Fisheries management in Jamaica,international perspectives

Abstract

This paper examines Jamaica's efforts to implement of the conservation and management provisions of the United Nations Convention on the Law of the Sea (UNCLOS), bearing in mind that prior to 1982 there was an existing legal framework that sought to address issues relating to fisheries management. More specifically, the paper looks at the issues related to the conservation and management of straddling and highly migratory fish stocks under UNCLOS and subsequent agreements negotiated under the auspices of UNCLOS. It also addresses the problems Jamaica faces with the conservation and management of Queen Conch (Strombus Gigas), in particular, the UNCLOS provisions regarding access to such resource, taking into account the limitations to such access as regulated by the Convention on the International Trade in Endangered Species of Wild Fauna and Flora (CITES).     

Japan’s Ivory Trade in the Face of the Endangered Species Convention

Abstract

Commercial trade in ivory remains one of the major threats to the survival of an iconic wildlife resource: the elephant, in particular the African species (Loxodonta africana). At its 2016 Johannesburg meeting, the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) adopted by consensus an urgent call for the closure of domestic markets for ivory. The only Party which has openly defied that call is Japan – claiming that its own domestic ivory market is strictly controlled, and does not contribute to elephant poaching elsewhere. The present study analyzes that claim in light of the evidence, including the country's legislation (as recently amended) and its application in practice (as documented by multiple recent surveys). The author's findings do not support Japan's claim to a sweeping exemption from the global ban agreed by the CITES Conference. On the contrary, in view of serious shortcomings in the Government's current legislative and administrative controls over the ivory trade (especially with regard to internet transactions), the author recommends effective termination of Japan's domestic ivory market; and pending such closure, a reclassification of Japan in category 2 of the CITES legislation list (‘legislation believed not to meet all the requirements for CITES implementation’).     

On the expansion of species protection in Nepal: Advances and pitfalls of new efforts to implement and comply with CITES

Abstract

The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) has proven particularly difficult to implement due to the complex legal requirements that it imposes on its parties. As with many other nations, Nepal lacks national implementing legislation, which has greatly hindered compliance with the treaty's provisions in the country and, indirectly, in the region. Here we explore several case studies of actual and potential CITES violations in Nepal that have come to light in the past decade, and review new draft legislation that is designed to implement the Convention and close gaps in enforcement. We predict that some gaps will remain regarding implementation and compliance with CITES in Nepal, and make several recommendations to address these issues via rule‐making procedures during the formulation of Regulations and via the actions of the CITES Coordination Council, a provision in the draft Act that is designed to improve cross‐sectoral cooperation.     

Book reviews

Stuart M. Kaye. International Fisheries Management. Kluwer Law International, The Hague, Netherlands, 2001. 606 pp. (hard cover). $172.00

Rosalee Love. Reefscape, Joseph Henry Press, Washington D.C., 2001. 264 pp. (hard cover). $24.95

Olav Schram Stokke (ed.), Governing High Seas Fisheries: The Interplay of Global and Regional Regimes, Oxford University Press, New York, 2001. 365 pp. (hard cover). $95.00

Norman J. Vig and Michael E. Kraft (eds.). Environmental Policy: New Directions for the Twenty‐First Century. 4th ed. Congressional Quarterly Press, Washington D.C., 2000. 416 pp. (paperback). $39.95

Joseph Franke and Teresa M. Telecky. Reptiles as Pets: An Examination of the Trade in Live Reptiles in the United States. The Humane Society of the United States, Washington D.C. 2001. 146 pp. (paperback). $10     

Molecular Identification of Indian Crocodile Species: PCR‐RFLP Method for Forensic Authentication*

Abstract: South East Asian countries are known for illegal poaching and trade of crocodiles clandestinely, to be used in skin, medicinal, and cosmetic industries. Besides crocodiles being listed in the Convention on International Trade in Endangered Species of Wild Fauna and Flora, India has its Wildlife Protection Act, 1972 for conservation of crocodile species. Hitherto, lack of any rapid and reliable technique for examinations of crocodile‐based crime exhibits such as skin, bones, etc. has been a major problem for an effective promulgation of law on illegal trade. DNA‐based identification of species using PCR‐RFLP technique for an apt identification of all the three Indian crocodile species namely, Crocodylus porosus, Crocodylus palustris and Gavialis gangeticus is presented here. A 628 bp segment of cytochrome b gene was amplified using novel primers followed by restriction digestion with three enzymes i.e., HaeIII, MboI, and MwoI, separately and in combination. The technique has produced a species‐specific pattern for identifying the three crocodile species individually, which fulfills the requirement for its forensic application. It is expected that the technique will prove handy in identification of all the three Indian crocodile species and strengthen conservation efforts.     

Japan's 'Research Whaling' in the Antarctic Southern Ocean and the North Pacific Ocean in the Face of the Endangered Species Convention (CITES)

Over the past 20 years, Japanese whalers have taken more than 10,000 whales from the Antarctic Southern Ocean and the north Pacific Ocean for 'scientific purposes', under a controversial exemption clause in the International Convention for the Regulation of Whaling (ICRW). After analyzing the relationship of the ICRW regime with other applicable multilateral agreements, this article concludes that Japan's current pelagic 'research whaling' programmes are not only a growing embarrassment for the country's meritorious ongoing research in both polar regions; they are also in open breach of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). In light of different options for international legal action, the author recommends the initiation of 'compliance procedures'– potentially leading to a collective trade embargo – in accordance with CITES Conference Resolution 14.3 (2007).     

Japan's Research Whaling Is Not Unlawful and Does Not Violate CITES Trade Rules

This article is a critique of two reports of “independent legal experts” sponsored by the International Fund for Animal Welfare (IFAW); the “Paris Panel” and the “London Panel.” The article shows that the Paris Panel's conclusion that Japan's research whaling in the Antarctic is unlawful and an abuse of rights under the International Convention for the Regulation of Whaling (ICRW) is based on misuse of evidence and failure to properly interpret Article VIII of the Convention and the legal status of recommendatory non-binding resolutions. It also shows that the London Panel's conclusion that the import of humpback whales from Japan's research program in the Antarctic and sei whales from its research program in the North Pacific are a violation of trade rules under the Convention on International Trade in Endangered Species of Wild Fauna and Flora is based on incorrect interpretation of that Convention's trade rules. It is concluded that the two independent legal experts panel reports are, from a legal perspective, seriously flawed, rendering their conclusions invalid and relegating the reports to the status of IFAW propaganda.     

Conservation and modern information technologies: The global register of migratory species (GROMS)

Abstract

The present paper reviews the state of knowledge of migratory species protected under the Bonn Convention (Convention on the Conservation of Migratory Species of Wild Animals) and presents first results from the “Global Register of Migratory Species” (GROMS). GROMS summarises our knowledge on migratory species within one relational database in combination with a geographical information system (GIS). GROMS will reveal information deficiencies, support the Convention on the Conservation of Migratory Species of Wild Animals, and contribute to the Clearinghouse Mechanism under the Convention on Biological Diversity. At present, GROMS contains 412 species distribution maps in GIS format. As an initial example of the potential of GIS‐analysis, GIS‐maps of birds and mammals were intersected with administrative borders, and the number of species was calculated for each province. The resulting map shows a high diversity in temperate regions, which is in contrast to maps that usually show most “biodiversity hotspots” to be in the tropics. Consequences for conservation policies are discussed and future prospects for GIS analysis are outlined.     

中国东海法律问题

In the most range of the East China Sea, the exploiting oil and gas have been blocked for decades by conflicting claims to the boundaries and islets by China and Japan. For the sake of addressing conflicts in a comprehensive cooperation by bilateral and multilateral agreements aiming at reducing rising tensions and harvesting resources in disputed areas, it has become a key issue worthy of research. Zhou Zhonghai is a professor of international law and director of the International Law Center in China University of Political Science and Law. He was a senior visiting scholar of the Law School, University of Virginia (1991). As a legal adviser of the Chinese delegation to the third UN conference on the law of the sea, he once attended the drafting committee conference. His main works include Comments on International Law (2001), International Law of the Sea (1987), Legal Problems on International Economic Relations (1993), Peace, Justice and Law (1996), Technologic Progress and Development of the Law of the sea (1998), Law Dictionary (1998), Business Law in China, Trade, Investment and Finance (1997), On the Case of Agusto Pinochet Ugarte (1999). In addition, he has published many essays, for instance, Zhonghai Zhou’s essays on international law (2006), Jurisdiction of the International Tribunal for the Law of the Sea (2005), International law and its functions in international relations (1997), On diplomatic protection for the overseas investments (2007).     

Beyond the Goods/Resources Dichotomy: Animal Labor and Trade Law

Abstract

Since its inception, the World Trade Organization (WTO) has, in a rather self-evident manner, treated animals as objects of trade: Animals must be either goods or natural resources subject to the terms and conditions of the General Agreement on Tariffs and Trade (GATT). However, broader public and legal efforts to recategorize animals from goods to “sentient beings,” which are emerging across the world, are casting serious doubt on these assumptions. Using animals’ subjectivity as a starting point, a new and bourgeoning strand of anthropological, ethical, and political studies argues that animals should properly be recognized as working subjects. Be it guide dogs, truffle hogs, logging elephants, or dairy cows—working animals, they argue, are owed wholly new legal and ethical duties. This article builds on these arguments to examine the consequences of “animal labor” for trade law: Are animals wrongly classified as commodities or resources? Is there a need and room to recognize animals as service providers under the General Agreement on Trade in Services (GATS)? What are the legal consequences of this proposed change? This article sets out to answer these questions and argues that recognizing animals as workers in trade law is conceptually coherent and can play a crucial role in empowering states to protect animals effectively at the international level.     

Investigating the Influence of Non-state Actors on Amendments to the CITES Appendices

Abstract

Non-state actors are playing an increasing role in global environmental governance. Elucidating the modalities and implications of this engagement is important to understanding international policy-making processes. CITES, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, is the primary mechanism for regulating international wildlife trade. It functions by listing species in its Appendices with corresponding trade controls. Accurately listing species in the Appendices is therefore fundamental to the Convention’s effectiveness. We investigate the influence of non-state actors on amending the CITES Appendices using an established framework for assessing NGO influence in international environmental negotiations. We find that non-state actors have been successful in issue framing and agenda setting, and in influencing the position of other actors and final decisions. We also find evidence that NGOs have sought to abuse CITES in pursuit of “campaign” victories, including claiming unwarranted victories, thus undermining NGO legitimacy and accountability. We recommend that the CITES parties seek the most robust science to inform decision-making on proposed amendments to the appendices, which should be broadened to include socioeconomic and economic considerations in order that proposals are evaluated in their real-world context. We further recommend that NGOs should seek to fully understand decision-making in the Convention in order to maximise their legitimate contribution to CITES. Further research is needed to fully elucidate the influence of non-state actors in CITES.     

Rolling the Dice: How Many Occurrences Have Occurred?

The insurance litigation that followed from the World Trade Center tragedy has produced two decisions. The two decisions are diametrically opposed. First, the court found that for those insurance policies that contained a definition of the policy term “occurrence,” the collapse of the two buildings constituted a single occurrence. SR International Business Insurance Co., Ltd. v. World Trade Center Properties LLC, et al., 222 F. Supp. 2d 385 (S.D.N.Y. 2002), aff'd, World Trade Center Properties, LLC, et al. v. Hartford Fire Insurance Co., et al., 345 F.3d 154 (2d Cir. 2003). Then, after a trial involving those policies that did not define the term “occurrence,” the jury held that the collapse of the two buildings constituted two occurrences. This incongruous result demonstrates two truths. First, when the insurance industry wants to, it can define the term ‘occurrence’ in a totally unambiguous manner:

Occurrence shall mean all losses or damages that are attributable directly or indirectly to one cause or to one series of similar causes. All such losses will be added together and the total amount of such losses will be treated as one occurrence irrespective of the period of time or area over which such losses occur.

See WilProp form insurance policy for the World Trade Center, cited at 345 F.3d at 160.     

Conflict or compatibility? The trade,conservation and animal welfare dimensions of cites

Abstract

While analysis of the effectiveness of the Convention on International Trade in Endangered Species (CITES) often focuses on its ability to ensure sustainable trade in the species it regulates, the treaty also contains many provisions intended to ensure the welfare of species introduced into international trade. While such provisions serve salutary objectives, they are often complied with only in the breach. Efforts should be made by the Parties to CITES to ensure implementation of the animal welfare provisions of CITES through stricter enforcement measures, enactment of national legislation and an interpretation of treaty provisions that furthers the underlying welfare objectives of the Convention.     

Contract Negotiations and the Common Law: A Move to Good Faith in Commercial Contracting?

Classically a duty to negotiate commercial contracts in good faith has been seen as part of the civil, not the common, law world. Common law commercial lawyers have long resisted the lure of “good faith” as a contractual concept, despite engagement with civil law principles in harmonisation projects, by virtue of membership of the European Union and their use in international conventions such as the United Nations Convention on Contracts for the International Sale of Goods (CISG). This paper will examine whether this situation is changing, focusing on two common law jurisdictions—England and Wales and Canada. In England and Wales and the common law of Canada, case-law in the last 10 years has indicated a movement towards acceptance of express and implied duties of good faith in relation to contractual performance, see e.g. Yam Seng Pte Limited v International Trade Corporation Limited [2013] EWHC 111 (QB) and, most recently, Essex CC v UBB Waste (Essex) Ltd (No. 2) [2020] EWHC 1581 (TCC) in England and Wales; Bhasin v Hrynew 2014 SCC 71 and Callow v Zollinger 2020 SCC 45 in Canada. This paper will examine the extent to which these cases may open the way more generally for a duty to negotiate commercial contracts in good faith. It will examine the reception of these cases and whether they indicate (i) greater acceptance of “good faith” as part of contract law thinking and (ii) a possible extension of good faith into the pre-contractual period.

     

论中国和平发展与国际法的交互影响和作用

A peaceful and harmonious world is an important social basis for China’s peaceful development, and international law lays a legal foundation and guarantee for building such a world. In the “village of globe” with co-existence and economic globalization, international law provides China a peaceful development with legal certainty in external environment of peace and security, fair and equal international competitive order, and international cooperation; and on the other hand, it puts on an increasing legal restraint on the internal and external strategies of China’s peaceful development. At the same time, the peaceful development of China deems to make a great contribution to the world, which are the main subject of international law in peace and development, as well as to human rights, rule of law and democracy, which are the universal values pursued by international law. Zeng Lingliang, Ph.D of law, is presently a dean and professor in the Faculty of Law in University of Macau. He is an awardee of the Cheung Kong Scholars Award Program and Jean Monnet Chair of European Union Law in Wuhan University, and one of the first three individuals nominated by the China government on the list of panelists in the WTO. He has published many articles on WTO issues, EU law and international law, and his influenced monographs are European Communities and Modern International Law (1992) and its revised edition—European Union and Modern International Law (1994), Law of World Trade Organization (1996), International Law and China in the Early 21 ^st Century (2005) and the Essentials of EU Law—in the New Perspective of the Treaty on the Constitution for Europe (2007).     

The Network Structure of Opioid Distribution on a Darknet Cryptomarket

Objectives

The current study is the first to examine the network structure of an encrypted online drug distribution network. It examines (1) the global network structure, (2) the local network structure, and (3) identifies those vendor characteristics that best explain variation in the network structure. In doing so, it evaluates the role of trust in online drug markets.

Methods

The study draws on a unique dataset of transaction level data from an encrypted online drug market. Structural measures and community detection analysis are used to characterize and investigate the network structure. Exponential random graph modeling is used to evaluate which vendor characteristics explain variation in purchasing patterns.

Results

Vendors’ trustworthiness explains more variation in the overall network structure than the affordability of vendor products or the diversity of vendor product listings. This results in a highly localized network structure with a few key vendors accounting for most transactions.

Conclusions

The results indicate that vendors’ trustworthiness is a better predictor of vendor selection than product diversity or affordability. These results illuminate the internal market dynamics that sustain digital drug markets and highlight the importance of examining how new anonymizing technologies shape global drug distribution networks.

     

It's patently absurd — benefit sharing genetic resources from the sea under UNCLOS,the CBD and TRIPs

Abstract

The United Nations Convention on the Law of the Sea (UNCLOS) establishes a scheme of sovereignty over parts of the seas. The resources of the seas within state jurisdiction covered by UNCLOS are then accessed and shared according to the scheme set out in the Convention on Biological Diversity (CBD), which relies, in part, on patenting according to the Trade Related Aspects of Intellectual Property Rights Agreement (TRIPs). The key findings of this paper are that patents compliant with TRIPs are unlikely to achieve the objects of sharing the benefits from exploiting the genetic resources of the seas because of the significant gaps in UNCLOS and the failure to take into account broad patent claims by non‐residents in benefit sharing arrangements. Consequently, the reliance by the international community on UNCLOS and the CBD for the regulation of benefit sharing, undermines the internationally agreed mandate that the genetic resources of the seas are to be shared and used for the benefit of all.     

Good Faith and the Ubiquity of the ‘Relational’ Contract

The judgment of Leggatt J in Yam Seng Pte Ltd v International Trade Corporation Ltd shows the common belief that the English law of contract does not have a doctrine of good faith to be mistaken. That law does not have a general principle of good faith, but its doctrine of good faith, articulated through numerous specific duties, is more suitable for the interpretation of contracts according to the intentions of the parties than a general principle which invites the imposition of exogenous standards. That Yam Seng involved a relational contract does not mean that paternalistic exogenous standards should be imposed. It means that the good faith obligations essential even to a commercial contract of this sort must be implied in order to give efficacy to the fundamentally co‐operative contractual relationship.     

现代国际法的人本化发展趋势

Humanization is not only a new concept and value-oriented, but also an ever-increasing positive phenomena in international law. Contemporary international law has been contributing to the establishment and improvement of global peace and development order for the co-existence among States on the one hand, and making endeavors to the formation and maintenance of humanizing order, which is both “individual-oriented” and “humankind-oriented”. Such a humanizing phenomenon undoubtedly represents the advanced trend of international law, enriches its contents, updates some of its classic branches and impacts on the basic principle of reciprocity on which it is created and developed. However, the humanization of international law could not have taken shape without common accords among States by means of either treaties or customary rules; and without cooperation among States, the humanistic value of international law can never become true no matter how sublime it is. Zeng Lingliang, Ph.D, is presently a dean and professor in Faculty of Law of the University of Macau, a Cheung Kong awardee and Jean Monnet Chair of European Union Law in Wuhan University, and one of the first three individuals nominated by the Chinese government on the list of panelists in the WTO. Prof. Zeng has a lot of articles published on the WTO issues, EU law and international law, and his representative monographs, for instance, European Communities and Modern International Law (Wuhan University Press, 1992) and its revised edition European Union and Modern International Law (Zhiyi Press, 1994), Law of World Trade Organization (Wuhan University Press, 1996), International Law and China in the Early 21st Century (Wuhan University Press, 2005) and Essentials of EU Law—In the new perspective of the treaty on a Constitution for Europe (Wuhan University Press, 2007).     

试论中国区域贸易安排战略

Regional Trade Arrangements (RTAs) have proliferated after the birth of the World Trade Organization (WTO). In these years, as the members of RTAs increased considerably, the instruments and formalities of RTAs have been varied, and the scope of RTAs has been expanded. With regards to China, it has changed its traditional view and has been engaged positively in the building its own RTAs. Facing the competition from neighboring countries, China should construct an appropriate strategy on RTAs as soon as possible. Without the derogation of multilateral trade agreement, the RTA strategy should be led by national strategic interest, contain the involvement of various levels of trade agreements, enlarge the scope of regional trade agreements, and expand the potential realm of partners for cooperation, etc. Chen Bin was a joint doctoral student of Wuhan University (China) and l’Université Paul Cézanne Aix-Marseille III (France). Now, he is an editor of International Law Review of Wuhan University, a visiting scholar under the scholarship programme of UK foundation for Uniform Law of l’Institut International pour l’Unification du Droit Privé (Unidroit), a researcher under the doctoral scholarship programme of the Hague Academy of International Law, a research fellow of Heidelberg Max Plank Institute for Comparative Public Law and International Law, a research fellow under the Asser Research Fellowships Programme of T.M.C. Asser Instituut, a visiting fellow under the scholarship program for visiting fellows of Hamburg Max Plank Institute for Comparative and International Private Law. Mr. Chen is a member of the Society of International Economic Law (SIEL), the Association for International Arbitration (AIA) and the Asian Competition Forum (ACF), and a researcher of the Arbitration Institute of Guangzhou Arbitration Court. Currently, his research interests focus on international trade law and public international law.