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.     

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).     

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.     

钝器致鼻部骨折95例法医学分析

目的探讨钝器致鼻部骨折种类、骨折及其修复的X线与CT表现差异等特点,为鉴定实践提供参考。方法对福建省古田县1999年1月至2013年12月发生的95例成年人因钝器致鼻部骨折的实际案例,按基本情况、骨折部位、致伤方式、确诊方式、鉴定意见等信息进行描述性统计,并对不同损伤根据新旧标准得出的鉴定意见进行比对。结果 95例成年人中,男性87例,女性8例,骨折部位、数量与鼻骨解剖关系、受力大小和方向均有明显的关联,复合性骨折多见,X线检查无法确定的骨折,经CT检查均可明确诊断。不同骨折类型按新旧标准鉴定意见有所不同。结论鼻部骨折数存在性别差异,外力大时易出现复合性骨折,CT检查明显优于X线检查。     

从《鹿特丹规则》看国际货物运输法律的统一

在总结对《鹿特丹规则》不同评价的基础上,揭示《鹿特丹规则》效果和目标存在的偏差,提出该公约存在的问题将限制其作用,影响其统一化的目标。建议国际社会继续探讨国际货物运输法律制度的统一途径,并建议中国暂时不考虑签署和加入《鹿特丹规则》。     

Opinion 1/15 of the Grand Chamber dated 26 July 2017 about the agreement on Passenger Name Record data between the EU and Canada

On 26 July 2017, the Grand Chamber of the European Court of Justice rendered its seminal Opinion 1/15 about the agreement on Passenger Name Record data between the EU and Canada. The Grand Chamber considered that the decision of the Council about the conclusion, on behalf of the Union, of the agreement between the EU and Canada about the transfer and processing of PNR data must be based jointly on Article 16(2) about the protection of personal data and Article 87(2)(a) about police co-operation among member states in criminal matters, but not on Article 82(1)(d) about judicial co-operation in criminal matters in the EU of the Treaty on the Functioning of the EU. The Grand Chamber also considered that the agreement is incompatible with Article 7 on the right to respect for private life, Article 8 on the right to the protection of personal data, Article 21 on non-discrimination and Article 52(1) on the principle of proportionality of the Charter of Fundamental Rights of the EU since it does not preclude the transfer, use and retention of sensitive data. In addition to the requirement to exclude such data, the Grand Chamber listed seven requirements that the agreement must include, specify, limit or guarantee to be compatible with the Charter.The opinion of the Grand Chamber has far-reaching implications for the agreement on PNR data between the EU and Canada. It has also far-reaching implications for international agreements on PNR data between the EU and other third states. Last, it has far-reaching implications for Directive 681 of 27 April 2016 on PNR data.     

Swiss trade marks practice on misleading geographical indications

Legal context: Geographical references in trade marks are often used not onlyto refer to a certain territory of origin for certain goodsor services, but also to evoke desirable associations, imaginations,emotions, or ideas. The strict practice of the Swiss Trade MarksOffice often requires applicants to limit their list of goodsand services to certain countries. Key points: This abstract discusses the issues of geographically suggestivetrade marks in Switzerland, the strict test used by the SwissTrade Marks Office often requiring the applicant to limit thelist of goods to a specific country, the new stance the formerAppeals Board took in this regard, and how it was struck downby the Swiss Supreme Court, confirming the strict test of theTrade Marks Office. Finally, the article gives a solution onhow the issue of geographical references in trade marks shouldbe treated in order to match reality. Practical significance: It is important to know that the Swiss Trade Marks Office appliesa strict test when it comes to geographical references in trademarks. Usually, the applicant is required to limit the listof goods, although it is questionable whether the trade markreally suggests that the goods stem from a certain country.Foreign decisions are not binding for the Swiss Trade MarksOffice and in this regard usually disregarded.     

Genetic analysis for Y chromosome short tandem repeat haplotypes of Chinese Han population residing in the Ningxia province of China

POPULATION: One hundred and one unrelated, autochthonous healthy males of the Chinese Han population living in Yongning county of the Ningxia Hui Autonomous Region of China.