The Outer Continental Shelf of Coastal States and the Common Heritage of Mankind

The establishment of the outer limits of the continental shelf not only involves the rights and interests of coastal states, but also the interests of the international community as a whole. This article examines this balance between coastal states’ assertions of their outer continental shelf limits and the common heritage of mankind.     

Third Party Intervention in the Commission on the Limits of the Continental Shelf Regarding a Submission Involving a Dispute

The Commission on the Limits of the Continental Shelf (CLCS) was established in accordance with Article 76 of the Law of the Sea Convention. CLCS has the mandate to consider data submitted by coastal states concerning the outer limits of their continental shelf in areas where those limits extend beyond 200 nautical miles and to make recommendations to the submitting state on matters related to the establishment of the limits. For third parties that have actual or potential disputes, unresolved borders, or unresolved land or maritime disputes with the submitting state, the recommendations of the CLCS can be very sensitive. The focus of this article is on the practice of third parties in responding to submissions and how third parties have constructed their Notifications.     

The Seafloor High Issue in Article 76 of the LOS Convention: Some Views from the Perspective of Legal Interpretation

The three categories of the seafloor highs provided for in Article 76 of the 1982 United Nations Convention on the Law of the Sea should be interpreted from the legal perspective and in light of the principle of the natural prolongation. “Oceanic ridges of the deep ocean floor,” which are not part of the natural prolongation of the land territory of the coastal state, are the submarine features that have no geomorphological continuity with the landmass of the coastal state. “Submarine elevations,” which are not only part of the natural prolongation of the land territory of the coastal state but also the natural component of the continental margin, are those submarine features that have geomorphological as well as geological continuity with the landmass of the coastal state. “Submarine ridges,” which are part of the natural prolongation of the land territory of the coastal state but not the natural component of the continental margin, are those submarine features that have geomorphological continuity with the landmass of the coastal state. There are some clear trends as well as obvious variances in the practice of the Commission on the Limits of the Continental Shelf in this regard.     

Ocean energy and the law of the sea: The need for a protocol

Although fossil fuels are the overwhelming source of energy for the world, and will continue to be so for the foreseeable future, demographic, environmental, political, and economic factors indicate that interest in alternative, renewable sources of energy will grow. There is a need for both global and national policies on ocean energy management. In particular, coastal states and the energy industry would benefit from guidelines that helped to create a predictable, stable environment in which long‐term, high‐cost research, development, and investment decisions could be made with confidence. Coastal states have jurisdiction over the maritime zones most relevant to energy production, but many lack the expertise and funds to develop this potential source. Industry must operate within the control of coastal states and will not be served well by a plethora of differing legal interpretations and unilaterally imposed restrictions and obligations from state to state. An Ocean Energy Protocol to the 1982 UN Convention on the Law of the Sea would afford governments and industry the opportunity to clarify their respective obligations and address particular interests for mutual benefit.     

Managing Adjacency: Some Legal Aspects of the Relationship Between the Extended Continental Shelf and the International Seabed Area

The Third United Nations Conference on the Law of the Sea (1973–1982) struck a difficult compromise between the definition of the outer limits of the extended continental shelf (ECS) in relation to the international seabed area (the Area) and the making of payments and contributions by the coastal state in relation to production activities on its ECS in Article 82. The implementation of Article 82 underscores a broader and more far-reaching relationship between the continental shelf, and the ECS in particular, and the Area. In some regions there may be a relationship between the exclusive economic zone and the Area, where there is no ECS. Effectively, the relationship translates into realities and expectations of good neighborliness. This article examines this relationship and the possible approaches for the management of identified challenges.     

The Rejection of a Theoretical Beauty: The Foot of the Continental Slope in Maritime Boundary Delimitations Beyond 200 Nautical Miles

This article addresses maritime boundary delimitation concerning the continental shelf beyond 200 nautical miles. The focal point is how the foot of the continental slope can be used as the point of departure in drawing the provisional equidistance line in outer continental shelf boundary delimitations between neighboring states. The article examines the strength and weaknesses of this approach and asks whether the International Tribunal for the Law of the Sea indirectly rejected this approach in the 2012 Bangladesh v. Myanmar Case.     

The Svalbard Continental Shelf Controversy: Legal Disputes and Political Rivalries

Norway's claim to exclusive rights over the continental shelf surrounding the former terra nullius Arctic archipelago of Svalbard is controversial, with the unclear scope of the Svalbard Treaty recognized as “a main challenge” by Norway's parliament. This article explores the nature of this challenge by: (1) giving an account of the legal basis of the conflict; (2) analyzing its political context, and (3) discussing the contemporary judicial and political processes which may or may not resolve the conflict. This article concludes that the issue seems to escape judicial settlement, rendering the controversy a matter of international politics. With the world's eyes increasingly on the petroleum resources of the Arctic, a clarification over the legal status of the Svalbard shelf is not in sight.     

The Impact of the Law of the Sea Convention on Conflict and Conflict Management in the South China Sea

This article examines the impact of the UN Law of the Sea Convention on conflict behavior and management in the South China Sea during four periods: during its negotiation (1973–1982); from its signing to the entry into force (1982–1994); from then until the China-ASEAN Declaration on the Conduct of Parties in the South China Sea (1995–2002); and from the setting of a timeline for outer limits of continental shelf submissions to the events following the 2009 submissions (2003–2013). Ambiguous effects were found. On the one hand, the Convention has generated or exacerbated conflict by raising the stakes, failing to resolve key legal issues, and encouraging overlapping zone claims. On the other hand, it has provided obligations, language, and techniques for conflict management and resolution. The conflict-enhancing impact was found to have been more substantial than the peace-promoting effects. Nevertheless, the balance has shifted toward more emphasis on conflict management and also some utilization of the Convention's peacemaking potential. If this long-term trend continues and the Convention is more rigorously respected and applied, the Convention may in the end be found to have contributed to regional peace.     

Then and Now: Reappraising Freedom of the Seas in Modern Law of the Sea

The principle of freedom of the seas remains the governing paradigm of the high seas in modern law of the sea. Although the principle, as embraced by the UN Convention on the Law of the Sea (LOSC), is no longer an absolute norm, it continues to present fundamental challenges for achieving effective conservation on the high seas as it stands in direct contrast to the conservation duty imposed on states by LOSC. The recent UN General Assembly resolution calling for the adoption of a further Implementing Agreement under LOSC to address conservation on the high seas, highlights the need to build a new ethos for management of the high seas, which will require states to loosen their firm grip on the Grotian doctrine. This article seeks to contribute toward shifting attitudes in relation to the principle of freedom through an examination of the nature and scope of the principle in its historic context and in contemporary law of the sea.     

The U.N. convention on the law of the sea and military interests in the indian ocean

Abstract

The U.N. Law of the Sea Convention, ambiguous on military uses of the ocean space, weakens the legal basis for the maritime powers to pursue freely their military objectives in the oceans. Repudiation of the Convention by the United States will accelerate the creeping jurisdiction of the littoral states. The Convention enhances the security of the littoral states of the Indian Ocean, all of whom have only limited blue‐water capabilities and have sought to contain the military intrusions of the superpowers into the Indian Ocean.     

The Interpretation of Article 121(3) of UNCLOS by the Tribunal for the South China Sea Arbitration: A Critique

The interpretation of Article 121(3) of the 1982?U.N. Convention on the Law of the Sea (UNCLOS) was a key part of the Sino-Philippine Arbitration on the South China Sea Award issued in July 2016. This article uses the principles of treaty interpretation codified in Article 31 of the 1969 Vienna Convention on the Law of Treaties to evaluate the interpretation process. The Tribunal paid little attention to the text such as “rocks” in the plural form and overlooked the context of Article 121(3). The travaux préparatoires identified by the Tribunal was based on materials of doubtful weight.     

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.     

The law of the sea and the prospects for deep seabed mining: The position of the European community

This article explores the options that the Norwegian government has when it comes to the management of harvesting a new resource (redfeed) in the politically tense area surrounding Svalbard. The article argues that, by preparing a blueprint regime solely for redfeed rather than allowing the resource to be a catalyst for conflict, the impacts of introducing the fishery will be less dramatic.     

Relationships between macrophytic vegetation and physical features of river habitats: the need for a morphological approach

The aim of this paper is to study the relationships between the physical features of rivers and the distribution of macrophyte vegetation. Field work was undertaken at 207 stations along the Scorff River and its tributaries, a salmon river system in southern Brittany (western France). The physical features were considered using a principal component analysis (PCA). Stepwise multiple regression models made it possible to assess their relationships with the botanical data. The first five axes of the physical PCA (used as explicative variables) were initially linked to the most frequently surveyed species, then to their eco-morphological types, and, finally to Arber’s (1920. Water Plants. A Study of Aquatic Angiosperms. Cambridge Univ. Press, Cambridge, 414 pp) morphological classification. It was concluded that plant morphology was closely related to these environmental factors. This could contribute to the development of predictive models for plant distribution and could increase the knowledge of reference vegetation related to bioindication systems.     

The tale of tail-anchored proteins: coming from the cytosol and looking for a membrane

A group of integral membrane proteins, known as C-tail anchored, is defined by the presence of a cytosolic NH2-terminal domain that is anchored to the phospholipid bilayer by a single segment of hydrophobic amino acids close to the COOH terminus. The mode of insertion into membranes of these proteins, many of which play key roles in fundamental intracellular processes, is obligatorily posttranslational, is highly specific, and may be subject to regulatory processes that modulate the protein's function. Although recent work has elucidated structural features in the tail region that determine selection of the correct target membrane, the molecular machinery involved in interpreting this information, and in modulating tail-anchored protein localization, has not been identified yet.     

The General Dispute Settlement System of the UN Convention on the Law of the Sea: Overview,Context, and Use

This article provides an introduction to the contributions in this special issue of Ocean Development & International Law. It offers an overview of the dispute settlement provisions of the UN Convention on the Law of the Sea, placing them in the context of dispute settlement in international law generally, and explaining the extent to which they have been used so far.     

不同生态保护地植物特征和土壤性质的对比研究——以黑河中游湿地为例

选择黑河中游张掖国家湿地公园和张掖黑河湿地国家级自然保护区为研究对象,对比分析了植物组成、物种多样性、植物生长状态、土壤养分、土壤理化性质及植物土壤间关系。结果显示:湿地公园的植物高度和土壤养分含量(有机碳、全氮、速效氮、全磷、速效钾)显著高于自然保护区,土壤理化性质含量(容重、pH)显著低于自然保护区,表明湿地公园有利于植物生长发育、土壤养分固存、改善土壤质地;自然保护区的植物科属种、多度、物种多样性(多样性指数、丰富度指数、均匀度指数)显著高于湿地公园,表明自然保护区有利于维持植物多样性;两种保护地中影响植物多样性的土壤因子不同,湿地公园物种多样性与土壤全磷和速效磷显著正相关,而自然保护区物种多样性与土壤盐分显著负相关。     

A top-down linguistic approach to the analysis of genomic sequences: The metabotropic glutamate receptors 1 and 5 in human and in mouse as a case study

This paper presents a top-down strategy to detect features in genomic sequences. The strategy's core is to exploit dictionary-based compression algorithms and analyse the content of the automatically generated dictionary. We classify the different over-represented segments and in the case study we correlate them to experimentally identified or theoretically forecasted biological features. A large spectrum analysis reveals that the only feature co-located with the a priori extracted segments is the torsional flexibility of DNA, while non-B DNA configurations are anti-localized and other features are mostly independent of the extracted sequences. This analysis unravels complex relationships between the linguistic structures investigated under our approach and some known biological features.     

Ecological restoration and recovery in the wind-blown sand hazard areas of northern China: relationship between soil water and carrying capacity for vegetation in the Tengger Desert

The main prevention and control area for wind-blown sand hazards in northern China is about 320000 km2 in size and includes sandlands to the east of the Helan Mountain and sandy deserts and desert-steppe transitional regions to the west of the Helan Mountain.Vegetation recovery and restoration is an important and effective approach for constraining wind-blown sand hazards in these areas.After more than 50 years of long-term ecological studies in the Shapotou region of the Tengger Desert,we found that revegetation changed the hydrological processes of the original sand dune system through the utilization and space-time redistribution of soil water.The spatiotemporal dynamics of soil water was significantly related to the dynamics of the replanted vegetation for a given regional precipitation condition.The long-term changes in hydrological processes in desert areas also drive replanted vegetation succession.The soil water carrying capacity of vegetation and the model for sand fixation by revegetation in aeolian desert areas where precipitation levels are less than 200 mm are also discussed.     

Contamination of a dredged material disposal site La Rochelle Bay,France .The use of the acetylcholinesterase activity of Mytilus edulis L. as a biomarker of pesticides: the need for a critical approach

A single aspect of the toxic impact of a dredged material disposal site located near a mussel-farming zone was followed for eight months. Acetylcholinesterase activity (AChE) of Mytilus edulis was investigated as a biomarker for possible contamination by neurotoxic compounds (carbamates and/or organophosphorous pesticides). Our observations showed that the enzymatic activities (including AChE) of these harbour mussels were decreased in sites directly and indirectly influenced (according to hydrodynamic conditions) by the dumping of dredged sediments, suggesting possible contamination by pesticides. The strong correlations observed between AChE activity and growth parameters (length and weight) seems to show, however, that the enzyme activity is also indirectly controlled through growth restriction, which may imply limitation of the development of the nervous system in juveniles. The concentration of total proteins, as well as the spawning process also seem to disturb the assessment of AChE activity. These field observations clearly indicate that the use of this enzyme activity as a biomarker should proceed with caution. For example, the seasonal variability of such activity should be taken into account in a biomonitoring programme.