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1.
    
In several recent Awards, Part XV tribunals constituted under the UN Convention on the Law of the Sea have been called upon to decide claims based on rights and obligations that find their source in a treaty, agreement, or otherwise binding instrument other than the Convention itself, or on customary international law. This article considers the extent to which such claims fall properly within the jurisdiction of a Part XV tribunal, either on the basis of the applicable law provision in Article 293(1) of the Convention, or on the basis of provisions of the Convention that make reference to other relevant rights and obligations.  相似文献   

2.
    
Conciliation is an age-old peaceful means of dispute settlement. The UN Convention on the Law of the Sea provides for both voluntary and compulsory conciliation. The importance of conciliation under UNCLOS is obvious, yet it has received little focused attention.  相似文献   

3.
This article explores the connection between obligations to reduce greenhouse gas (GHG) emissions under the climate change regime and obligations to protect the marine environment under the United Nations Convention on the Law of the Sea (UNCLOS). Within the context of the state of the science on the links between climate change and the marine environment, the article considers whether the emission of greenhouse gases as a result of human activity constitutes a violation of various obligations under the UNCLOS. Having identified a number of possible violations, the article proceeds to consider the application of the binding dispute settlement process under the UNCLOS and the possibility of a successful claim.  相似文献   

4.
    
The real issue in the Chagos Marine Protection Area Arbitration should have been the dispute concerning the Lancaster House Undertakings, over which the Arbitral Tribunal had no jurisdiction. The UNCLOS has no express provision respecting the jurisdiction over mixed disputes—disputes involving territorial sovereignty and maritime boundary delimitation. Thus, a court or tribunal facing a mixed dispute should refrain from exercising its jurisdiction over the maritime issue if its resolution is premised on the resolution of the sovereignty issue involved.  相似文献   

5.
    
ABSTRACT

In remote villages of the Eastern Highlands of Papua New Guinea, where official village courts and other state institutions are absent, local leaders routinely hold unofficial village courts to maintain law and order. They base their decisions on local perceptions of order and justice, all the while emulating elements of state justice and constantly referring to the state as the source of their legitimacy. As these unofficial judicial institutions historically emerged as a convergence of local patterns of leadership with colonial concepts of order, they neither form a completely new nor completely autochthonous method of conflict settlement, but are an example of para-statehood, in which local leaders take on state functions in the absence of the state.  相似文献   

6.
    
Conditions of being left behind in economic and political terms are keenly felt in many areas of Melanesia and the wider Pacific Islands—as is more generally the case in many developing and also developed countries. Insofar as modern expectations portend a future that should be improving, it is unsurprising that modern expectations or entitlements are throttled by economic and political downturns across many cultural and class conditions. Ensuing circumstances are not so much ‘post’ modern—since ideals of modern progress are not given up—as they are ‘reactively’ modern in cultural terms. In this context, a poignant and longstanding sense of backwardness in many areas of the insular Pacific arguably provides a cultural bellwether of increasingly widespread perceptions and reactions elsewhere. Among the Gebusi of Papua New Guinea prolonged economic downturn under conditions of marginality and remoteness has thrown people back on their own material and cultural resources. Despite a general absence of cash economy, monetisation or fiscalisation of ‘work’ increasingly orchestrates social relations. So, too, in the absence of government presence, police, or courts, mechanisms of dispute mediation have become locally developed and effectively elaborated, including through rhetorics of monetary compensation that were previously undeveloped in indigenous contexts of person‐for‐person exchange both in marriage and in death. In selected ways, reactive modernity among Gebusi has features that seem salutary—evoking an ‘anthropology of the good’—despite and even because of Gebusi's politicoeconomic marginality. Drawing on work by Ortner, Robbins, and others, the larger relevance of this development reframes the relevance of Dark Anthropology and an Anthropology of the Good.  相似文献   

7.
    
This article investigates the effect of dispute settlement decisions under the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and whether and how states, particularly great powers, comply with these decisions. State practice suggests that an overwhelming majority of the decisions by UNCLOS dispute settlement bodies have been implemented. Significantly, not only small states but also the permanent members of the United Nations Security Council have complied with UNCLOS dispute settlement decisions even when they “lost” in the proceedings that were unilaterally initiated against them.  相似文献   

8.
    
KEMPTHORNE  PETER J. 《Biometrika》1984,71(3):593-597
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9.
    
Part XV of the Law of the Sea Convention (LOSC or the Convention) affords priority to section 1 of Part XV over the compulsory procedures entailing binding decisions laid out in section 2. This article examines the jurisprudence that has arisen with respect to Articles 281–283 of section 1 of Part XV. Article 281 allows parties to the Convention by agreement between them to opt out of compulsory and binding dispute resolution. Article 282 is a choice of forum provision that allows parties to prefer binding dispute resolution under the terms of another agreement “or otherwise,” such as by way of optional declarations under the Statute of the International Court. Article 283 requires the parties to a dispute concerning the interpretation or application of the Convention to exchange views regarding the appropriate means of settling that dispute before triggering the compulsory procedures entailing binding decisions of section 2 of Part XV.  相似文献   

10.
现阶段我国的医患纠纷日益增多,医患矛盾尖锐。寻求合理的医患纠纷处理方式具有重要现实意义。对于医患纠纷的处理,世界各国均有较多尝试,美国、德国、日本、中国台湾地区等也出现了诸多处理方式。通过对这些处理方式的比较与分析,旨在吸取经验,为改善医患关系,提高医疗服务质量抛砖引玉。  相似文献   

11.
现阶段我国的医患纠纷日益增多,医患矛盾尖锐。寻求合理的医患纠纷处理方式具有重要现实意义。对于医患纠纷的处理,世界各国均有较多尝试。美国、德国、日本、中国台湾地区等也出现了诸多处理方式。通过对这些处理方式的比较与分析,旨在吸取经验,为改善医患关系,提高医疗服务质量抛砖引玉。  相似文献   

12.
    
Summary We derive regression estimators that can compare longitudinal treatments using only the longitudinal propensity scores as regressors. These estimators, which assume knowledge of the variables used in the treatment assignment, are important for reducing the large dimension of covariates for two reasons. First, if the regression models on the longitudinal propensity scores are correct, then our estimators share advantages of correctly specified model‐based estimators, a benefit not shared by estimators based on weights alone. Second, if the models are incorrect, the misspecification can be more easily limited through model checking than with models based on the full covariates. Thus, our estimators can also be better when used in place of the regression on the full covariates. We use our methods to compare longitudinal treatments for type II diabetes mellitus.  相似文献   

13.
In the M/V “Louisa” case of 28 May 2013, the International Tribunal for the Law of the Sea held that it had no jurisdiction, even though it had established prima facie jurisdiction at the provisional measures stage. The M/V “Louisa” case thus gives rise to questions regarding the relationship between prima facie jurisdiction and jurisdiction on the merits. Moreover, the M/V “Louisa” Judgment also sheds some light on the applicability of the doctrine of abuse of rights provided in Article 300 of the UN Convention on the Law of the Sea.  相似文献   

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16.
    
We consider the problem of testing for independence against the consistent superiority of one treatment over another when the response variable is binary and is compared across two treatments in each of several strata. Specifically, we consider the randomized clinical trial setting. A number of issues arise in this context. First, should tables be combined if there are small or zero margins? Second, should one assume a common odds ratio across strata? Third, if the odds ratios differ across strata, then how does the standard test (based on a common odds ratio) perform? Fourth, are there other analyzes that are more appropriate for handling a situation in which the odds ratios may differ across strata? In addressing these issues we find that the frequently used Cochran–Mantel–Haenszel test may have a poor power profile, despite being optimal when the odds ratios are common. We develop novel tests that are analogous to the Smirnov, modified Smirnov, convex hull, and adaptive tests that have been proposed for ordered categorical data. (© 2006 WILEY‐VCH Verlag GmbH & Co. KGaA, Weinheim)  相似文献   

17.
  总被引:3,自引:0,他引:3  
VAN NESS  JOHN W. 《Biometrika》1973,60(2):422-424
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18.
A key question in barnacle biology is the nature of cues that induce gregarious settlement. One of the characterised cues is the waterborne settlement pheromone (WSP). This study aimed to identify WSP homologues in Balanus improvisus and to investigate their expression during settlement. Six WSP homologues were identified, all containing an N-terminal signal peptide, a conserved core region, and a variable C-terminus comprising several -GR- and -HDDH- motifs. The B. improvisus WSP homologues were expressed in all settlement stages but showed different expression patterns. The homologue most similar to the B. amphitrite WSP was the most abundant and was constantly expressed during settlement. In contrast, several of the other WSP homologues showed the greatest expression in the juvenile stage. The presence of several WSP homologues suggests the existence of a pheromone mix, where con-specificity might be determined by a combination of sequence characteristics and the concentration of the individual components.  相似文献   

19.
应用环境质量指数的方法和原理,对国内5 385起医疗投诉进行分析。发现医疗投诉事件发生的主要原因为:医疗服务不到位(X1)、医护人员态度不佳(X2)、医院行政管理不善(X3)、社会导向等因素不良而致的病人心理取向及药品质量等原因(X4)。进一步推导出医疗投诉的预警指数:Ai=0.40X1+0.32X2+0.16X3+0.12X4 ,并提出了使用该指数的方法。应用此指数对某医院的医疗投诉进行评价,表明该院医疗投诉预警指数为1.25,属警报水平(Ⅲ级),同时也指出了该院医疗投诉的重点检查对象和治理的重点。应用此指数不仅可以对医疗投诉事件进行前瞻性的预测,确定重点的管理对象,而且可以找出主要的隐患和管理重点,为宏观管理确定依据。  相似文献   

20.
For two independent binomial proportions Barnard (1947) has introduced a method to construct a non-asymptotic unconditional test by maximisation of the probabilities over the ‘classical’ null hypothesis H0= {(θ1, θ2) ∈ [0, 1]2: θ1 = θ2}. It is shown that this method is also useful when studying test problems for different null hypotheses such as, for example, shifted null hypotheses of the form H0 = {(θ1, θ2) ∈ [0, 1]2: θ2 ≤ θ1 ± Δ } for non-inferiority and 1-sided superiority problems (including the classical null hypothesis with a 1-sided alternative hypothesis). We will derive some results for the more general ‘shifted’ null hypotheses of the form H0 = {(θ1, θ2) ∈ [0, 1]2: θ2g1 )} where g is a non decreasing curvilinear function of θ1. Two examples for such null hypotheses in the regulatory setting are given. It is shown that the usual asymptotic approximations by the normal distribution may be quite unreliable. Non-asymptotic unconditional tests (and the corresponding p-values) may, therefore, be an alternative, particularly because the effort to compute non-asymptotic unconditional p-values for such more complex situations does not increase as compared to the classical situation. For ‘classical’ null hypotheses it is known that the number of possible p-values derived by the unconditional method is very large, albeit finite, and the same is true for the null hypotheses studied in this paper. In most of the situations investigated it becomes obvious that Barnard's CSM test (1947) when adapted to the respective null space is again a very powerful test. A theorem is provided which in addition to allowing fast algorithms to compute unconditional non-asymptotical p-values fills a methodological gap in the calculation of exact unconditional p-values as it is implemented, for example, in Stat Xact 3 for Windows (1995).  相似文献   

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