Legal aspects of the IWC decision on the southern ocean sanctuary

This comment is based on, and largely incorporates, a memorandum by the author submitted by Japan to the International Whaling Commission (IWC) at its forty‐eighth meeting in June 1996, in Aberdeen, Scotland. It reviews relevant international law principles of interpretation—including ordinary meaning, objectives and purposes, subsequent conduct, and evolutionary interpretation—in their application to the question of the validity of the IWC action in adopting a Southern Ocean Sanctuary, which forbids the commercial harvest of whales in that area regardless of their conservation status. The review concludes that the IWC acted contrary to the provisions of its charter, the 1946 International Convention for the Regulation of Whaling. An epilogue summarizes the IWC discussion of the memorandum, and the general conclusion that an action by the commission ipso facto determines that it complies with the convention, and suggests that this latest instance of ignoring treaty obligations raises the question of how long the IWC can survive when the majority of its members repudiate the objectives and purposes of the convention.     

跨界保护区与和平公园的基本含义及其应用

跨界保护区是保护区的一种特殊类型 ,而和平公园是跨界保护区的一种特殊类型。随着国家之间以及一个国家的不同行政管理区域之间在经济、社会、政治和环境保护工作中深入合作的迫切要求 ,这类保护区正在蓬勃的兴起。该文主要对它们的形成和发展作一个简略的介绍 ,期待引起国内从事保护生物多样性工作的同事和有关方面对它的关注。     

Variation in Photosynthetic Characteristics and Leaf Area Contributes to Spathiphyllum Cultivar Differences in Biomass Production

Three genetically related Spathiphyllum cultivars, Claudia, Double Take, and Petite with similar initial sizes and biomass, were grown in a shaded greenhouse and fertilized with a constant supply of nitrogen at 200 g m^–3 using an ebb-and-flow fertigation system. Seven months later, Claudia and Double Take had plant sizes and biomasses significantly greater than Petite. Stomatal conductances of Claudia and Double Take were 30 % greater, thus net photosynthetic rates (P _N) were significantly higher than in Petite. In addition, the leaf areas (LA) of Claudia and Double Take were 60 % larger than of Petite. Since P _N was expressed per leaf surface area, the greater the LA was, the more CO₂ was fixed. Thus, the differences in plant size and biomass production of Claudia and Double Take compared to Petite are attributed to high P _N and increased LA.     

Elite responsiveness or elite autonomy: British immigration policy reconsidered

In recent years, a wide variety of organizations (notably the UN and nongovernmental organizations) have used sport as an interventionist tool to nurture peacemaking across divided communities. This paper examines and theorizes these peacemaking initiatives across the expanding ‘sport, development and peace’ (SDP) sector. I begin by locating SDP projects within their historical contexts, and as significant elements within the emerging ‘global civil society’. I then set out three ideal-type models of SDP project; namely, the ‘technical’, ‘dialogical’, and ‘critical’. Each model is examined through a set of common social heuristics, such as its core objectives and paradigmatic methods. The models may be employed to analyse other peacemaking and development fields. The first two models are most influential among existing SDP projects; the potential benefits of the ‘critical’ model are also outlined.     

《粮食和农业植物遗传资源国际条约》实施进展

简要叙述了《粮食和农业植物遗传资源国际条约》的目标和内容以及自生效以来取得的新进展,包括供资战略的实施、履约进展、方便获得和利益分享多边系统建设以及促进履约的计划和措施等,以期为我国植物遗传资源工作者和政府有关部门提供参考。     

The transnational politics of the Ethiopian Muslim diaspora

Long distance nationalism is the dominant perspective in transnational studies. It depicts the diaspora primarily as ‘conflict-makers’ bent on advancing radical view points on homeland socio-political conflicts because of the unique decoupling of action from its consequences. Recent works have shifted the focus away from this negative image and have shown, through in-depth case studies, the constructive dimension of the transnational engagement of the diaspora. Two of these are the crucial role remittance plays in the development process in the country of origin and the peace building role of the diaspora in conflict and post conflict settings. The paper seeks to contribute to the diaspora-peace building literature through a case study of the Ethiopian Muslim diaspora in Europe and North America.     

Cases Concerning Sovereignty over Islands before the International Court of Justice and the Dokdo/Takeshima Issue

The article analyzes the recent jurisprudence of the International Court of Justice in relation to disputes concerning sovereignty over islands and considers the potential implications of this jurisprudence for the resolution of the Dokdo/Takeshima issue. It does so by examining the principles and rules of international law applied by the Court to the determination of title to territory, especially those concerning the question of original title and its interplay with state conduct in general (effectivités). The article also pays special attention to the different legal techniques applied by the Court in resolving each particular dispute and the Court's practical approach to dealing with questions of historical facts and other evidentiary matters in relation to small and uninhabited islands.     

The Interpretation of Article 121(3) of UNCLOS by the Tribunal for the South China Sea Arbitration: A Critique

The interpretation of Article 121(3) of the 1982?U.N. Convention on the Law of the Sea (UNCLOS) was a key part of the Sino-Philippine Arbitration on the South China Sea Award issued in July 2016. This article uses the principles of treaty interpretation codified in Article 31 of the 1969 Vienna Convention on the Law of Treaties to evaluate the interpretation process. The Tribunal paid little attention to the text such as “rocks” in the plural form and overlooked the context of Article 121(3). The travaux préparatoires identified by the Tribunal was based on materials of doubtful weight.