Reflections on the Interpretation and Application of Article 121(3) in the South China Sea Arbitration (Merits)

The 2016 South China Sea Arbitration Award provided a detailed review of the interpretation of Article 121(3) of the U.N. Convention on the Law of the Sea. According to the Tribunal, Article 121(3) performs a preventive function by disabling tiny features from unfairly generating enormous entitlements to maritime space that does not serve the local population. This provision also contributes to safeguarding of the Common Heritage of Mankind. The Tribunal's interpretation seems to reflect development of the law of the sea toward protection of the common interests of the international community. However, since the Tribunal's interpretation is not anchored in state practice and the jurisprudence, whether the interpretation can be generalized needs careful consideration.     

Phosphorus availability to maize from partially acidulated phosphate rocks and phosphate rocks compacted with triple superphosphate

Two phosphate rocks (PR), moderately reactive Hila PR from Colombia and slightly reactive Capinota PR from Bolivia, were compacted with triple superphosphate (TSP) such that 50% of total P in the mixture was in water-soluble form. The effectiveness of these materials as phosphorus sources was compared with that of partially acidulated phosphate rocks (PAPR) at 50% acidulation with sulfuric acid and TSP in Hartsells silt loam (pH 4.5) with maize as the test crop. Huila PAPR and Huila PR compacted with TSP were as effective as TSP as phosphorus sources. Huila PR was only half as effective. The slightly reactive Capinota PR with 8.8% Al₂O₃ + Fe₂O₃ content was not suited for direct application, and Capinota PAPR was only half as effective as TSP. Capinota PR compacted with TSP, however, was as effective as TSP. PR compacted with TSP, urea, and KCl was no more effective as phosphorus source than PR compacted with TSP alone.     

Habitat-dependent thermal regimes of two hawaiian geckos (Reptilla: gekkonidae)

1. 1.Effects of habitat on the thermal regime were investigated in two diurno—nocturnal geckos in Hawaii.

2. 2.In trees Hemidactylus frenatus thermoregulated in daytime with body temperature (BT) above air temperture (AT); in houses some thermoregulated likewise in daytime but mainly the species thermoregulated at night, on electric lamps, to the same BT as in trees by day.

3. 3.Lepidodactylus lugubris in trees thermoregulated in daytime, its BT lower than in H. frenatus. In the rocks it had at night a BT resembling that in trees in daytime, because the thermal cycle in rock crevices lagged behind outside AT.

4. 4.The flexibility of these geckos in thermal regime and activity cycle preadapts them to both migration and invasion of houses.

The new eubacterium <Emphasis Type="Italic">Roseomonas baikalica</Emphasis> sp. nov. isolated from core samples collected by deep-hole drilling of the bottom of Lake Baikal

Microbiological analysis of samples of sedimentary rocks from various eras of the geological history of the Baikal rift has enabled us to isolate a large number of microorganisms that can be classified into new, previously undescribed species. The present work deals with the identification and study of the morphological, biochemical, and physiological properties of one such strain, Che 82, isolated from sample C-29 of 3.4–3.5 Maold sedimentary rocks taken at a drilling depth of 146.74 m. As a result of our investigations, strain Che 82 is described as a new bacterial species, Roseomonas baikalica sp. nov., belonging to the genus Roseomonas within the family Methylobacteriaceae, class Alphaproteobacteria.     

Assessment of Abundance and Species Composition of Filamentous Fungi in the Underground Rzeczka Complex in Sowie Mountains (Lower Silesia,Poland)

Our study is the first mycological evaluation of the air and the rocks in the underground Rzeczka complex in Sowie Mountains (Lower Silesia, Poland). The density of filamentous fungi isolated from the air inside and outside the adit ranged between 245.5 to 1332.6 Colony Forming Units in 1 m³ of air. Sixteen species of filamentous fungi were isolated from the internal air sampled and 11 from the outside of the adit. Cladosporium spp. were the fungi most frequently isolated from the internal atmosphere of the adit and from the external air. From the rock walls and from the rock debris on the floor of the adit only seven species of fungi were isolated. The fungi most frequently isolated from the rock walls were the Aspergillus niger group and from the rock debris we also found A. niger group along with species of Mucor. The concentration of airborne fungi in the adit did not exceed official limits and norms present for a health risk to the tourists, but fungi species isolated from the rocks can cause their degradation.     

Multicellular thallophytes with differentiated tissues from Late Proterozoic phosphate rocks of South China

An assemblage of megascopic, multicellular thallophytes with well-preserved tissues and microstructures was discovered in phosphate rocks of the Late Proterozoic Doushantuo Formation (approximately 680 Ma old) at the Wengan-Fuquan Phosphate Mines, Guizhou Province, South China. Two new genera and three new species are erected: Thallophyca ramosa n. gen. et n. sp., Thallophyca simplica n. gen. et n. sp. and Wengania globosa n. gen. et n. sp. The thalli of Thallophyca are embedded in amorphous collophane and consist of differentiated tissues interpreted as cortex and medulla, and distinct structures (conceptacle-like cavities and special cell-groups or 'cell-islands'). Tissue differentiation and megascopic (millimetric to centrimetric) size of the thalli suggest that the new genus Thallophyca may represent a primitive metaphyte. The new genus Wengania is assigned to the Paleozoic algal group Solenoporaceae Pia. This study provides reliable fossil evidence of Late Proterozoic metaphytes and leads to the following conclusions: (1) diverse multicellular thallophytes had evolved during Late Proterozoic Ediacaran time; (2) adaptive radiations possibly took place more or less contemporaneously in both metazoans and metaphytes, and (3) Precambrian phosphate rocks can preserve megafossils with delicate microstructures.     

A late-devonian (Famennian)Renalcis-Epiphyton reef at Zhaijiang, Guilin, South China

Summary Microbial reefs, together with stromatolitic mounds and ooid shoals, constitute massive limestones in Famennian platform marginal strata in Guilin, in sharp contrast to the well-known coral-stromatoporoid reefs in the Givetian and Frasnian. Microbes played a significant and important role as stabilizers in the Famennian carbonate deposits of Guilin. A reef at Zhaijiang was constructed byEpiphyton andRenalcis, and is representative of such carbonate buildups. The reef is situated 10 km west of Guilin and corresponds to a microbe-dominated platform margin carbonate complex. Organisms in the Zhaijiang microbial reef are low diversity and dominated by ostracods and two genera of microbes,Epiphyton andRenalcis. Other microbial genera such asSphaerocodium andWetheredella occur in most of reef facies in Guilin, but their role as reef builder is doubtful because they occur only in minor amounts. The same four genera occur in volumetrically significant amounts in the upper Devonian carbonate complexes of Alberta. Canada and Western Australia. However.Epiphyton is more abundant in the Guilin reefs. The Zhaijiang microbial reef developed above Famennian proximal slope faices, as suggested by reef architecture and paleogeographic setting. The facies sequence of the microbial reef can be divided into three parts. The lower part is composed of medium-bedded bioclastic grainstones with a few microbial framestone lithoclasts, representing a proximal slope facies. The middle part consists of thin-bedded mudstone and shale with limestone lenses that are thought to be low stand deposits. In some cross sections, mudstone and shale infilled tidal channels that developed in the bioclastic grainstones.Renalcis-Epiphyton framestone constitutes the upper part with massive stacking patterns. The reef is 35 m thick and over 50 m in width. Nine litho- and biofacies are recognized. Zhaijiang reef provides an example of a binder guild-dominated buildup in the almost vacant reef ecosystem of the Famennian and represents a characteristic kind of reef after the Frasnian/Famennian extinction.     

Promiscuous spawning behaviour of the tropical herring Spratelloides gracilis

Spawning behaviour of the blue sprat Spratelloides gracilis was observed at shallow reefs of Kuchierabu‐jima Island, southern Japan. The fish carried out promiscuous spawning behaviour on substrata covered with algal mats mainly in the intertidal region of a shallow inlet. The spawning events occurred only at predawn (20–50 min before sunrise) and daily for c . 25 days from mid‐June to mid‐July.     

Spatial distributions and dose assessment of natural radionuclides in rocks and soils of some selected sites in southwestern Nigeria

The activity concentrations of ²³⁸U, ²³²Th, and ⁴⁰K in rock and soil samples collected from Ondo and Ekiti States in southwestern Nigeria were measured by using gamma-ray spectrometer with a high-purity germanium (HPGe) detector. The mean activity concentrations of ²³⁸U, ²³²Th, and ⁴⁰K in the rock were 25.53, 61.12, and 554.20 Bq kg^?1 respectively, while that of the soil were 8.27, 17.37, and 151.72 Bq kg^?1 respectively. Results showed that the activity concentrations of ²³⁸U, ²³²Th, and ⁴⁰K were higher in the rocks than the soils of the areas studied. To assess the radiological impact of some radionuclides on the population in the region, the annual effective dose equivalent (AEDE), annual gonadal equivalent dose (AGED), and excess lifetime cancer risk (ELCR) were calculated. The mean values of the indoor and outdoor AEDE, and AGED were 88.08 µSv y^?1, 352.34 µSv y^?1, and 508.40 mSv y^?1, respectively for the rock samples, and 25.31 µSv y^?1, 101.25 µSv y^?1, and 145.80 mSv y^?1 respectively for the soil samples. The mean values obtained for AEDE and AGED for the soil were below ICRP recommended limits of 1 and 300 mSv y^?1, respectively. AGED for the rocks was higher than the maximum permissible limit.     

Disturbance and organisms on boulders

Summary The tops of intertidal boulders on the east coast of Australia may carry a half-dozen algae, while the undersides may support a dozen or more species of sessile animals; mobile forms such as molluscs, crustaceans, and echinoderms are also common. These organisms are disturbed when boulders are moved by waves or buried in sand. Experiments were done to test the hypothesis that these disturbances are responsible for the reduced diversity and abundance of the assemblages on the undersides of small boulders. Boulders on one shore were bolted to the substratum to prevent movement by waves. In two separate experiments on another shore, boulders with and without attached organisms were buried in a few centimetres of sand. All experiments included relevant controls and were done high and low on the shore using rocks of several sizes.The assemblages of algae developing on the tops of all stabilised boulders, regardless of size, were similar to those on boulders free to roll indicating that, in contrast to results elsewhere, disturbance by waves was too infrequent or slight to affect these species. The tops of rocks were also rarely buried in sand and the main influences on the community in this situation were apparently exposure at low-tide and grazing gastropods.More species, however, did settle or survive on the undersides of rocks which were free of sand or could not be moved by waves; thus disturbances were important in this situation. In the absence of disturbance low on the shore, much or all space was occupied and sessile species such as sponges and ascidians overgrew other forms and reduced diversity. This did not happen higher on the shore and here diversity was simply an increasing function of rock-size. Overall disturbance played a similar role in all places — it killed organisms and created free space — but the final effects on the community varied depending upon the species present and the actions of other factors.