The exclusive economic zone and public international law

Abstract

This paper will set the international background for the evolution of the Exclusive Economic Zone (EEZ) concept in international law and in state practice. It will review the relevant provisions of the UNCLOS III and will discuss the extent to which they have or are likely to guide national practice in the future. The paper will also examine the Reagan Proclamation from an international legal perspective, as well as the possible impact of action taken by the United States in fashioning its EEZ on the stability of the EEZ concept internationally.     

Peacetime military activities in the exclusive economic zone of third countries

Abstract

Although the 1982 U.N. Convention on the Law of the Sea reaffirms the freedoms of navigation and overflight in the Exclusive Economic Zone (EEZ), its language is flexible enough to be construed as restraining military activities of third countries in the zone. On the other hand, the Convention allows enough latitude of interpretation to include the right to conduct naval activities in a foreign EEZ. The peaceful‐purposes clauses of the Convention do not, in this respect, create any new obligations beyond the obvious general principle of banning the use of force in international relations. The reluctance of UNCLOS III to adopt a clear and unambiguous solution of the problem is likely to result in disputes between naval powers, primarily developed states, and coastal states of the Third World over the attribution of rights to military uses of the EEZ, especially with regard to naval maneuvers, weapon tests, and emplacement of military devices in this zone.     

Fishing negotiations at the Third United Nations Conference on the Law of the Sea

Abstract

One of the major consequences of the negotiations at the Third United Nations Law of the Sea Conferences (UNCLOS III) was a substantial reduction of the international commons in which the freedom to fish existed and the creation of what was supposed to be a sui generis zone, the 200‐mile exclusive economic zone (EEZ), but within which the coastal state would have a virtual monopoly on the right to allocate resources. How this was done at UNCLOS III is analyzed using a model that shows the progress over time on major issues of the parliamentary‐diplomatic‐style negotiation in which consensus was required for an acceptable outcome. The shifting positions of major states and bargaining groups as they maneuvered toward consensus is examined on the questions of the creation of the 200‐mile EEZ, the rights of foreign fishermen in the EEZ, the fishing rights of geographically disadvantaged states in the EEZ, and the management of highly migratory species. The analysis shows that the new ocean regime, created through complex tradeoffs and strenuous issue‐by‐issue bargaining, was critically influenced by fisheries issues.     

The United States and the new law of the sea

Abstract

The official U.S. statement on the 32nd meeting of the International Whaling Commission (IWC termed the outcome a “modest success.”; However, from the point of view of conservationists—i.e., governments and private groups seeking greater protection for the world's endangered whales—the results of the 1980 IWC session can be described at best as satisfactory. The disappointing U.S. performance at this and other recent Commission proceedings strongly suggests the need for a reassessment of American cetacean policy and the way in which we pursue this policy in the IWC.

The discussion will begin with a review of U.S. objectives in the IWC in relation to national and international law governing cetaceans. The focus will then turn to the role played by the United States in the Commission's deliberations on selected issues in 1980. The conclusion will set forth recommendations for improvements in American policy and strategy in the IWC.     

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.     

Management,conservation, and cooperation in EEZ fishing: The law of the sea convention and the South Pacific forum fisheries agency

Abstract

This paper examines the nature of the relationship between management, conservation, and cooperation in respect to EEZ fishing. The analysis is demonstrated through a discussion of the developments leading up to the creation of the South Pacific Forum Fisheries Agency (FFA). The paper examines and dismisses the criticism that the Agency does not fully meet the requirements of emerging international law. In addition to laying the foundations of the substantive argument, the conceptual and legal analysis presented here is also seen as a contribution to the wider debate about the scope and substance of the rights and duties of states in respect to EEZ fishing, especially in relation to highly migratory species.     

Young adult cancer incidence trends in Taiwan and the U.S. from 2002 to 2016

BackgroundPrevious studies have not examined young adult cancer incidence trends in Taiwan, or comprehensively compared these trends at two nations with different population genetics, environmental exposures, and health care. Therefore, we compared the incidence rates and trends of the most common young adult cancers diagnosed at 20–39 years of age in Taiwan and the U.S.MethodsIncidence rates from 2002 to 2016 were calculated from the Taiwan National Health Insurance Research Datasets and the U.S. Surveillance, Epidemiology, and End Results Program. For trend assessment, average annual percent change (AAPC) values were calculated from 15 years of data using Joinpoint Regression Program. We also obtained sex or age of diagnosis stratified estimates.ResultsThe age-standardized overall young adult cancer incidence rate significantly increased from 2002 to 2016 in both Taiwan (AAPC=1.1%, 95% CI: 0.8–1.5%) and the U.S. (AAPC=1.8%, 95% CI: 1.1–2.4%). Cancers with significantly decreasing trends in Taiwan included cancers of the nasopharynx, liver, and tongue, which were not among the most common young adult cancers in the U.S. Cancers with significantly increasing trends in both Taiwan and the U.S. included colorectal, thyroid, and female breast cancers. Lymphoma, ovarian cancer, and lung and bronchus cancer had significantly increasing trends in Taiwan but not in the U.S. Although cervical cancer had significantly decreasing trends in both nations among those 30–39 years of age, its trend was significantly increasing in Taiwan but decreasing in the U.S. among those 20–29 years of age.ConclusionThe types of common young adult cancers as well as their incidence rates and trends differed in Taiwan and the U.S. Future studies should further understand the etiological factors driving these trends.     

Pohlia andrewsii J. Shaw in the U.S.S.R.

Abstract

P. andrewsii appears to be widespread in the arctic regions of the U.S.S.R. and also in mountains of southern Siberia, the Altai Mountains. Except in the mountains of Central and Northern Europe the range of P. andrewsii does not overlap with P. annotina and P. camptotrachela.     

基于论文和专利的中美脑科学领域对比研究

脑科学是生命科学领域的研究前沿和热点,美国是该领域的科技强国。本文基于科技论文和专利数据,利用文献计量学的定量分析方法,比较中国和美国在脑科学领域的理论研究和应用研究的差距。结果表明,基于论文分析的理论研究对比,发现中国较美国起步晚,目前论文数量上的差距正在缩小,但学术影响力的差距较大;基于专利分析的应用研究对比,发现中国在专利申请数量上已略超过美国,但在代表专利技术价值和市场价值的国际专利数量、技术布局、龙头企业及企业参与研发比重等方面,差距还非常之大。     

Marine scientific research and the new law of the sea

U.S. policy is to encourage freedom of marine scientific research (MSR). This article compares the legal regimes governing the conduct of MSR under the 1958 Geneva Conventions on the Law of the Sea and the 1982 UN Convention on the’ Law of the Sea, which is approaching universal acceptance, and distinguishes MSR from survey activities. It argues that, notwithstanding the erosion of the physical areas of the ocean in which there is freedom of MSR under the Law of the Sea Convention, it provides mechanisms for states’ parties to obtain compliance by coastal states with their duties to grant consent, in normal circumstances, for MSR projects in the exclusive economic zone (EEZ) or on the continental shelf, and to establish rules and procedures ensuring that such consent will not be delayed or denied unreasonably. It also suggests establishment of a national marine scientific research program analogous to the U.S. Freedom of Navigation Program.     

Cancers of unknown primary: Survival by histologic type,demographic features,and treatment in the U.S. Military Health System

BackgroundCancers of unknown primary (CUP), a group of heterogenous metastatic cancers lacking a known primary site, have poor prognosis. This study compared survival of CUP by histologic type, patient characteristics, and treatment in the U.S. Military Health System (MHS), which provides universal care to its members.MethodsPatients histologically diagnosed with CUP were identified from the U.S. Department of Defense (DoD)’s Automated Central Tumor Registry. Median survival with 95 % confidence intervals was calculated for demographic and treatment variables by histologic type. A multivariable accelerated failure time model estimated time ratios and 95 % confidence intervals.ResultsThe study included 3358 CUP patients. The most prevalent CUP in this study was well- and moderately-differentiated adenocarcinomas. Median survival varied by histologic type with squamous cell carcinoma having the longest at 25.1 months and poorly-differentiated carcinomas having the shortest at 3.0 months. For each histologic type, survival was generally similar by sex and active-duty status although women with well- and moderately-differentiated adenocarcinoma had longer survival than their male counterparts. Younger patients tended to have longer survival than those aged 65 years or older. Generally, there were no racial differences in survival except poorer survival for Black patients than White patients in the group of other histologic types. Patients with chemotherapy and radiation treatment generally had improved survival whereas patients with squamous cell carcinoma who received chemotherapy had shorter survival than those without.ConclusionSurvival generally did not differ between racial groups, which may be related to equal healthcare access despite racial background. Further studies are warranted to better understand how survival in the MHS compares with that in the general U.S. population.     

Iodine Content of U.S. Weight-Loss Food

ObjectiveThe recommended iodine intake is 150 μg/ day in adults, 220 μg/day during pregnancy, and 290 μg/ day during lactation. Individuals exclusively consuming restricted diets as part of a weight-loss program may be at risk for mild to moderate iodine deficiency. The purpose of this study was to assess the iodine content in meals and snacks from 3 U.S. commercial weight-loss programs, all of which are intended to be the sole source of dietary intake during the desired weight-loss period.MethodsThe iodine contents in the products representing 1 week of all meals and snacks from 3 U.S. commercial weight-loss programs were measured by spectrophotometry. The measured total iodine content in 1 week’s worth of food from each program is reported as an average level per day.ResultsA total of 53 total items were analyzed (29 different items [7 breakfasts, 7 lunches, 7 dinners, 6 snacks, 2 desserts] from Jenny Craig®, 21 different items [7 breakfasts, 7 lunches, 7 dinners] from Nutrisystem®, and 3 different items [1 breakfast, 1 lunch, 1 dinner; each to be intended to be eaten daily for 1 week] from Medifast®). Daily iodine content (mean ± SD) of meals and snacks from the weight-loss programs were 34.2 ± 1.2 (Jenny Craig®), 12.2 ± 0.7 (Nutrisystem®), and 70.1 ± 1.1 (Medifast) μg/day.ConclusionThese results indicate that the dietary content in the foods from 3 U.S. commercial weight-loss programs is far less than the recommendations for iodine intake of 150 μg/day in nonpregnant, nonlactating adults. Individuals following each weight-loss program should be advised to take a multivitamin containing 150μg of iodine daily. (Endocr Pract. 2014;20:232-235)     

Chile's Presential sea proposal: Implications for straddling stocks and the international law of fisheries

Abstract

Despite rapid evolution in international fisheries law and establishment of the exclusive economic zone (EEZ), straddling stocks still remain susceptible to heavy harvesting in high seas areas by distant‐water fishing states there by undermining coastal state management. The notion mar presencial (presential sea) has recently been proposed by Chile as a solution for the problem of straddling stocks. The presential sea concept was nationally designed and promoted to curtail such foreign fishing in areas adjacent to Chile's EEZ. This article examines the presential sea as a geostrategic concept, its justification for being, and the question of its permissibility under contemporary international fisheries law. Attention is also given to recent international developments that challenge the legal viability of the presential sea concept. The authors conclude that if this concept were to be widely adopted by coastal states, the traditional freedom to fish on the high seas might be severely compromised. The preferable legal solution is to work within the parameters set out by the 1982 UN Convention on the Law of the Sea, more particularly through bilateral negotiations between coastal states and fishing states, as well as regional fishery commissions that could manage activities in the region.     

Creeping jurisdiction beyond 200 miles in the light of the 1982 law of the sea convention and state practice

Abstract

This article attempts a complex examination of problems pertaining to actual and potential extensions of coastal state rights and jurisdiction beyond the limit of 200 miles in the light of 1982 Law of the Sea Convention and state practice. Extension of the continental shelf regime, in the context of its outer limit beyond 200 miles, the entitlement of rocks to this limit, and the scope of coastal state rights and duties, is analyzed first. It is followed by discussion of the extension of the exclusive economic zone (EEZ) or fishery zone regime, which involves extension of certain coastal state fishery rights on the one hand, and the right of intervention in cases of maritime casualties and the liability regime for oil pollution damage on the other hand. Attention is also paid to presently speculative extensions of both regimes as a consequence of sea level rise. The author concludes that, if a continuing nontreaty situation deprives recourse to compulsory dispute settlement, the worst‐case scenario of spatial extension of the entire EEZ regime to the outer edge of the continental margin could not with certainty be excluded.     

Epigenetic Marks Associated to the Study of Nucleolar Dominance in Urochloa P. Beauv.

The genus Urochloa P. Beauv. presents a prominent role in the tropical agricultural scenario being composed of species with different ploidy levels. Studies on the genomic relationship within this genus as well as specific analysis involving epigenetic marks are limited. The aim of the present study was to identify the cytosine methylation (5-mCyt) and histone H3 lysine 9 dimethylation (H3k9me2) in the different modulations of 45S ribosomal DNA (rDNA) sites in interphase nuclei and to associate these results with gene expression analysis in Urochloa ruziziensis (2n = 4x = 36), Urochloa brizantha cv. Marandu (2n = 4x = 36), and their respective interspecific hybrid H1863 (2n = 4x = 36). Immunolocalization techniques were performed in combination with Fluorescence in situ hybridization (FISH) for the location of the 45S rDNA sites. Predominantly, we observed intra- and perinucleolar sites, mostly hypomethylated and/or hyper/hypomethylated, decondensed or partially condensed. The gene expression analysis was performed qualitatively through the conventional PCR using complementary DNA and confirmed by the RT-qPCR technique and primers designed for the ITS-1 region of U. brizantha and U. ruziziensis. The molecular analyses performed on leaves showed that there is dominance of U. brizantha 45S rDNA gene expression on U. ruziziensis in the H1863 hybrid. In roots, the analyses showed that the 45S rDNA genes of the two parents are expressed in the hybrid genome. Thus, it is plausible to infer a tissue-specific nuclear dominance model in which the pattern of hypermethylated cytosine sites with heterochromatic marks and, therefore, silenced were mostly inherited from U. ruziziensis, whereas the rDNA originated from U. brizantha was characterized by cytosine and H3k9 hypomethylation.

     

Transit rights and U.S. security interests in international straits: The “straits debate”; revisited

Abstract

The issue of transit rights through international straits overlapped by an extension of territorial seas to 12nm was the focal point of intense debate between the United States and straits states during the formative stages of UNCLOS III. Even though the ICNT provisions on transit through straits reflect basic U.S. navigation and security interests, this paper argues that the issue of transit rights through straits is not a dead issue. Straits states may either refuse to ratify a LOS treaty incorporating ICNT provisions on transit passage, or the attempts to obtain a comprehensive LOS treaty may end in failure. In either case, the United States may be forced to accept a right of innocent passage through international straits. The conclusions of this paper are that the security of transit will be determined by political rather than legal considerations, and that U.S. security interests in straits are not undermined by a right of innocent passage.     

Economic Analysis of the Legal Regimes Governing Salvage of Historic Shipwrecks

This article offers an economic analysis of the international and U.S. laws governing the recovery of archaeological data from historic shipwrecks. The framework combines values of treasure salvage and archaeological knowledge. It is suggested that U.S. salvage law, sometimes extended to international waters, gives insufficient protection to archaeological value, but that UNESCO's Convention on the Protection of the Underwater Cultural Heritage goes too far in the other direction. Two other legal regimes (government-salvager and interstate agreements) are shown to have the potential to maximize the social values of historic shipwrecks. It is also suggested that a move towards maximizing social values would be promoted if the U.S. admiralty courts tied the size of salvage awards more closely to the quality of the archaeological work performed.     

Vietnam: Fisheries and navigation policies and issues

Abstract

Vietnam claims a 12‐nautical‐mile territorial sea, a 12‐nautical‐mile contiguous zone, a continental shelf, a 200‐nautical‐mile exclusive economic zone (EEZ), historical waters encompassing most of the Gulf of Tonkin, and much of the Spratly Islands area. Vietnam's claimed boundaries overlap with those of China, Indonesia, Malaysia, Thailand, and Cambodia, and, in the Spratlys, with those of China, Taiwan, the Philippines, and Malaysia. The area claimed contains significant fisheries resources, and Vietnam has stipulated provisions for access to fish by foreign vessels. Yet issues pertaining to shared and migratory stocks remain to be addressed. Similarly, Vietnam has established regulations governing foreign ships navigating in Vietnamese‐claimed waters, including those designed to protect the environment. But some of these provisions do not conform to the provisions of the 1982 U.N. Convention on the Law of the Sea (UNCLOS). This article reviews Vietnam ‘s fisheries and navigation policies and issues.     

The reigning misperception about culture and Asian American achievement

ABSTRACT

Asian Americans graduate from college at higher rates than other groups, and evince educational outcomes that match or exceed those of their parents. They comprise about 25 per cent of the student body in Ivy League institutions, despite making up only 6 per cent of the U.S. population. While it may be tempting to reduce Asian American academic achievement to Asian culture, and Confucian values more specifically, we provide disconfirming evidence, both within the United States and beyond, to show the fallacy of this logic. Contemporary U.S. Asian immigrants are “hyper-selected”: they are more likely to have graduated from college than their non-migrant counterparts, and also more likely to be college-educated than the U.S. mean. Hyper-selectivity and its spillover effects explain the exceptional educational outcomes of Asian Americans. It is time that we laid to rest the reigning misperception that Asian American academic achievement can be reduced to Asian culture or Confucian values.     

Complex Movements,Philopatry and Expanded Depth Range of a Severely Threatened Pelagic Shark,the Oceanic Whitetip (Carcharhinus longimanus) in the Western North Atlantic

Oceanic whitetip sharks (Carcharhinus longimanus) have recently been targeted for conservation in the western North Atlantic following severe declines in abundance. Pop-up satellite archival tags were applied to 11 mature oceanic whitetips (10 females, 1 male) near Cat Island in the central Bahamas 1–8 May 2011 to provide information about the horizontal and vertical movements of this species. Another large female was opportunistically tagged in the U.S. Exclusive Economic Zone (EEZ). Data from 1,563 total tracking days and 1,142,598 combined depth and temperature readings were obtained. Sharks tagged at Cat Island stayed within 500 km of the tagging site for ∼30 days before dispersing across 16,422 km² of the western North Atlantic. Maximum individual displacement from the tagging site ranged from 290–1940 km after times at liberty from 30–245 days, with individuals moving to several different destinations (the northern Lesser Antilles, the northern Bahamas, and north of the Windward Passage). Many sharks returned to The Bahamas after ∼150 days. Estimated residency times within The Bahamas EEZ, where longlining and commercial trade of sharks is illegal, were generally high (mean = 68.2% of time). Sharks spent 99.7% of their time shallower than 200 m and did not exhibit differences in day and night mean depths. There was a positive correlation between daily sea surface temperature and mean depth occupied, suggesting possible behavioral thermoregulation. All individuals made short duration (mean = 13.06 minutes) dives into the mesopelagic zone (down to 1082 m and 7.75°C), which occurred significantly more often at night. Ascent rates during these dives were significantly slower than descent rates, suggesting that these dives are for foraging. The sharks tracked appear to be most vulnerable to pelagic fishing gear deployed from 0–125 m depths, which they may encounter from June to October after leaving the protected waters of The Bahamas EEZ.