捕捞渔船安全国际海事立法之观察

国际海事组织在过去几十年一直努力推动捕捞渔船安全国际立法工作。通过对主要的涉渔海事公约以及港口国监督措施,特别是《1993年捕捞渔船安全议定书》和《捕捞渔船船员培训、发证和值班标准国际公约》的探讨,建议中国渔业主管部门、渔业界及行业组织重视国际渔业法研究和普及工作,积极行使国际法权利和履行国际法义务,参照相关海事公约及时修改国内海事安全和渔业法规,依法建立全国统一的渔船和渔船船员登记系统,增强对捕捞渔船现代化和渔船船员培训事业的扶持力度,促进中国海洋渔业的稳健发展。     

The dimensions of a transnational crime problem: the case of iuu fishing

Illegal, Unreported and Unregulated (IUU) fishing is a significant transnational crime problem that costs developing nations from $2 to $15 billion in economic losses annually. Perpetrators include established organized crime groups and commercial fishers, while the incidence of IUU fishing is often shaped by public corruption. Various economic drivers, such as the exceptionally high value of some species, and the Flag of Convenience (FOC) system of vessel registration contribute to the significance of the problem. Negative environmental impacts involve the depletion of fish stocks, damage to coral reefs, and stress on marine mammals and birds. Social and economic impacts are severe as well, and are most especially prevalent in developing nations. Theoretically, IUU fishing may be viewed as arising and proliferating due to “criminogenic asymmetries,” especially evident in the uneven patchwork of international laws governing the world’s oceans. A broad range of public and private responses have thus far generated limited success in thwarting IUU fishing.     

Macroscopic and microscopic analysis of knife stab wounds on fleshed and clothed ribs

Stab wounds upon bone are analyzed to interpret the weapon used and the physical context in which the attack occurred. The literature demonstrates that most research conducted pertaining to wound patterns has been carried out on defleshed and unclothed bone samples, not adequately replicating actual circumstances. For this research, six half pig torsos (Sus scrofa), fleshed (including muscle, fat, epidermis, and dermis layers) and clothed, were stabbed using three knife types, applying both straight and downward thrusts. Analysis conducted macroscopically and through a scanning electron microscope with an environmental secondary electron detector revealed a general lack of consistency in wound pattern and associated secondary effects. Consequently, it was not possible to establish wound pattern per knife type as suggested in previous research or relate it to stab motion. Advantage of microscopic analysis was evident in recognizing wound traits and observation of trace evidence not visible macroscopically.     

用SEM观察真皮浅层微小刺伤的研究

本文报道了一种用酶水解表皮与真皮的连接,然后用扫描电镜观察微小损伤在真皮乳头层的损伤特点的新方法。研究结果表明,这种方法有利于微小刺伤的鉴定,并提供一些具体的鉴定指标。     

Securing ourselves <Emphasis Type="Italic">from</Emphasis> ourselves? The paradox of “entanglement” in the Anthropocene

The Anthropocene presents new challenges to the natural and social sciences by claiming that humanity is “entangled” with a myriad of scales, spaces, being(s), and temporalities. Yet, how does this entanglement alter our understanding of security? This article argues that the Anthropocene threatens not our physical security, but our ontological security: our deep and normalized conceptions of humanity and what it means to be a human “self” in a stable and continuous world. By replacing the foundation of ontological security in modernity – the uncertainty of death – with a new uncertainty of anthropos, the result is an existential discontinuity emanating from our own human selves. The Anthropocene thus manifests the need to secure humanity from humanity, or the paradox of securing oneself from oneself. Recent turns to the concept of “quantum entanglement” attempt to resolve this paradox by re-instilling a certain and secure “entangled” human self within an otherwise uncertain and insecure Anthropocene epoch. The article concludes that this move actually illustrates humanity’s separation, or dis-entanglement, from nature. Ethical and moral responsibilities to mediate and safeguard life and the planet derive not from (quantum) science nor from entanglement, but from a social world within which humans possess the agency to mediate and judge how to act through such concepts.     

Climate change and adaptive capacity in fisheries management: the case of Norway

Climate variability and change drive changes in marine ecosystems, such as growth in and geographic distribution of living marine resources. Mitigating measures in response to anthropogenic climate change are insufficient, and more attention must be directed toward adaptation to climate change. In the management of living marine resources, successful management will rest on the capacity of management regimes to be adaptive and flexible. This article addresses the management of living marine resources, and how management regimes cope with change and bolster the resilience of ecosystems. Experiences from the Norwegian management regime for living marine resources are used to illustrate how an existing regime can respond to change. We conclude that management regimes with sufficient capacity, in terms of robust science, regulatory frameworks that contribute to reduced fishing effort and maintenance of sustainable stock levels, and enforcement capability, are more likely to respond adequately to the challenges posed by climate change than those that do not.     

渔业公共信托原则在美国的发展及其对中国的借鉴

渔业资源的法律属性引起了西方渔业法学界的热烈讨论。渔业资源的公共财产的本质属性导致竞争性捕捞,催生了渔业公地悲剧。美国承继了英国普通法上的公共信托制度并通过本土的判例法,将公共信托原则适用于渔业资源的养护与管理领域。渔业公共信托原则在美国的发展具有渐进性和扩张性。我国1986年《渔业法》固守以捕捞许可为基本手段的行政管理模式。没有引入基于市场的管理方法,缺乏一定的灵活性。本文建议我国修订《渔业法》时,对美国渔业公共信托原则进行本土化改造,使之成为保障我国渔业资源可持续发展的理论基础。     

皮肤烧伤愈合过程中磷酸化JNK的变化

目的观察烧伤后人皮肤磷酸化JNK（p-JNK）的变化特点,初步探讨烧伤后创面愈合的分子机制。方法取12例烧伤后住院植皮患者的烧伤周边区皮肤为烧伤周边皮肤组;另取正常皮肤12例为正常皮肤组。应用免疫组织化学方法和常规HE染色检测p-JNK在皮肤烧伤周边区和正常皮肤组织中的变化情况。结果正常皮肤组织中表皮基底层细胞的胞浆和胞核内有p-JNK阳性着色,阳性细胞率为（8.8±1.3）%。在烧伤周边皮肤组中,p-JNK阳性着色主要定位于表皮细胞和部分炎症细胞中,阳性细胞率上升至（31.2±3.3）%,明显高于正常皮肤组织（P〈0.01）。结论烧伤后人皮肤p-JNK的变化可能与创面愈合有关。     

Melting Moments: The Future of Polar Oceans Governance in a Warming World

Climate change poses significant physical, ecological, social and economic challenges to environmental, human and national security in polar regions. From an oceans governance perspective, increased human access to formerly ice-covered areas, and the potential for increased activities such as fishing, shipping, tourism, bioprospecting, off-shore mining, and oil and gas exploration, present significant legal challenges. While the issues are not unique to polar areas, the geopolitical, geographical and physical characteristics of the polar regions provide a unique and demanding framework in which to identify and address jurisdictional issues and issues relating to the protection of polar marine environments. This article attempts to identify the legal challenges ahead and to provide preliminary observations as to how the polar oceans governance regime might develop in the future.     

小鼠皮肤切创愈合过程中caspase-9、-3表达的研究

目的研究caspase-9、-3在小鼠皮肤切创愈合过程中的表达及其变化规律。方法在小鼠背部正中制作皮肤全层切创模型,应用免疫组化染色技术观察切创及切创周边区内caspase-9、-3的表达情况,以无切创的小鼠皮肤作为对照。结果对照组中caspase-9、-3表达于表皮层,毛囊及皮脂腺。伤后3h损伤区及损伤周边区中可见少量多核粒细胞表达caspase-9、-3,6~24h,部分浸润的多核粒细胞和单核细胞caspase-9、-3阳性,此后caspase-9、-3阳性细胞逐渐以单核细胞和成纤维细胞为主。伤后caspase-9、-3阳性细胞率逐渐升高并在3d达到高峰,此后逐渐下降,至14d最低。结论caspase-9、-3可能引发正常小鼠皮肤表皮、毛囊和皮脂腺细胞的凋亡并参与正常皮肤细胞的自我更新;在小鼠皮肤切创愈合过程中,caspase-9、-3在多核粒细胞、单核细胞及成纤维细胞中表达,其时序性变化规律可望用于皮肤切创损伤时间的判定。     

Entangling carbon lock-in: India’s coal constituency

This article investigates how energy security in the Anthropocene is entangled in diffuse ways with materiality. In particular we examine the social-material entanglement of humans and coal in India and how coal manifests itself differently across social life in the country. Focusing on a single material allows us to study how the Anthropocene creates, and is created by, particular appropriations of the material world. It offers a corrective to some Anthropocene literature that avoids discussing the complex, “everyday,” social impacts that fossil fuels have, particularly in the developing world. These intertwined impacts add to the complexity and difficulty in the process of decarbonizing societies, or in transitioning to a sustainable energy future.     

蛋白因子与皮肤损伤时间的相关性研究

皮肤创伤愈合是一个复杂的过程,黏附分子、细胞因子等蛋白因子在该过程中发挥重要作用,常随损伤时间的延长呈现规律性表达。对这些蛋白因子在皮肤损伤后的表达变化进行深入研究,可以为法医学皮肤损伤时间推断以及临床皮肤损伤的修复提供新思路。本文对黏附分子、细胞因子等蛋白因子应用于皮肤损伤时间推断研究的国内外研究现状进行了综述,以供今后检案及研究借鉴。     

A Review of “Setting the Standard: Certification,Governance, and the Forest Stewardship Council”

Abstract

As the United Nations Convention on the Law of the Sea (UNCLOS) establishes itself as one of the premier regimes in international law, member states are increasingly availing themselves of the significant dispute settlement provisions found in Part XV. The International Tribunal for the Law of the Sea (ITLOS) is beginning to take its place in the pantheon of major international tribunals. Although its jurisprudence thus far has largely consisted of applications for prompt release of vessels, these cases have arisen from disagreements over fishery practices and the enforcement of fishery laws by coastal states. The ITLOS is developing into a transparent, consistent and speedy forum to adjudicate marine disputes arising from UNCLOS. While the overall scope and reach of Part XV may be uncertain at the present time, especially vis‐à‐vis other dispute settlement institutions, the early activity under Part XV is promising. Those concerned with marine wildlife issues should be encouraged by the potential of Part XV, the ITLOS in particular, to serve as an effective regime in the realm of marine wildlife dispute settlement.     

Bloodstain pattern analysis in a case of suicide with a compound bow and arrow

The incidence of human fatalities due to arrow injuries in the medical literature is rare. We report an incident involving a 46-year-old man who was found in his secured apartment with a fatal arrow wound of his chest and abdomen. The initial scene investigation suggested that the victim impaled himself with an arrow attached to a razor-sharp, 4-bladed broad-head hunting tip before collapsing on the floor. However, analysis of the bloodstain patterns suggested that the victim used the compound bow to propel the arrow.When investigating deaths due to bows and arrows, thorough scene investigation along with bloodstain pattern analysis is essential in determining the mechanism of injury and manner of death.     

The faces of death: regional differentiation in cause-specific mortality in the past

In mortality research, much attention has been paid to the strong geographical differentials in mortality levels and in modern mortality decline, as the analysis of this geographical differentiation might hold the key to explaining the determinants of mortality change. The use of historical cause-specific mortality data has proved a challenging, although very insightful, means to this end. The four contributions to this special issue focus on cause-specific mortality in the past, both to reassess older data using new insights and to challenge existing insights by using new data and methods. These papers, of which earlier versions were presented during the thirty-eighth Social Science History Association (SSHA) Meeting in Chicago, 21–24 November 2013, explore mortality at different stages of the life course, ranging from early infancy to old age. Moreover, each paper revolves around a different group of causes of death. Although the papers are in many ways rather different, together they demonstrate how different data, theoretical frameworks and methodologies can push the boundaries of research into the trends and determinants of historical mortality patterns.     

Supervision Intensity and Parole Outcomes: A Competing Risks Approach to Criminal and Technical Parole Violations

Recent scholarship about parole supervision indicates that higher supervision intensity is associated with an increased risk of parole violations. However, parole violations can take many forms—some minor and some serious—and theory suggests that supervision intensity might have differential effects depending upon the type of violation. We use “competing risks” survival models to identify supervision effects on five types of parole violations among 79,082 individuals released from prison in California: absconding, technical violations, drug use, violent offenses, and sexual offenses. We find that supervision effects are strongest for absconding violations. Past sexual offending also triggers significant supervision effects for technical violations, drug use violations, and violent violations. We conclude that parole violation patterns are influenced by parolee behaviors, the amount of attention the state is paying to those behaviors, and official markers of criminal dangerousness that are attached to particular parolees.     

Temporal variation of oxygen isotope ratios (δ18O) in drinking water: implications for specifying location of origin with human scalp hair

Previous work suggests that δ(18)O values of human hair can be used to constrain the region-of-origin of unknown individuals, but robust assessments of uncertainties in this method are lacking. Here we assess one source of uncertainty - temporal variation in the δ(18)O value of drinking water - using a monthly tap water survey of δ(18)O to develop geospatial models (i.e., maps) of the intra-annual variation (seasonality) in tap water δ(18)O for the contiguous USA. Temporal variation in tap water δ(18)O was correlated with water-supply type, and was related to geographic patterns of precipitation δ(18)O seasonality and water residence time. The maps were applied in a Bayesian framework to identify the geographic origin of an unidentified woman found in Utah, based on measured δ(18)O of scalp hair. The results are robust in specifying parts of the western USA as the most likely region-of-origin. Incorporation of tap water δ(18)O seasonality in the analysis reduces the precision of geographic assignments, but other sources of uncertainty (e.g., spatial interpolation uncertainty) have an equal or larger effect.     

Localization and quantification of histamine in injured skin as parameters for the timing of wounds.

Localization and estimation of the histamine (HA) content in skin wound edges in 86 Sprague-Dawley rats and three cases of human injuries were carried out by a microfluorimetric method specific for this amine which forms a complex with o-phthalaldehyde (OPT). Distribution and density of the mast cells in the same areas were observed at the same time by toluidine blue stain. In all skin specimens with antemortem wounds, both the epidermis and upper dermis exhibit extracellular yellowish fluorescence of the HA-OPT complex. The fluorescent zone spreads in the wound edges with the lapse of time in vital injuries. The HA content increases gradually up to 30 min and then the yellow histamine fluorescence in areas 0-200 microns from the wound edge decreases. None of these features can be observed in normal skin and postmortem-injured skin. Mast cell degranulation can be demonstrated in all antemortem-injured skin. No statistical relationship exists between the number of mast cells and the HA-OPT fluorescence in either ante- or postmortem-injured groups. This study indicates that skin HA microfluorimetry by the OPT method is of practical value for distinguishing ante- from the postmortem wounds and for timing antemortem wounds.     

Problems and Prospects for the Convention on the Conservation of Antarctic Marine Living Resources Twenty Years On*

Abstract

Twenty years after its adoption, the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR) remains unique among fisheries agreements in its declared commitment to considering the impact of existing or proposed fisheries on the entire ecosystem, rather than on just the harvested species. However, the recent picture of fisheries activities within the Convention area suggests a substantial ‐ and perhaps widening ‐ gap between theory and practice. The fishery that has most clearly proven beyond CCAMLR's capacity, and which has resulted in the most significant damage to the Antarctic environment in modern times is that for Patagonian Toothfish, Dissostichus eleginoides. That fishery is discussed in more detail below. The roots of that problem in conjunction with structural problems that have contributed to CCAMLR's inability to deal with the toothfish challenge threaten to be repeated in the second‐generation krill fishery that is rapidly developing in Antarctic waters. The authors provide suggestions for structural and procedural changes within CCAMLR to permit it to effectively manage the marine living resources of the Southern Ocean.     

渤海油田漏油事故法律问题分析

渤海油田漏油事故造成了极为严重的环境污染,对海洋生态环境、海洋资源均产生严重影响。在此事件中,海洋局并未及时主动公开这一突发性的环境污染事件,应依法承担相应的行政责任,而事故责任人应承担相应的民事责任,包括但不限于清理油污、赔偿海洋生态损害、渔业资源损害、渔民损失等,海洋局和渔业部门可代表国家对事故责任人提供环境民事公益诉讼。检察机关亦应追究事故责任人的刑事责任。