bluuebunny/crossref_metadata_2025 huggingface dataset:
Comparative Constitutional Law
Authors: Gageler Stephen , Bateman Will
Published: October 2018

This chapter points out the orthodoxy in Australia of consulting foreign law as an ordinary part of the interpretation and application of ‘constitutional provisions with a common genetic or genealogical root’. Australian constitutional experience has demonstrated for more than a century how comparative constitutional analysis can illuminate the resolution of constitutional issues arising within a domestic legal system. In its exposition and development, no less than in its inspiration, Australian constitutional law has benefited from the consideration of foreign precedent. Constitutional ideas which have found expression in foreign judicial pronouncements have been appropriated and adapted when found to shed light on domestic constitutional issues, and discarded when not. That approach to the evaluation and utilization of foreign constitutional precedent has been nothing more than an aspect of the application of common law methodology to constitutional interpretation.
Legitimacy
Authors: Lim Brendan
Published: October 2018

This chapter charts the uneven progression since federation of popular sovereignty as a legitimating force in Australian constitutionalism. It describes how the sociological and moral facts which lie outside the constitution, but which shape our understanding of its legitimacy, can come to be incorporated within the constitution, and to shape our understanding of its law. The chapter begins with the particular conception of popular sovereignty that the Constitution introduced into the regime. This was a political rather than a juridical conception; a fact determining legitimacy rather than legality. But the chapter reveals that the boundary between legitimacy and legality is a porous one. In a wide variety of ways, conceptions of legitimacy influence standards of legality. The course of that influence is then traced through the twentieth century before the chapter returns to arguments presented by Sir Edmund Barton on the last day of the Australasian Federal Conventions in 1898.
Citizenship
Authors: Arcioni Elisa
Published: October 2018

This chapter examines the uneasy relationship between the Australian Constitution and membership of the Australian polity. Unlike some constitutions, the Australian Constitution contains no mention of ‘citizenship’. Instead, formal membership of the Australian community is determined by reference to the constitutional categories of ‘subjects of the Queen’ and ‘people of the Commonwealth’ and through the legislative definition of citizenship under federal law. These peculiar features of the Australian context reflect what is generally assumed to be the modest role of the Constitution in determining national identity and the fact that Australia was not an independent nation at the time of the Constitution's drafting. Developments in legislation, constitutional jurisprudence, and mooted constitutional amendments all point towards a greater role for the Constitution in determining Australian ‘citizenship’ in the future.
Constitutionalism
Authors: Crawford Lisa Burton , Goldsworthy Jeffrey
Published: October 2018

This chapter explains how constitutionalism developed and how it currently operates in Australia. It first explains the historical developments whereby Australia combined elements of the British and American models of constitutionalism, which employ legal and political constitutionalism in very different ways. The chapter then describes three main stages in the development of Australian constitutionalism. The first was the establishment in the nineteenth century of colonial Constitutions, which employed a predominantly political form of constitutionalism and, upon federation in 1900, became the Constitutions of the six Australian States. The second was the establishment of the Commonwealth Constitution in 1900, which necessarily blended elements of political and legal constitutionalism. The third consists of more recent innovations by the High Court that have expanded the role of legal constitutionalism. Each development has built on its predecessor, resulting in a distinctive combination of political and legal constitutionalism.
Republicanism
Authors: Williams John M.
Published: October 2018

This chapter discusses and evaluates the various approaches to republicanism in Australia. It first briefly outlines Australia's current monarchical Constitution, highlighting the textual ties to the monarchy and those aspects that confirm Australia's status as something less than constitutionally independent. The chapter then deals with three faces of Australian republicanism. It explores a number of manifestations of Australian independence that have shaped the narrative that has simultaneously advanced and retarded the republican debate. Afterward, this chapter explores the technical steps and alterations that have emerged with the republican debate in the late 1990s. It highlights key influences on this debate and in particular the quest for a ‘minimalist’ republic. Finally, the chapter briefly investigates the future direction of Australian republicanism.
Unity
Authors: Gummow William
Published: October 2018

This chapter considers national unity in Australia. It focuses first upon the absolute freedom of intercourse among the States of which section 92 of the Constitution commands. The chapter then turns to the absence of disability or discrimination required by section 117. Next, it considers the operation of section 109 not only to adjust relations between Commonwealth and State legislatures but to meet the entitlement of ‘the ordinary citizens … to know which of two inconsistent laws he is required to observe’. Here, reference is made to the uniform quality of justice throughout the Commonwealth which these ‘ordinary citizens’ would be entitled to expect. Finally, the chapter discusses the relationship between ‘the people’, the franchise, and citizenship, and what on occasion has been identified as the implied ‘nationhood’ legislative power of the Parliament, or ‘nationhood’ as an attribute of the executive power of the Commonwealth.
Australia in the International Order
Authors: Charlesworth Hilary
Published: October 2018

This chapter offers an account of Australia's engagement with the international legal order, through different aspects of the relationship: designing international institutions, litigating in the World Court, and implementing international standards. These are only fragments of the full picture, but they illustrate both Australia's embrace of and distancing from the international legal order. Australia's relationship with the international legal order overall is marked by a deep strand of ambivalence. It has played both the part of a good international citizen as well as that of an international exceptionalist. In some fields, Australia has engaged creatively in international institution-building, even if with a wary eye to protect certain Australian interests. In other areas, particularly human rights, the relationship is distinctly uneasy, with Australia appearing to believe that international standards should regulate others and that it is somehow above scrutiny.
Authority of the High Court of Australia
Authors: Donaghue Stephen
Published: October 2018

This chapter considers both the foundations for, and the content of, the High Court's authority in Australia. It focuses principally on the current authority of the High Court, but with reference to some aspects of its history. The chapter first explains the Court's constitutional status as Australia's apex court, performing the role of both constitutional court and ultimate appellate court for both federal and State matters. It next outlines the institutional features of the Court that underpin its authority, in particular its composition and independence. The chapter then examines the Court's authority to enforce constitutional limits through judicial review of legislative action. Lastly, the chapter considers the Court's authority to review executive action and the constitutional foundation for that role.
Justiciability
Authors: Kirk Jeremy
Published: October 2018

This chapter examines the notion of ‘justiciability’ in Australia. In this chapter, justiciability is understood as referring to issues considered appropriate and capable of being subject to judicial resolution and relief. The primary function of courts is to resolve legal disputes. Constitutional law questions, of their nature, tend to overlap with political, social, moral, and economic issues. Disputes in these areas may raise issues which courts are not well-suited to resolve. Further, there may be a concern about whether a case presents a real controversy for determination which is in dispute between the parties before the court, which is appropriately raised by those parties, and/or which is capable of being quelled in whole or part by judicial remedy. Such issues are linked in the Australian constitutional context to the interwoven requirements that there be a ‘matter’ before the court capable of determination by exercise of the ‘judicial power of the Commonwealth’.
Parliaments
Authors: Simpson Amelia
Published: October 2018

This chapter focuses on the national institution variously called the ‘federal Parliament’, the ‘Australian Parliament’, or the ‘Commonwealth Parliament’. It highlights three constitutional meta-principles as having significance for the institution of Parliament. These three—federalism, representative government, and responsible government—have been particularly influential in determining the institutional trajectory of the Parliament. Hence, this chapter uses them to organize a discussion of key structural features. The latter two meta-principles are further taken as useful lenses through which to examine notable innovations, challenges, and constraints that contribute to an understanding of the institution. This chapter thus reveals that Parliament itself has had a significant and ongoing influence upon the structures through which representative government gains expression, even while the High Court has intervened periodically to enforce perceived baseline requirements.
The Separation of Judicial Power
Authors: Foster Michelle
Published: October 2018

This chapter discusses the separation of judicial power principle in Australia. First, it considers the history of the principle and whether it was intended or assumed by the Constitution's drafters. Next, the chapter examines the evolution of the principle in the High Court's jurisprudence, as well as its underlying rationales. Hereafter, this chapter considers the practical ramifications of the principle, and the methods and techniques adopted by the High Court to respond to some of its ‘inconvenient’ consequences. Finally, the chapter considers two of the core underlying rationales in the context of controversial issues in contemporary jurisprudence. It analyses the separation of judicial power principle and the protection of individual rights, in addition to the separation of judicial power principle and federalism. The chapter concludes by briefly commenting on likely future developments.
The Constitutionalization of Administrative Law
Authors: Mortimer Debbie
Published: October 2018

This chapter analyses the insertion of the Constitution into the centre of Australian administrative law. This process of constitutionalization has occurred incrementally, driven by context and necessity. There has been little overruling: rather, there have been shifts in language and emphasis, in circumstances almost entirely concerned with the rocky and changeable course of government policy in Australian migration law, and refugee law in particular. Although it need not have been so, constitutionalization has occurred by the High Court's emphasis on section 75(v) of the Constitution. After describing the origins, purpose, and role of section 75(v) as the setting for this change in emphasis, this chapter examines the signs of constitutionalization and the key features of public law litigation which have contributed to it. The chapter concludes with a discussion of some of the consequences of constitutionalization, and what future developments might occur.
Power
Authors: Leeming Mark
Published: October 2018

This chapter explains and illustrates why the Australian Constitution is mostly concerned with power, and public power in particular. ‘Public power’ here refers to the powers conferred by the Commonwealth and State Constitutions upon the instruments of government. In this light, the chapter is about how there is a greater focus in the Australian legal system upon power, as opposed to rights. It first describes the nature of the structures established by the Commonwealth and State Constitutions. Then the nature of the limitations of, and interactions between, the powers conferred upon those structures is considered, illustrating the different qualities of legislative, executive, and judicial power and the different relationships between those powers.
Money
Authors: McLeish Stephen
Published: October 2018

This chapter outlines the main provisions of the Australian Constitution dealing with money. It describes how the provisions of the Constitution address the many financial questions which arose at the establishment of the Commonwealth of Australia. These included: how the establishment of the Commonwealth would be funded, what powers the Commonwealth and the States would have to raise money, how the governments of the States would continue to be funded after the former colonies lost some of their taxing powers on becoming States, and what would be the responsibilities of the legislative and executive branches in the financial affairs of the Commonwealth. The chapter then outlines the principal High Court decisions which have guided the understanding of these provisions. The decisions are of two kinds: those concerning the interpretation of the Constitution and the federation more generally, and those about financial matters in particular.
The Federal Principle
Authors: Crommelin Michael
Published: October 2018

This chapter seeks to determine the content of the federal principle in Australia from the historical context of the Constitution, the text and structure of the Constitution, and the jurisprudence of the High Court of Australia. The federal principle is a foundational element of the Constitution, along with representative democracy, responsible government, separation of judicial power, and the rule of law. The Commonwealth of Australia Constitution Act 1900 (UK) provided for the people of the six Australian colonies to be united in ‘a Federal Commonwealth under the name of the Commonwealth of Australia’, a self-governing polity within the British Empire. Hence, the chapter reveals three core ingredients of the federal principle: multiple polities, limited authority of polities, and reciprocal responsibility among polities. These ingredients are tightly intertwined.
Due Process
Authors: Wheeler Fiona
Published: October 2018

This chapter explores how guarantees of due process in Australia are implemented. It first examines the unsuccessful attempt in the 1890s to incorporate an express due process clause in the Australian Constitution. The chapter next looks at the High Court's historical recognition that Chapter III of the Constitution incorporates judicial review of the validity of legislative and executive action and a separation of federal judicial power. It then examines how, in recent decades, the Court has distilled a group of due process guarantees binding on the Commonwealth and the states from this institutional framework. Finally, the chapter considers key issues in future development of Australian due process law.
Equality
Authors: Meyerson Denise
Published: October 2018

This chapter considers the extent to which the Australian Constitution protects the right of individuals to equality and non-discrimination. It is concerned solely with the extent to which the Constitution forbids the passing of laws that discriminate against individuals or that subject individuals who are the same in relevant respects to different treatment. As the chapter shows, the Constitution neither expressly nor impliedly contains a guarantee of general legal equality for individuals. It does, however, prohibit one kind of discrimination against individuals, namely, discrimination on the ground of out-of-State residence. Furthermore, there are some respects in which the Constitution expressly contemplates inequality, including race-based inequality—a singular fact that has been taken to defeat the notion that the Constitution contains an implied guarantee of equality.
Legality
Authors: Meagher Dan
Published: October 2018

This chapter identifies and explores the relationship between the common law principle of legality and the Australian Constitution. To this end, the chapter considers in some detail how the courts might use the Constitution to provide a stronger normative justification for the principle, better fix the content of the rights it operates to protect, and inform how it is applied. The analysis undertaken is based on the view that much of the recent (and likely future) development of the principle in Australia—indeed the principles of statutory interpretation more generally—may well be constitutionally driven. To do so, the present status of the principle of legality is outlined in this chapter. Its evolution in Australian law and the key points of doctrinal controversy and methodological disagreement are also traced and identified.
Part I Investment Treaties and the Settlement of Investment Disputes: The Framework, 3 International Investment Dispute Settlement Mechanisms
Authors: Ucheora Onwuamaegbu
Published: October 2018

This chapter begins by introducing the three institutions under whose auspices treaty-based investor-state arbitration proceedings have most commonly been conducted: the International Centre for Settlement of Investment Disputes (ICSID), the International Court of Arbitration of the International Chamber of Commerce (ICC), and the Arbitration Institute of the Stockholm Chamber of Commerce (SCC). Following a general overview of the three institutions, it examines certain procedural issues that may be considered by parties in deciding among them, assuming that consent exists. The intention is to highlight certain provisions in their arbitration rules that best demonstrate the main differences between them. Finally, the chapter examines the Rules of the United Nations Commission on International Trade Law under which the majority of ad hoc investor-state arbitrations have so far been conducted and draws certain contrasts between them and the rules of the institutions earlier discussed.
Part II Guide to Key Preliminary and Procedural Issues, 7 The Fate of Frivolous and Unmeritorious Claims
Authors: Katia Yannaca-Small , David Earnest
Published: October 2018

The term ‘frivolous’ is sometimes used to describe a claim which is filed with knowledge that it has little or no chance of succeeding. This chapter examines the procedures available under international investment agreements and international arbitration rules to address on a preliminary and expedited basis claims that are frivolous in the sense of being baseless and unmeritorious, regardless of claimant’s motives. The current trend towards preliminary and expedited consideration of a request that an application in investor-state arbitration be dismissed as frivolous is rooted in the 2004 US Model Bilateral Investment Treaty and the 2006 amendment to the International Centre for Settlement of Investment Dispute (ICSID) Rule 41(5). There is also an emerging focus on the summary disposition of such frivolous claims in international arbitration rules traditionally concerned with commercial arbitration.
Part V Remedies and Costs, 25 Compensation and Damages in Investment Treaty Arbitration
Authors: Irmgard Marboe
Published: October 2018

Investor-state arbitration is different from commercial arbitration between two private entities in that the involvement of a state or a state entity may entail considerations connected to sovereignty. States as sovereigns have certain rights and prerogatives stemming from the right to self-determination and their responsibility to safeguard public interests. On the other hand, states are also bound by the obligations they have freely decided to enter into. This chapter provides an overview of some important issues and problems in the calculation of compensation and damages in investor-state arbitration. It starts with the legal rules applicable and then addresses some important issues which must be identified in practice, such as causation and the valuation date. Thereafter, it discusses the circumstances which might limit the amount of compensation or damages before concluding with some remarks about the appropriate valuation method.
Why Are Banks Supervised?
Authors: Gleeson Simon
Published: October 2018

This chapter begins by setting out the Core Principles for Effective Banking Supervision produced by the Basel Committee in September 1997, reissued in a revised version in October 2006, and further revised in the light of the crisis in 2012. The 2012 revision of these principles focused on four major areas: corporate governance within banks; an obligation on supervisors to ensure that banks are appropriately prepared for resolution; an obligation for supervisors to assess bank risks in the context of the macroeconomic environment; and the idea that supervisors should have higher expectations of banks which are globally systemically significant than for other banks. The discussions then turn to capital regulation, constraints on bank capital regulation, quantum of bank capital requirements, whether the banking crisis proves that risk capital-based regulation failed, market crisis and regulation, and protecting the public from the consequences of bank failure.
Total Loss-Absorbing Capacity
Authors: Gleeson Simon
Published: October 2018

Post-crisis banks are subject to two overlapping authorities: regulatory authority and resolution authority. Both are concerned with the survival of the bank in a crisis, and both have the power to instruct a bank as to how it should structure itself to address that possibility. Total Loss Absorbing Capital (TLAC) is the most significant point of overlap between these two authorities. Viewed from the perspective of a resolution authority, TLAC is simply a name for that proportion of the liabilities of a bank which can be converted into capital in a resolution. However, viewed from the perspective of a prudential supervisor, the TLAC requirement can be viewed as a capital requirement capable of being met with a wider range of instruments than those which qualify as Tier 1 or Tier 2. This chapter discusses TLAC requirements, composition of TLAC, treatment of TLAC holdings by other banks, and the EU's approach to TLAC.
The Trading Book
Authors: Gleeson Simon
Published: October 2018

This chapter begins by discussing market risk in the Basel framework. Market risk was a relative latecomer to the Basel framework. Although the original Accord was signed in 1988, it was only in 1996 that the amendment to incorporate market risks was implemented. Market risk in the trading book is comprised of two significant components: position risk, which measures the risk of a change in the value of assets held; and counterparty credit risk, which measures the riskiness of counterparties to derivatives, options, and other trading positions. The remainder of the chapter covers trading book eligibility under Basel 2.5 and Basel 3.
Credit Value Adjustment
Authors: Gleeson Simon
Published: October 2018

The chapter discusses credit value adjustment (CVA) under Basel 2.5 and Basel 3. CVA is an adjustment to the fair value (or price) of derivative instruments to account for counterparty credit risk (CCR). Thus, CVA is commonly viewed as the price of CCR. The purpose of the CVA capital charge is to capitalize the risk of future changes in CVA. For most exposures, at any given time the market credit spread on the relevant counterparty is good proxy for the CVA applicable to the exposure, but the regulatory calculations involved reflect a number of factors as well as this particular input.
Concentration and Large Exposures
Authors: Gleeson Simon
Published: October 2018

This chapter discusses the large exposure regime. The large exposures regime is one of the two substantial components of the prudential capital regulatory system — the other being liquidity — which did not fall within the Basel 2 regime. Both have now been brought within the Basel 3 regime, although the large exposure rules are expected to come into effect only from 1 January 2019. The essence of the large exposures regime is the idea that banks should diversify their risk. There are three core rules which are relevant for the large exposures regime. One is the rule that any exposure which is sufficiently ‘large’ should be reported to the regulator; the second is that no single exposure should be permitted to exceed 25 per cent of capital (15% for exposure to G-SIBs).
Financial Conglomerates
Authors: Gleeson Simon
Published: October 2018

This chapter discusses the supervision of financial conglomerates. In 1999, the Joint Forum on Financial Conglomerates released a paper which sets out the basis of the supervision of conglomerates, and the basic principles set out in this paper remain the basis for conglomerate supervision. The paper classified the existing approaches to conglomerate regulation into the ‘building block prudential method’, the ‘risk based aggregation method’, and the ‘risk-based deduction method’. The EU Financial Groups Directive, although largely based on the work of the Joint Forum, has also set out three prescribed approaches to conglomerates which are similar but not identical to the Joint Forum categories. Those four methods are discussed.
Major Oil and HNS Spills
Authors: Purnell Karen
Published: October 2018

This chapter evaluates the effectiveness of measures taken by the International Maritime Organization (IMO) to promote global governance of the ocean. These views are based upon the International Tanker Owners Pollution Federation’s (ITOPF) experience of having attended major oil and HNS incidents worldwide. The evaluation also takes into account the educational and outreach activities that the ITOPF has undertaken in conjunction with the IMO and several of the partners with whom the IMO works. The approach taken has been to consider, primarily, the measures in terms of the conventions that are in place governing Preparedness and Compensation and to highlight where measures appear to be working effectively as well as where there are obstacles. The ITOPF’s role does not extend to measures taken to prevent incidents occurring. Other conventions are mentioned briefly insofar as they have relevance to the work of the ITOPF.
The IMO: Maritime Terrorism/Security and Global Ocean Governance
Authors: de Boer Jan Engel
Published: October 2018

This chapter concentrates on the measures taken by the International Maritime Organization (IMO) to prevent acts of terrorism at sea. It looks in some detail at the legal jurisdictional framework put in place by the development and adoption of the 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA) and its 2005 Protocols. The chapter also discusses the practical measures adopted by IMO through the International Ship and Port Facility Security (ISPS) Code aimed at improving security in ports and on ships. Finally, this chapter concludes that these measures, which are constantly under review by the relevant committees within the IMO, have put in place the necessary building blocks. What is now required is the political will on the part of IMO Member States by passing the necessary legislation or other administrative measures to implement satisfactorily these measures.
The IMO’s Work on Environmental Protection and Global Ocean Governance
Authors: Chircop Aldo
Published: October 2018

This chapter surveys the extensive work undertaken by the International Maritime Organization (IMO) to protect the marine environment. It argues that marine environment issues cannot be the exclusive responsibility of one international organization, even one as proactive as the IMO. The chapter offers a variety of suggestions that might be looked into to improve the effectiveness of IMO measures. It also notes that flag states do not always live up to their responsibilities under the UN Convention on the Law of the Sea (UNCLOS) with regard to the exercise of effective control and jurisdiction over ships flying their flags. In this light, Port State Memorandum of Understanding (MoU) reports frequently observe substantial deficiencies on a number of vessels, whether flagged under open registries or not. It remains to be seen whether the recently adopted IMO compulsory audit scheme may cast further light on these issues.
The IMO: Ship-sourced Emissions, Climate Change, and Global Ocean Governance
Authors: Hughes Edmund
Published: October 2018

This chapter focusses on the vexed question of climate change and the International Maritime Organization’s (IMO) attempts to control and reduce ship-sourced emissions. It notes that, while international maritime transport remains the most energy-efficient mode of mass cargo transport, a global approach to further improvements in energy efficiency and work to address greenhouse gas (GHG) emissions from ships is highly necessary. After all, sea transport is predicted to grow significantly in the coming years. In line with this, a roadmap has been approved by the Marine Environment Protection Committee (MEPC) for the development of a comprehensive strategy on the reduction of GHG emissions from ships. Under the roadmap and to provide a long-term vision for the shipping sector, the MEPC will need to address a number of important questions.
The IMO, the Polar Regions, and Global Ocean Governance
Authors: Stemre Turid
Published: October 2018

This chapter discusses the content of the recently adopted Polar Code and outlines the methodology used in the working group of the Marine Environment Protection Committee (MEPC) that led to the Code being developed and adopted. In doing so, the chapter provides invaluable insight into the workings of International Maritime Organization (IMO) committees. In addition, the chapter maintains that, in the absence of political will to do so, the intended results of this lengthy negotiation at IMO will not be achieved. An additional area this chapter identifies for further action concerns the International Life-saving Appliance (LSA) Code and the International Code for the Application of Fire Test Procedures (FTP). This area urgently needs revision in order to take into account the new requirements of the Polar Code regarding procedures and performance standards.
The International Labour Organization and Ocean Governance
Authors: Politakis George P
Published: October 2018

This chapter examines the role of the International Labour Organization (ILO) in ocean governance. Established in 1919, ILO is the oldest agency of the United Nations. Today, its decent work agenda is articulated around four strategic objectives: promote fundamental principles and rights at work; create employment and income opportunities; enhance social protection and social security; and strengthen social dialogue and tripartism. The chapter discusses ILO’s standard-setting activities with respect to international protection of maritime labour as well as the Maritime Labour Convention of 2006, which gave rise to a new social charter for global seafaring. It also considers ILO’s standard-setting work relating to commercial fishing and to biometric seafarers’ identity documents (SIDs).
The Work of the International Monetary Fund and Its Possible Relevance to Global Ocean Governance
Authors: Doussis Emmanuella
Published: October 2018

This chapter discusses the role of the International Monetary Fund (IMF) in global ocean governance. It first traces the history of the IMF, from its inception at Bretton Woods in 1944 to the late 1970s and beyond, and highlights the factors that have influenced its institutional development as well as its current institutional profile. It then describes the IMF’s membership, structure, main functions, and decision-making processes before analysing the possible input of the Fund to matters related to ocean governance. In particular, it considers the ways in which the IMF is involved in global ocean governance through its three main functions: economic surveillance, lending, and capacity building. Although the Fund has no direct relevance to global ocean governance, the chapter shows that the IMF may contribute to its improvement by providing technical assistance and policy advice, as well as a better interaction with other, more competent, international agencies.
The Work of WIPO and Its Possible Relevance for Global Ocean Governance
Authors: Chiarolla Claudio
Published: October 2018

This chapter focuses on the work of the World Intellectual Property Organization (WIPO) and its possible relevance for global ocean governance. It first provides a background on WIPO and its activities, legal foundations and mandate before asking whether there is a place for intellectual property (IP) considerations in regard to global ocean governance. It then considers what role, if any, WIPO should play, as the competent UN agency responsible for the development of a balanced and effective international IP system, in strengthening the contribution of IP to the global governance of oceans, in line with Sustainable Development Goals 14 (Life below water). It also describes some key areas of overlap and possible interrelationships between global ocean governance and the work of WIPO from both normative and practical standpoints. Finally, it reflects on WIPO’s future role in the context of the evolving sustainable ocean governance.
The Contribution of UNODC to Ocean Governance
Authors: Forlati Serena
Published: October 2018

This chapter discusses the contribution of the United Nations Office on Drugs and Crime (UNODC) to ocean governance. Formally established in 2004, UNODC is an office of the United Nations (UN) Secretariat focused on addressing the interrelated issues of drug control, crime prevention and international terrorism in the context of sustainable development and human security. The chapter first provides an overview of UNODC’s history, governance and budget before considering its role in achieving the 2030 Agenda for Sustainable Development. It then examines UNODC’s involvement in ocean governance, particularly in effective prevention and repression of crime at sea, based on the legal frameworks of UNCLOS and the United Nations Convention against Transnational Organized Crime (UNTOC). Finally, it describes two UNODC Programmes that have an impact on the process of ocean management: the Container Control Programme and the Global Maritime Crime Programme.
The Contribution of UNHCR to Ocean Governance
Authors: Trevisanut Seline
Published: October 2018

This chapter discusses the role of the United Nations High Commissioner for Refugees (UNHCR) in ocean governance. Created in 1950 to replace the International Refugee Organization, the UNHCR provides protection to refugees and displaced persons. In addition to promoting the development and ratification of multilateral and bilateral agreements for the protection of refugees, the UNHCR assists governments and private organizations dealing with the repatriation or settlement of refugees in host countries. The chapter first provides a brief overview of the UNHCR’s beginnings and the progressive expansion of its mandate before analysing the role of the UNHCR Executive Committee (ExCom). It then considers how the UNHCR handles crises involving irregular migration by sea, including the Haitian crisis and the Indochinese crisis, along with its influence on the development of the international legal framework of search and rescue services. Finally, it highlights the ways in which the UNHCR contributes to ocean governance.
Healthy Oceans for Healthy Lives
Authors: Negri Stefania
Published: October 2018

This chapter focuses on the contribution of the World Health Organization (WHO) to global ocean governance. It first provides an overview of ‘oceans and human health’ as a new interdisciplinary area of research before discussing the range of benefits to human health provided by the oceans as well as the public health risks associated with the degradation of coastal and ocean water quality due to anthropogenic and natural hazards. It then examines the WHO’s institutional profile and position in the United Nations system, its governing texts and governing bodies, and competence and activity in the field of environmental health. It also considers the important role played by the WHO in global ocean governance, highlighting specific areas of intervention, and its commitment to ocean-related Sustainable Development Goals. Finally, it analyses the potential for a strengthened and more visible role of the WHO in ocean governance.
Intergenerational Equity, Ocean Governance, and the United Nations
Authors: Fitzmaurice Malgosia
Published: October 2018

This chapter examines the role of the United Nations (UN) in fulfilling the concept of intergenerational equity as it relates to ocean governance. The concept of intergenerational equity is inexorably linked to the principle of sustainable development. Three basic principles underpin intergenerational equity: conservation of options, conservation of quality, and conservation of access. The chapter first considers the concept of intergenerational equity within the context of sustainable development and environmental protection before discussing international conventions and soft law instruments including the principle of intergenerational equity. It then explains how the UN Convention on the Law of the Sea (UNCLOS) takes into account intergenerational equity and goes on to review national and international case-law concerning intergenerational equity and the rights of future generations. It also analyses constitutional and institutional protection of the rights of future generations and concludes with an assessment of UN approaches addressing the needs of future generations.
Part I Assessing the UN Institutional Structure for Global Ocean Governance: The UN’s Role in Global Ocean Governance, 5 The Role of International Tribunal for the Law of the Sea (ITLOS) in Global Ocean Governance
Authors: Vladimir Golitsyn
Published: October 2018

This chapter focuses on the role of the International Tribunal for the Law of the Sea (ITLOS) in global ocean governance. Established under the United Nations Convention on the Law of the Sea (UNCLOS), the jurisdiction of the ITLOS comprises all disputes and all applications concerning interpretation or application of the Convention and all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal. In the performance of its responsibilities, ITLOS has accumulated a body of jurisprudence which constitutes its contribution to the progressive development of international law of the sea and thus global ocean governance. The chapter discusses the most important examples of the ITLOS's contribution to the global ocean governance, such as dealing with contentious cases, requests for provisional measures, and prompt release cases as well as providing advisory opinions.
Part II Individual Issues and Cross-Cutting Themes: Climate Change and Global Ocean Governance, 7 The Role of the International Climate Change Regime in Global Ocean Governance
Authors: David Freestone
Published: October 2018

This chapter examines the role of the international climate change regime in global ocean governance, with emphasis on the cross-cutting set of global ocean governance issues arising from human-induced climate change. It first provides an overview of the international legal regime governing climate change before discussing the two major anthropogenic impacts on the oceans, namely: warming/acidification and sea level rise. It then considers other governance issues such as greenhouse gas emissions from shipping, geoengineering, and blue carbon, suggesting that addressing these issues are beyond the competence of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC). The chapter stresses the need for greater, deeper and ultimately better co-ordinated leadership on the most significant global environmental challenge facing the world today.
Part V Regional Perspectives on Global Ocean Governance, 12 The Asian Perspective on Global Ocean Governance
Authors: Yoshifumi Tanaka
Published: October 2018

This chapter discusses issues of global ocean governance from an Asian perspective. The Asian Seas regions face four challenges relating to marine pollution, conservation and sustainable use of marine biological diversity, adverse impacts of climate change upon the oceans, and maritime security. Before analysing these challenges in detail, the chapter considers two paradigms of ocean governance that the international law of the sea attempts to balance: the traditional paradigm based on co-existence of States; and a new paradigm based on notions of inter-dependency between governments, human communities and the natural environment thus requiring new, more co-operative arrangements. It also examines elements of uncertainty in the Asian Seas regions and notes that there is no regional treaty concerning marine environmental protection in those regions.
The relationship between remission and health-related quality of life in a cohort of SLE patients
Authors: Tsang-A-Sjoe Michel W P , Bultink Irene E M , Heslinga Maaike , van Tuyl Lilian H , van Vollenhoven Ronald F , Voskuyl Alexandre E
Published: October 2018

Objective

To investigate the relationship between remission and health-related quality of life (HRQoL) in patients with SLE in a longitudinal observational cohort.

Methods

HRQoL was measured at cohort visits using the physical and mental component score (PCS and MCS, respectively) of the Short Form 36 questionnaire. Definitions of Remission in SLE remission categories (no remission/remission on therapy/remission off therapy) were applied. Determinants of PCS and MCS were identified with simple linear regression analyses. Association between remission and HRQoL was assessed using generalized estimating equation models.

Results

Data from 154 patients with 2 years of follow-up were analysed. At baseline 60/154 (39.0%) patients were in either form of remission. Patients in remission had higher Short Form 36 scores in all subdomains compared with patients not in remission. PCS was positively associated with remission and employment, and negatively associated with SLICC damage index, ESR, medication, patient global assessment and BMI. MCS was positively associated with Caucasian ethnicity and negatively associated with patient global assessment. In generalized estimating equation analysis, a gradual and significant increase of PCS was observed from patients not in remission (mean PCS 36.0) to remission on therapy (41.8) to remission off therapy (44.8). No significant difference in MCS was found between remission states.

Conclusion

we show a strong and persistent association between remission and PCS, but not MCS. These results support the relevance (construct validity) of the Definition of Remission in SLE remission definitions and the further development of a treat-to-target approach in SLE.
Challenges and Opportunities in Documenting the Recent History of Public Health: The Health of Bristol after 1948
Authors: Evans David
Published: October 2018

How do you find the sources to write the history of the health of a city, particularly for the late twentieth century and into the digital age? This article explores this challenge in the case of the city of Bristol in the United Kingdom during the period from the creation of the National Health Service (NHS) in 1948, through the transfer of the public health function from local government to the NHS in 1974 and up until the return of public health back to local government in 2013. The aims of the article are to scope the extant paper and digital official and academic documentary sources for the history of public health in the city, to critically assess the availability and completeness of the sources and to reflect on the challenges and opportunities of integrating earlier paper records with more recent digital ones.
Functional Characterization of Two Cellulase Genes in the Gram-Positive Pathogenic Bacterium Clavibacter michiganensis for Wilting in Tomato
Authors: Hwang In Sun , Oh Eom-Ji , Lee Han Beoyl , Oh Chang-Sik
Published: October 2018

Diverse plant pathogens secrete cellulases to degrade plant cell walls. Previously, the plasmid-borne cellulase gene celA was shown to be important for the virulence of the gram-positive bacterium Clavibacter michiganensis in tomato. However, details of the contribution of cellulases to the development of wilting in tomato have not been well-determined. To better understand the contribution of cellulases to the virulence of C. michiganensis in tomato, a mutant lacking cellulase activity was generated and complemented with truncated forms of certain cellulase genes, and virulence of those strain was examined. A celA mutant of the C. michiganensis type strain LMG7333 lost its cellulase activity and almost all its ability to cause wilting in tomato. The cellulase catalytic domain and cellulose-binding domain of CelA together were sufficient for both cellulase activity and the development of wilting in tomato. However, the expansin domain did not affect virulence or cellulase activity. The celA ortholog of Clavibacter sepedonicus restored the full virulence of the celA mutant of C. michiganensis. Another cellulase gene, celB, located in the chromosome, carries a single-base deletion in most C. michiganensis strains but does not carry a functional signal peptide in its N terminus. Nevertheless, an experimentally modified CelB protein with a CelA signal peptide was secreted and able to cause wilting in tomato. These results indicate that cellulases are major virulence factors of C. michiganensis that causes wilting in tomato. Furthermore, there are natural variations among cellulase genes directly affecting their function.