Brazil at the third United Nations conference on the law of the sea

Abstract

As Brazil began to emerge as a major power in the years leading up to theThird United Nations Conference on the Law of the Sea (UNCLOS III), national ocean policy came to have a quite continuous, distinctive impact on global law of the sea negotiations. Brazil's participation at UNCLOS III offers a particularly good vantage point from which to analyze its more prominent international role as an emerging major power, its related growth as a maritime power, and its significant contribution to international organization.

UNCLOS III, in turn, affects Brazil. The broad implications of the emerging ocean order for both national and international jurisdiction issues, within which Brazilian ocean policy must operate, are analyzed. Brazil's distinctive position as an emerging power between the industrialized countries and the Third World has conditioned its involvement at UNCLOS III. As a developing state, Brazil has favored revision of the traditional order for the purpose of redressing the balance with the developed states. At the same time, as an emerging power, Brazil has an interest in supporting a stable, open international order. In spite of such policy dilemmas, Brazil stands out as one of the few big potential winners in the Third World from both the seabed and non‐seabed portions of the law of the sea negotiations.     

The development of european regional law of the sea

Abstract

The development of regional law of the sea may be more practical than a new global order for the oceans and may be preferable to the extension of national maritime jurisdictions.

The Common Market has taken two important steps towards creating a European system of maritime law: The Common Fisheries Policy and the EEC Commission's decision of 10 September 1970 to apply the Common Market treaty to the continental shelf. The Common Fisheries Policy of 20 October 1970, opened national territorial waters within the EEC to all Community fishermen and provided the foundation for the generation of Common Market fishing policy. The continental shelf decision brought the exploration and exploitation of hydrocarbons on the shelf within EEC regulations and supervision.

The EEC has begun to co‐ordinate European Law of the Sea negotiations for the Santiago Conference.

Other European organizations (the Bow Group, the Council of Europe, and the Western European Union) have proposed various non‐EED regimes for maritime legislation and co‐operation, but no such non‐EEC proposal seems likely to be implemented. The future of European law of the sea lies with the Common Market which can make an important contribution to European maritime order and provide a model of regional co‐operation for other areas of the globe.     

No More Foreigners? The Remaking of German Naturalization and Citizenship Law, 1990–2000

Since the beginning of the 1990s, Germany has been taking controversial policy measures that had been quite unimaginable, even in the 1980s. On the one hand, regulations for asylum seekers and ethnic Germans have gradually become restrictive in nature. On the other hand, changes to the Citizenship and Nationality Law of 1913 (Reichs und Staatsangehörigkeitsgesetz) and the Alien Act of 1965 (Ausländergesetz) have dramatically altered the naturalization process. Before the passage of the new German citizenship law in 1999, the acquisition of citizenship in Germany was solely based on the principle of descent (jus sanguinis). This paper attempts to explain why German government altered its citizenship policy and introduced birthright citizenship. It reviews the post-war contextual factors that have shaped the debate on citizenship and asks whether it is external or internal factors, that is international-level norms and institutions or domestic politics, that led to the change. If domestic politics can fully explain the adoption of the new citizenship law, what domestic forces played an important role? Was state action taken in the name of protecting “the national interest” or was it party politics? What role did societal forces play in the making of new citizenship policy? Did the act seek to mitigate anti-foreigner sentiment growing in Germany since the 1990s? Using archival and documentary research and secondary data on socio-economic and demographic trends in Germany, this paper concludes that domestic politics explain the changes in the citizenship law. I argue that granting and withholding national citizenship, including birthright citizenship, is exclusively in the hands of a nation state. Considering a purely ethnocultural understanding of nation-hood now includes legal and territorial components, the new German citizenship law is a major reform at the both theoretical and conceptual level. However, the practical consequences of the new naturalization process remain to be seen. The main question for the future research agenda is whether the new naturalization and citizenship laws will bring full integration of foreigners living in German society.     

Sea Control by Other Means: Norwegian Coast Guard Operations Under International Maritime Law

Abstract

This article examines the development and peacetime activities of the Norwegian Coast Guard through the lens of sea control. It argues that the creation of economic and fisheries protection zones has dramatically shaped the extent to which a smaller naval power, like Norway, has had to increase its ability to monitor and control maritime space. Although the maritime means and ends vary widely between peacetime and wartime contexts, the fundamentally contested aspect of sea use can still be discerned in the influence of international maritime law on Norwegian seapower.     

French marine policy in the 1970s and 1980s

Abstract

France, hitherto more “continental”; than “maritime,”; increasingly developed its ocean activities in the 1970s and 1980s. This article describes the different sectors of its marine activities and evolvement of a different outlook concerning the sea. Important events such as the 1976 Proclamation and subsequent implementation of the French 200‐nautical mile Exclusive Economic Zone, and 1981 formation of a new Socialist government in France after 23 years of uninterrupted “Gaullist”; rule, offered a unique opportunity to restructure marine policy. The new Ministry of the Sea was intended to integrate marine policy and cater to a developing ocean “constituency.”; It was eventually downgraded to a “Secrétariat d'Etat,”; but its impact was undeniably important.     

China's Governance over Offshore Oil and Gas Development and Management

With its rapid economic growth, China is eager to get sufficient energy (including oil and gas) to support its dynamic national development. Economic reform in the late 1970s triggered China's offshore oil and gas exploration and exploitation. Relevant laws and regulations have been enacted and implemented, including regulations on exploiting offshore petroleum resources in cooperation with foreigners and regulations on marine environmental protection against pollution from offshore petroleum activities. This article attempts to assess and analyze China's national policy and relevant laws and regulations governing offshore oil and gas development and their effectiveness. In addition, the prospect for joint development in disputed sea areas adjacent to China is discussed.­     

Enabling Policy Planning and Innovation Management through Patent Information and Co-Authorship Network Analyses: A Study of Tuberculosis in Brazil

Introduction

New tools and approaches are necessary to facilitate public policy planning and foster the management of innovation in countries'' public health systems. To this end, an understanding of the integrated way in which the various actors who produce scientific knowledge and inventions in technological areas of interest operate, where they are located and how they relate to one another is of great relevance. Tuberculosis has been chosen as a model for the present study as it is a current challenge for Brazilian research and innovation.

Methodology

Publications about tuberculosis written by Brazilian authors were accessed from international databases, analyzed, processed with text searching tools and networks of coauthors were constructed and visualized. Patent applications about tuberculosis in Brazil were retrieved from the Brazilian National Institute of Industrial Property (INPI) and the European Patent Office databases, through the use of International Patent Classification and keywords and then categorized and analyzed.

Results/Conclusions

Brazilian authorship of articles about tuberculosis jumped from 1% in 1995 to 5% in 2010. Article production and patent filings of national origin have been concentrated in public universities and research institutions while the participation of private industry in the filing of Brazilian patents has remained limited. The goals of national patenting efforts have still not been reached, as up to the present none of the applications filed have been granted a patent. The analysis of all this data about TB publishing and patents clearly demonstrates the importance of maintaining the continuity of Brazil''s production development policies as well as government support for infrastructure projects to be employed in transforming the potential of research. This policy, which already exists for the promotion of new products and processes that, in addition to bringing diverse economic benefits to the country, will also contribute to effective dealing with public health problems affecting Brazil and the World.     

Canada and the law of the sea

Abstract

This paper gives a compact overview of Canadian policy on the law of the sea. Section I looks at Canada's maritime attributes, and the policy interests which arise from them. Section II describes the development of Canada's policy in ten issue areas, and examines the outcomes for Canadian diplomacy at UN‐CLOS. Section III covers the strategy and technique used by Canada in pursuit of its law of the sea objectives, and explores five reasons underlying its high level of influence and success. The conclusions consider Canada as a case study of middle‐power influence, and look at the role of unilateral action in the process of international law‐making.     

Development and childlessness in the states and territories of Brazil

Abstract

This article provides an analytical account of the variability in and correlates of Brazil's childlessness rates. Following from the socioeconomic development model, which suggests that involuntary childlessness predominates among developing countries and voluntary childlessness among developed countries, this paper examines the extent to which levels of development are related to age‐specific rates of childlessness in the states and territories of Brazil. We find both variation within the age‐specific childlessness rates and important associations between measures of economic development in 1970 and the rates of childlessness in 1980. Moreover, childlessness in Brazil tends to be more voluntary than involuntary, particularly among the younger women in the more modernized subregions of the country.     

Estimating the human appropriation of land in Brazil by means of an Input–Output Economic Model and Ecological Footprint analysis

As we confront the current environmental crisis, determining the biophysical base (e.g., materials, energy, land, and water) of nations has become paramount. With advanced economies benefiting from the import of resource-intensive primary goods originating from poorer parts of the world, especially emerging nations, these are dilapidating their natural capital. Brazil is one of such emerging economies, whose mining and farming activities, propping up its export-led economic growth, exert great pressure on the environment. In particular, farming has been shown to have one of the world's greatest environmental impacts, especially as a consequence of land use associated with cattle ranching. Since a nation-wide evaluation of land-use types across the whole sectorial spectrum of the country's economy is still lacking, we used the most recently available Input–Output Economic Model for Brazil and the Ecological Footprint method to identify those economic sectors with the greatest potential for appropriating portions of the natural world.Our results show that: (i) the biggest chunk of Brazil's Ecological Footprint is due to its Carbon Footprint and, in particular, emissions from cattle; (ii) only a few economic sectors exhibit high Ecological Footprint values, chiefly those belonging to livestock farming and energy production based on fossil fuels; (iii) excluding the soybeans and slaughter sectors, export-oriented sectors have below-average Ecological Footprint values; and (iv) the percentage of Brazil's Ecological Footprint due to household consumption (excluding imports) is three times bigger than that attributable to exports, with sectors belonging to livestock farming contributing the most to such disparity.These results underscore that the environmental impact of the Brazilian economy can be drastically reduced by tackling the emission-intensive production processes of a few sectors only and disincentivizing the domestic consumption of a narrow range of products, especially with respect to the livestock segment.     

Evolution of antiretroviral drug costs in Brazil in the context of free and universal access to AIDS treatment

Background

Little is known about the long-term drug costs associated with treating AIDS in developing countries. Brazil''s AIDS treatment program has been cited widely as the developing world''s largest and most successful AIDS treatment program. The program guarantees free access to highly active antiretroviral therapy (HAART) for all people living with HIV/AIDS in need of treatment. Brazil produces non-patented generic antiretroviral drugs (ARVs), procures many patented ARVs with negotiated price reductions, and recently issued a compulsory license to import one patented ARV. In this study, we investigate the drivers of recent ARV cost trends in Brazil through analysis of drug-specific prices and expenditures between 2001 and 2005.

Methods and Findings

We compared Brazil''s ARV prices to those in other low- and middle-income countries. We analyzed trends in drug expenditures for HAART in Brazil from 2001 to 2005 on the basis of cost data disaggregated by each ARV purchased by the Brazilian program. We decomposed the overall changes in expenditures to compare the relative impacts of changes in drug prices and drug purchase quantities. We also estimated the excess costs attributable to the difference between prices for generics in Brazil and the lowest global prices for these drugs. Finally, we estimated the savings attributable to Brazil''s reduced prices for patented drugs. Negotiated drug prices in Brazil are lowest for patented ARVs for which generic competition is emerging. In recent years, the prices for efavirenz and lopinavir–ritonavir (lopinavir/r) have been lower in Brazil than in other middle-income countries. In contrast, the price of tenofovir is US$200 higher per patient per year than that reported in other middle-income countries. Despite precipitous price declines for four patented ARVs, total Brazilian drug expenditures doubled, to reach US$414 million in 2005. We find that the major driver of cost increases was increased purchase quantities of six specific drugs: patented lopinavir/r, efavirenz, tenofovir, atazanavir, enfuvirtide, and a locally produced generic, fixed-dose combination of zidovudine and lamivudine (AZT/3TC). Because prices declined for many of the patented drugs that constitute the largest share of drug costs, nearly the entire increase in overall drug expenditures between 2001 and 2005 is attributable to increases in drug quantities. Had all drug quantities been held constant from 2001 until 2005 (or for those drugs entering treatment guidelines after 2001, held constant between the year of introduction and 2005), total costs would have increased by only an estimated US$7 million. We estimate that in the absence of price declines for patented drugs, Brazil would have spent a cumulative total of US$2 billion on drugs for HAART between 2001 and 2005, implying a savings of US$1.2 billion from price declines. Finally, in comparing Brazilian prices for locally produced generic ARVs to the lowest international prices meeting global pharmaceutical quality standards, we find that current prices for Brazil''s locally produced generics are generally much higher than corresponding global prices, and note that these prices have risen in Brazil while declining globally. We estimate the excess costs of Brazil''s locally produced generics totaled US$110 million from 2001 to 2005.

Conclusions

Despite Brazil''s more costly generic ARVs, the net result of ARV price changes has been a cost savings of approximately US$1 billion since 2001. HAART costs have nevertheless risen steeply as Brazil has scaled up treatment. These trends may foreshadow future AIDS treatment cost trends in other developing countries as more people start treatment, AIDS patients live longer and move from first-line to second and third-line treatment, AIDS treatment becomes more complex, generic competition emerges, and newer patented drugs become available. The specific application of the Brazilian model to other countries will depend, however, on the strength of their health systems, intellectual property regulations, epidemiological profiles, AIDS treatment guidelines, and differing capacities to produce drugs locally.     

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 meaning of difference: A response to Michael Banton

The role of the state in Africa in terms of resource allocation is generally linked to class politics and demands. Policy processes are shaped by powerful class factors, usually urban, which lead to a biased allocation of economic goods. Ethnicity and regional factors are not totally ignored but are often treated as epiphenomenal to the overall dynamics that determine who gets what, when and how. This study adopts a different reasoning. It suggests that the state in the Ivory Coast has attempted to manage ethno‐regional demands and conflicts by linking them directly to the policy process. The large‐scale economic projects undertaken by African governments are a reflection of this effort. In the case of the Ivory Coast, the construction of several costly sugar complexes in the northern region of the country is analysed within the context of state and ethnic politics in contemporary Africa.     

China's jurisdiction over its offshore petroleum resources

Abstract

The recent promulgation of China's offshore petroleum regulations has attracted worldwide attention. The law is of particular importance to foreign investors due to possible massive involvement of foreign interests in China's biggest oil venture. However, the success of this multi‐billion‐dollar offshore oil development program hinges on a single issue: to what extent does China have the sovereign rights over its offshore mineral resources?

The aim of the present paper is to: (1) Review China's position on the continental shelf regime; (2) Discuss China's maritime boundary problems with its coastal neighbors in light of the new law of the sea; (3) Analyze China's options under the status quo in the region; and (4) Note briefly China's oil development policy based on the new offshore regulations.     

Brazilian alcohol: Food versus fuel?

The creation of the ProAlcool (National Alcohol Programme) late in 1975 for the production of fuel alcohol has raised varied criticisms as to the possible consequences for food production in Brazil. This food ‘problem’ in Brazil is embedded in its socio-economic and political system. Agricultural production has kept ahead of population growth, but the main beneficiaries have been commodity export crops; the issue can be identified as ‘commodity export crop production versus crop production for the domestic market’ rather than ‘food versus fuel’. The possible effects of the ProAlcool on food production have been exaggerated and the real implications largely overlooked. The sugar and alcohol sector is today among Brazil's largest industries and, with all its faults, the ProAlcool remains the world's most successful biomass energy programme and as such its importance extends beyond Brazil's national boundaries. Biomass has been demonstrated by a Third World country to be a viable alternative or complement to oil on a national scale. Despite the current (1986) low oil prices an interministerial commission has recently recommended that the ProAlcool programme should be maintained.     

Defining Seaward Boundaries in a Domestic Context: Norway and the Svalbard Archipelago

Abstract

This article analyzes a little-noticed aspect of the international legal controversy pertaining to Svalbard’s maritime zones. It concerns where and by which method Norway should draw the boundaries between Svalbard’s continental shelf and the 200-mile zone, on the one hand, and other maritime zones subject to Norwegian jurisdiction, on the other. The assumption upon which the discussion rests is that the Spitsbergen Treaty signatories enjoy treaty rights in the maritime zones beyond Svalbard’s territorial waters. The law of the sea does not contain rules on the drawing of maritime boundaries between different parts of a state’s territory, but the rules on delimitation between states offer a strong analogy. In the search for an equitable solution, primacy should be given to geographical factors. The article argues that Norway could do more to enhance the openness regarding the Svalbard delimitation question since its outcome will be of significant interest to other states.     

Securing Maritime Australia: Developments in Maritime Surveillance and Security

A long coastline and extensive maritime claims mean that Australia benefits from and has responsibility for an enormous maritime jurisdiction. Within this offshore area Australia faces significant, varied, and complex maritime security and ocean policy challenges. In response, Australia has taken a number of innovative steps toward enhancing its maritime security. This article will review Australia's past practice together with some of the more recent developments in this context, particularly efforts to enhance offshore maritime surveillance and enforcement, such as the creation of the Taskforce on Offshore Maritime Security and Border Protection Command, establishment of the Australian Maritime Identification System, and implementation of augmented security patrols.     

Generating power: gender,ethnicity and empowerment in India's Narmada Valley

Current analyses of issues relating to ethnicity and empowerment are silent about the significance of the environment in shaping and being shaped by human relations. For its part, environmental policy research, with few exceptions, has also ignored the dynamics of identity construction and cultural values that inform human relationships with the environment and thus affect environmental sustainability. I address this gap in the scholarship through an analysis of the Sardar Sarovar Project [SSP] in India. I explore the interweaving of the constructions of gender, ethnicity and empowerment and their implications for a new politics of the environment - the politics of environmental justice. I argue that discourses of modernization underpin the arguments of all those who discuss the SSP, whether in favour or against.     

Why Is the European Union Challenging Norway Over Snow Crab? Svalbard,Special Interests,and Arctic Governance

Abstract

Why is the European Union (EU) pursuing a relatively minor issue over the right to catch snow crab in the Barents Sea? The issue has highlighted an underlying disagreement between Norway and the EU over the status of the maritime zones around the archipelago of Svalbard, stemming from the 1920 Spitsbergen Treaty. Is the EU using the snow crab to challenge Norway’s Svalbard regime? The answer is that the EU is a multifaceted animal, where special interests can hijack the machinery and bring issues to the table, given the right circumstances. This article outlines these circumstances, as well as the evolution and the sources of the dispute over the snow crab, as it relates to not only economic interests, but international politics as well as law.