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.     

Management,conservation, and cooperation in EEZ fishing: The law of the sea convention and the South Pacific forum fisheries agency

Abstract

This paper examines the nature of the relationship between management, conservation, and cooperation in respect to EEZ fishing. The analysis is demonstrated through a discussion of the developments leading up to the creation of the South Pacific Forum Fisheries Agency (FFA). The paper examines and dismisses the criticism that the Agency does not fully meet the requirements of emerging international law. In addition to laying the foundations of the substantive argument, the conceptual and legal analysis presented here is also seen as a contribution to the wider debate about the scope and substance of the rights and duties of states in respect to EEZ fishing, especially in relation to highly migratory species.     

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.     

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.     

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.     

Innocent,transit, and archipelagic sea lanes passage

Abstract

Norway is involved in two maritime boundary disputes with the Soviet Union. In relation to Svalbard, the Soviet Union argues that the archipelago has a continental shelf and an exclusive economic zone (EEZ) of its own to which all parties to the Svalbard Treaty have equal access. This is disputed by Norway, which maintains that such a view of the matter implies an expansive interpretation of the Svalbard Treaty for which there is no support in international legal practice. In the Barents Sea there is a continuing dispute between Norway and the Soviet Union over the proper location of the continental shelf and EEZ boundaries. This article sets out some of the reasons behind the different arguments on which the two base their respective cases, and the reasons why Norway in the absence of a delineated boundary has refused to accept Soviet proposals for economic cooperation in the disputed ocean area. Major emphasis is placed on the confluence of several circumstances inter alia, geopolitical and historical factors, a strongly asymmetrical power relationship, and legal ambiguity.     

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.     

Regulating Near-Space Activities: Using the Precedent of the Exclusive Economic Zone as a Model?

Abstract

The deployment of high-altitude vehicles in near space with the purpose of providing Internet, communication, and other services represents the new frontier of aerospace activities. Near-space operations are attracting growing interest due to their mult-purpose nature and their anticipated high profitability. Despite such positive perceptions, near-space plans are, however, hampered by the uncertain international legal status of near space. Using the precedent of the exclusive economic zone (EEZ), this article suggests a new categorization of the near space as the exclusive utilization space (EUS) and a set of rules to manage its utilization.     

Creeping jurisdiction beyond 200 miles in the light of the 1982 law of the sea convention and state practice

Abstract

This article attempts a complex examination of problems pertaining to actual and potential extensions of coastal state rights and jurisdiction beyond the limit of 200 miles in the light of 1982 Law of the Sea Convention and state practice. Extension of the continental shelf regime, in the context of its outer limit beyond 200 miles, the entitlement of rocks to this limit, and the scope of coastal state rights and duties, is analyzed first. It is followed by discussion of the extension of the exclusive economic zone (EEZ) or fishery zone regime, which involves extension of certain coastal state fishery rights on the one hand, and the right of intervention in cases of maritime casualties and the liability regime for oil pollution damage on the other hand. Attention is also paid to presently speculative extensions of both regimes as a consequence of sea level rise. The author concludes that, if a continuing nontreaty situation deprives recourse to compulsory dispute settlement, the worst‐case scenario of spatial extension of the entire EEZ regime to the outer edge of the continental margin could not with certainty be excluded.     

The exclusive economic zone and antarctica: The dilemmas of non‐sovereign jurisdiction

Abstract

Antarctica is the only continent from which no exclusive economic zones extend. This article examines the EEZ as a legal concept, particularly its relevance for enhancing maritime jurisdiction offshore Antarctica. The study analyzes the political setting in the Antarctic which would affect creation of EEZs in the region, especially the division of the continent into sector claims by certain states and the implications presented by various island groups in the area. An appraisal is made of the legal situation and the jurisdictional opportunities afforded by the Antarctic Treaty System. The author concludes that a recognized political authority, with demonstrated legal competence and capabilities, is administering jurisdictional considerations in the Antarctic area. In its operation, this Antarctic Treaty regime fulfills management and conservation functions analogous to those of EEZs in waters offshore the continent.     

The Dugong Action Plan for the South Pacific: An Evaluation Based on the Need for International and Regional Conservation of Sirenians

Abstract

The purpose of this article is to set out the essential requirements for a successful regional agreement for Sirenians in the South Pacific. To achieve this, the current Dugong Action Plan, which is being formed under the auspice of the South Pacific Regional Environmental Program, will be juxtaposed against the “best practice” in this area, as evinced by current development in international environmental law and policy relating to Sirenians.     

Focus on the legislative approach to short half life radioactive hospital waste releasing

PurposeWe propose to summarize the advancements introduced by the new Directive 2013/59/Euratom concerning the concept of clearance, for which the radioactive medical waste represents a typical candidate. We also intend to spotlight disputable points in the regulatory scheme in force in Italy, as well to make a contribution to evaluate whether the practice of patients' urine storing, stated by it, can be regarded to be proper.MethodsWith directing our interest to radionuclides used in Nuclear Medicine, we first present an overview of how the clearance concept, and that of exemption closely related to it, have been developed from the previous Directive 96/29 to the new one; then we describe the implementation of these concepts in the Italian legislation. Subsequently we estimate the exposure due both to keeping the effluent on site and to direct discharging it to the environment.ResultsIn line with a well established international consensus, the Directive 2013/59 drives simple and harmonized regulation of clearance. On the contrary, some complexity and lack of consistency can be found in the framework of the national legislation affecting the radioactive medical waste handling. In addition the practice of excreta storing is disputed not to be really beneficial.ConclusionThe opportunity should be taken to make the whole system of these requirements simpler and more consistent and effective when it is revised to transpose the new Directive.     

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.     

Neutrality at sea in transition: State practice in the gulf war as emerging international customary law∗

Abstract

This paper provides an appraisal of the continuing efficacy of the law of neutrality as it pertains to the balance of interests of belligerents and neutrals in the maritime environment. The author finds that international customary law of naval warfare pertaining to the rights of neutrals is emerging today as a result of State and extra‐State practice in the Gulf War. This is demonstrated by examination of belligerent and neutral conduct in the “Tanker War”; and various authoritative assessments of that conduct by the international community. The examination proceeds from an analysis of the underlying theory of the customary law‐making process and evolutionary nature of the law of neutrality since before World War II. State conduct in the Gulf War, including the employment of war‐exclusion zones, is critically examined against this backdrop. Discerned from this analysis are firm, “baseline”; standards of the law of neutrality against which State practice, belligerent as well as neutral, and ultimately the emerging customary law, may be assessed.     

Verification of quantitative analytical methods in medical laboratories

BackgroundGlobally, all medical laboratories seeking accreditation should meet international quality standards to perform certain specific tests. Quality management program provides disciplines targeted to ensure that quality standards have been implemented by a laboratory in order to generate correct results. The hallmark of the accreditation process is method verification and quality assurance. Before introducing a new method in your laboratory, it is important to assess certain performance characteristics that reflect the concept of method verification.MethodsIn this review, we illustrated how to verify the performance characteristics of a new method according to the recent guidelines. It includes an assessment of precision, trueness, analytical sensitivity, detection limits, analytical specificity, interference, measuring range, linearity, and measurement uncertainty.ConclusionsAlthough the presence of several updated guidelines used to determine the performance characteristics of new methods in clinical chemistry laboratories, the real practice raised several concerns with the application of these guidelines which in need for further consideration in the upcoming updates of these guidelines.     

The emerging legal principles and equitable criteria governing the delimitation of maritime boundaries between states

Abstract

The purpose of this article is to show that there is an emerging fundamental norm or rule for the delimitation of maritime boundaries between littoral states, and that customary international law is slowly evolving towards this formula. It also maintains that although only part of this formula has yet become entrenched as customary international law, the remaining part of the formula appears to have acquired the status of embryonic customary international law which will, at some future date, eventually crystallize into binding rules of customary international law.     

The 1987 law of yugoslavia on the coastal sea and the continental shelf

Abstract

This article analyzes the recent Yugoslav legislation on the regime of internal waters, the territorial sea, and the continental shelf which was initiated by the ratification of the Law of the Sea (LOS) Convention on behalf of Yugoslavia on November 27, 1985. The highlights of the 1987 law are the clauses strengthening the national security interests in the internal waters of Yugoslavia, the repair of foreign ships in domestic shipyards, the introduction of the system of prior notification of foreign warships entering the territorial waters, and the extension on the continental shelf of sovereign rights over archeological and historical objects. It is maintained that the law has failed to incorporate the novelties of the LOS Convention such as the proclamation of the Yugoslav exclusive economic zone (EEZ) in the Adriatic Sea and the reestablishment of its contiguous zone.     

Imaging opportunities for treatment planning in intraoperative electron beam radiotherapy (IOERT): Developments in the context of RADIANCE system

AimThe purpose of this report is to store the information of the pre-planning and compare this data with the actual data of the procedure.BackgroundCurrently, intraoperative electron beam radiotherapy clinical practice lacks a treatment planning system.Materials and methodsThe RADIANCE concept approaches treatment planning by providing the user with a navigation platform based on a three-dimensional imaging system in which the radiation oncologist can target the tumor and risk areas in different sections (axial, coronal, sagittal), while a volume rendering engine displays a 3D image that is automatically updated as we make any changes of the space. Finally, the user may select the parameters of the applicator, energy and dose of treatment to optimize the procedure. Six cases are clinically described and illustrated.ResultsRADIANCE is a useful tool in planning IOERT. Tumor segmentation and risk areas with minimal guide in the selection of parameters for the applicator. Complex locations are challenging, where the experience and skill of the radiation oncologist is necessary to optimize the process. New developments include imaging innovated uses. Intraoperative imaging will approach reality and allow real time, dosimetry estimations, stereotactic recognition of patient and tumor bed position, will guide automatization of radiation beam recognition and pre-robotic arrangements with linear accelerator movements.ConclusionsRADIANCE offers a new imaging expansion for IOERT, in the context of a multidisciplinary approach to optimize and define the treatment parameters to approximate the actual treatment radiotherapy procedure.     

When to use what: Methods for weighting and aggregating sustainability indicators

ContextSustainability indices (SIs) have become increasingly important to sustainability research and practice. However, while the validity of SIs is heavily dependent on how their components are weighted and aggregated, the typology and applicability of the existing weighting and aggregation methods remain poorly understood.ObjectivesTo close the knowledge gap regarding when to use which weighting and aggregation methods for constructing SIs, we review the most commonly used methods for weighting and aggregating SIs, discuss their benefits and drawbacks, and suggest a process-oriented approach for choosing appropriate weighting and aggregation methods depending on research objectives.MethodsOur review synthesis was based on peer-reviewed journal articles, books, and reports by international organizations, governmental agencies, and research institutions. After carefully examining their principles, characteristics, and applications, we selected and classified the frequently used methods for indicator weighting and aggregation.ResultsWe systematically discuss the benefits and drawbacks of nine weighting methods and three aggregation methods. We propose a four-step process for choosing the most suitable weighting and aggregation methods based on: research purposes, spatial and temporal scales, and sustainability perspectives.ConclusionsIn this research, we chose the most commonly used methods for weighting and aggregating SIs and analyzed the characteristics, strengths and weaknesses of each method. We found that choosing appropriate weighting and aggregation methods for a specific sustainability assessment project is an extremely important and challenging task. To meet this challenge, we propose a process-oriented approach for properly selecting methods according to the purpose, scale and sustainability concept. This approach can facilitate the proper selection of these methods in sustainability research and practice.     

2001: New name to reflect wider scope Online-First in LINK now available

Starting with Volume 24 in 2001, with a new name and new editorial board the publisher also introduces wider scope, again strictly peer-reviewed articles and Online First, the feature in LINK that guarantees fast publication and international visibility through Springer-Verlag and LINK, the leading electronic journals service. With Online First articles can be published in electronic form weeks before distribution of the print journal – even before the issue and page numbers have been assigned. Publication of an article in a print journal usually takes several months. Even when peer-reviewing, revisions, final acceptance, typesetting and proof-reading have been completed, the paper cannot be printed immediately, but must wait until the “next available issue”. For technical reasons, a printed journal has to have a minimum number of pages, and issues are also published according to an annual schedule. Online First articles are published within the LINK service in a temporary directory. For the publication in the printed version, only the final page numbers, the citation line and the online publication date will be added. This is not a preprint service, the publications are in their final form. Authors will have been informed that after electronic publication they cannot change the contents of an article and that the articles cannot be withdrawn. Publication date of the article is the Online Publication Date, which is indicated in LINK as well as in the printed article. Bioprocess and Biosystems Engineering now provides an even more attractive international forum to facilitate the discussion between engineering and biological science to find efficient solutions in the development and improvement of bioprocesses. The aim of the journal is to focus more attention on the multidisciplinary approaches for integrative process design based on the hierarchical structure and de-composability of biosystems leading to analysis and synthesis. Contributions are targeted at new approaches for rational and evolutive design of cellular systems by taking into account the environment and constraints of technical production processes, integration of recombinant technology and process design, as well as new hybrid intersections such as bioinformatics and process systems engineering. The journal publishes Original Papers, Short Communications and Mini Reviews. Fields of interest are: Bioprocess Engineering, Biocatalysis, Metabolic Engineering, Rational and Evolutive Design of Biosystems, Functinal Genomics, Application of Biosystems Engineering to Medicine. The Editor-in-chief