共查询到20条相似文献,搜索用时 31 毫秒
1.
Jianjun Gao 《Ocean Development & International Law》2013,44(3):219-234
The 2012 Nicaragua v. Colombia Case is the second instance where the International Court of Justice has employed the standard method in maritime delimitation since the 2009 Black Sea Case. The “standard method” involves three stages with the construction of a provisional equidistance line as the core of the methodology. There is no legal basis under the UN Convention on the Law of the Sea or customary law for the a priori position given to an equidistance line. Moreover, questions can be raised about the Court's operation at the second stage, which should consist of an adjustment or shifting of the provisional line rather than replacing it. Finally, the use of the disproportionality test as the touchstone for equity of the delimitation line is doubtful. 相似文献
2.
Giovanny Vega-Barbosa 《Ocean Development & International Law》2018,49(2):103-117
In the 2017 Maritime Delimitation in the Indian Ocean Case, the International Court of Justice stated that “in appropriate circumstances” maritime delimitation claims beyond 200 nm may be admitted before the Commission on the Limits of the Continental Shelf issues a recommendation. This is a deviation from the Court's previous approach in the 2016 Nicaragua v. Colombia (Preliminary Objections) Case. This article follows the evolution of the international case law with respect to the admissibility of outer continental shelf delimitation claims absent a final and binding outer limit, and highlights the positive implications of the International Court's most recent formula. 相似文献
3.
Øystein Jensen 《Ocean Development & International Law》2013,44(2-3):243-274
AbstractThis 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. 相似文献
4.
Clive Schofield Anastasia Telesetsky Seokwoo Lee 《Ocean Development & International Law》2013,44(4):363-388
The International Tribunal on the Law of the Sea's March 2012 Judgment in the Bay of Bengal Case is a landmark decision in multiple ways. It represents the first maritime boundary to be delimitated by the Tribunal. It is the first adjudication of a maritime boundary in Asia, and it is also the first judicial delimitation of a maritime boundary for parts of the extended continental shelf located seaward of the 200-nautical-mile limit from baselines. While the Tribunal's ruling largely resolves the maritime dispute between Bangladesh and Myanmar, it also raises a number of questions and concerns that are highlighted in this article, including the Tribunal's approach to delimitation both within and beyond the 200-nautical-mile limit, the treatment of islands, the interplay between law of the sea institutions and the creation of a so-called grey area where continental shelf jurisdiction falls to one state and water column jurisdiction to the other. 相似文献
5.
Hungdah Chiu 《Ocean Development & International Law》2013,44(1):79-105
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. 相似文献
6.
《New Zealand journal of zoology.》2013,40(2):346-356
Abstract On 23 February 1979 Sir Robert Falla collapsed and died at his home in Eastbourne. He was 77. His sudden death came as a great shock to his multitude of friends and colleagues, many of whom were still sharing with Sir Robert a deep sense of loss at the death on 31 May 1978, shortly after the couple's golden wedding anniversary, of his charming wife Molly. 相似文献
7.
ZOU KEYUAN 《Ocean Development & International Law》2013,44(1):13-24
This article addresses the recently ratified Sino-Vietnamese Boundary Delimitation Agreement in the Gulf of Tonkin and its implications for bilateral cooperation and development of friendly and neighboring relations between China and Vietnam. As the first maritime boundary line for China, the delimitation in the Gulf of Tonkin is indicative of China's positive attitude towards the resolution of other maritime issues with Vietnam and other neighboring countries. 相似文献
8.
Bjarni Már Magnússon 《Ocean Development & International Law》2013,44(1):41-52
This article addresses maritime boundary delimitation concerning the continental shelf beyond 200 nautical miles. The focal point is how the foot of the continental slope can be used as the point of departure in drawing the provisional equidistance line in outer continental shelf boundary delimitations between neighboring states. The article examines the strength and weaknesses of this approach and asks whether the International Tribunal for the Law of the Sea indirectly rejected this approach in the 2012 Bangladesh v. Myanmar Case. 相似文献
9.
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. 相似文献
10.
JOUNI K. VAINIO RISTO VÄINÖLÄ 《Biological journal of the Linnean Society. Linnean Society of London》2003,79(4):523-542
The systematic structure and postglacial population history of the freshwater amphipod Gammarus lacustris were explored in an allozyme survey of 65 populations across Northern Europe. A strong multilocus pattern of differentiation discriminated populations of the north‐east (north‐eastern Norway, northern Finland) from those in the west and the south (southern and central Scandinavia, Denmark, Poland). This principal division is attributed to postglacial colonization of the area by two main refugial races or lineages, one from the east (Russia), the other from the south (north‐western European continent). The strongly diverged Eastern and Western races (Nei's D= 0.3, from 22 loci) now meet in a secondary contact zone across a narrow sector of northernmost Norway. Genetic population compositions in this zone vary in a mosaic pattern, and show no evidence of reproductive incompatibility. Similar contacts of eastern and western lineages, far older than the latest glaciation, are now known from a number of taxa and they constitute a general pattern in Fennoscandian phylogeography. Within the Western Gammarus race, the populations through coastal north‐western Norway are further distinguished from those in southern Scandinavia and Denmark by a set of unique alleles at high frequencies (D = 0.12). This suggests an independent early colonization of the coastal region by another distinct stock, either along an early deglaciated coastal corridor from the south‐west, or directly from the ice‐free continental shelf off the Norwegian coast – a hypothesis that has also previously been presented for G. lacustris, and parallels controversial suggestions of local refugia for other taxa in Scandinavia. The coastal population type only later could come into contact with Gammarus invading over the mountains from the south; these two population types now smoothly intergrade. © 2003 The Linnean Society of London, Biological Journal of the Linnean Society, 2003, 79, 523–542. 相似文献
11.
Barbara Kwiatkowska 《Ocean Development & International Law》2013,44(3-4):227-262
During the decade-long Qatar v. Bahrain proceedings, the International Court of Justice (ICJ) rendered two Judgments on jurisdiction and admissibility (1994-1995), followed by its decision not to rely on the 82 Qatar documents challenged by Bahrain (1999), and by Judgment on the merits (2001). This article surveys how these complex proceedings led to settlement of a long-standing dispute in the Arabian/Persian Gulf to the satisfaction of both parties and how have they enriched the contributions of the Court to the development of international law. The contributions of the two Qatar v. Bahrain (Jurisdiction and Admissibility) Judgments, including their Opinions, are highlighted in the context of important issues pertaining to the interpretation of treaties and various aspects of the jurisdiction conferred upon the ICJ by a "framework agreement" (as distinct from a compromis). The analysis of the Qatar v. Bahrain (Merits) Judgment, including its Opinions, substantiates the significant consolidation and further development--in continuation of the formidable jurisprudence of the ICJ and other tribunals, notably the Eritrea/ Yemen Arbitral Tribunal--of the principles and rules governing the acquisition of territorial sovereignty and maritime boundary delimitation. 相似文献
12.
Mariano Oppikofer Stephanie Kueng Jeremy J Keusch Markus Hassler Andreas G Ladurner Heinz Gut Susan M Gasser 《The EMBO journal》2013,32(3):437-449
Gene silencing in budding yeast relies on the binding of the Silent Information Regulator (Sir) complex to chromatin, which is mediated by extensive interactions between the Sir proteins and nucleosomes. Sir3, a divergent member of the AAA+ ATPase‐like family, contacts both the histone H4 tail and the nucleosome core. Here, we present the structure and function of the conserved C‐terminal domain of Sir3, comprising 138 amino acids. This module adopts a variant winged helix‐turn‐helix (wH) architecture that exists as a stable homodimer in solution. Mutagenesis shows that the self‐association mediated by this domain is essential for holo‐Sir3 dimerization. Its loss impairs Sir3 loading onto nucleosomes in vitro and eliminates silencing at telomeres and HM loci in vivo. Replacing the Sir3 wH domain with an unrelated bacterial dimerization motif restores both HM and telomeric repression in sir3Δ cells. In contrast, related wH domains of archaeal and human members of the Orc1/Sir3 family are monomeric and have DNA binding activity. We speculate that a dimerization function for the wH evolved with Sir3's ability to facilitate heterochromatin formation. 相似文献
13.
Anastasia Telesetsky Donald K. Anton Timo Koivurova 《Ocean Development & International Law》2013,44(4):328-340
The case Whaling in the Antarctic (Australia v. Japan) decided by the International Court of Justice is a landmark that introduces new parameters for measuring the “reasonableness” of scientific research by permit under the International Convention on Whaling. However, aspects of these parameters and how they may be applied in future cases remain uncertain. Because the Court's interpretation of the language “for purposes of scientific research” avoids defining scientific research, the Court's decision provides only a limited degree of clarification for States that intend to operate scientific whaling programs under Article VIII of the Convention. The Court's reasonableness test is unlikely to prevent scientific whaling. States who no longer support the dual object and purpose of the Whaling Convention may want to consider negotiating a new international instrument that would be more protective of whales and their habitat. 相似文献
14.
Jianjun Gao 《Ocean Development & International Law》2020,51(2):116-142
AbstractThis article examines the practice of the international judicial and arbitral tribunals thus far in delimiting the continental shelf beyond 200?nm, and indicates the trend reflected in the decisions. However, the article disagrees with the critical observation of the tribunals that the delimitation method for the continental shelf beyond 200?nm should follow that within 200?nm. The delimitation of the continental shelf beyond 200?nm is essentially different from the single maritime delimitation within 200?nm, and various methods may be employed in order to achieve an equitable result in a particular case. 相似文献
15.
Shahina A. Ghazanfar 《Plant Systematics and Evolution》1989,168(3-4):143-148
Ten species in the genusSilene sectt.Siphonomorpha andAuriculatae were crossed artificially involving 612 crosses to test inter- and infraspecific, intervarietal and intersectional crossability. In sect.Siphonomorpha all interspecific crosses (between diploids) failed due to cross- or seed-incompatibility; however, intervarietal crosses betweenS. gigantea var.gigantea andS. gigantea var.incana produced hybrids. In sect.Auriculatae hybrids were produced betweenS. vallesia andS. boryi, both tetraploids, but crosses between these and the diploid species were unsuccessful. The delimitation and status of the species in both sections was supported by the crossing results. 相似文献
16.
During a visit to Norway by the Russian president in the spring of 2010, the president and the Norwegian prime minister surprisingly announced agreement on a delimitation line in the Barents Sea ending almost 40 years of negotiations. The agreement was signed in Murmansk on 15 September 2010. This article presents the background of the dispute and undertakes an assessment of the agreement and its implications for the Barents Sea, Svalbard, and other Arctic maritime delimitations. 相似文献
17.
Abstract Delimitation of maritime boundaries represents a recent state activity. The main impetus stems from the 1958 Geneva Conventions on the Territorial Sea … and on the Continental Shelf. State practice since 1958 has shown a marked preference for the equidistance principle for maritime boundary delimitation. At first many of these limits were geometrically constructed on existing nautical charts or on specifically designed small‐to medium‐scale maps. With increasing ability to exploit marine resources and the associated need to delimit boundaries farther from the baseline, inequities have developed as a consequence of map projections utilized, differences in horizontal and vertical datums, and so on. This paper discusses the principles behind, and the development of, conventional techniques of equidistant boundary delimitation; illustrates the errors that may result; and points out means, through modern computer technology, to compute equitable, equidistant maritime boundaries at great distances from the baselines. 相似文献
18.
Reflections on the Principle of Non-Cut Off: A Growing Concept in Maritime Boundary Delimitation Law
Yunus Emre Acikgonul 《Ocean Development & International Law》2016,47(1):52-71
The application of the principle of non-cut off is a significant tool in maritime delimitation to provide an equitable solution. Unfortunately, scholars and experts have paid scant attention to this principle of maritime delimitation. This article analyzes the growing role of the principle of non-cut off in the law of maritime boundary delimitation and examines the related jurisprudence on the issue. 相似文献
19.
Genotypes atLDH-3 (lactate dehydrogenase) andPGI-1 (phosphoglucoisomerase) in 263 0-group specimens of Atlantic cod(Gadus morhua) caught in Trondheimsfjorden, Norway, in fall 1983 showed significantly different survival rates during 72 days in captivity. The heterozygote was nominally superior at both loci, and there was a significant accumulation of double heterozygotes among the survivors. Apparently,LDH-3 andPGI-1 are not selectively neutral, and allele frequency differences at these two loci between groups of cod in nature should not be interpreted as markers of reproductive isolation. The results are related to current concepts of cod population structure.Contribution No. 231, Biological Station, N-7000 Trondheim, Norway 相似文献
20.
Conservation efforts have been hindered by data deficient conservation status assessments, especially due to taxonomic problems. This is especially true for many eastern Russian species of freshwater mussels, where distinct classification systems have complicated their delimitation and identification. Nodularia is a widespread eastern Asian freshwater mussel genus, present from Vietnam in the south to the Magadan region in eastern Russia in the north. The number of recognized species in the genus Nodularia in eastern Russia has been inflated over the last several decades due to the use of a typological species concept, the so-called 'Comparatory Method'. This method uses a single diagnostic character for species delimitation, i.e., the arc of maximal convexity of the shell's outline. Using this classification system, 10 species were recognized for far eastern Russia under the genus Nodularia Conrad, 1853, divided into three subgenera: Nodularia s. str., Amurunio and Magadaninaia. Since it is not supported by any other classification methods, the current comparatory classification is rejected by many Russian and international scientists, who only recognize a single species for that region, i.e., Nodularia douglasiae. Therefore, the aim of the present study is to clarify the taxonomy and systematics of the Nodularia genus in far eastern Russia and adjacent territories, using a multiple dataset approach that combines distribution with detailed conchological and anatomical analyses with morphometry and COI barcoding molecular techniques. All analyses performed in this study support the existence of a single Nodularia species in eastern Russia, i.e., N. douglasiae. 相似文献