United States policy on international straits

Abstract

United States policy on international straits is dictated by the vital importance to U.S. national security interests of unimpeded commercial and military transit through, over, and under sea lines of communication. Although perceived flaws in the deep seabed mining regime of the 1982 Law of the Sea Convention precluded U.S. signature or ratification of that document, the United States considers that the navigational articles of the convention reflect customary international law. Accordingly, U.S. policy on international straits is premised on recognition of and respect for the balance of interests set forth in the navigational articles of the 1982 Law of the Sea Convention.     

Recommendations for the Implementation of a National Sediment Quality Policy in the United States

This article was prepared prior to the author's employment by the U.S. Environmental Protection Agency and therefore does not necessarily represent agency policy. Sediments provide needed habitats to valued aquatic and marine resources and are therefore an integral and valuable component of any coastal ecosystem. Studies have found that multiple anthropogenic activities have been the primary cause of sediment contamination. There is continued evidence that contaminated sediments pose adverse impacts to biological resources even when overlying water quality is acceptable. Efforts in environmental protection should therefore incorporate sediment quality management strategies. Despite a growing awareness and interest in management of contaminated sediment, no established systematic and standardized national management program has been established in the U.S. The establishment of a national sediment policy in the U.S. would reinforce the importance of integrating sediment issues with different management objectives and reiterate the importance of protecting sediments as a natural resource. A national sediment policy could also guide and direct states in developing state sediment policies that reflect national objectives while integrating local concerns. This perspective identifies and defines issues and concerns raised by 13 states’ agency staff in managing contaminated sediments in the absence of a national policy. Recommendations are developed that address sociopolitical and scientific issues and concerns. The recommendations are integrated with stakeholder comments, state manager needs and the existing regulatory and institutional framework.     

The U.S.-Led Proliferation Security Initiative and UNCLOS: Legality,Implementation, and an Assessment

This article examines the relationship between the U.S.-led Proliferation Security Initiative (PSI) and the 1982 United Nations Convention on the Law of the Sea (UNCLOS). It attempts to answer the questions of whether the PSI is legal or illegal under UNCLOS and whether U.S. accession to UNCLOS would enhance or create difficulties for the implementation of the PSI. The author concludes that U.S. accession to the Convention would not affect adversely the implementation and effectiveness of the PSI. On the contrary, accession to UNCLOS could help increase U.S. credibility and leadership in dealing with the threat to international peace and security posed by weapons of mass destruction proliferation. It also suggests that all the relevant information needs to be gathered and examined carefully in order to answer the question of whether a PSI interdiction action is legal under UNCLOS or not.     

Declarations and Statements with Respect to the 1982 UNCLOS: Potential Legal Disputes between the United States and China after U.S. Accession to the Convention

This article discusses the implications of U.S. accession to the 1982 United Nations Convention on the Law of the Sea (UNCLOS) for the future development of Sino-American relations in the areas of ocean law and politics. The declarations and understandings contained in the Senate Resolution of Advice and Consent to U.S. Accession to the UNCLOS are examined in detail in the context of previous maritime conflicts between the United States and China.     

The Position of the United States on the Northwest Passage: Is the Fear of Creating a Precedent Warranted?

For decades, Ottawa and Washington have been agreeing to disagree on the question of the legal status of the Northwest Passage. One argument which has been consistently raised on the U.S. side and which has precluded attempts to end the deadlock has been the fear of creating a negative precedent. This article assesses whether U.S. concerns are warranted: could coastal States elsewhere in the world rely on an eventual recognition of Canadian sovereignty over the Northwest Passage to bolster their claims over a local strait?     

Law of the Sea Issues Between the United States and East Asian States

The United States is the sole superpower in the contemporary world and its role in the development of the law of the sea cannot be ignored. Although having not yet acceded to the U.N. Convention on the Law of the Sea, the United States has contributed to the development of the international law of the sea in numerous ways, including responding to the so-called excessive maritime claims in East Asia and creating new rules of maritime enforcement. This article assesses this recent U.S. practice.     

United States legislation and the polar oceans

The United States has important national interests vested in both the Arctic and Antarctic Oceans. Thus, in recent decades the United States has progressively codified its national commitment to conserve and manage both these marine regions and their resources and to protect them from activities that might produce adverse impacts. The U.S. legislation passed since the 1960s selectively affects both polar regions and supports major American policy objectives there: to maintain the Arctic and Antarctic as areas of international cooperation for peaceful purposes; to satisfy economic needs, especially hydrocarbon, mineral, and living resources; to protect opportunities for scientific research; to protect the marine environment; and to conserve living resources in the circumpolar seas. Future trends suggest a shift in U.S. policy attention to the Arctic. Accordingly, new U.S. legislation will be needed to regulate increased activities in the polar north.     

The biology of ballast water 25?years later

A milestone in understanding a globally significant mechanism of marine bioinvasions was published 25 years ago. The transformative paper on ballast water provided a baseline of patterns, processes and predictions of marine introductions, underpinned a dramatic increase in research on the topic, and presented a foundational insight for an international approach to vector management. The 25 year anniversary of JT Carlton’s ‘Transoceanic and interoceanic dispersal of coastal marine organisms: the biology of ballast water’ coincides with an International Maritime Organization (IMO) convention for management of ballast water that has not been fully ratified. The emergence of ship biofouling as a vector of management concern worldwide has also prompted renewed efforts to reduce species transfers by ships through new policy initiatives.     

Managing Global Atmospheric Change: A U.S. Policy Perspective

There are several air pollution issues that concern the international community at the regional and global level, including acid deposition, heavy metals, persistent organic pollutants, stratospheric ozone depletion, and climate change. Governments at the regional and global levels have entered into various agreements in an effort to deal with these problems. This paper deals with two major global atmospheric change issues: stratospheric ozone depletion and climate change. The focus is on the policy responses of the United States to these global issues. The United States has signed and ratified international agreements to deal with both problems. The Vienna Convention and the Montreal Protocol on Substances that Deplete the Ozone Layer have led to an effort in both developed and developing countries to phase out ozone depleting substances. The United Nations Framework Convention on Climate Change (UNFCCC) has been signed and ratified by over 180 countries. The UNFCC contained no binding targets and timetables for emissions reductions. The Kyoto Protocol (1997) to the UNFCCC did contain targets and timetables for reductions of greenhouse gases on the part of developed countries. The United States has signed but not ratified the Kyoto Protocol. The United States has experienced some movement to reduce greenhouse gas emissions on the part of various levels of government as well as the private sector. The policy process is constantly informed by scientific research. In the case of stratospheric ozone depletion and climate change, much of this work is carried out under the auspices of international scientific panels. From a policy perspective, there is a great deal of interest in the use of indicators for assessing the scope and magnitude of these problems, both for fashioning policy responses as well as assessing the impact of adopted programs to reduce ozone depleting substances, and potentially, greenhouse gases. This paper will discuss some of the indicators used for stratospheric ozone depletion and climate change.     

Straits used for international navigation

Abstract

This article summarizes our perspective of U.S. and Soviet interactions during a joint physical oceanography experiment. One author (RHH) was involved in early instrumentation and logistic work with the Soviets beginning in 1970, and was U.S. executive manager for the program from 1976–84. One author (CAC) was the National Science Foundation program manager responsible for administering the program. The experiment began with a preliminary meeting of Soviet and American oceanographers in 1973 and activities concluded with the publication of an atlas (see n. 9) in 1986. The intervening years included a variety of joint scientific activities which spanned a broad spectrum from theory and numerical modeling to at‐sea experiments. The total cost of U.S. activities as part of this program was about $25 million.     

Can the United States Establish the Outer Limits of Its Extended Continental Shelf Under International Law?

Although most provisions of the United Nations Convention on the Law of the Sea are regarded customary international law and the United States views most of its provisions as such, the outsider status of the United States causes problems in some areas, especially concerning the continental shelf beyond 200 nautical miles. This article asks whether it is possible for the United States to establish the outer limits of its continental shelf beyond 200 nautical miles in line with international law without becoming a state party to the convention, and if that is possible, how could the United States proceed?     

Survival after a diagnosis of testicular germ cell cancers in Germany and the United States, 2002–2006: A high resolution study by histology and age

Introduction: The aim of this study was to provide detailed age-specific (5-year age groups) and histology-specific (histologic subtypes of seminoma and nonseminoma) relative survival estimates of testicular germ cell cancer patients in Germany and the United States (U.S.) for the years 2002–2006 and to compare these estimates between countries. Methods: We pooled data from 11 cancer registries of Germany and used data from the U.S. (SEER-13 database) including 11,508 and 10,774 newly diagnosed cases (1997–2006) in Germany and the U.S., respectively. We estimated 5-year relative survival (5-year-RS) by histology and age based on period analysis. Results: 5-year-RS for testicular germ cell tumors was 96.7% and 96.3% in Germany and the U.S., respectively. 5-Year-RS for spermatocytic seminoma was close to 100% in both countries. 5-Year-RS for nonseminoma was lower than for classical seminoma in Germany (93.3% versus 97.6%) and the U.S. (91.0% versus 98.2%). Among nonseminomas, choriocarcinomas provided the lowest 5-year-RS in both countries (Germany 80.1%, U.S. 79.6%). Age-specific 5-year-RS for seminoma showed only little variation by age. 5-Year-RS for nonseminomas tended to be lower at higher ages, especially for malignant teratoma. Discussion: This is the first study that provides up-to-date survival estimates for testicular cancer by histology and age in Germany and the U.S. Survival after a diagnosis of testicular cancer is very comparable between Germany and the U.S. 5-Year-RS for spermatocytic seminoma was close to 100% and the lowest 5-year-RS occurred among choriocarcinoma. Higher age at diagnosis is associated with a poorer prognosis among nonseminoma patients.     

Closing the Loop on Cadmium - An Assessment of the Material Cycle of Cadmium in the U.S. (11 pp)

Goal, Scope and Background In this study, the major flows of cadmium in the U.S. economy are quantified and the primary sinks are identified to gauge the need for additional policy to minimize the potential human health and ecosystem risks associated with these flows. Because of the concurrent occurrence of cadmium and zinc in ore, we also consider the relevant portions of the material cycle of zinc. Methods We estimated the flows of cadmium through U.S. manufacturing using a mass balance approach with data provided by the U.S. Geological Survey's Minerals Yearbook. Cadmium emissions factors were created using facility specific information found in the U.S. Toxics Release Inventory and were used to model future losses. Data gaps were filled through review of relevant literature. We modeled the import and sales of nickel-cadmium batteries with rechargeable battery usage trends and estimates of market share by battery chemistry. Results and Conclusion Primary cadmium in the U.S. is almost exclusively produced as a co-product of zinc. Almost all zinc and cadmium mined in the U.S. is exported to foreign smelters as ore concentrate. We estimate that the bulk of cadmium consumed in the U.S. economy (~90%) is imported in the form of nickel-cadmium rechargeable batteries. These batteries can be divided into the larger wet-cells and portable rechargeable batteries (PRB). The collection rate for the recycling of large wet cells was found to be high (80%) while the collection rate for PRBs is low (5-20%). The Rechargeable Battery Recycling Corporation (RBRC) is responsible for the collection of these batteries which are recycled exclusively by the International Materials Reclamation Company (INMETCO). The remaining PRBs are generally disposed of in municipal solid waste (MSW) landfills. This study provides a detailed substance flow analysis of U.S. stocks and flows of cadmium in products, however additional research is needed to better quantify the associated exposures and risks. Recommendation and Perspective Based on our analysis, we make four recommendations. First we suggest that if cadmium is to be used, it should be used in long-lived products that can be easily collected and recycled with minimal losses. Second, continued cadmium use should be coupled with renewed efforts on the part of policy-makers to encourage the collection and recycling of cadmium-bearing products. At present, consumers do not see the environmental cost associated with the proper disposal of the cadmium content of NiCd batteries. Policy options for improving recycling rates include collecting deposits and providing rewards for the return of spent batteries, taxing or otherwise discouraging discarding PRBs in municipal solid waste, and providing incentives for extended producer responsibility. Third, we highlight the importance of the connection between zinc mining and the supply of cadmium in designing an effective policy to manage the risks associated with cadmium. Fourth, we recommend that policy measures be taken to provide the necessary data required to improve our understanding of the flow of cadmium into the U.S. in the form of product imports and the amount of cadmium lost or disposed of by recycling processes.     

U.S. Federal Initiatives to Support Biomass Research and Development

This article provides a brief overview of federal initiatives in the United States to support biomass research, demonstration, and development. The interest in the biomass industry and U.S. federal efforts to spur development of, increased production of, and use of biopower, biofuels, and biobased products, collectively known as the "biomass industry", are discussed. A growing level of leadership from the executive branch of the federal government and support by the U.S. Congress are documented. Five important policy drivers that support this heightened emphasis on biomass for power, fuels, and products are identified and discussed. The current status of U.S. dependence on these renewable energy sources is briefly outlined. Federal biomass funding activity for the current fiscal year by the U.S. Department of Agriculture and the U.S. Department of Energy, two major federal participants in research, demonstration, and development for this industry, is briefly outlined. This funding commitment is placed into an overall context of total federal support for all research and development. Finally, the article suggests future market penetration targets for this industry, emphasizes the importance of infrastructure development necessary to support the industry's growth, and notes the payoff from such development for farmers, foresters, rural communities, and the environment.     

International Law and Politics in U.S. Policymaking: The United States and the Svalbard Dispute

This article explains the position(s) of the United States in the maritime dispute adjacent to Svalbard. While the United States has regarded Norway's exclusive claim to the natural resources outside Svalbard as everything from “wishful thinking” to legally plausible, Washington maintains that it may have rights under the 1920 Svalbard Treaty to exploit the maritime zones adjacent to the archipelago. The U.S. reservation is the result of assessments and reassessments of legal considerations as well as national interests.     

Towards a triple bottom-line sustainability assessment of the U.S. construction industry

Purpose

The construction industry has considerable impacts on the environment, economy, and society. Although quantifying and analyzing the sustainability implications of the built environment is of great importance, it has not been studied sufficiently. Therefore, the overarching goal of this study is to quantify the overall environmental, economic, and social impacts of the U.S. construction sectors using an economic input–output-based sustainability assessment framework.

Methods

In this research, the commodity-by-industry supply and use tables published by the U.S. Bureau of Economic Analysis, as part of the International System of National Accounts, are merged with a range of environmental, economic, and social metrics to develop a comprehensive sustainability assessment framework for the U.S. construction industry. After determining these sustainability assessment metrics, the direct and indirect sustainability impacts of U.S construction sectors have been analyzed from a triple bottom-line perspective.

Results

When analyzing the total sustainability impacts by each construction sector, “Residential Permanent Single and Multi-Family Structures" and "Other Non-residential Structures" are found to have the highest environmental, economic, and social impacts in comparison with other construction sectors. The analysis results also show that indirect suppliers of construction sectors have the largest sustainability impacts compared with on-site activities. For example, for all U.S. construction sectors, on-site construction processes are found to be responsible for less than 5 % of total water consumption, whereas about 95 % of total water use can be attributed to indirect suppliers. In addition, Scope 3 emissions are responsible for the highest carbon emissions compared with Scopes 1 and 2. Therefore, using narrowly defined system boundaries by ignoring supply chain-related impacts can result in underestimation of triple bottom-line sustainability impacts of the U.S. construction industry.

Conclusions

Life cycle assessment (LCA) studies that consider all dimensions of sustainability impacts of civil infrastructures are still limited, and the current research is an important attempt to analyze the triple bottom-line sustainability impacts of the U.S. construction sectors in a holistic way. We believe that this comprehensive sustainability assessment model will complement previous LCA studies on resource consumption of U.S. construction sectors by evaluating them not only from environmental standpoint, but also from economic and social perspectives.     

The legacy lead deposition in soils and its impact on cognitive function in preschool-aged children in the United States

Surface soil contamination has been long recognized as an important pathway of human lead exposure, and is now a worldwide health concern. This study estimates the causal effects of exposure to lead in topsoil on cognitive ability among 5-year-old children. We draw on individual level data from the 2000 U.S. Census, and USGS data on lead in topsoil covering a broad set of counties across the United States. Using an instrumental variable approach relying on the 1944 Interstate Highway System Plan, we find that higher lead in topsoil increases considerably the probability of 5-year-old boys experiencing cognitive difficulties such as learning, remembering, concentrating, or making decisions. Living in counties with topsoil lead concentration above the national median roughly doubles the probability of 5-year-old boys having cognitive difficulties. Nevertheless, it does not seem to affect 5-year-old girls, consistent with previous studies. Importantly, the adverse effects of lead exposure on boys are found even in counties with levels of topsoil lead concentration considered low by the guidelines from the U.S. EPA and state agencies. These findings are concerning because they suggest that legacy lead may continue to impair cognition today, both in the United States and in other countries that have considerable lead deposition in topsoil.     

中国履行生物多样性公约的成就和展望

2004年是生物多样性公约实施10周年。中国于1993年1月7日作为第7个国家正式加入“公约”。接着就由国家环境保护总局牵头组建国家履约协调组和许多联络点,下设办公室负责日常工作。可见,国家对生物多样性工作的重视和认真的态度。10年来,中国在履约方面做了大量工作,成绩显著。例如,完成了“中国生物多样性国情研究报告”和“中国生物多样性保护行动计划”等一大批重要文件,建立了“生物多样性委员会”、“生物多样性保护基金会”和相应的科学与教育部门,开展了许多科研项目和讲授相关的课程,出版了系列丛书和“中国生物多样性”学术刊物,重视开展学术交流,建立了生物多样性数据库和相关的管理政策,生物多样性保护实体和产业日益增加和发展等就是明显的事例。履约10年的经验在于下列三个方面(1)保护和发展必须密切结合;(2)“统一协调、分散管理”的方针需要进一步完善;(3)基础性和综合性研究需要加强。展望未来,只有在加强基础和综合研究以及提高管理水平方面下一番功夫,履约工作才能取得更大的成绩。     

Caught in the Psychiatric Net: Meanings and Experiences of ADHD,Pediatric Bipolar Disorder and Mental Health Treatment Among a Diverse Group of Families in the United States

Based on a 13-month ethnographic meaning-centered study of the lived experience of behavioral and emotional disorders among children and families living in the United States, this article highlights the range of orientations to mental health problems and treatment among families from diverse backgrounds. Detailed case portraits of three families are presented to illustrate the various meanings that psychiatric diagnoses and mental health treatments take on within families, with medicalized perspectives holding less salience among African-American families relative to Euro-Americans in the study. The diverse orientations to problems among families in the study suggest that, despite the dominance of biochemical and neurological explanations for behavioral and emotional distress in contemporary U.S. culture, and especially U.S. psychiatry, nonpathological interpretations have not been wholly eclipsed by broad trends toward biologization and medicalization. Families’ experiences are positioned to reveal the allure, as well as the limitations, of biopsychiatric approaches to behavioral and emotional problems.