“Openness” and Article 76 of the Law of the Sea Convention: The Process Does Not Need to Be Adjusted

The establishment of the outer limits of the continental shelf beyond 200 nautical miles under Article 76 of the United Nations Convention on the Law of the Sea, which requires states to submit information to the Commission on the Limits of the Continental Shelf (CLCS), is a complex and costly process. States have an interest in being aware of the kind of information that the Commission is expecting to receive. States also have an interest in being able to assess whether the coastal state in establishing these outer limits has acted on the basis of the recommendations of the Commission, as is required by the Convention. Both these issues have led to calls for greater “openness” with respect to the consideration of submissions by the CLCS. This article takes a close look at the proposals that have been advanced to accomplish greater openness and concludes that there is no need to change the current process, which offers sufficient opportunities to deal with the above-mentioned concerns. It is further concluded that the proposed changes in any case do not stand any chance of being adopted.     

Submarine Ridges and Elevations of Article 76 in Light of Published Summaries of Recommendations of the Commission on the Limits of the Continental Shelf

Several of the summaries of recommendations of the Commission on the Limits of the Continental Shelf contain recommendations involving the application of the provisions of Article 76 of the 1982 UN Convention on the Law of the Sea with respect to a class of morphological features that can best be described as seafloor highs. The application of these provisions requires the classification of such features into one of the three categories of seafloor highs: oceanic ridges of the deep ocean floor, submarine ridges, and submarine elevations that are natural components of the continental margin. The summaries of the CLCS recommendations provide guidance on the approach that has been adopted for the application of these provisions. Furthermore, the summaries give insight into the principles by which the CLCS is guided in considering the submerged prolongation of the landmass of a coastal state and the delineation of the outer limits of its continental shelf beyond 200 nautical miles, and the importance of determining the foot of the continental slope at its base in this connection.     

Submarine Elevations and Ridges: Wild Cards in the Poker Game of UNCLOS Article 76

Submarine elevations and ridges present an array of definitional uncertainties to coastal states that are engaged in the high-stakes process of delimiting extended continental shelves. Faced with the imprecise terminology of Article 76, with the nonspecific wording of the Scientific and Technical Guidelines of the Commission on the Limits of the Continental Shelf (CLCS), and with the Commission's rules of confidentiality that hamper the open exchange of information concerning ridge and elevation assessments in previous continental shelf implementations, a coastal state needs to develop its own evaluations of what might and might not pass the “test of appurtenance.” Significant components of a continental shelf submission might thus be formulated on the basis of these national evaluations, only to have the CLCS question them, which could necessitate a potentially expensive and time-consuming reworking of the submission. This article outlines the ramifications of this wild card effect.     

Stored Guthrie cards as DNA "banks".

Recently there has been much discussion about the possibility of using dried blood spots on Guthrie cards as a source of DNA for research or testing purposes. The collections of Guthrie cards stored by state newborn-screening laboratories can thus be viewed as inchoate "DNA banks." This has generated concern among some persons who are interested in preserving the privacy of medical records. This study examines the policies of state newborn-screening laboratories in the United States, regarding their retention of Guthrie cards and the degree to which they permit the sharing of those cards with various third parties. We found that although most laboratories retain their cards, if at all, for only a short time, a growing number plan to keep them for an extended period--and, in several cases, indefinitely. We also found that although most laboratories would decline to release individually identifiable blood spots from the cards to third parties without a written release or other explicit authorization, a large number would at least consider sharing anonymous cards for research purposes.     

Sex selection in India: Why a ban is not justified

When widespread use of sex‐selective abortion and sex selection through assisted reproduction lead to severe harms to third parties and perpetuate discrimination, should these practices be banned? In this paper I focus on India and show why a common argument for a ban on sex selection fails even in these circumstances. I set aside a common objection to the argument, namely that women have a right to procreative autonomy that trumps the state's interest in protecting other parties from harm, and argue against the ban on consequentialist grounds. I perform a pairwise comparative analysis of sex selection and its plausible alternatives and argue that that the ban fails to improve the state of affairs relative to a scenario without a ban. The ban makes the situation worse, especially for mothers and their daughters. India should therefore repeal its ban on sex selection.     

Wheat Germ Lectin Sorption by Chitosan Polyelectrolyte Complexes

The possible application of polyelectrolyte complexes (PEC) of chitosan and copolymers of maleic acid with N-vinylpyrrolidone, styrene, and ethylene and/or cross-linked chitin sorbents (CLCS) synthesized on the basis of PEC for sorption of wheat germ lectin (WGL) was studied. The synthesis of spherically granulated sorbents was shown. Compared to unmodified chitosan, there was a significant increase in sorption capacity of WGL by the sorbents: PEC, 2.5-fold, and CLCS, from 3.5-fold to 7-fold.     

Interpretation and Application of Article 298 of the Law of the Sea Convention in Recent Annex VII Arbitrations: An Appraisal

Article 298 of the UN Convention on the Law of the Sea allows state parties to exclude certain categories of disputes from the compulsory procedures entailing binding decisions. This provision serves as a “safety valve” by excluding sensitive issues mainly related to sovereignty. This article examines the three recent Annex VII Arbitral Awards (the South China Sea Arbitration; the Arctic Sunrise Arbitration; and the Chagos Marine Protected Area Arbitration) that assessed the interpretation and application of Article 298.     

Third‐party punishers are rewarded,but third‐party helpers even more so

Punishers can benefit from a tough reputation, where future partners cooperate because they fear repercussions. Alternatively, punishers might receive help from bystanders if their act is perceived as just and other‐regarding. Third‐party punishment of selfish individuals arguably fits these conditions, but it is not known whether third‐party punishers are rewarded for their investments. Here, we show that third‐party punishers are indeed rewarded by uninvolved bystanders. Third parties were presented with the outcome of a dictator game in which the dictator was either selfish or fair and were allocated to one of three treatments in which they could choose to do nothing or (1) punish the dictator, (2) help the receiver, or (3) choose between punishment and helping, respectively. A fourth player (bystander) then sees the third‐party's decision and could choose to reward the third party or not. Third parties that punished selfish dictators were more likely to be rewarded by bystanders than third parties that took no action in response to a selfish dictator. However, helpful third parties were rewarded even more than third‐party punishers. These results suggest that punishment could in principle evolve via indirect reciprocity, but also provide insights into why individuals typically prefer to invest in positive actions.     

Coastal States in the South China Sea and Submissions on the Outer Limits of the Continental Shelf

The purpose of this article is to examine the outer continental shelf submissions made by the coastal states of the South China Sea and their potential impact on legal and political developments in the South China Sea. In accordance with the United Nations Convention on the Law of the Sea of 1982 and the guidelines of the Commission on the Limits of the Continental Shelf, coastal states are to establish the outer limits of their continental shelf where it extends beyond 200 nautical miles. Meeting this obligation is complicated in enclosed or semienclosed seas where there are maritime disputes such as in the South China Sea.     

Mahale chimpanzees: grouping patterns and cycling females

The social system of chimpanzees (Pan troglodytes schweinfurthii) is characterized by the fission-fusion of social groups. Several studies have reported that females are less gregarious than males. In the current study, adult female gregariousness depended on their reproductive state. Noncycling adult females (pregnant, lactating, or post reproductive) were observed in large bisexual parties less often than cycling adult females. On the other hand, cycling adult females were observed in large bisexual parties as often as males, regardless of their estrous state. More males were in parties that included cycling adult females with maximal genital swelling (estrous females) than in parties without them. Moreover, a bisexual party including more estrous females contained more males. These results suggest that large bisexual parties of chimpanzees are constructed by a dual mechanism. First, cycling adult females are attracted to parties that consist of the top ranking male and large numbers of adult and adolescent males. Second, adult and adolescent males that did not belong to parties originally are attracted by estrous females and join them. Thus, in Mahale Mountains National Park, Tanzania, bisexual parties of chimpanzees can be characterized as "parties for reproduction."     

Post-conflict Social Events in Wild Mountain Gorillas. II. Redirection,Side Direction,and Consolation

Inevitably, members of primate groups sometimes have aggressive contests with each other. Targets of aggression can engage in several types of interaction with third parties to ameliorate its adverse effects. They can redirect aggression, which may reduce the risk of further aggression from the initial opponents and reduce tension, or they can initiate affinitive interactions with third parties, in order to seek protection or reassurance. They can also receive reassuring acts from them (‘consolation’). Researchers have documented high levels of redirection in many primate species, but consolation is thus far known only in chimpanzees. Data on post-conflict social interactions between targets of aggression and third parties in two groups of wild mountain gorillas (Gorilla gorilla beringei) show that immatures and subordinate males, but not females, redirect aggression at high rates. Furthermore, immatures seek affinitive interactions with their mothers, and adult females seek them with adult males, at elevated rates. Affinitive interactions between females and males seem mainly to have a protective function and are associated with decreased risks of further aggression between female opponents. Redirection by females after female-female conflicts may be uncommon because targets commonly retaliate against aggressors. Males may offer females protection and consolation as services, and the results support the argument that such services are important when dominance relationships between females are often undecided and retaliation between opponents is common.     

Disputed Areas and the 10-Year Time Frame: A Legal Lacuna?

Where a coastal state intends to delineate, in accordance with Article 76 of the 1982 Law of the Sea Convention, the outer limits of its continental shelf beyond 200 nautical miles, it is to submit scientific and technical data of such proposed limits to the Commission on the Limits of the Continental Shelf within 10 years of the entry into force of the Convention for that state. This obligation has subsequently been subject to a general de facto amendment by which the commencement of the 10-year time frame has been postponed to May 13, 1999, for the states for which the Convention had entered into force prior to the above date. This article discusses whether any provision in the Convention, any subsequent agreement, or any subsequent practice render inoperative the 10-year time frame with regard to those parts of the outer continental shelf that are disputed areas. It is concluded that nothing in the Convention, no subsequent agreements, and no subsequent practice allow for derogation of the 10-year time frame with regard to disputed areas.     

From autonomy to accountability: the role of clinical practice guidelines in professional power

Evidence-based medicine (EBM) aims to address the persistent problem of clinical practice variation with the help of various tools, including standardized practice guidelines. Based on a systematic evaluation of the available scientific evidence, these guidelines offer recommendations for clinicians about details of patient care and clinical decision making. Because clinical practice guidelines specify how health care should be performed, they could be considered a threat to clinical and professional autonomy. Inspired by the theory of countervailing powers, this article explores how clinical practice guidelines have shifted the focus of professional power from autonomy to accountability. Professional organizations develop clinical practice guidelines as a service to their members but do not require strict adherence to the guidelines. Indeed, implementation studies show at best a modest change in clinical behavior. Such non-adherence might render a profession vulnerable, however, when third parties seize upon guidelines and offer financial incentives to keep clinicians accountable for delivering optimal patient care.     

《生物多样性公约》下的气候变化问题：谈判与焦点

近年来,生物多样性与气候变化的关系逐渐成为《生物多样性公约》下的焦点议题,各缔约方就此问题展开了激烈的多边谈判.本文梳理了《生物多样性公约》下气候变化问题谈判的发展历程,探讨了其中的焦点问题及各方的主要立场,指出以欧盟为代表的发达国家和以巴西、哥伦比亚、中国为代表的发展中生物多样性大国是针锋相对的两大主要谈判集团.谈判...     

Patterns of coalition formation by adult female baboons in Amboseli, Kenya

Coalitionary support in agonistic interactions is generally thought to be costly to the actor and beneficial to the recipient. Explanations for such cooperative interactions usually invoke kin selection, reciprocal altruism or mutualism. We evaluated the role of these factors and individual benefits in shaping the pattern of coalitionary activity among adult female savannah baboons, Papio cynocephalus, in Amboseli, Kenya. There is a broad consensus that, when ecological conditions favour collective defence of resources, selection favours investment in social relationships with those likely to provide coalitionary support. The primary features of social organization in female-bonded groups, including female philopatry, linear dominance hierarchies, acquisition of maternal rank and well-differentiated female relationships, are thought to be functionally linked to the existence of alliances between females. Female savannah baboons display these characteristics, but the frequency and function of their coalitionary aggression is disputed. In our five study groups, 4-6% of all disputes between females led to intervention by third parties. Adult females selectively supported close maternal kin. There was no evidence that females traded grooming for support or reciprocated support with nonkin. High-ranking females participated in coalitionary aggression most frequently, perhaps because they derived more benefits from group membership than other females did or could provide support at lower cost. Females typically supported the higher ranking of two contestants when they intervened in disputes between subordinates, so most coalitions reinforced the existing dominance hierarchy. Results indicate that female baboons participate in coalitionary aggression in a manner strongly influenced by nepotism and individual benefits.     

An Analysis of the Aegean Disputes under International Law

Greece and Turkey have been unable to resolve interrelated disputes in the Aegean Sea involving the breadth of the territorial sea, the delimitation of the continental shelf, the demilitarization of certain islands, and the passage rights of ships and planes. This article examines the historical background of these disputes and offers recommendations for possible solutions.     

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.     

The effects of a weak permanent magnetic field on the lipid composition and content in the onion leaves of various ages

We have studied the effects of a weak permanent magnetic field (PMF) with strength of 403 A/m on the composition and content of polar and neutral lipids and the composition of their fatty acids (FAs). The lipids were isolated from the third, fourth, and fifth leaves of onion (Allium cepa L., cv. Arzamasskii) plants, and their composition was determined using TLC and GLC techniques. Plants growth under the conditions of a natural geomagnetic field served as a control. Most intense changes in the lipid content induced by PMF were observed in the fourth onion leaf. The content of total lipids and that of polar lipids (glyco-and phospholipids) changed, whereas the content of neutral lipids either decreased or remained unchanged. The phospholipid/sterol ratio increased, causing an increase in the fluidity of the membrane lipid bilayer. PMF induced an increase in the concentration of linolenic acid and the relative content of total unsaturated FAs. The effects of PMF on the content and composition of lipids in the third and fifth onion leaves were less pronounced, demonstrating differences between the leaves of various ages in their sensitivity to the effects of magnetic field. It is concluded that changes in the weak PMF within the limits of changes in the strength of geomagnetic field in the course of evolution can affect biochemical and physiological processes of plants.     

《生物多样性公约》资金问题分析及对我国履约的启示

资金议题一直是《生物多样性公约》关注的热点, 资金机制和资源调动也一直是每届缔约方大会(COP)的常设议题。然而由于资金问题涉及各方政治意愿, 发达国家和发展中国家间存在较大分歧。中国作为最大的发展中国家和COP15主席国, 在资源调动中扮演着重要角色, 需要对资金问题开展更多研究。在这种背景下, 本文阐述了公共资金投入、资金使用效率与效力、对生物多样性有害的资金投入、利益相关方的参与等《生物多样性公约》资金问题重点要素; 分析了是否强调多渠道增资、是否建立新的资金机制、是否取消全部生物多样性有害补贴、具体筹资目标等谈判主要分歧; 提出了加大生物多样性财政资金投入、加强相关部门间资金协同管理, 利用各类金融工具撬动社会资本的生物多样性投入, 降低生物多样性损害风险、加强生物多样性信息披露, 充分发挥市场机制作用、创新融资路径等建议, 以期为中国生物多样性资源调动提供参考。     

Post‐conflict third‐party affiliation in chimpanzees: what's in it for the third party?

Affiliative behavior after conflicts between conflict participants and other group members is common in many primate species. The proposed functions for such triadic interactions are numerous, mostly concerning the benefit for the former conflict opponents. We investigated post‐conflict third‐party affiliation (TPA) in captive chimpanzees (Pan troglodytes) with the aim of assessing what the affiliating third parties may gain from affiliation. Specifically, we tested whether third‐party‐initiated affiliation protects the third parties from further aggression by conflict opponents. We found support for this “self‐protection hypothesis,” in that third parties selectively directed affiliation to those opponents who more often gave further aggression to them, and affiliation effectively decreased their chance of receiving aggression from these opponents. However, a subset of affiliation, provided to conflict victims by their own kin, appeared to not be self‐protective and the function of it remained open. We conclude that chimpanzee third‐party‐initiated affiliation is a more heterogeneous behavior than thus far assumed. Am. J. Primatol. 71:409–418, 2009. © 2009 Wiley‐Liss, Inc.