Extended jurisdiction and the management of Pacific highly migratory species

Abstract

The Pacific region is the most important producer of tropical tuna in the world. Three subregions account for the production: Pacific Latin America, the Pacific Islands region, and Southeast Asia. Prior to the UN Third Conference on the Law of the Sea, the Tuna Fisheries in the subregions were the preserve of developed distant water fishing nations. The situation has now been entirely reversed, with coastal state jurisdiction and control being realized in all three subregions. It is argued that American opposition to coastal state jurisdiction over tuna resources acted as a goad to the coastal states in Pacific Latin America and the Pacific Islands region in their quest for greater control over tuna resources. There are prospects of cooperation developing among the three Pacific subregional tuna producers. It is argued further that American action may have inadvertently accelerated the progress toward cooperation.     

The new ocean regime and Japan

Abstract

Japan is an island nation which is heavily dependent upon the surrounding seas for food, importation of raw materials, exportation of finished products, and for national security. Japan is also the world's largest fishing and shipping nation, which poses certain problems and imposes special responsibilities on her. Japan has traditionally followed the principle of freedom of the high seas, but under the external pressure of developments at UNCLOS III and unilateral actions by other states, Japan has been forced to accept and accommodate herself to the new concept of transit passage through international straits, the twelve nautical mile territorial sea, and the two hundred nautical mile exclusive economic zone, which were perceived as contrary to her national interests. However, Japan is adapting to the new ocean regime that is emerging from both customary and conventional international law, because she has confidence that a stable regime is more important in the long run than some short‐term advantages that might be obtained through the absence of any regime. Furthermore, as one of the highly developed nations of the world, Japan feels a special responsibility to play an effective role in aiding and assisting the developing nations of the world.     

Geographic limitations in the movement of Deep‐Draft tankers between the Indian and pacific oceans

Abstract

The need to move increasing volumes of petroleum over long distances has stimulated the construction of a large fleet of tankers of unprecedented dimensions. The extraordinarily deep drafts of these ships have necessitated a reevaluation of the extent of navigable ocean. Because some major shipping lanes are closed to their movement, alternative routes have developed. For this study, hydrographic charts of the passages between the Indian and Pacific oceans were examined in detail and special purpose maps were constructed. The patterns illustrate the categories of negative ocean, open ocean, and ocean conditional for the movement of deep‐draft ships. Actual and potential routeways for deep‐draft ships past Southeast Asia are identified and the limitations of the Malacca/Singapore straits are described in greater detail.     

Population genetic evidence for the east–west division of the narrow-barred Spanish mackerel (<Emphasis Type="Italic">Scomberomorus commerson,</Emphasis> Perciformes: Teleostei) along Wallace’s Line

Mitochondrial DNA D-loop (control) region (426-bp) was used to infer the genetic structure of Spanish mackerel (Scomberomorus commerson) from populations in Southeast Asia (Brunei, East and West Malaysia, Philippines, Thailand, Singapore, and China) and northern Australia (including western Timor). An east–west division along Wallace’s Line was strongly supported by a significant AMOVA, with 43% of the total sequence variation partitioned among groups of populations. Phylogenetic and network analyses supported two clades: clade A and clade B. Members of clade A were found in Southeast Asia and northern Australia, but not in locations to the west (Gulf of Thailand) or north (China). Clade B was found exclusively in Southeast Asia. Genetic division along Wallace’s Line suggests that co-management of S. commerson populations for future sustainability may not be necessary between Southeast Asian nations and Australia, however all countries should share the task of management of the species in Southeast Asia equally. More detailed genetic studies of S. commerson populations in the region are warranted.     

<Emphasis Type="Italic">Capsicum</Emphasis> Use in Cambodia: The Continental Region of Southeast Asia Is Not Related to the Dispersal Route of <Emphasis Type="Italic">C. frutescens</Emphasis> in the Ryukyu Islands

Capsicum Use in Cambodia: The Continental Region of Southeast Asia Is Not Related to the Dispersal Route of C. frutescens in the Ryukyu Islands. The local nomenclature and use of Capsicum by Khmer and other ethnic groups in Cambodia and the distribution of the diagnostic ShDH-B isozyme pattern of C. frutescens were studied. People in Cambodia use Capsicum in various ways, not only as a condiment but also as a vegetable, a medicine, and a colorant, and in popular beliefs, agricultural rituals, taboos, and rice malt. The findings showed that the ShDH-B phenotype may not have occurred as a mutation in Asia but in the Americas and then was introduced to Asia. Also, the ShDH-B phenotype is distributed in the insular regions of Southeast and East Asia and Oceania, but seems not to be distributed in the continental region of Southeast Asia. One possible hypothesis is that C. frutescens possessing the ShDH-B phenotype was introduced directly from the Americas via Oceania to the Philippines, and it thereafter dispersed into the insular regions.     

Cooperation or Conflict in a Changing Arctic?

The possibility of conflict among nations has dominated discussions of the future of the Arctic. Are there no opportunities for cooperation? This article explores the avenues and incentives for Arctic cooperation through the common issues outlined in the strategy statements of the five coastal Arctic states. Incentives to cooperate can be found in all the thematic areas examined: sovereignty, scientific research, resource development, shipping, and environmental concerns. Cooperation is already occurring on some salient issues. Additional cooperation may occur as issues become increasingly pressing. From this perspective, Arctic conflict is by no means inevitable. Numerous avenues for cooperation exist.     

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.     

Dawyck Botanic Garden: the Heron Wood cryptogamic project

Background: Arundinarieae are a large tribe of temperate woody bamboos for which phylogenetics are poorly understood because of limited taxon sampling and lack of informative characters.

Aims: This study assessed phylogenetic relationships, origins and classification of Arundinarieae.

Methods: DNA sequences (plastid trnL-F; nuclear ITS) were used for parsimony and Bayesian inference including 41 woody bamboo taxa. Divergence dates were estimated using a relaxed Bayesian clock.

Results: Arundinarieae were monophyletic but their molecular divergence was low compared to the tropical Bambuseae. Ancestors of the Arundinarieae lineage were estimated to have diverged from the other bamboos 23 (15–30) million years ago (Mya). However, the Arundinarieae radiation occurred 10 (6–16) Mya compared to 18 (11–25) Mya for the tropical Bambuseae. Some groups could be defined within Arundinarieae, but they do not correspond to recognised subtribes such as Arundinariinae or Shibataeinae.

Conclusions: Arundinarieae are a relatively ancient bambusoid lineage that underwent a rapid radiation in the late Miocene. The radiation coincides with the continental collision of the Indo-Australian and Eurasian Plates. Arundinarieae are distributed primarily in East Asia and the Himalayas to northern Southeast Asia. It is unknown whether they were present in Asia long before their radiation, but we believe recent dispersal is a more likely scenario.     

Larval development of the invasive charru mussel,Mytella strigata (Bivalvia: Mytilidae)

ABSTRACT

The South American charru mussel, Mytella strigata, was recently recorded in Singapore waters, possibly introduced into Southeast Asia through shipping. The mussels have rapidly spread across estuarine coastal mudflats. Adult mussels were collected, spawned in aquaria and larvae were successfully cultured to the juvenile stage in the laboratory. The larval morphology and development of M. strigata is described in this paper. D-shaped veligers were produced within 20 h of fertilization and were approximately 75 µm in shell length. These larvae were capable of settlement two weeks post fertilization. Given an adequate amount of food, they were able to grow up to 1 mm in shell length within 30 days. The larval shell of M. strigata possesses anterodorsal G2 hinge teeth as distinct wavy ledges, with a pitted resilial ridge clearly evident in the juvenile shell.     

Plant conservation legislation and policy in Scotland

Summary

There is a range of legislation and policy relating to plant conservation in Scotland, including international, European and domestic measures (Scottish Office, 1998). There are, in addition, opportunities and challenges for plant conservation as a result of devolution. This paper reviews examples taken from the range of current policies and laws to illustrate both where these have been beneficial and where they have not been so successful for plant conservation, and offers some views on what lessons have been learnt from these actions.     

Invasive species in Southeast Asia: the knowledge so far

This review deals with alien species invasion in Southeast Asia, an important conservation and management concern in the region. I report on the current and potential future impacts of biological invasions on biodiversity in Southeast Asia. Current knowledge of the invasive species in Southeast Asia is mostly based on anecdotal observations. Nevertheless, I attempt to compile existing empirical evidence on the negative effects of the biological invaders found in the region. These impacts include displacement of native biota, modification of ecosystems, hybridization, environmental disturbance, and economic loss. Any effective counter-measure will need to involve a multi-national strategy, yet such measure is challenging due to a broad spectrum of political and economic development models among the Southeast Asian countries. An overview of the taxonomic structure of the invasive species in Southeast Asia shows that the invasive plant and fish are the most represented taxonomic groups in all countries. The current research effort in invasion ecology from Southeast Asia is not being up to international standard in comparison to other regions, and the absence of recent international journal articles on invasive plant species reveals the biases in biological invasion-related research. The lack of research capacity and financial support from governments, and the inability to disseminate scholarly data in international journals are the possible reasons for the dearth of research literature on biological invasions from the region. Finally, a forward-looking agenda for the region should include improving the quality and quantity of biological invasion research; adopting a tough approach to the illegal release of wildlife; and applying multi-national strategies that integrate data sharing, prioritization, public awareness, policy work, capacity building, conservation actions and surveillance.     

Southeast Asian biodiversity: an impending disaster

Southeast Asia has the highest relative rate of deforestation of any major tropical region, and could lose three quarters of its original forests by 2100 and up to 42% of its biodiversity. Here, we report on the current state of its biota and highlight the primary drivers of the threat of extinction now faced by much of the unique and rich fauna and flora of the region. Furthermore, the known impacts on the biodiversity of Southeast Asia are likely to be just the tip of the iceberg, owing to the paucity of research data. The looming Southeast Asian biodiversity disaster demands immediate and definitive actions, yet such measures continue to be constrained by socioeconomic factors, including poverty and lack of infrastructure. Any realistic solution will need to involve a multidisciplinary strategy, including political, socioeconomic and scientific input, in which all major stakeholders (government, non-government, national and international organizations) must participate.     

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 Legal Regime Governing Sea Transport of Ultrahazardous Radioactive Materials

Although the international community has taken some steps to address the risks created by the movements of ultrahazardous radioactive cargoes, important gaps still exist in the legal regime governing these activities. An apparent consensus has been reached at the International Maritime Organization (IMO) to make the Code for the Safe Carriage of Irradiated Nuclear Fuel, Plutonium, and High-Level Radioactive Wastes in Flasks Aboard Ships (the INF Code) mandatory and to seek some clarification of the standards governing shipboard safety. But still lacking are agreements regarding salvage responsibilities, liability of shippers for damages, revision of transport cask safety standards to meet maritime accident conditions, obligations to consult regarding the best routes and to provide advance notification to concerned coastal states, the preparation of environmental assessments, and contingency planning to handle shore emergencies and salvage responsibilities. Until agreements are reached on these important matters, the shipment of these extremely dangerous or "ultrahazardous" materials will continue to violate fundamental norms of international law and comity because they place coastal nations that receive no benefit from the shipments at grave risk of environmental disaster without any legal protections. Because the shipments of ultrahazardous radioactive cargoes are increasing, it is highly advisable for concerned nations to negotiate regional protocols delineating the legal regime that applies to these maritime transports. A draft model protocol is attached at the end of this article which may provide guidance on this effort. It is also appropriate for concerned nations to consider bringing a claim against the shipping nations under the dispute resolution mechanisms established by the 1982 United Nations Law of the Sea Convention. Such a claim would be based on the failure of the shipping nations to comply with their obligations under the convention to prepare and distribute environmental impact assessments, consult with affected nations, prepare emergency contingency plans, and agree to an effective liability regime in the event of an accident. Because of the grave potential risks created by these shipments and because of the failure of the shippers to meet their obligations to protect coastal nations from these risks, coastal nations may be justified under international law to take unilateral or regional action to block future shipments.     

International opportunities on the way up: alternative career paths of descendants of migrants from Turkey in the field of professional business services

ABSTRACT

This qualitative study examines the career paths of descendants of labour migrants from Turkey in the field of professional business services. Through in-depth interviews with upwardly mobile professionals in leading positions, the article presents evidence from four countries (France, Germany, the Netherlands and Sweden). Respondents reflect on their professional career as a process constituted through personal interactions while displaying their perceptions of restrictive national conditions that affect their professional success in this field. There seem to be three discernible “ideal type” alternative career paths for newcomers. First, the corporate career path consists of building a widely recognized “international” profile. The second alternative is a “niche” path that emerges by making use of one’s individual background in order to climb up the corporate ladder. Finally, there is a path of self-employment for individuals who have experienced blocked opportunities and therefore want to become “independent” of corporate hierarchies.     

The Importance of Ship Hull Fouling as a Vector of Species Introductions into the North Sea

Ships have long been recognized as a major vector for the introduction of non-native and harmful organisms. From 1992 to 1996 a shipping study was undertaken in Germany, focusing on the fauna transported by ships, to assess the importance of species introductions by international shipping traffic. Ballast water, tank sediment or hull fouling of 186 vessels was sampled. A total of 257 species were identified, ranging from Foraminifera to Teleostei, and 57% of the species sampled were considered to be non-native to the North Sea region, originating from elsewhere in the world including the north eastern Atlantic (west of the English Channel). Non-native species were recorded in 38% of all ballast water samples, 57% of all sediment samples and 96% of all hull samples, indicating that hull fouling is an important vector of introduction. Four species (1.6%) of unknown origin (cryptogenic species) were identified. The potential for establishment in the North Sea region of all non-native species found was classified into three categories based on the degree of similarity of climatic conditions in the North Sea and the donor region. Based on this criterion 19 of the species found in the fouling communities on ships' hulls were deemed to have a high potential for establishment in the North Sea.     

Copal and rattan collecting in the Philippines

Minor forest products such as rattan and Manila copal have long been an important source of cash income for indigenous forest collectors in Southeast Asia. Focusing on the Tagbanua of Palawan Island in the Philippines, the history and economic significance of forest collecting in the region are described. The paper also documents the growing scarcity of forest products in Palawan and discusses several policy options intended to help preserve rattan and copal resources.

     

Global human security in the post–COVID-19 era: The rising role of East Asia

Kenji Shibuya and coauthors discuss the potential contribution of East Asian countries to global health in the light of COVID-19.

Summary points

• East Asia, comprising the 10 ASEAN countries, China, Japan, and the countries of the Korean peninsula, has achieved comparatively good outcomes during the ongoing Coronavirus Disease 2019 (COVID-19) pandemic.
• This can be explained by sociological imprinting of and learning from past outbreaks, as well as competent governance.
• Concomitantly, East Asian nations have also been expanding capacity in global health development and diplomatic outreach, although there is as yet no coherent regional bloc vision, shared strategy, or a common set of operating principles, thus limiting synergistic impact.
• We believe that concrete next steps to bolster cooperation and extend influence could include the establishment of an East Asian Center for Disease Control, joint work in health and human security by the Asian Development Bank (ADB) and Asian Infrastructure and Investment Bank, and a region-wide research funding programme.
• Much, however, depends on evolving geopolitics writ large, notably the instability and reorientation of global alliances, which have the potential to adversely affect relations between neighbouring East Asian member states.
• Health diplomacy for global human security has the potential to become a stabilising influence and can be a topic around which all actors can more comfortably rally.

While the constituent countries of East Asia share common elements of history and culture, there is great diversity and rapid transition in social systems, economic development, demography, and epidemiological profiles (S1 Table). These factors fundamentally lead to the full range of major global health challenges, including those concerning epidemics and pandemics of novel and reemerging pathogens.Here, in the light of Coronavirus Disease 2019 (COVID-19), we discuss East Asia’s experience in this and past major outbreaks, its capacity and willingness to share best practice and support global health development, and the regional bloc’s potential in reshaping the global architecture for human security.Geographically and ethnoculturally, East Asia has conventionally referred to the region comprising China, Japan, Republic of Korea (South Korea), Democratic People’s Republic of Korea (North Korea), and Mongolia. More recently, the term has been broadened to encompass Southeast Asia (viz the 10 member states of ASEAN, the Association of South East Asian Nations), largely due to expanded regional economic cooperation and latterly for geopolitical reasons.     

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.