to exist in Dokdo by this study. This study is focused on the analysis of the community structure and dynamics of insects in Dokdo Island over the past 40 years. Order Diptera was the only one taxonomic group to be collected in all survey during the period of 1981 to 2015.     

Doing Sovereignty in Native North America: Anishinaabe Counter-Mapping and the Struggle for Land-Based Self-Determination

Beginning with the premise that sovereignty may be most constructively contemplated not as a definable object or objective but instead as a process, this article examines counter-mapping as a way for contemporary indigenous citizens to “do” sovereignty. It surveys three Anishinaabe/Ojibwe communities’ recent use of geographical techniques to communicate their own territorial claims and counter the competing claims of others. In a 21^st century context characterized by urgent extractive-industrial threats to indigenous landbases and lifeways, the cases presented here demonstrate that counter-mapping can serve as a powerful positive tool. Yet because the prevailing methods available to safeguard land-based self-determination also have the potential to undermine it, I conclude by considering some of the pitfalls that complicate counter-mapping’s ability to promote the sovereignty process. I suggest that indigenous people who choose to enact their sovereignty in this manner are indeed empowered, but only within an existing—and inequitable—socio-political system.     

Christianity,cultural change and the negotiation of rights in land and sea

Various aspects of Christian belief and practice have been documented as significant across Aboriginal Australia. In recent years, many communities have been involved in seeking to achieve traditional rights in land and sea as recognised in Australian law. Asserting and proving these rights entails demonstrating continuity of traditional law and custom since the establishment of British sovereignty. While legal discourse indicates that this does not exclude cultural change, law and custom must continue to derive from pre‐sovereignty traditions. This article addresses the extent to which Christian belief and practice have been articulated and researched in applied anthropological work, against the background of relevant academic studies. If a sophisticated theory of cultural change and continuity is germane to researching land claims and native title, what is the significance of Christian syncretism in Aboriginal relations with place and the inheritance of ancestral connections to ‘country’? Several case studies are examined.     

“Bioethics in Action” and Human Population Genetics Research

Recent disputes about human population genetics research have been provoked by the field's political vulnerability (the historic imbalance of power between the geneticists and the people they study) and conceptual vulnerability (the mismatch between scientific and popular understandings of the genetic basis of collective identity). The small, isolated groups often studied by this science are now mobilizing themselves as political subjects, pressing sovereignty claims, and demanding control over the direction and interpretation of research. Negotiations between the geneticists and the people asked to donate DNA have resulted not only in explicit bioethics protocols but also in diffuse anxiety over the incommensurability between expert and non-expert views about genetic evidence for identity claims. This article compares two disputes over genetics research: the Human Genome Diversity Project and the use of genetics to prove identity claims among the Melungeons of Tennessee. The case studies illustrate “bioethics in action”: how particular controversies and interests drive the production of bioethics discourses and techniques (such as informed consent protocols). They also illustrate some limits on the usual apparatus of bioethics in overcoming this science's multiple vulnerabilities.     

The Position of the United States on the Northwest Passage: Is the Fear of Creating a Precedent Warranted?

For decades, Ottawa and Washington have been agreeing to disagree on the question of the legal status of the Northwest Passage. One argument which has been consistently raised on the U.S. side and which has precluded attempts to end the deadlock has been the fear of creating a negative precedent. This article assesses whether U.S. concerns are warranted: could coastal States elsewhere in the world rely on an eventual recognition of Canadian sovereignty over the Northwest Passage to bolster their claims over a local strait?     

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.     

A New Heterolobosean Amoeboflagellate,Tetramitus dokdoensis n. sp., Isolated from a Freshwater Pond on Dokdo Island in the East Sea,Korea

The genus Tetramitus is a representative amoeboflagellate group within the Heterolobosea, and currently contains over a dozen species. Here, a new heterolobosean amoeboflagellate was isolated from a freshwater pond on Dokdo Island, Korea. The amoebae have eruptive pseudopodia, no uroidal filament, and a nucleus with a central nucleolus. The length and width of the amoebae are 15.5–28.0 μm and 5.4–12.6 μm, respectively. The flagellates are conical, with 4 flagella of equal length (~10 μm). There is a discrete rostrum in the subapical region of the flagellate form. The cyst has thin endo‐ and ectocyst layers and no cyst pores. The amoeba shows slow movement at 37 °C, but does not move at 42 °C under a light microscope. Phylogenies of the 18S rRNA gene and the ITS1‐5.8S rRNA gene‐ITS2 sequence show that the strain belongs to a subclade of Tetramitus that includes Tetramitus rostratus, Tetramitus waccamawensis and Tetramitus entericus, amongst others. Nonetheless, the strain is distinct from other species in both molecular phylogenetic trees. Thus the strain isolated from the Dokdo Island is proposed as a novel species, Tetramitus dokdoensis n. sp.     

Searching for Guarantees in the Midst of Uncertainty: Negotiating Aboriginal Rights and Title in British Columbia

In this article, I analyze the concern over the concept of "certainty" in relation to Aboriginal rights, treaties, and economic prosperity in the province of British Columbia, Canada. In the context of treaty negotiations in British Columbia, certainty requires that the Aboriginal rights of a First Nation be legally transformed into a set of treaty rights. This transformation moves these rights from a state of "uncertainty" to a state in which they are "certain," and is said to encourage investment in resource industries like forestry and mining. I argue that treaty negotiations are a form of governmentality that helps regulate a population, mediates between Aboriginal-rights claims and the demands of global capital, and produces effects of state sovereignty. I also argue that the focus on undefined Aboriginal rights as the source of economic uncertainty fails to acknowledge the lack of certainty inherent within capitalism.     

Coetzee, Agamben, and the Passion of Abu Ghraib

In this article, I address J. M. Coetzee's chapter "The Problem of Evil" in Elizabeth Costello (2003); specifically, I discuss the danger of texts that attempt to represent evil letting loose that evil in the world. This insight is pushed by connecting it to the problem of sovereignty as put forth in Agamben's Homo Sacer (1998). To demonstrate the connection of evil and sovereignty, three different sets of images are analyzed that circulated in the global public sphere in 2004: frames from the Mel Gibson movie, The Passion of the Christ (2004); pictures of the abuse and torture of Iraqi prisoners from Abu Ghraib; and beheading videos of U.S. citizens and other nationals working for the U.S.-led occupation forces in Iraq. Different explanations have been given for their circulation, but it is argued, following Agamben's notion of "homo sacer," that they are contestations over sovereignty of Iraq and more widely of the Middle East.     

印度生物遗传资源和相关传统知识获取制度发展动态研究

印度是世界上生物多样性最丰富的国家之一,主张遗传资源主权归国家所有并实现遗传资源惠益公平分享。印度政府于2003年颁布了《生物多样性法》,2004年又补充颁布了《生物多样性条例》,明确规定国家对其生物资源及相关传统知识的主权、保护原则、主管部门和管理体系、获取和惠益分享等问题。2014年又制订发布了《生物资源及相关传统知识获取规则指南》,对生物考察和利用、商业开发的惠益形式与比例、成果转化程序与惠益分享方式、知识产权获取程序与惠益分享形式、第三方转让为研究或商业利用、豁免审批情况等都作出了详细明确的规定。从印度遗传资源获取与惠益分享制度体系发展动态来看,印度的制度构建过程是循序渐进,不断更新,逐步趋于完善、细化。印度的遗传资源制度体系建设紧跟国际发展形势,从原则性的规定发展到具体措施。印度与中国生物遗传资源及相关传统知识国情相似,国际谈判立场一致,印度的遗传资源获取与惠益分享管理制度体系构建思路值得中国在国内遗传资源获取与惠益分享国家制度体系构建借鉴。     

A Note on the United States and the Law of the Sea: Looking Back and Moving Forward

Since the Antarctic Treaty was negotiated in 1959, there have been substantial developments in the law of the sea. One of the most significant developments has been the recognition granted to coastal state entitlements to claim a range of offshore maritime areas. Yet, one of the principal aims of the Antarctic Treaty was to eliminate sovereignty disputes between territorial claimants, and the treaty placed limitations on the assertion of new claims. Nevertheless, most Antarctic territorial claimants have asserted some form of Antarctic maritime claim. This article particularly considers Australia's position toward maritime claims offshore the Australian Antarctic Territory (AAT). It reviews the limitations imposed by the Antarctic Treaty, the difficulties in determining baselines in Antarctica, Australia's practice in declaring Antarctic maritime claims, and the potential range of maritime boundaries that Australia may one day have to delimit with neighboring states in the Southern Ocean.     

Today's Customary International Law of the Sea

International courts and tribunals, governments, and scholars over the past half-century (many in the past two decades) have identified various provisions of the 1958 and 1982 treaties on the law of the sea that are customary international law and thus binding on all states, including those not party to these treaties. This article systematically collects these opinions and identifies provisions that have not yet attracted their attention.     

The Expansion of and Changes to the National Coast Guards in East Asia

Abstract

East Asian countries have vigorously engaged in a buildup of the capabilities of their coast guards. This has been driven in part by the need to protect their maritime jurisdiction in the face of numerous maritime disputes. The coast guards in East Asia serve as the front-line defender of sovereignty and maritime claims.     

The Precautionary Principle and Marine Environmental Protection: Slippery Shores,Rough Seas,and Rising Normative Tides

Law and policy implications of the precautionary principle in the field of marine environmental protection are explored in this paper in a three-part analysis. First, seven slippery aspects of the precautionary principle are highlighted, including confusion in terminology, definitional variations, definitional generalities, the spectrum of precautionary measures available, ongoing philosophical tensions and competing socioeconomic interests, debate over who should be responsible for making precautionary decisions, and limited interpretation by international tribunals. Second, the rather feeble precautionary responses to the tempestuous issues of climate change, hazardous chemicals, and overfishing are described. Third, the potential for the precautionary principle to synergize with human rights norms, such as the emerging right to a healthy environment, and other principles of sustainable development is discussed.     

Metabacillus elymi sp. nov., isolated from the Rhizosphere of Elymus tsukushiensis,a plant native to the Dokdo Islands,Republic of Korea

Antonie van Leeuwenhoek - Dokdo islands in Republic of Korea, is not suited to survive plant because strong wind, low organic content and high salinity. Nevertheless, 64 taxa of plants have a...