Deep‐sea mining between convention and national legislation

Abstract

A Draft Convention, informal rather than formal, emerged in September 1980, from the Ninth Session of the Third UN Conference on the Law of the Sea. At about the same time the Federal Republic of Germany and the United States passed interim legislation to create a legal framework for deep‐sea mining activities. If seabed mining is to be undertaken, a legal framework or “Rechtsordnung”; must be established which secures the right of access to the resources under commercially viable conditions during the operational time‐span of an industry, namely twenty to thirty years. At issue is the long‐term problem of securing strategic raw materials rather than the realization of short‐term profit. The American decision in March 1981, immediately prior to the Tenth Session, to review the Draft Treaty, has served to focus attention on the system of access, the decision‐making processes of the International Seabed Authority, the transfer of technology and the payment of fees, and the capability of the Enterprise as a seabed miner.     

Deep seabed mining: Can an acceptable regime ever be found?

Abstract

Fourteen years of effort by the Third United Nations Conference on the Law of the Sea and its predecessors have so far failed to produce a generally acceptable regime for deep seabed mining. The present Draft Convention does contain ingenious solutions to the problems created by the unique characteristics of seabed resources, the lack of existing international law governing their exploitation, the influence of the navigation provisions, and the need to reconcile the financial requirements of miners with the expectations of developing countries. It is a remarkable achievement in view of the negotiating obstacles that had to be overcome, but the regime is cumbersome and expensive. Further improvements in the interest of simplification will have to be made if it is to be workable.     

Antarctica and the law of the sea: An introductory overview

Abstract

This article examines the potential for conflict between the Antarctic Treaty regime and the Convention recently produced by the Third United Nations Conference on the Law of the Sea. Should the UNCLOS III Convention enter into force, at least six issue‐areas seem susceptible to future controversy in Antarctic waters, namely (1) seaward territorial limits; (2) resource management and conservation; (3) local environment protection; (4) marine scientific research; (5) deep seabed mining; and (6) archipelagic‐island regimes. Accordingly, each issue‐area is assessed as to its relevance for the Southern Ocean vis‐a‐vis the Antarctic Treaty parties, with a particular view towards signaling possible problems which involve conflict of interest and overlapping jurisdiction.     

The EEC and the law of the sea: How close to one voice?

Abstract

The Member States of the European Economic Community (EEC) constituted one of the most important negotiating groups at the Third United Nations Conference on the Law of the Sea (UNCLOS III). The EEC is competent to deal with several matters that were included in the Draft Treaty on the Law of the Sea. When such matters were considered at the Conference, the President of the EEC Council, rather than the Commission, spoke on behalf of the group. Coordination meetings were held at expert level and by the heads of delegations. Agreement was reached on the principal issues before the Conference such as the Economic Zone, the Area, protection of the marine environment, and scientific research. The group was less successful in having its views accepted by the Conference, largely because the member's views were those of the highly industrialized states and emphasized navigational rights. The EEC participation clause was almost as important as substantive issues for the group, because it enabled the Community to become a party to the Treaty. EEC competences are contrasted with single state competences, and some of the possible consequences of less than total ratification of the Treaty by EEC Members are considered.     

Canadian perspectives on seabed mining: The case of the production limitation formula

Abstract

This paper will analyze the position Canada took on seabed mining in the Third United Nations Law of the Sea Conference (UNCLOS III). Canada is a major land‐based producer of nickel, an industrialized country with private interests in seabed mining, a NATO member, a major ally of the United States, and a country with extensive ties to less‐developed countries. At UNCLOS III Canada was concerned primarily about the management and control of its coastal resources and the protection of the marine environment. After having secured these interests, Canada emerged as the leader of the land‐based mineral‐producer group advocating production controls on seabed mining. The production limitation formula was one of the major reasons for the United States’ decision not to sign the Law of the Sea Treaty. In so forcefully advocating a production limitation formula, the Canadian delegation relinquished Canada's potential as a middle power to bridge the gap between the Group of 77 and the Western industrialized countries in order to formulate a widely acceptable regime to govern the seabed. A production limitation formula was not in Canada's best interests, given her potential role in seabed mining, and was rejected by officials in the Department of Energy, Mines, and Resources, as well as the Canadian private sector.     

Municipal legislation for exploitation of the deep seabed

Abstract

This study traces the evolution of municipal legislation for the deep seabed in the United States of America and the Federal Republic of Germany, and considers what the United States seeks to gain and what it may possibly lose through its recent enactment of the Deep Seabed Hard Mineral Resources Act. The study concludes that the Deep Seabed Hard Mineral‐Resources Act will ensure for the United States that the minerals of the deep seabed are (if they can be) available when needed, and will strengthen the negotiating position of the United States in UNCLOS III vis‐à‐vis a proposed seabed regime which it perceives as inefficient toward the development of manganese nodules, and unacceptable in the system of governance it promotes. Passage of the Act, it is concluded, will probably not result in a breakdown of the Law of the Sea negotiations. It is thought it will give rise to a legal challenge, the outcome of which is difficult to predict. Finally, it is asserted that political/economic opposition to the Act will be mitigated by the reasonableness of the Act, its provision for delayed implementation, and the desire of many nations to conclude a successful Law of the Sea Treaty.     

Protection of the antarctic ecosystem: A study in international environmental law

Abstract

The Antarctic region constitutes a fragile eco‐system closely related to the unique features of the physical environment of that continent. The Antarctic Ocean is central to the region's living systems, with krill as the ecological basis of life in the ocean and on land. So far, man's impact upon the Antarctic environment has been negligible, but there is concern that overharvesting of krill and possible marine pollution resulting from any future offshore oil exploration may undermine the krill basis of the Antarctic ecosystem. The legal status of Antarctica is largely determined by the 1959 Antarctic Treaty, and especially by the inner circle of the currently fourteen “consultative”; status signatories. These states have given high priority to ecological considerations by enacting a series of environmental and conservationist regulations, as well as two conventions, one protecting the Antarctic seals and the other marine living resources in general. Environmental regulations will form an important part of the legal regime for the exploration and exploitation of the Antarctic mineral resources, primarily oil and gas. The Antarctic Treaty framework does not legally bind nonsignatory states, but under general international law all states are bound to refrain from inflicting damage upon the planet's environment. Also, some marine pollution conventions apply to the Antarctic waters, and the 1982 U.N. Convention on the Law of the Sea comprehensively covers the protection and preservation of the marine environment of all oceans and seas. The preservation of the Antarctic environment will remain a high priority irrespective of what legal regime will govern Antarctica after 1991 when the Antarctic Treaty may, and most probably will, be subject to review.     

The exclusive economic zone and antarctica: The dilemmas of non‐sovereign jurisdiction

Abstract

Antarctica is the only continent from which no exclusive economic zones extend. This article examines the EEZ as a legal concept, particularly its relevance for enhancing maritime jurisdiction offshore Antarctica. The study analyzes the political setting in the Antarctic which would affect creation of EEZs in the region, especially the division of the continent into sector claims by certain states and the implications presented by various island groups in the area. An appraisal is made of the legal situation and the jurisdictional opportunities afforded by the Antarctic Treaty System. The author concludes that a recognized political authority, with demonstrated legal competence and capabilities, is administering jurisdictional considerations in the Antarctic area. In its operation, this Antarctic Treaty regime fulfills management and conservation functions analogous to those of EEZs in waters offshore the continent.     

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.     

The United States and the revision of the 1982 convention on the law of the sea

Abstract

It may now be possible to breach the 1982 Law of the Sea Convention impasse. The UN Secretary‐General's informal consultations have opened realistic discussions on the deep seabed regime. Many important changes have occurred since the Convention was signed. Dramatic developments have taken place in the international community. Nations now appreciate the limited potential of deep seabed mining. While United States reliance on customary law provides some benefits, other more important U.S. interests cannot be protected absent entry into force of the Convention with widespread participation. Many alternative procedures are available to forge an accommodation. The approach taken in the Secretary‐General's consultations is to make specific changes in deficient articles. Alternatively, the present regime might be jettisoned in favor of a framework regime. Such a regime would preserve only the essential basic policies of the Convention's seabed regime. It would contain a system for constructing a viable mining system if a deep seabed regime is needed.     

洛伐他汀工业菌株土曲霉HZ01的次级代谢产物合成分析

【目的】分析洛伐他汀工业生产菌株土曲霉HZ01的次级代谢产物合成能力,为后期的遗传改造、次级代谢产物及其基因簇挖掘提供指导。【方法】对洛伐他汀发酵条件下的样品进行了转录组分析,同时运用色谱分离技术及波谱学方法对主要次级代谢产物进行了分离和结构鉴定。【结果】洛伐他汀合成相关基因转录水平非常高,还有4个聚酮合酶(PKS)、6个非核糖体多肽合成酶(NRPS)和1个PKS-NRPS杂合酶基因进行了转录,其他PKS和NRPS基因都处于沉默状态。此外,从该菌的发酵产物中分离鉴定了10个主要副产物并确定了其结构。【结论】土曲霉HZ01是一株优良的洛伐他汀生产菌株,在构建次级代谢产物异源合成细胞工厂和鉴定次级代谢产物生物合成途径方面具有很好的应用潜力。     

The new law of the sea and the pacific basin

Abstract

The UN Convention on the Law of the Sea is indispensable for the well‐being of the states, especially the new island states, of the Pacific Basin. Since the Treaty will be signed at Caracas in December 1982, it is important to anticipate its impact in the Pacific Region area. The article examines the need for a new ocean law to replace the old law of the Geneva Conventions. It argues that exploitation of manganese nodules in the “Area”; will be legal only under the rules of Part XI of the Convention and that the principles of the Common Heritage of Mankind are now part of customary law. Finally, the seaward expansion of Pacific states authorized in the new treaty both necessitates, and provides an opportunity for, coordinated planning for the management of ocean resources and usages.     

In vitro selection of resistant rice plants against rice blast caused by Pyricularia oryzae via tissue culture technique

Abstract

A step by step protocol for resistant calli selection via a tissue culture technique under stress of Pyricularia oryzae culture filtrates was followed. Rice embryos dissected apart from the endosperm of susceptible rice seeds (Giza 176 and Riho) to P. oryzae produced embryonic calli on media containing various growth regulators of 2,4-D at concentrations of 0, 1, 1.5 and 2 mg/L and/or benzyl amino purine (BAP) at 0, 0.5, 1 and 1.5 mg/L when incubated under complete dark conditions for three weeks. Embryonic explants only produced shoots on media containing BAP. Selection of resistant calli was carried out in vitro under the challenging stress of increasing concentration of the pathogen P. oryzae culture filtrate (CF) from “0” up to 100%. The selection protocol has two directions. The first is step-by-step selection from lower to higher selective (CF) concentrations. The second is the exchangeable continuous cycles with and without the same selective (CF) concentration until the end of the selection regime to avoid calli adaptation to (CF). The regenerated calli to plantlets occurred under (CF) stress showed resistance and susceptibility when exposed to the pathogen infection under greenhouse conditions. The results reveal that the resistance in regenerated rice plantlets to P. oryzae pathogen segregated as 1 resistant: 2 moderate resistant: 1 susceptible giving the predication that the resistance in rice to P. oryzae may be controlled by one pair of genes. The in vitro selective regime via tissue cultures is advisable for the selection of novel disease resistant plants because of its time saving, space, money, it is easily applied and has a bio-safe approach.     

基于CIS的医疗质量安全监管系统应用效果

?????? 目的 探讨以临床信息系统（CIS）为基础构建医疗质量安全监管系统的实际应用效果。方法 对照分析应用CIS及医疗质量信息化监管系统前后的医疗服务效率与质量安全指标变化。结果 实施CIS及信息化医疗质量安全监管系统后医疗效率和质量安全指标均有显著性提升。结论 基于临床信息系统建立健全医疗质量安全监管系统,是深入挖掘利用CIS、充分发挥其持续改进医疗质量、保障患者安全、提升服务效能的重要支持和保证。     

可分流长期护理机构的住院病人筛选方法与实证研究

准确测算大型医院住院患者可下沉至护理机构的数量,为合理推进分级诊疗和基层卫生资源配置提供科学性依据。方法 结合前期研究成果和专家咨询,基于住院天数、病种和转归情况,建立住院病人下沉的筛选方法,并计算可下沉的床日数。结果 样本城市2016年可下沉之护理机构的病人为5 775人次,床日为51.6万。结论 为推进住院病人下沉,建议引入评估机制完善病人转诊规则,针对下沉病人的高发病种,加强基层卫生机构相应的资源配置。同时借助长期护理保险实施,进一步促进护理病人的下沉。     

Mine warfare at sea—some legal aspects of the future

Abstract

The paper addresses some of the problems that new weapon technology at sea are posing to traditional legal concepts, and to illustrate these, the sea mine has been taken as the topical weapon. One of the difficulties is that since the Hague Peace Conference of 1907, through the Covenant of the League of Nations and the Paris Treaty of 1928 renouncing war as an instrument of national policy up to the situation after the Charter of the United Nations, it is improbable that any nation will ever again declare war. In the absence of declared war, it is probably most helpful to categorize the threat or use of armed force as either a delict, a sanction, or self‐defense. The use of mines in any legal context gives rise to two fundamental questions:

a. Is the mine a lawful weapon?

b. If it is a lawful weapon what are the legal restraints on its use, if any?

The paper asserts, inter alia, that the Hague Convention No VIII Relative to the Laying of Automatic Submarine Contact Mines does not prohibit the mine as then known, and that the legal status of mines as a weapon of war has not fundamentally changed since 1907.     

老年性白内障日间手术临床路径模式效果分析

目的 借鉴国内外日间手术管理经验,在医药分开综合改革的背景下,探索实施老年白内障日间手术临床路径新模式。方法 对首都医科大学附属北京同仁医院2010年（临床路径实施前）、2013年（临床路径实施后）和2016年（日间手术临床路径模式开展后）老年性白内障治疗人均费用、平均住院日、术后感染率进行比较。结果 实施老年白内障日间手术临床路径新模式,平均住院日缩短,人均治疗费用降低,且差异均有统计学意义（P>0.05）。2010年、2013年、2016年的手术感染率都较低,差异无统计学意义（P>0.05）。结论 在保障医疗质量的前提下,老年性白内障日间手术临床路径新模式的实施,不仅提高医院和科室的经济效益,为政府节约医疗资源,而且还能降低患者的治疗费用,提高患者满意度。     

The Uncertain Fate of the Madrid Protocol to the Antarctic Treaty in the Maritime Area

The objective of the Madrid Protocol on Environmental Protection to the Antarctic Treaty is to provide a comprehensive regime for the protection of the Antarctic environment and to preserve its value as an area for scientific research. Some Treaty nations have interpreted the reach of the Protocol to be limited with respect to the marine environment. Important environmental safeguards have not been enacted in this area, casting the effectiveness of the Protocol into doubt. This paper examines three artifacts of regime design leading to the Protocol's uncertain fate in the Antarctic maritime area and makes several recommendations for improved effectiveness.     

Some problems concerning the delimitation of the maritime boundary between the republic of china (Taiwan) and the Philippines

Abstract

This paper analyzes the issue of how the relevant provisions of the 1982 United Nations Convention on the Law of the Sea can be applied to the delimitation of the maritime boundary in the Bashi Channel between Taiwan and the Philippine island of Luzon and in the South China Sea area. It concludes that the Philippines’ extensive territorial sea claim based on the 1898 U.S.‐Spanish Peace Treaty can hardly find any basis in customary rules of international law and the U.N. Convention and, therefore, should be disregarded in such delimitation. On the other hand, the archipelagic principle provided in the Convention can be applied here. With respect to rules of delimitation, it suggests that the equitable principle of the delimitation of the continental shelf, enunciated in the Anglo‐French Continental Shelf Arbitration (1977) and the Tunisian‐Libyan Continental Shelf Case (1982), can mutatis mutandis be applied to the delimitation of the maritime boundary. As an interim solution, the maritime boundary of certain disputed islands in the South China Sea should be declared neutral zones open to nationals of both countries.     

The political economy of fish: The fishery conservation and management act of 1976

Abstract

This essay examines the management system created under the terms of the Fishery Conservation and Management Act of 1976 as an example of a restricted common property regime. Both the origins and the operation of the regime are analyzed in detail. Additionally, the performance of the regime is assessed in terms of evaluative criteria like allocative efficiency, noneconomic values, equity, transaction costs, and durability. This case study points out a number of serious shortcomings of the FCMA regime and offers no basis for concluding that restricted common property constitutes a trouble‐free option in the marine fisheries or in any other realm. Nonetheless, the argument suggests that restricted common property not only has advantages over the traditional unrestricted or open‐to‐entry common property regime in the marine fisheries, it also seems more likely to yield satisfactory results than any other alternative that comes to mind.