Two different ethical notions of benefit sharing of genetic resources and their implications for global development

Nazi eugenics is one of the main historical events influencing current popular as well as scholarly discussions of reproductive genetics. This influence, however, is open to different interpretations and social constructions. Based on 44 open interviews with Israeli and German genetic counselors, conducted in 2000–2003, our findings suggest that while the majority of German counselors reflected on Nazi eugenics as setting moral limits for contemporary repro-genetics, many Israeli counselors detached their contemporary practice from the wrongdoings of the past. Correspondingly, German counselors were far more sensitive towards the disability critique of repro-genetics than their Israeli counterparts. We conclude with a discussion of these two opposite positions, suggesting that the comparison of German and Israeli professionals reveals a profound complexity and involvedness in coming to terms with the “eugenic” lessons of the Holocaust, on both sides. In Germany, potential benefits of repro-genetics might be rejected due to an emphasis on a more universalistic lesson of the Holocaust regarding the value of human life and dignity. In Israel, a more particularistic lesson of the Holocaust regarding national Jewish survival, combined with a lack of public debate regarding medicalization and geneticization, might have promoted the advent of unregulated commercially and consumer-driven repro-genetics.     

Selling transracial adoption: families,markets, and the colour line

This short review looks at the implications of the title of The Age of Migration. It argues that most ages, not specifically our own time, could be defined as ‘ages of migration’. It argues that the specific characteristics of our particular age are those of internal more than international migrations and a dramatic rise in a series of forms of non-permanent population movements that can better be captured under the term ‘mobility’. In terms of longer-term forms of migration, it is also deceptive to assume that they will necessarily continue to increase. The piece focuses on forms of internal migration and on mobility.     

Delimitation of the maritime boundary in the gulf of Maine area

The compulsory dispute settlement regime included in the 1982 Law of the Sea Convention is recognized as one of the most comprehensive in a modern international convention. Yet, in the recent application of this regime, the question has arisen as to whether the procedural prerequisites associated with the LOS Convention's compulsory dispute settlement mechanism are so arduous as to avoid binding and compulsory jurisdiction in most instances. This article addresses that question by examining, in particular, the reasoning of the Southern Bluefin Tuna arbitration tribunal, which found Article 281 of Section 1 of the LOS Convention to bar jurisdiction to the compulsory dispute settlement mechanism prescribed by the Convention, and offers suggestions as to how states might distinguish or overcome the barriers imposed by the Southern Bluefin Tuna tribunal in future cases.     

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 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?     

The case in international law for Canada's extension of fisheries jurisdiction beyond 200 miles

In March 1995, Canadian fisheries authorities boarded and arrested the Spanish fishing vessel, Estai, outside the Canadian 200‐mile zone on the Grand Banks, an event that served to focus world attention on a dispute that had its origins in the failure of the 1982 United Nations Convention on the Law of the Sea to implement an effective conservation and management regime for fish stocks on the high seas, particularly with respect to fish stocks that straddle coastal states’ exclusive economic zones. This article examines the origins of the dispute, including the allegations relating to overfishing of North Atlantic Fisheries Organization‐recommended quotas, the background to the vessel's arrest, and the subsequent confrontation that occurred, both at diplomatic levels and on the high seas, between Canada and the European Union. An analysis is made of the case in international law for Canada's extension of jurisdiction beyond 200 miles pursuant to the provisions of Section 5 of the Coastal Fisheries Protection Act. Finally, the article examines the implications of the recently concluded Agreement on the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks for disputes of the kind that arose in the present case.     

Determining Allocation: From Paper to Practice in the Distribution of Fishing Rights Between Countries

This article discusses the allocation problem in international fisheries management, which is critical to effective resource management. A number of cases where allocation problems exist are reviewed and trends identified. It is concluded that power relationships between the states involved are an important determinant of allocation outcomes. While this may seem a frustrating conclusion, it nevertheless reflects the realities of international cooperation.