Qualitative and quantitative interpretations of the least restrictive means

Within healthcare ethics and public health ethics, it has been the custom that medical and public health interventions should adhere to the principle of the least restrictive means. This principle holds that public health measures should interfere with the autonomous freedom of individuals to the least possible or necessary extent. This paper contributes to the discussion on how best to conceptualize what counts as the least restrictive means. I argue that we should adopt a novel, qualitative interpretation of what counts as the least restrictive means. Based on the multidimensional framework of the capability approach, the qualitative interpretation holds that the least restrictive means should be measured in terms of whether it restricts certain normatively valuable freedoms. I contrast this interpretation with quantitative interpretations that measure how much, or the extent to which, a public health measure interferes with the freedom of individuals.     

Academic Freedom and the Professional Responsibilities of Applied Ethicists: A comment on Minerva

Academic freedom is an important good, but it comes with several responsibilities. In this commentary we seek to do two things. First, we argue against Francesca Minerva's view of academic freedom as presented in her article ‘New threats to academic freedom’ on a number of grounds. We reject the nature of the absolutist moral claim to free speech for academics implicit in the article; we reject the elitist role for academics as truth‐seekers explicit in her view; and we reject a possible more moderate re‐construction of her view based on the harm/offence distinction. Second, we identify some of the responsibilities of applied ethicists, and illustrate how they recommend against allowing for anonymous publication of research. Such a proposal points to the wider perils of a public discourse which eschews the calm and careful discussion of ideas.     

The new ocean regime and Japan

Abstract

Japan is an island nation which is heavily dependent upon the surrounding seas for food, importation of raw materials, exportation of finished products, and for national security. Japan is also the world's largest fishing and shipping nation, which poses certain problems and imposes special responsibilities on her. Japan has traditionally followed the principle of freedom of the high seas, but under the external pressure of developments at UNCLOS III and unilateral actions by other states, Japan has been forced to accept and accommodate herself to the new concept of transit passage through international straits, the twelve nautical mile territorial sea, and the two hundred nautical mile exclusive economic zone, which were perceived as contrary to her national interests. However, Japan is adapting to the new ocean regime that is emerging from both customary and conventional international law, because she has confidence that a stable regime is more important in the long run than some short‐term advantages that might be obtained through the absence of any regime. Furthermore, as one of the highly developed nations of the world, Japan feels a special responsibility to play an effective role in aiding and assisting the developing nations of the world.     

Culture and National Well-Being: Should Societies Emphasize Freedom or Constraint?

Throughout history and within numerous disciplines, there exists a perennial debate about how societies should best be organized. Should they emphasize individual freedom and autonomy or security and constraint? Contrary to proponents who tout the benefits of one over the other, we demonstrate across 32 nations that both freedom and constraint exhibit a curvilinear relationship with many indicators of societal well-being. Relative to moderate nations, very permissive and very constrained nations exhibit worse psychosocial outcomes (lower happiness, greater dysthymia, higher suicide rates), worse health outcomes (lower life expectancy, greater mortality rates from cardiovascular disease and diabetes) and poorer economic and political outcomes (lower gross domestic product per capita, greater risk for political instability). This supports the notion that a balance between freedom and constraint results in the best national outcomes. Accordingly, it is time to shift the debate away from either constraint or freedom and focus on both in moderation.     

The Return to a Mare Clausum Through Regional Fisheries Management Organizations?

The operation of regional fisheries management organizations (RFMOs) may transform the high seas into mare clausum, by threatening the premise of the freedom of the high seas―equal access of all states to the high seas. This arises since the procedure to become a party to RFMOs prevents states from enjoying the freedom of fishing. Moreover, formal and substantive equality is not ensured in the decision-making process of RFMOs. However, in order to avoid this threat to mare liberum, RFMOs are making some efforts toward more rational and equitable management.     

Then and Now: Reappraising Freedom of the Seas in Modern Law of the Sea

The principle of freedom of the seas remains the governing paradigm of the high seas in modern law of the sea. Although the principle, as embraced by the UN Convention on the Law of the Sea (LOSC), is no longer an absolute norm, it continues to present fundamental challenges for achieving effective conservation on the high seas as it stands in direct contrast to the conservation duty imposed on states by LOSC. The recent UN General Assembly resolution calling for the adoption of a further Implementing Agreement under LOSC to address conservation on the high seas, highlights the need to build a new ethos for management of the high seas, which will require states to loosen their firm grip on the Grotian doctrine. This article seeks to contribute toward shifting attitudes in relation to the principle of freedom through an examination of the nature and scope of the principle in its historic context and in contemporary law of the sea.     

“2020年后全球生物多样性框架”的谈判进展以及对我国的建议

“2020年后全球生物多样性框架”是当前《生物多样性公约》谈判的焦点议题, 了解该议题的谈判进展将对我国顺利举办第15次缔约方大会(COP15)产生积极的作用。本文在梳理相关谈判进程的基础上, 分析了各方主要观点, 并就我国应对国际谈判并以东道国身份推进该框架的制定进程提出了建议。各方对制定框架的时间表、程序和一般性原则形成了较为一致的共识, 认为应尽快确定“2020年后全球生物多样性框架”的程序及时间表, 基于“爱知生物多样性目标”的执行经验、科学结论和和广泛的信息来源, 与“可持续发展目标”及其他国际进程衔接, 重视利用情景和模型, 并支持更多利益相关方参与制定过程。同时, 各方认为框架应主要包括土地利用、保护和恢复生物多样性的措施、解决生物多样性丧失的根本原因、主流化、能力建设、资源调动、国家承诺等要素。为应对国际谈判, 建议我国在《公约》谈判会议中适时提出以下观点: 重视实现可持续利用相关的目标; 提升评估指标体系的合理性; 科学制定措施。此外, 建议我国采取以下措施积极推进框架制定进程: 充分利用国际高级别会议, 提升政治重视程度; 积极与主要国际进程协作, 推进该框架深入讨论; 重视调动利益相关方积极性。     

Vietnam's national interests and the law of the sea

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.     

Harmonizing extended zone legislation in southeast asia

Abstract

The extension of national jurisdictions up to 200 nautical miles out to sea creates new opportunities for cooperation among nations in regions such as Southeast Asia. One approach to cooperation is for nations of the region to work toward harmonizing their national laws relating to the management of their extended zones. Harmonization may be defined as the deliberate alignment of the laws of different nations for the purpose of fulfilling their national interests.

In Southeast Asia there are opportunities for harmonization in most of the major ocean use sectors. In fisheries, for example, standardized laws might be established regarding the licensing of foreign fishing vessels for access to Southeast Asian waters. In shipping, agreed standards could be applied to expedite shipping between ports of the region as well as for traffic to and from the region. In environmental protection, uniform standards could be established for monitoring for pollution. Harmonization may be especially useful where issues are international in character but the concerned nations are reluctant to create any new international management body.     

Submarine Communications Cables and Law of the Sea: Problems in Law and Practice

Submarine communications cables laid on the seabed of the ocean are the foundation of the world's international telecommunications network. International law, in particular, the law of the sea, has recognized the freedom to lay submarine cables and perform associated operations and has placed certain obligations on states related to the protection of submarine cables. This article examines the international law with respect to submarine cables and discusses the various problems with both the law and state practice on submarine cables. It argues that these problems are illustrations of the traditional challenges that face the law of the sea; that is, the balancing and accommodation of competing uses of ocean space. It concludes that an important step toward resolving these problems is enhanced consultation and cooperation between cable companies and governments and that efforts should focus on creating such mechanisms.     

The Legal Regime Governing Sea Transport of Ultrahazardous Radioactive Materials

Although the international community has taken some steps to address the risks created by the movements of ultrahazardous radioactive cargoes, important gaps still exist in the legal regime governing these activities. An apparent consensus has been reached at the International Maritime Organization (IMO) to make the Code for the Safe Carriage of Irradiated Nuclear Fuel, Plutonium, and High-Level Radioactive Wastes in Flasks Aboard Ships (the INF Code) mandatory and to seek some clarification of the standards governing shipboard safety. But still lacking are agreements regarding salvage responsibilities, liability of shippers for damages, revision of transport cask safety standards to meet maritime accident conditions, obligations to consult regarding the best routes and to provide advance notification to concerned coastal states, the preparation of environmental assessments, and contingency planning to handle shore emergencies and salvage responsibilities. Until agreements are reached on these important matters, the shipment of these extremely dangerous or "ultrahazardous" materials will continue to violate fundamental norms of international law and comity because they place coastal nations that receive no benefit from the shipments at grave risk of environmental disaster without any legal protections. Because the shipments of ultrahazardous radioactive cargoes are increasing, it is highly advisable for concerned nations to negotiate regional protocols delineating the legal regime that applies to these maritime transports. A draft model protocol is attached at the end of this article which may provide guidance on this effort. It is also appropriate for concerned nations to consider bringing a claim against the shipping nations under the dispute resolution mechanisms established by the 1982 United Nations Law of the Sea Convention. Such a claim would be based on the failure of the shipping nations to comply with their obligations under the convention to prepare and distribute environmental impact assessments, consult with affected nations, prepare emergency contingency plans, and agree to an effective liability regime in the event of an accident. Because of the grave potential risks created by these shipments and because of the failure of the shippers to meet their obligations to protect coastal nations from these risks, coastal nations may be justified under international law to take unilateral or regional action to block future shipments.     

Transgenic crops,biotechnology and ownership rights: what scientists need to know

Ownership of intellectual and tangible property (IP/TP) rights in agricultural biotechnology (ag-biotech) and transgenic plants has become critically important. For scientists in all institutions, whether industrialized or developing country, public or private sector, an understanding of IP/TP rights is fundamental in both research and development. Transgenic plants and ag-biotech products embody numerous components and processes, each of which may have IP/TP rights attached. To identify these rights, a transgenic plant or ag-biotech product must be dissected into its essential components and processes, with each 'piece' analysed under the IP/TP 'microscope'. This product deconstruction is an integral step in product clearance (PC) analysis leading to freedom to operate (FTO). To facilitate a PC analysis, the following points are important: (1) knowing what one has and where it's from, (2) organizing material transfer agreements and licences, (3) researching scientific and patent databases and relevant literature, (4) instituting a laboratory notebook policy, (5) keeping track of ownership of germplasm and plant genetic resources, and (6) promoting ongoing IP/TP management, awareness and training. However, a FTO opinion does not solve the IP/TP issues of releasing a transgenic plant or ag-biotech product; rather, it is a management tool for assessing the risks of litigation. When transferring transgenic plants or ag-biotech to developing nations, scientists from industrialized countries have the heightened responsibility of verifying that IP/TP issues are fully addressed and documented. Successful technology transfer goes beyond research, development and licensing; it is an holistic package leading to long-term partnerships in international development. Managing IP/TP requires capacity-building in scientists and technology transfer offices, in both industrialized and developing countries.     

Politics,Pride, and Precedent: The United States and Canada in the Northwest Passage

The issue of the status of the Northwest Passage has ebbed and flowed in U.S.-Canada relations for decades, but the effect of global warming in the Arctic has moved this issue from the largely academic and legalistic realms to the forefront of bilateral (and international) relations. Intimately linked to Canadian nationalism, U.S. adherence to the doctrine of freedom of the seas, and to politics in both nations, the opposing positions held by the two states can no longer afford to be implacably held. Rather, it is time to put pride and politics aside and return to the “special relationship” between Canada and the United States in order to effect meaningful and mutually beneficial continental security.     

Flexibility and Repeatability of Finger Movements During Typing: Analysis of Multiple Degrees of Freedom

The kinematics of the hand and fingers were studied during various keystrokes in typing. These movements were defined by 17 degrees of freedom of motion, and methods were developed to identify simplifying strategies inthe execution of the task. Most of the analysis was restrictedto the 11 degrees of freedom of the fingers, neglecting thumband wrist motion. Temporal characteristics of the motion weredefined by computing principal components, and it was found thatonly a few (two to four) principal components were needed tocharacterize motion of each of the degrees of freedom.Hierarchical relationships among patterns within and betweendifferent degrees of freedom were identified using clusteranalysis. There was a considerable amount of consistency eachtime a given keystroke was executed by a subject, and thisrepeatability may imply a reduction in the number of degrees offreedom independently controlled by the nervous system. However,there also appears to be considerable flexibility in thecoordination of the many joints of the hand when examined acrossdifferent keys and across different subjects.     

Degrees of freedom in interspecific allometry: An adjustment for the effects of phylogenetic constraint

The data used in studies of bivariate interspecific allometry usually violate the assumption of statistical independence. Although the traits of each species are commonly treated as independent, the expression of a trait among species within a genus may covary because of shared common ancestry. The same effect exists for genera within a family and so on up the phylogenetic hierarchy. Determining sample size by counting data points overestimates the effective sample size, which then leads to overestimating the degrees of freedom that should be used in calculating probabilities and confidence intervals. This results in an inflated Type 1 error rate. Although some workers (e.g., Felsenstein [1985] Am. Nat. 125:1–15) have suggested that this issue may invalidate interspecific allometry as a comparative method, a correction for the problem can be approximated with variance components from a nested analysis of variance. Variance components partition the total variation in the data set among the levels of the nested hierarchy. If the variance component for each nested level is weighted by the number of groups at that level, the sum of these values is an estimate of an effective sample size for the data set which reflects the effects of phylogenetic constraint. Analysis of two data sets, using taxonomy to define levels of the nested hierarchy, suggests that it has been common for published studies of interspecific allometry to severely overestimate the number of degrees of freedom. Interspecific allometry remains an important comparative method for evaluating questions concerning individual species that are not similarly addressed by the format of most of the newer comparative methods. With the correction proposed here for estimating degrees of freedom, the major statistical weakness of the procedure is substantially reduced. © 1994 Wiley-Liss, Inc.     

Fisheries-Led Development in the South Pacific: Charting a “Pacific Way” to a Sustainable Future

Considerable debate surrounds the appropriate mix of policies to drive fishing-led development among the developing nations in the South Pacific. Since the 1970s, South Pacific small island states have committed themselves to policies of tuna industry domestication, but serious doubts have emerged as to whether these can deliver improvements to the well-being of Pacific peoples. An alternative policy approach has been suggested by development economists that would see Pacific Island nations largely abandon direct involvement in the industry and return to collective efforts to secure reasonable access fees from distant water fishing nations that take the majority of the region's tuna catches. This article argues that one reason that this policy shift has not been taken is that tuna industry domestication policies remain bound up within the influential discourse of “resource nationalism.” It is contended that any movement toward a more environmentally and developmentally sustainable ocean fisheries policy will require close engagement and transformation of this sovereignty-focused narrative.     

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.     

New Threats to Academic Freedom

Using a specific case as an example, the article argues that the Internet allows dissemination of academic ideas to the general public in ways that can sometimes pose a threat to academic freedom. Since academic freedom is a fundamental element of academia and since it benefits society at large, it is important to safeguard it. Among measures that can be taken in order to achieve this goal, the publication of anonymous research seems to be a good option.     

New concepts in the law of the sea

Abstract

Current ocean law negotiations reflect conflicts between two old and competing approaches: the view that the coastal state should control activities in any large adjacent ocean area, and the view that most of the ocean should be left open to the free use of all nations. Both approaches are laissez‐faire, leave the distribution of benefits to arbitrary factors, and are based on national exclusivity. In the negotiations this conflict is exhibited in competing claims regarding navigation, mineral resources, fishing, environmental protection, and strategic uses. A possible resolution has emerged in the concept of the whole ocean as a common resource of humankind, according to which no individual state has a right to benefit from the ocean except pursuant to arrangements sanctioned by the community, and rights to benefit are determined not arbitrarily but by membership in the community. The regime now likeliest to be produced by such an approach includes (1) a narrow territorial sea and various navigation guarantees, (2) a wide coastal band coupling coastal state managerial functions with permanent international prerogatives, and (3) purely international manage‐ment of the deep seabed.     

环境科学国际合作的理论机制研究

迄今科学界尚无形成系统的国际科学合作理论,也鲜有就环境科学国际合作进行理论研究。首次从全球资源配置的角度来看待环境科学国际合作。通过国际合作,环境科学在内在科学动力和外在社会动力的驱动下,促使全球科学资源和社会资源向有利于环境学科自身发展的方向流动和积聚。其中,配置科学资源遵循"最优要素选择原则",配置社会资源遵循"最小省力原则",两种内在动力和两个调节手段共同构成了环境科学国际合作的理论机制。