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.     

Legal Aspects of the Russian–Norwegian Model for Cross-Border Unitization in the Barents Sea and Arctic Ocean

This article examines the provisions in the 2010 Russian–Norwegian Treaty on Maritime Delimitation and Cooperation in the Barents Sea and the Arctic Ocean dealing with the management of transboundary hydrocarbon resources. How compatible is the unitization mechanism in the Treaty with Russian and Norwegian legislation? Will there be tension between Russian and Norwegian interpretations? How does Russian and Norwegian legislation support or challenge the concept of a “unit operator” in a cross-border unitization? What are the possible concerns and pitfalls related to mechanisms for consultations and procedures for dispute resolution?     

Focus: Vaccines: Achieving Global Vaccine Equity: The Case for an International Pandemic Treaty

This paper presents an ethical argument in support of an international Pandemic Treaty. It argues that an international Pandemic Treaty is the best way to mark progress on global vaccine equity and broader issues of global pandemic preparedness and response which came to light during the coronavirus disease 2019 (COVID-19) pandemic. Section I evaluates principles of multilateral charity, national security, and international diplomacy standardly invoked in debates about global vaccine allocation and argues that these approaches fall short. Section II explicates notions of solidarity, duties to the least well-off, and mutual aid as ethical values more fitting for an era of emerging infectious diseases. Section III relates the discussion to an international Pandemic Treaty and presents legal, pragmatic, and ethical reasons to support it. The paper concludes that in an interconnected world, fair sharing of vaccines between nations is morally mandatory.     

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 Status Under International Law of the Maritime Areas Around Svalbard

The Spitsbergen Treaty of 1920 conferred sovereignty on Norway regarding Svalbard subject to the stipulations of the Treaty. By its terms, the Treaty refers to the Svalbard archipelago and the territorial sea. This article examines the controversy over the question of the present-day extent of the applicability of the Treaty, including the continental shelf and exclusive economic zone.     

中国农业生物多样性保护进展概述

农业生物多样性是农业安全生产的基础条件和农业可持续发展的战略资源。中国自20世纪50年代就开始重视农业生物多样性的保护, 建立了较为完善的法律法规等保障体系, 并在农业生态系统、物种和遗传多样性3个层面采取了一系列保护措施, 基本形成了异位保存和原生境保护相互补充的保护体系, 取得了显著的保护成效。本文概述了中国近70年来农业生物多样性保护在法律法规和保护机制、保护规划、保护体系和能力建设方面取得的进展, 指出我国农业生物多样性保护面临着未与国际国内发展战略相适应、保护体系不完整、保护能力不足等问题, 并提出完善我国农业生物多样性保护体系、促进农业生态系统服务功能系统化、加快农业生物多样性主流化进程以及加强能力建设等相关建议。     

The Treaty of Waitangi and Research Ethics in Aotearoa

Researchers, when engaging with Māori communities, are in a process of relationship building and this process can be guided by the principles of the Treaty of Waitangi, partnership, participation and protection. The main concerns for many indigenous peoples in research revolve around respect for their indigenous rights, control over research processes and reciprocity within research relationships to ensure that equitable benefits are realised within indigenous groups. Māori have identified similar issues and these concerns can be aligned with the principles of the Treaty of Waitangi. The relevance of the Treaty of Waitangi to research ethics is discussed and this paper suggests a revised interpretation of the treaty principles to incorporate the range of ethical issues that Māori have expressed as important.     

Why Are There So Many Waterfowl and So Few Northern Bobwhites? Rethinking Federal Coordination

In this paper we ask whether we should we re-examine the future of upland gamebird management and greater federal oversight and partnerships in the twenty-first century. Management for waterfowl in North America has been successful because of the 1918 Migratory Bird Treaty Act (MBTA) and the subsequent 1986 North American Waterfowl Management Plan (NAWMP). Although the MBTA included most migratory and non-migratory species, upland gamebirds, including the northern bobwhite (Colinus virginianus; bobwhite), were excluded and retained under state control. Although many waterfowl populations have been increasing, bobwhite populations have declined precipitously during much of the period. Excluding non-migratory gamebirds from the MBTA meant that the multistate coordinating efforts that made the MBTA successful for increasing the management of waterfowl have not been applied. The National Bobwhite Conservation Initiative (NBCI) has made a strong effort to unite states within the bobwhite range but does not have the federal anchoring and financial support that were given to states by the MBTA and NAWMP and currently integrate adaptive harvest, habitat management, and financial partnerships to acquire and manage wetlands that support waterfowl production. The NBCI Coordinated Implementation Program (CIP) is designed to serve the function of developing and monitoring habitat for bobwhites but is entirely voluntary and dependent entirely on state and non-governmental organization (NGO) funds, lacking federal grants and Federal Duck Stamp funds. To catch up with the successes of waterfowl, we discuss the implications of increasing coordination, partnerships, and funding mechanisms between the federal government, state governments, and NGOs to provide common landscape-level population monitoring and modeling, adaptive harvest regulations, habitat management goals, and a national upland gamebird stamp. © 2021 The Wildlife Society.     

United Nations involvement in ocean mining

Abstract

Developing country governments seek implementation of the New International Economic Order (NIEO) through the medium of United Nations involvement in ocean mining. To understand the debate over the Draft Treaty it is important to identify the various functions that a UN authority could perform. There is, for example, no full precedent for a joint venture in which one of the parties, the Enterprise, is an international organization. Moreover, a central question regarding the proposed Seabed Authority is whether both promotion and control of commercial activity can be performed appropriately by the same agency. The essay considers a mining regime as envisaged under the Draft Treaty and alternatively as it may be under an interim reciprocal regime in the event of nonratification. Whatever the outcome of LOS III, another alternative, incremental implementation, should be rereviewed carefully.     

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.     

A Note on the United States and the Law of the Sea: Looking Back and Moving Forward

Since the Antarctic Treaty was negotiated in 1959, there have been substantial developments in the law of the sea. One of the most significant developments has been the recognition granted to coastal state entitlements to claim a range of offshore maritime areas. Yet, one of the principal aims of the Antarctic Treaty was to eliminate sovereignty disputes between territorial claimants, and the treaty placed limitations on the assertion of new claims. Nevertheless, most Antarctic territorial claimants have asserted some form of Antarctic maritime claim. This article particularly considers Australia's position toward maritime claims offshore the Australian Antarctic Territory (AAT). It reviews the limitations imposed by the Antarctic Treaty, the difficulties in determining baselines in Antarctica, Australia's practice in declaring Antarctic maritime claims, and the potential range of maritime boundaries that Australia may one day have to delimit with neighboring states in the Southern Ocean.     

Breeding expansion of sandhill cranes in Quebec

Sandhill cranes (Antigone canadensis) were broadly extirpated from much of their historical range in North America at the beginning of the twentieth century. Various conservation-related legislation, such as the United States Migratory Bird Treaty Act, have assisted with population recovery. The eastern population of sandhill cranes has been growing rapidly since the 1980s and is thought to have expanded its geographic range to Quebec, Canada. Understanding the colonization and habitat use by the species in previously unoccupied breeding areas is necessary to develop and apply management measures. Using a dynamic occupancy modeling approach, we investigated the recent colonization and extirpation patterns of sandhill cranes in Quebec from 2004–2019. We combined data from 3 data sets (helicopter surveys, breeding bird atlas surveys, and eBird) to increase the spatial coverage and the number of species occurrence records while accounting for imperfect detection probability. Detection probability was highest for the helicopter survey (0.70), whereas the 2 other data sets had relatively low detection levels (0.10–0.26). Based on a simulation study, we found that excluding the eBird data from the analysis produced more biased estimates than excluding the atlas and helicopter survey data sets. Throughout the study, sandhill cranes seemed to have completed their colonization of western Quebec and only recently started to nest in eastern areas. Initial occupancy increased with wetland cover and colonization probability increased weakly with the cover of agricultural areas, suggesting that in our study area sandhill cranes rely essentially on natural wetlands during the breeding season.     

Prescribed take levels of downy and hairy woodpeckers in the eastern United States

Hairy (Dryobates villosus) and downy (Dryobates pubescens) woodpeckers occur in high densities in residential areas of the eastern United States. In many areas of their range, they cause damage to wooden structures through foraging, excavation of nesting cavities, and drumming behaviors, causing requests for allowable take permits. Both species hold year-round territories, which could make them vulnerable to local extirpation with excess take. To meet the requirements of the Migratory Bird Treaty act, the United States Fish and Wildlife Service (USFWS) requested scientifically informed evaluation of take to minimize population effects as part of its approach to reduce human–wildlife conflict. We used a prescribed take approach, which uses data from population, demographic, and management parameter estimates to determine the allowable take from Louisiana to Minnesota and all states east. Furthermore, we used 2 different methods of estimating growth rates to control for demographic uncertainties. The resulting estimates provide take at the state and USFWS regional scales to improve stakeholder choices when setting allowable take. Current authorized take (2016–2018) is below the take that could be sustained by current populations, and current rates of take are not likely to cause population-level effects. These results were largely consistent across methodologies for calculating the rate of growth for both species. Take still needs to be managed to prevent local extirpation of these resident species. Allowable take estimates should be periodically updated to reflect changing management and population needs for both species.     

“Working the System”—British American Tobacco's Influence on the European Union Treaty and Its Implications for Policy: An Analysis of Internal Tobacco Industry Documents

Background

Impact assessment (IA) of all major European Union (EU) policies is now mandatory. The form of IA used has been criticised for favouring corporate interests by overemphasising economic impacts and failing to adequately assess health impacts. Our study sought to assess how, why, and in what ways corporations, and particularly the tobacco industry, influenced the EU''s approach to IA.

Methods and Findings

In order to identify whether industry played a role in promoting this system of IA within the EU, we analysed internal documents from British American Tobacco (BAT) that were disclosed following a series of litigation cases in the United States. We combined this analysis with one of related literature and interviews with key informants. Our analysis demonstrates that from 1995 onwards BAT actively worked with other corporate actors to successfully promote a business-oriented form of IA that favoured large corporations. It appears that BAT favoured this form of IA because it could advance the company''s European interests by establishing ground rules for policymaking that would: (i) provide an economic framework for evaluating all policy decisions, implicitly prioritising costs to businesses; (ii) secure early corporate involvement in policy discussions; (iii) bestow the corporate sector with a long-term advantage over other actors by increasing policymakers'' dependence on information they supplied; and (iv) provide businesses with a persuasive means of challenging potential and existing legislation. The data reveal that an ensuing lobbying campaign, largely driven by BAT, helped secure binding changes to the EU Treaty via the Treaty of Amsterdam that required EU policymakers to minimise legislative burdens on businesses. Efforts subsequently focused on ensuring that these Treaty changes were translated into the application of a business orientated form of IA (cost–benefit analysis [CBA]) within EU policymaking procedures. Both the tobacco and chemical industries have since employed IA in apparent attempts to undermine key aspects of European policies designed to protect public health.

Conclusions

Our findings suggest that BAT and its corporate allies have fundamentally altered the way in which all EU policy is made by making a business-oriented form of IA mandatory. This increases the likelihood that the EU will produce policies that advance the interests of major corporations, including those that produce products damaging to health, rather than in the interests of its citizens. Given that the public health community, focusing on health IA, has largely welcomed the increasing policy interest in IA, this suggests that urgent consideration is required of the ways in which IA can be employed to undermine, as well as support, effective public health policies. Please see later in the article for the Editors'' Summary     

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.     

Territorial Sea Baselines along Ice-Covered Coasts: International Practice and Limits of the Law of the Sea

This article considers the relevant international law pertaining to territorial sea baselines and reviews the application of that law to ice-covered coasts. The international literature concerning the status of ice in international law is examined and state practice for both the Arctic and Antarctic is reviewed. The Law of the Sea Convention contains virtually no provisions pertaining to ice, as during its negotiation, in an effort to reach a consensus, all discussion of Antarctica was avoided. International lawyers appear to favour the notion that where ice persists for many years and is fixed to land or at least is connected to ice that is connected to land, it may be able to generate territorial sea baselines. Neither the International Court of Justice nor any other international tribunal has had the opportunity to consider the status of ice, except in the most general terms. This article considers some alternatives and difficulties in their application. The impact of the Antarctic Treaty on any system is also considered, as Articles IV and VI of the Treaty may be affected by any international action by claimants in proclaiming baselines.-     

Innocent,transit, and archipelagic sea lanes passage

Abstract

Norway is involved in two maritime boundary disputes with the Soviet Union. In relation to Svalbard, the Soviet Union argues that the archipelago has a continental shelf and an exclusive economic zone (EEZ) of its own to which all parties to the Svalbard Treaty have equal access. This is disputed by Norway, which maintains that such a view of the matter implies an expansive interpretation of the Svalbard Treaty for which there is no support in international legal practice. In the Barents Sea there is a continuing dispute between Norway and the Soviet Union over the proper location of the continental shelf and EEZ boundaries. This article sets out some of the reasons behind the different arguments on which the two base their respective cases, and the reasons why Norway in the absence of a delineated boundary has refused to accept Soviet proposals for economic cooperation in the disputed ocean area. Major emphasis is placed on the confluence of several circumstances inter alia, geopolitical and historical factors, a strongly asymmetrical power relationship, and legal ambiguity.     

China's antarctic policy and the Antarctic Treaty system

Abstract

China began to express its interest in Antarctica in the early 1980s. China acceded to the Antarctic Treaty in 1983 and obtained consultative party status within the Antarctic Treaty System (ATS) two years later. Since 1984, China has been sending national scientific expeditions annually to this white continent and the surrounding seas. This article analyzes China's interests in and policy toward Antarctica as a whole by first discussing China's activities in Antarctica, its approaches to the Antarctic Treaty, and its role in the ATS and then exploring the future trend of China's Antarctic policy from political, economic, scientific, and environmental perspectives. The article concludes that, with China's involvement in Antarctic affairs, the vitality of the ATS has been further strengthened and Antarctica can better serve the interest of all mankind.     

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 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.