The law of the sea regime and ocean law enforcement: New challenges for technology

Abstract

Coastal state enforcement in new zones of jurisdiction under the ocean management regime envisaged in the Law of the Sea Conference's negotiating text will undoubtedly spawn new technology in an effort to expand and improve surveillance. The author discusses enforcement challenges presented in the Law of the Sea regime and suggests some possible applications of technology to improve maritime law enforcement in the relatively near future.     

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.     

Of urines and purines – a life in separation science

Abstract

This paper is a personal review of the role developments in separation science over the last four decades have played in the diagnosis and understanding of purine and pyridine metabolism particularly in man. In 1967 the separation of nucleotides was used to demonstrate a new chromatography technique. This technique became known as HPLC and which continues to dominate the analysis of purines etc. The resolution and quantitation offered by even the earliest HPLC systems completely changed our understanding of matters such as nucleotide instability in cells and tissues, diagnosis of in born errors, etc. Capillary Electrophoresis also enabled high resolution as well as the quantitation of usual analytes such allantoin. Now LC-MS dominates the diagnostic field. This paper is based on the Anne Simmonds Lecture given by the author at PP17 in Gdansk in 2017.     

Radwaste at sea: A new era of polarization or a new basis for consensus?

Abstract

A coalition of third world nations, led by the Pacific island countries and those European nations who have developed land‐based disposal programs for their radioactive wastes, seek to amend the London Convention on Dumping (the international treaty controlling ocean disposal of radioactive and other wastes) in order to ban ocean disposal of low‐level radioactive wastes. Pro‐dumping nations maintain that the treaty may only be amended based on science and that current scientific research indicates that low‐level waste represents neither a threat to the integrity of the marine environment nor human health. Anti‐dumping nations, on the other hand, argue that the same science, particularly the models used to predict the fate and the effects of these wastes, exhibits sufficient uncertainty to preclude judgments about the absence of harm from future disposal activities. These differing conclusions mirror differing assessments of risk. These assessments build on the differing social, political, and economic values placed on use of the ocean and on conflicting conceptions of the fundamental rights and obligations of nations whose use of the ocean may impinge on the resources of others. Each side's continued intransigence may result in unilateral ocean disposal activities with serious consequences for the London Convention on Dumping (LDC) and its control over other wastes transported to sea for disposal. Initiatives of anti‐dumping nations to expand the LDC's decision‐making framework to examine the social, economic, and political issues underlying each side's interpretation of scientific evidence offer hope to address the underlying non‐scientific issues and perhaps to strengthen decision‐making within the LDC.     

More or Less Integrated Ocean Management: Multiple Integrated Approaches and Two Norms

Abstract

Through a normative lens, this article investigates integrated ocean management and the multiple concepts that it involves. Although international law provides legal authority to coastal states to manage their ocean area entitlements, no single legally binding norm specific to integrated ocean management exists. Nevertheless, by combining different internationally recognized sources, this article identifies and discusses two normative concepts applicable in coastal state integrated ocean management. These are (1) the framing of integrated ocean management as a management process and (2) the incorporation of environmental, economic, and social concerns into an ocean management policy.     

UNCLOS III and the new international economic order

Abstract

The New International Economic Order has become an all pervasive issue in contemporary international relations and is being discussed, debated, and considered in a number of international organizations and negotiations. Representatives of the Third World have demanded under its banner significant changes in the world's political and economic structure. It is in this context that the Third United Nations Conference on the Law of the Sea has been meeting.

This study focuses upon the protracted negotiations on seabed mining and seeks to relate continuing North‐South differences to broader trends in international relations. It examines, in light of pressures for a New International Economic Order, disagreements relative to: a) access to seabed resources, b) the resource and commodity policy of the proposed International Sea‐Bed Authority, c) financial arrangements for deep seabed mining, d) transfer of technology, and e) the organizational structure of the International Sea‐Bed Authority.     

Norway's law of the sea policy in the 1970s

Abstract

The Norwegian government has stated that creating a new international law of the sea is a foreign policy matter of the highest political priority in the period 1978–1981. A reasonable explanation might be the close correlation that normally exists between the political significance and the economic importance of issues and the area on which they impinge. As to Norway, it should suffice to point to the fact that the country ranks fifth among the merchant marine nations of the world, takes the fifth largest fish catch, and has sovereignty over the biggest continental shelf in Europe. Against this background, the author discusses the hypothesis that economic factors are the guiding hand in Norwegian ocean policy. However, the conclusion reached is that economic factors play a rather modest role in explaining this policy and that the reasons behind it are to be found at the intersection between economic interests, security policies, jurisdiction, the protection of resources and the environment as they are reflected in the rather peculiar situation of the North.     

Beyond the genome: Reconstituting the new genetics

The mapping and sequencing of the human genome has been the 'Holy Grail' of the new genetics, and its publication marks a turning point in the development of modern biotechnology. However, the question remains: what has been the impact of this discovery on how biotechnology develops in science, and in society at large? Using concepts developed in the social studies of science and technology, the paper begins by rehearsing the historical development of the Human Genome Project (HGP), and suggests that its translation into genomics has been achieved through a process of 'black-boxing' to ensure stabilization. It continues by exploring the extent to which the move to genomics is part of a paradigm shift in biotechnology resulting from the conceptual and organizational changes that have occurred following the completion of HGP. The discussion then focuses on whether genomics can be seen as part of the development of socially robust knowledge in late modernity. The paper suggests that there is strong evidence that a transformation is indeed taking place. It concludes by sketching a social scientific agenda for investigating the reconstitution of the new genetics in a post-genomic era using a 'situated' analytic approach based on an understanding of techno-scientific change as both emergent and contingent.     

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.     

New developments in the antifungal susceptibility testing of Candida

Antifungal susceptibility testing of Candida spp has been standardized and refined and now may play an important role in managing Candida infections. Important new developments include standardizing methods for testing echinocandins, fluconazole, and voriconazole and establishing interpretive breakpoints for these agents. Refinements in broth microdilution technology include the ability to read results after 24-hour incubation for several agents, addition of new azoles and echinocandins to commercially available microdilution trays, and automation of the entire testing process. Cross-resistance studies have identified important relationships among the triazole antifungals, and international collaboration offers the promise of harmonization and the development of an international standard for the testing of yeasts.     

Harmonizing extended zone legislation in southeast asia

Abstract

The extension of national jurisdictions up to 200 nautical miles out to sea creates new opportunities for cooperation among nations in regions such as Southeast Asia. One approach to cooperation is for nations of the region to work toward harmonizing their national laws relating to the management of their extended zones. Harmonization may be defined as the deliberate alignment of the laws of different nations for the purpose of fulfilling their national interests.

In Southeast Asia there are opportunities for harmonization in most of the major ocean use sectors. In fisheries, for example, standardized laws might be established regarding the licensing of foreign fishing vessels for access to Southeast Asian waters. In shipping, agreed standards could be applied to expedite shipping between ports of the region as well as for traffic to and from the region. In environmental protection, uniform standards could be established for monitoring for pollution. Harmonization may be especially useful where issues are international in character but the concerned nations are reluctant to create any new international management body.     

New concepts in the law of the sea

Abstract

Current ocean law negotiations reflect conflicts between two old and competing approaches: the view that the coastal state should control activities in any large adjacent ocean area, and the view that most of the ocean should be left open to the free use of all nations. Both approaches are laissez‐faire, leave the distribution of benefits to arbitrary factors, and are based on national exclusivity. In the negotiations this conflict is exhibited in competing claims regarding navigation, mineral resources, fishing, environmental protection, and strategic uses. A possible resolution has emerged in the concept of the whole ocean as a common resource of humankind, according to which no individual state has a right to benefit from the ocean except pursuant to arrangements sanctioned by the community, and rights to benefit are determined not arbitrarily but by membership in the community. The regime now likeliest to be produced by such an approach includes (1) a narrow territorial sea and various navigation guarantees, (2) a wide coastal band coupling coastal state managerial functions with permanent international prerogatives, and (3) purely international manage‐ment of the deep seabed.     

Nuclear waste management activities in the pacific basin and regional cooperation on the nuclear fuel cycle

Abstract

Pacific Ocean and island sites have been used since World War II for nuclear activities, including effluent discharges from nuclear facilities, sea dumping of packaged radioactive wastes, and testing of nuclear explosives. In the future, the amounts of radioactive wastes deliberately released into the Pacific Ocean may increase in connection with planned commercial‐scale nuclear fuel reprocessing operations, recommencement of plutonium production for weapons purposes, and resumption of sea dumping of low‐level wastes. Proposed storage of spent nuclear fuel on Pacific island sites or disposal of high‐level wastes in the deep seabed of the Pacific could also expose the ocean to a risk of contamination by long‐lived radio‐nuclides. The consequences of all these activities should be assessed in practical terms—their likely effects on the living marine resources of the Pacific and the economic development of the societies benefited by them; in terms of the legal principles which govern activities such as marine radioactive waste disposal that could pollute the marine environment; and in relation to current and future organizational arrangements that could achieve political resolution of outstanding international nuclear energy issues. Despite the prospective dangers of marine nuclear activities, the use of relatively remote or extraterritorial marine locations including those in the Pacific basin for nuclear operations could provide a basis for international cooperation on management of the “back end”; of the nuclear fuel cycle, including storage and reprocessing of spent fuel and high‐level waste disposal. A broadly recognized international regime for the nuclear fuel cycle could be based on regional organization of such back‐end operations, provided local acceptance could be obtained.     

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     

International cooperation in salmon fisheries and a comparative law perspective on the salmon and ocean ranching industry

Abstract

The salmon industry has steadily developed during the last two decades, leading to an increasing awareness about the legal problems that need to be solved. Both production in ocean ranching and in captivity have prompted the enactment of important rules of international and domestic law. While international law has provided for a basic regulatory framework, embodied in the United Nations Convention on the Law of the Sea and a number of regional and bilateral treaties, domestic law has concentrated on the specific technical issues that relate to conservation, fishing rights, and organization of the industry generally.

The article discusses the aggregate of legal rules applicable to salmon production, including the comparative law perspective emerging from the national legislations of the main producers in the world. Various legal and economic models are identified and their incidence on the industry is examined in light of actual experiences. The rules of international law in the field are becoming consolidated, and domestic legislation is contributing new insights into the matter while, in addition, exercising a strong influence in the formation of customary law.     

Trench connection

'Trench Connection' was the first international symposium focusing primarily on the hadal zone (depths greater than 6000 m). It was held at the University of Tokyo's Atmosphere and Ocean Research Institute in November 2010. The symposium was successful in having attracted an international collective of scientists and engineers to discuss the latest developments in the exploration and understanding of the deepest environments on Earth. The symposium sessions were categorized into three themes: (i) new deep-submergence technology; (ii) trench ecology and evolution; and (iii) the physical environment. Recent technological developments have overcome the challenges of accessing the extreme depths, which have in turn prompted an international renewed interest in researching physical and biological aspects of the hadal ecosystems. This bringing together of international participants from different disciplines led to healthy discussions throughout the symposium, providing potential opportunities and realizations of where the future of unravelling hadal ecology lies. Hadal science is still at relatively rudimentary levels compared with those of shallower marine environments; however, it became apparent at the symposium that it is now an ever-expanding scientific field.     

Ocean surveillance technologies and International payoffs

Abstract

This paper discusses the evolution of the existing ocean surveillance technologies and the many new devices in the field. Among the systems dealt with is “Project Seaguard”; of the U.S. Defense Advanced Research Project Agency and its ILLIACIV, the world's largest computer, which coordinates sensor data from 64 worldwide inputs. The author visualizes important future uses of underwater listening devices and ocean monitoring networks for solely peaceful purposes, as, for instance, by warning endangered ships of all nations of hurricanes, tsunamis, and icebergs. More accurate and comprehensive surveys of fishing efforts, pollution prevention, and customs enforcement may also be carried out by the use of present and future technologies. In conclusion, the author proposes the creation of a Global Ocean Management Organization, whose services would greatly beenfit all member states and might even serve as a model for systems verifying multilateral disarmament agreements and the monitoring of crises.     

Anadromous species and the new international law of the sea

Abstract

This article examines the evolution of international law relating to anadromous species, focusing exclusively on salmon and primarily considering the period since World War II. The discussion concerns major international harvesting in the western North Pacific, eastern North Pacific, and the North Atlantic. Unilateral actions are also described. Special attention is given to the relevant articles of the 1982 Convention on the Law of the Sea and to developments since its conclusion. Evidence is assessed for considering that the customary international law of the sea now recognizes the authority of the state of origin of salmon to prohibit high seas harvesting of salmon.     

护理人员实施关怀护理组织环境因素的质性研究

目的 归纳总结护理人员对患者实施关怀护理的组织环境因素,为护理管理者制定合理应对措施优化实施关怀护理的组织环境提供参考。方法 采用质性研究方法,对15名护理人员进行半结构式访谈,用现象学分析法进行资料分析。结果 护理人员在实际工作中感知到的对患者实施关怀护理的组织环境因素包括物理环境、心理环境、组织资源、组织制度和组织气氛。结论 关怀护理的良好实施需要组织环境的支持。     

The Ocean Trade in the New Economy: A Keynote Address

Privatization and liberalization, the twin pillars of globalization, combined with the advent of the information age, represent the culmination of processes that had their roots in the very nature of ocean trade, characterized by the accumulation and exercise of power. While freedom of the seas was the doctrine under which the business of ocean trade was conducted, the tools of governance were always paramount in determining the contours of that freedom. It is apparent that the integration of ocean trade and the consequential disappearance of national identity within ocean trade has created a governance vacuum in today's globalized economic environment. The new economy, which is driven by information and communication technologies (ICT and e-commerce), has propelled the integration process to unprecedented heights, the major constraint being the physical limitations inherent in the movement of ocean trade. These developments, combined with the governance deficit, are creating major challenges and opportunities. Particularly at stake are the interests and welfare of the majority of developing countries and their capacity to take advantage of the new opportunities to integrate themselves into the world economy. At present, the added value of the opportunities resulting from globalization and information technology (ICT and e-commerce) appears to be very marginal for most of these countries. In addition, the downside of the new structures that have been created in ocean trade, which appear to inhibit and limit any increased participation by the developing countries, needs to be addressed by the international community in order to avert an endemic digital divide.­