bluuebunny/crossref_metadata_2025 huggingface dataset:
The Study of Religions in Norway1
Authors: Finnestad Ragnhild Bjerre
Published: June 2008

In Norway, the study of religions has been conducted as a discipline in its own right, as well as integrated into other disciplines exploring human culture. This presentation will concentrate on the former, following two themes: its persistent institutional autonomy, and its varying cross-disciplinary preferences. To a certain extent, the freedom of choosing cross-disciplinary partners could be seen as conditioned by the institutional autonomy of the discipline.
Czech Religious Studies: Past, Present, Future'
Authors: Horyna Bretislav
Published: June 2008

The Czech academic study of religions has a rich, eventful and sometimes paradoxical history. To be sure, it is a history that is difficult for some readers to imagine since they reside in a complex but nevertheless transparent context, one both scientifically and academically structured. In this essay I will chart the development of the Czech study of religions, and evaluate its basic elements and central issues. In order to avoid the confusion of too many names, texts and schools, I will concentrate on the major trends in research and the methodological basis in each phase of its development. In writing this historical survey I stress the present situation and the preconditions for the further development of the study of religions; the past, whatever it may be, belongs to the past and it must not be regarded as an excuse for the current situation.
Categorical Designations and Methodological Reductionism: Gnosticism as Case Study1
Authors: Tite Philip L.
Published: June 2008

Debate continues between reductionists and non-reductionists over sui generis discourse within the academic study of religion. In this article, Gnosticism is explored as a case study for applying methodological reductionism to categorical designations. Metaphysical reductionist approaches to Gnosticism have been present in the field, rendering "Gnosticism" as a transhistorical phenomenon which is irreducible to social scientific methods. After discussing the phenomenological approach of Hans Fonas and the cognitive approach of Ioan Couliano, this article, rejecting both ontological and metaphysical reduction, advocates the application of methodological reductionism. Methodological reduction helps to shift classifications away from conflation with reality to be seen, instead, as analytical devices for theorizing first-order data. A relative approach to the function of classification tools enables us to explore the modes of relation within particular classificatio constructions.
Reflections On Religion, Modernization, and Violence in the Islamic Middle East
Authors: Kingston Paul
Published: June 2008

This essay examines the social role played by, and social reasons for, violence in the Islamic Middle East. In doing so, it aims to counteract a persistent tendency in the literature to igreore the complexity of the relationship between religion and violence, on the one hand, and larger issues of socio-political and economic change, on the other, in favor of a more simplistic approach that views so-called militant or radical Islam primarily as a cause of violence in the region. The essay argues that explanations of "religious" violence can never be divorced from a thorough understanding of the historical formation and present social dynamics of the various nation-states in the region.
"It's About Us": Religious Studies as Human Science
Authors: Orye Lieve
Published: June 2008

This article argues that, in order to understand religious studies's debate over reductionism, one should take the social-historical context of the debate and the fteld's subject matter into account. Martin Kusch's work on folk psychology and Ian Hacking's work on 'human kinds' provide an example of how this can take place. The article argues that the study of religion is part of the human sciences and that this area differs from the natural sciences precisely insomuch as the former's subject matter involves a learning reflexive human being. However, large parts of the study of religion exemplify a co-called 'inferior' science-or, as some would say, theology-insomuch as these areas have developed a myopia by looking through distorting Christian glasses. This form of the field seems based on 'knowledge ex nihilo', a shortcoming for a human science because it lacks any conscious reflection on its, and its subject matter's, involvement in society.
Asceticism, Religion, and Biological Evolution'
Authors: Bronkhorst Johannes
Published: June 2008

This article initially argues that asceticism and related phenomena in classical India and in Christian antiquity suggest the existence of a universal, shared, innate human predisposition. After providing descriptive data on the widespread belief in a soul distinct from the body, along with cross-cultural accounts of ascetic practices, the article turns to a general reflection concerning the characteristics of an innate disposition termed the 'ascetic instinct' in light of other such dispositions, notably the 'language instinct' hypothesized to exist by some linguists. Further evidence in support of the proposed ascetic instinct, this time drawn mainly from tribal societies, is also presented. The article concludes by drawing on recent research on language and symbolic thinking to propose how this counter-reproductive universal arose and how it has survived in human beings.
The Gospel of Philip and Clement of Alexandria
Authors: Van Eijk A.H.C.
Published: June 2008

It is the purpose* of this article to study in more detail than has been done the parallelism between saying 23 of the Gospel of Philip (Codex III Nag Hammadi, 104,26-105,19) and three passages from Clement of Alexandria's Pedagogue (1,38,1-3 ; 43,2-3 ; 2,19,3-20,1). This parallelism remained unnoticed in the two main existing commentaries on Ev.Phil., the one by R. M. Wilson (1962), and the other by J. E. Ménard (1967).1 We shall first deal at some length with Ev.Phil. 23, and pay special attention to what it has to say on the resurrection and the Eucharist, drawing parallels with other sayings of this Gospel, and also with the writings of theologians of the Great Church. We shall then turn to the relevant passages from Clement's Pedagogue, and try to take away some obstacles which have hindered the understanding of Clement's allusive language in these passages. Finally, we shall make some remarks on the "demarcation-lines" that are usually drawn between the various kinds of theology in the second and third century.
Death as a Spiritual Marriage: Individual and Ecclesial Eschatology
Authors: Rush Alfred C.
Published: June 2008

Beginning with Osee, Yahweh's relationship with Israel is described in terms of marriage. The basic, underlying theme is the love of the husband that overcomes the infidelities of his spouse, his covenanted people.1 This marriage theme of love later finds many nuanced expressions in the Old Testament.2 The Church, as the Spouse of Christ, is the continuation and fulfillment of the Old Testament theme.3 "Since the Church of the New Testament succeeds the Synagogue of the Old Testament, it naturally takes over not only the general idea of the People of God, but also the metaphorical language of bridal mysticism in the prophetic books; God unites himself with Redeemed mankind with the tenderness and constancy of a lover."4
The Valentinian Claim To Esoteric Exegesis of Romans as Basis for Anthropological Theory
Authors: Pagels Elaine H.
Published: June 2008

Investigation of Valentinian exegesis of Romans indicates that certain gnostic theologians claim to have developed their anthropological theory from an esoteric exegesis of Romans. While most Christians read the epistle "literally", as Paul's discussion of the contrast between the revelation to Israel and the revelation in Christ, these exegetes read it allegorically. Accordingly, they claim, what Paul describes as the situation of "the Jews" who stand "in the law" (cf. Rm. 2.12; 3.19), subject to "sin" and "death" (8.2 f.) allegorically describes the situation of psychic Christians. They, as "Jews", worship the "God of the Jews" (3.29), the demiurge, whose law requires them to earn their salvation "from works" (4.2). Conversely, Paul's discussion of the "Gentiles", who, "outside the law", have in their hearts the "law by nature" (2.12-15) describes the situation of the pneumatics. These receive redemption entirely "apart from the law" (3.21), "without works" (3.28). They are the elect foreordained by the Father (8.29f.), redeemed "through faith", "according to grace" (3.21-30). This analysis suggests that the traditional framework for interpreting gnostic anthropology - either in terms of "determinism" (Bultmann, 1941) or of "free will" (L. Schottroff, 1969) - proves inadequate. Such anthropological terms as the "natures" (φστδ) or their designation as "hylic/psychic/pneumatic" instead are intended to present a modified theory of election, allegedly Pauline. They are intended to differentiate between the psychics' salvation, effected by choice "through works", on the one hand, and the pneumatics' redemption through divine election on the other — an election received "through faith", and "by grace".
"Unsere Hände Den Armen Öffnen" Das Opus Monasticum Der Pachomianer
Authors: Joest Christoph
Published: June 2008

Es ist erfreulich, daß der große ägyptische Mönchsvater Pachom (287-347)1 auch unter protestantischen Autoren zunehmend in seiner Bedeutung erkannt und gewürdigt wird. Heinrich Holze geht in seiner Habilitationsschrift "Erfahrung und Theologie"2 mehrfach mit großem Verständnis für seine Leistung auf ihn ein und hat auch einige wertvolle Aufsätze über den Stellenwert der Heiligen Schrift und die Gebetspraxis bei den Pachomiancm veröffentlicht.3 Dabei beruft er sich mehrfach auf einen Text der Pachom-Vita, der scheinbar das opus monasticum der Mönche, also die Grundpfeiler monastischen Lebens, in klassischer und aus anderen Zusammenhängen genugsam bekannter Weise enthält: unablässiges Gebet, Nachtwachen, "Meditation" des Gesetzes Gottes und Handarbeit.4 Das Besondere der Leistung Pachoms, so könnte man schlußfolgern, bestünde dann darin, daß er diese Weisungen zum ersten Mal formuliert hat. Es ist meine Überzeugung, daß der fragliche Text, wenn man ihn so versteht, seiner eigentlichen Pointe beraubt wird, weil er von dem Klosterwesen späterer Zeit rückwärts gewandt betrachtet und von diesem Verständnis aus begriffen und eingeordnet wird. Im folgenden will ich zunächst das Zitat im Zusammenhang der Argumentation bei Holze darstellen, dann die erwähnte Stelle im vollen Wortlaut und im Kontext der Pachom-Vita untersuchen und abschließend das spezifisch Pachomianische aufgrund des behandelten Textes aufzeigen.
Die Mahlgebete in Didache Kap. 9-10 Ein Neuer Status Quaestionis
Authors: Rordorf Willy
Published: June 2008

Seit dem letzten Status quaestionis über die Forschung zu diesen Didache-Kapiteln,1 den ich im Zusammenhang mit meiner Vorbereitung der Didache-Ausgabe in den Sources Chretiennes2 schrieb, sind 20 Jahre verflossen. Im Blick auf die Neuauflage ist es an der Zeit, die inzwischen erschienene Literatur aufzuarbeiten und kritisch darzustellen. Der besseren Uebersichtlichkeit halber werde ich nicht strikt chronologisch vorgehen, sondern die Materie in zwei Kapitel einteilen, wobei es dann allerdings unvermeidlich ist, dass die eine oder andere Arbeit an verschiedenen Stellen auftaucht. Zuerst werde ich ein textkritisches Problem erwähnen, das mit der alten koptischen Uebersetzung der Didache zusammenhängt und aus dem in letzter Zeit weitreichende Folgerungen gezogen worden sind; anschliessend muss ich-wie könnte es anders sein?-eingehend auf die alte und wohl kaum je ganz zu lösende Streitfrage zurückkommen, ob es sich in den Mahlgebeten von Didache 9-10 lediglich um eine rituelle Mahlfeier handelt oder ob wir darin eine etwas besondere Form der Eucharistie zu sehen haben, oder ob Didache 9-10 eher Anlass gibt zur Annahme, dass die beiden, Mahlfeier und Eucharistie, als aufeinander folgend anzusehen sind.
L'Obscurcissement Du Soleil En Plein Jour. Quelques Réflexions Des Pères Commentateurs De La Septante Des Prophètes
Authors: Brottier Laurence
Published: June 2008

Plusieurs péricopes du Dodekapropheton (Am 8, 9;J1 2, 10; 3, 4 (2, 31); 4 (3), 15; Za 14, 5-7) annoncent l'obscurcissement du soleil en plein jour. Ces textes énigmatiques ont stimulé l'activité herméneutique des Pères grecs. On voit apparaître ces versets à travers la littérature patristique dans des genres littéraires fort différents, des catéchèses à la correspondance, de l'apologétique à l'homélie de circonstance. La présente étude prend en compte, outre des exégèses ponctuelles, les commentaires continus des Antiochiens et de Cyrille d'Alexandrie ainsi que les scholies inédites d'Hésychius de Jérusalem. Les versets en question sont éclairés soit par le Nouveau Testament qui permet de voir en eux une annonce des bouleversements liés à la Passion du Christ, soit par une réflexion psychologique qui les considère comme l'expression des plus extrêmes bouleversements de l'âme humaine.
Note Critique Sur Le Codex Parisinus Graec. B.N. 1555 a. La Pseudo-Histoire Ecclésiastique De Basile De Césarée Et Les Quaestiones Attribuées à Grégoire De Nazianze
Authors: Pouderon Bernard
Published: June 2008

Le codex Parisinus Graecus B.N. 1555 A est un codex de papier de 10 + 194 folios, écrit en minuscule mêlées de quelques onciales sur deux colonnes de 29 lignes; il est généralement daté des XIIIe-XIVe siècles. Il a été décrit par H. Omont dans son Inventaire sommaire des manuscrits grecs de la Bibliothèque nationale, t. 2, Paris, 1888, pp. 93-94; sa description peut être complétée par celle de G. Hansen dans son édition de Théodore le Lecteur: Theodoros Anagnostes Kirchengeschichte, Berlin, 1971, pp. XXV-XXVI.1 Son contenu, très hétérogène, est soigneusement décrit par H. Omont; nous ne reviendrons pas sur son relevé. Mais, au sein de cette collection disparate, quelques feuillets ont attiré notre attention. En effet, du folio 167v au folio 178v, on trouve les fragments ou l'épitomè d'une "Histoire ecclésiastique" attribuée à saint Basile.
L'Antoine D'Athanase à Propos Des Chapitres 83-88 De La Vita
Authors: Frazier Françoise
Published: June 2008

Dans la composition complexe de la Vie d'Antoine, les chapitres 83-88, eux-mêmes riches et complexes, occupent une place très particulière, comme suspendus entre la fin du récit de la vie et le début du récit de la mort d'Antoine. Cette étude s'efforce de montrer par une analyse détaillée comment ils fixent l'image d'Antoine voulue par Athanase, en reprenant, modulant ou amplifiant les thèmes déjà développés autour des deux grands axes de l'arétè et de l'ôpheleia du personnage. La vie d'Antoine, c'est d'abord une aventure spirituelle, qui réalise les promesses du Christ et manifeste une puissance divine sans cesse glorifiée dans le texte. Relais qui doit donner ce qu'il a reçu, Antoine est lui-même un "don" de Dieu aux hommes: ses parénèses tout au long de l'oeuvre ont déjà esquissé la figure du maître d'ascèse enseignant ce qu'il a appris des Écritures, à mille lieues des intellectuels du didascalée; il devient ici le "médecin de l'Égypte" qui rappelle aux empereurs comme aux juges la primauté du spirituel sur le temporel. Il est ainsi engagé par Athanase dans ses combats: combat de chrétien contre les forces démoniaques, combat d'évêque contre les ariens. Dans un jeu d'équilibre subtil entre l'humilité qui sied au moine, soumis à Dieu et à ses clercs, et le prestige du Saint, le patriarche d'Alexandrie transforme Antoine en prophète de l'Église annonçant la victoire des orthodoxes et exploite la scène de mort, sur le fond (les legs) comme sur la forme (c'est lui qui reprend la parole) pour renforcer son autorité hiérarchique de l'autorité morale d'Antoine.
Marcion and the Text of the New Testament
Authors: Quispel Gilles
Published: June 2008

Two recent publications drew my attention to a topic upon which I published many years ago, namely, the New Testament text known to Marcion. It is quite remarkable that no comprehensive study of this topic has ever been published. Within the scope of this article, we can do no more than to offer some brief remarks and underscore some points which might otherwise remain unnoticed.
Priscillian and Nicolaitism
Authors: Ferreiro Alberto
Published: June 2008

Priscillian was censured of both doctrinal heresy and sexual immorality by his accusers. On the question of his alleged sexual exploits, this issue merits a closer look than has been previously done by modern researchers. Some scholars believe the conciliar decrees of the Iberian Peninsula regarding relations between men and women are a response, directly and indirectly, to illicit relations in Priscillianist circles.1 It is further argued that these decrees reflect an episcopal attempt to bring women into greater submission to men within and outside of Priscillianist groups.2 There has been, moreover, some discord among some researchers as to whether Priscillian was ever accused of Nicolaitism.3 There are, however, other pressing questions that I will explore in this article that will shed light on these concerns in Priscillian scholarship. Specifically, my agenda is: (a) to identify precisely in the anti-Priscillian literature which writers were responsible for accusing Priscillian and his followers of sexual immorality; (b) In the same vein, to engage any evidence which identifies whether Nicolaitism was ever attributed to Priscillianists; and (c), Lastly, to distinguish between rumor based misinformation about sexual libertarianism as opposed to what was actually decreed officially in conciliar legislation.
Peter and the "Two Ways"
Authors: Aldridge Robert E.
Published: June 2008

The literary work known as the Two Ways was an important document for the early Church. A strong and clear statement of basic Judeo-Christian morality, it long served as an instructional source for new believers and was incorporated into later church manuals and ecclesiastical codes (often as part of the Didache). Appearing in Christian use in the first century,1 it was highly esteemed in the early Church and even stood on the threshold of the New Testament-although it later fell into obscurity. There is evidence that the Two Ways was believed by the early Church to have been written by the apostle Peter.
Christian Deification and the Early Testimonia
Authors: Nispel Mark D.
Published: June 2008

In summary, the multiple quotations and discussions of Psalm 82:1, 6-7 in the fathers of the second and third centuries show that the Psalm had a very early use in the life of the church. It was used first and primarily as a proof text for the divinity of Christ. This use of the Psalm dates back at least into the first part of the second century and possibly predates the Gospel of John itself. Its use in the east and west probably points to common ancestor in the very early collections of tetimonia. Secondly, an echo of another debate can be heard in Justin and Irenaeus when they discuss the contrast between the Psalm's "I said, 'You are gods.'" and its "You will die like men." This debate arose because of the primary use of the text. It concerns which people are called gods and in what sense, on the contrary, that some die "like men." It is this debate over the meaning of Psalm 82 that gave impetus to the development of a doctrine of Christian deification. This doctrine was thus carved out of a text used for both Christological and soteriological purposes and led to the very close association of the idea of the incarnation and deification. So Irenaeus was largely producing an cxegetical summary when he produced the catchy phrase that the Lord Jesus Christ "became what we are, that He might bring us to be even what He is himself."43 And with only slight polishing, Athanasius generated a topos for centuries to come when he stated that "He became man, that we might become god."44
Ignatius' "Docetists"
Authors: Goulder Michael D.
Published: June 2008

Of the problems raised by Ignatius' letters, the most intransigent have been three.1 Were all the Asian churches to whom he wrote under pressure to "Judaize", or only Magnesia and Philadelphia? Were all these churches threatened by a "docetic" teaching, or only some, perhaps different from those with Judaizers?2 What precisely did the "docetism" consist of? I offer some reflections on the first two of these questions, and a new form (so far as I know) of a solution to the third: "docetism" is a modern misunderstanding for a form of Ebionism.3
Gnostische Gotteslehren Zum 7. Und 8. Fragment Des Basilides, Zu Valentins 5. Fragment Und Zwei Antiken Kommentaren Zu Diesem Fragment
Authors: Schüngel Paul
Published: June 2008

Basilides (Lebenszeit vermutlich bis ca. 145) und Valentin (ca. 100 bis 160) gelten als die bedeutendsten Schulhäupter der Gnosis. Clemens von Alexandrien zitiert sie gern und meist zusammen; vermutlich weiß er, dass beide im ägyptischen Alexandrien gearbeitet haben. Sie hatten den gleichen Broterwerb, sie waren als "Philosophen" (= freiberufliche Lehrer einer frohmachenden und vernünftigen Lebensführung) öffentlich tätig. Dabei mussten sie sachliche und literarisch-rhetorische Kompetenz beweisen, erst recht mussten sie die rational-wissenschaftlichen Ansprüche erfüllen, die man damals in Alexandria und in Rom, wo Valentin später etwa 20 Jahre lang tätig war, an "Philosophen" stellte.
Foursquare Missions: Doing More With Less
Authors: Amstutz John L.
Published: June 2008

"Around the world with the Foursquare Gospel." With these words Aimee Semple McPherson focused the mission and message of the denomination her ministry spawned. The mission of world evangelization was birthed in the heart of this Canadian woman as a teenager. In 1910 at age 20, she, with her husband Robert Semple, went to China as missionaries. After less than a year of ministry Robert died of malaria and was buried in Hong Kong. Heartbroken, Aimee returned to the U.S., but her vision for world missions remained. God's people must be challenged with a vision for the lost, a vision for reaching those yet unreached. The vision was clear. And the message was equally clear. It was a message about Jesus Christ. This message was dramatically focused for Mrs. McPherson during a citywide evangelistic meeting in Oakland, California in 1922 as she was preaching from Ezekiel 1:10. In the faces of the four living creatures she saw a fourfold picture of Jesus Christ as Savior, Baptizer with the Holy Spirit, Healer and Coming King. This "Foursquare Gospel" was the good news that must be proclaimed around the world1
A "Great Century" of Pentecostal/Charismatic Renewal and Missions
Authors: Pousson Edward Keith
Published: June 2008

Pentecostals and Charismatics make up what is probably the most missionary-minded segment of world Christianity today. What are the dynamics of this century-long movement of both Pentecostal and Charismatic Renewal that have converged to produce a worldwide missionary thrust? And on what grounds can we speak of the twentieth century as a "great century" of Pentecostal/Charismatic missions? These two questions launch and guide our discussion. The following related questions will also be addressed: What kind of missionary movement has emerged from the Charismatic Renewal in particular? How has Pentecostal missions impacted Charismatic missions, and what lessons can Charismatic missions learn from Pentecostal missions? What is the emerging Charismatic contribution to mission theology? The relationship between renewal and missions is the theme that unites this entire article.
The Charismatic Renewal Movement in Ghana
Authors: Omenyo Cephas
Published: June 2008

The wave of Charismatic renewal which is now sweeping across the Christian Church worldwide has asserted itself very strongly in Ghana. Its influence can be felt in almost every region of the country where there are Christians.
Renewal Among Catholics in Poland
Authors: Cupial Dariusz M.
Published: June 2008

In contemporary Polish Christianity there are several strands that have been influenced significantly by the Pentecostal movement of the twentieth century.' Of these, the majority are found among Catholics. Among the many renewal movements that have been born in the womb of the Roman Catholic Church in Poland in the last twenty years, two form part of the worldwide Pentecostal/Charismatic family: the Renewal in the Holy Spirit Movement (Ruch Odnowy w Duchu Swietym) and the Oasis Movement (Ruch Oazowy).
The Pending Maritime Delimitation in the Cameroon v Nigeria Case: A Piece in the Jigsaw Puzzle of the Gulf of Guinea
Authors: Antunes Nuno Sérgio Marques
Published: June 2008

On 29 March 1994, Cameroon seized the International Court of Justice of a dispute against Nigeria. Inter alia, Cameroon requested the Court "to proceed to prolong the course of its maritime boundary with the Federal Republic of Nigeria up to the limit of the maritime zones which international law places under their respective jurisdictions". Considering that its rights and interests might be affected by the Court's decision on this matter, Equatorial Guinea filed an Application for Permission to Intervene in the Cameroon v Nigeria case. By an order of 21 October 1999 the Court granted Equatorial Guinea's request. This article seeks to examine the question of maritime delimitation as it is presented to the Court in the Cameroon v Nigeria case, taking into account the geographical setting that characterises the Gulf of Guinea, an area where the potential maritime entitlements of five states overlap considerably.
Redefining the Legal I Status of the Taiwan Strait
Authors: Keyuan Zou
Published: June 2008

The Taiwan Strait is a critical corridor connecting the East China Sea to the South China Sea. The divided status of China as a result of the civil war in 1949 has made the situation in the Taiwan Strait complicated and uncertain. After the UN Convention on the Law of the Sea (LOS), the legal status of the Taiwan Strait has been changed from a strait embodying high seas waters to a strait only with waters under national jurisdiction of China. The waters within the Strait may be divided into several sea zones in accordance with the LOS Convention, i.e., the internal waters, territorial sea and EEZ/continental shelf. Due to the difference among the sea zones, the navigational waterways within the Taiwan Strait are subject to different legal rules. Thus cross-Strait co-operation between mainland China and Taiwan is necessary to manage the Taiwan Strait and human activities therein.
A Rite of Passage: The IMO Consideration of the Indonesian Archipelagic Sea-Lanes Submission
Authors: Johnson Constance
Published: June 2008

The introduction of a specialised passage regime for archipelagic sea-lanes was one of the most innovative features to the 1982 Law of the Sea Convention. Article 53(9) of the Convention requires an archipelagic state to refer any proposals for the designation or substitution of sea-lanes or the prescription of traffic separation schemes to the "competent international organisation" with a view to their adoption. In May 1996 at the 67th session of the Marine Safety Committee of the International Maritime Organisation (IMO), the Republic of Indonesia submitted a proposal for the adoption of various sea-lanes and air routes through and over its archipelagic waters. This was the first proposal of its kind. This article traces the progress of this proposal through the IMO procedures and draws some conclusions about the wider significance of this new role for the IMO.
International Bycatch Policy: Options for Sea Turtle Conservation
Authors: Bache Sali Jayne
Published: June 2008

This issue of bycatch, or the capture of non-target species, has grown in public profile, as well as both scientific and policy attention, over the last decade. Prominent within this arena has been the take of endangered sea turtles in shrimp trawls. Responses to this concern have concentrated on the use of gear modifications - namely turtle excluder devices, or TEDs - to reduce the take of sea turtles in nets. Though developed nearly 20 years ago, TEDs have not been broadly accepted by industry. This article traces the development and contemplates the efficacy of three legal and policy instruments for addressing the incidental capture of sea turtles in shrimp trawls on an international scale. The first of these is the use of market forces and consumer preference through a turtle-safe shrimp labelling scheme. The second is the policy of the United States to embargo shrimp imports from nations who do not use these devices. The final means is the creation of a negotiated regional agreement on sea turtle conservation including explicit provisions requiring the use of TEDs. In discussing the merits or otherwise of these policy options, a range of issues is considered including each measure's enforceability and its compatibility with provisions of the WTO regime.
ITLOS and the Saga of the Saiga: Peaceful Settlement of a Law of the Sea Dispute
Authors: de La Fayette Louise
Published: June 2008

The Saiga No. 2 case was the first judgment on the merits by the International Tribunal for the Law of the Sea, and the final phase of a dispute with a complicated procedural history, using several of the provisions of Part XV of the LOS Convention. The case raised a number of procedural and evidentiary issues, relating to the presentation of witnesses, the burden of proof and the standard of proof. It clarified the meaning of "genuine link", confirmed the law on hot pursuit, settled the law on use of force in the arrest of foreign vessels, and made clear that coastal states did not enjoy customs jurisdiction in the EEZ, while leaving aside the question of jurisdiction over offshore bunkering. The Tribunal is to be commended for not permitting technical issues to prevent it from doing justice in the case.
The Concept of "Real Interest" and Other Aspects of Co-operation through Regional Fisheries Management Mechanisms
Authors: Molenaar Erik Jaap
Published: June 2008

The concept of "real interest" is incorporated in Article 8(3) of the 1995 Fish Stocks Agreement as a condition that states (parties) must fulfil before they can participate in a regional fisheries management mechanism (RFMM). As the 1995 Agreement does not define the concept, this article examines its possible meaning. A general discussion on the need for, and duties of, co-operation in the conservation and management of transboundary stocks provides the context in which the concept of "real interest" is placed. Arguments justifying the use of the concept of "real interest" as a bar to participation in RFMMs are examined in addition to the concept's potential use in dealing with flag states with bad performance records. Ample attention is given to the practice of states co-operating in existing RFMMs and in negotiation processes aimed at establishing RFMMs, as this will play a decisive role in giving effective meaning to the concept.
The Intergovernmental Oceanographic Commission: An International Organisation for the Promotion of Marine Research
Authors: Ehlers Peter
Published: June 2008

For 40 years the Intergovernmental Oceanographic Commission (IOC) has been the most important international body promoting understanding of ocean processes. Originating from a programme of UNESCO, in 1960 the IOC became a separate unit of UNESCO. The status of the IOC is regulated by Statutes which were substantially revised in 1999. These Statutes define the IOC as a part of UNESCO with functional autonomy limiting the authority of UNESCO bodies to supervise the IOC. This functional autonomy is reflected in the purposes and functions of the IOC, its relations with other international organisations and its own membership regulations. It is also reflected in its organisational structure, which consists of an Assembly, an Executive Council, a Secretariat and subsidiary bodies. The IOC is financed by UNESCO, with additional contributions allocated by Member States. The activities of IOC aim to improve our knowledge of the oceans and are increasingly directed towards the issues of responsible ocean management and sustainable development. The programmes are subdivided into ocean science projects, operational observing systems and ocean services. A special focus is training and education as well as mutual assistance in the field of ocean sciences as a contribution towards capacity building as a prerequisite for worldwide programmes. In performing its tasks the IOC enjoys partial autonomy under international law. However, its functional autonomy is considerably limited by the fact that programme and budget planning has to be approved by UNESCO, and that the funds and the personnel for the Secretariat are primarily provided by UNESCO. On the other hand it benefits from the facilities and opportunities offered from UNESCO so that the integration into this organisation and, simultaneously, the granting of a functional autonomy, constitutes a viable and economic way of promoting international co-operation with a view to improving our knowledge of the oceans.
The Regime of Passage Through the Danish Straits
Authors: Oude Elferink Alex G.
Published: June 2008

The Danish Straits are the main connection between the Baltic Sea and the world oceans. The regime of passage through these straits has been the subject of extensive regulation, raising the question how different applicable instruments interact. Apart from applicable bilateral and multilateral treaties, it is necessary to take into account the practice of Denmark and Sweden and other interested states, and regulatory activities within the framework of the IMO. The Case Concerning Passage Through the Great Belt before the ICJ provides insights into the views of Denmark and Finland. The article concludes that an 1857 treaty excludes the applicability of Part III of the LOS Convention to the straits, and that there are a number of difficulties in assessing the contents of the regime of the straits. At the same time, these uncertainties do not seem to have been a complicating factor for the adoption of measures to regulate shipping traffic.
The Law of the Sea Related Cases in the International Court of Justice during the Presidency of Judge Stephen M. Schwebel (1997-2000)
Authors: Kwiatkowska Barbara
Published: June 2008

This article explores the unique role of the ICJ as the principal judicial organ of the United Nations in the development of the law of the sea as part of the global system of peace and security, during the Presidency of Judge Stephen M. Schwebel (United States) in the busiest triennium in the Court's history (1997-2000). The new style of governance brought by President Schwebel to the Court is appraised against the background of an "intrinsic" authority and paramount functions performed by the ICJ as the world's most senior international court and the only truly universal judicial body of general jurisdiction, as well as that of the continuously inter-active influence of the Court and the International Law Commission. The article surveys the law-of-the-sea-related cases of the Court in the context of an ongoing follow-up to the Overall Review and Appraisal of the UNCED Agenda 21 in the critical areas of environmental protection, international fisheries and navigation, equitable maritime delimitation and territorial questions, and international institutions. The inaugural practice of ITLOS and the awards of the two Arbitral Tribunals, of which President Schwebel was a member, are taken into due account. The article concludes that the Court will undoubtedly continue to further explore its unique role, as importantly reinforced in the triennium 1997-2000, in the years to come.
"Relational Governance" for Marine Pollution Incidents in the Mediterranean: Transformations, Development and Prospects
Authors: Raftopoulos Evangelos
Published: June 2008

The recently launched revision process of the 1976 Emergency Protocol to the Barcelona Convention reveals, at the various stages of the negotiation process, that governance of marine pollution incidents in the Mediterranean can be effective if conceived as relational governance. As such, it refers to the optimisation of international common interest reflected within the over-embracing management of the vessel-source pollution in the Mediterranean where the contextual connections are effectively and efficiently brought together. The new relationol governance domain of the Mediterranean marine pollution incident regime, as emerges from the revision process of the 1976 Emergency Protocol, integrates both operational and accidental pollution and marks a distinct evolution of the Protocol management and accountability system. The latter is effected by an extensive amendment of the existing relational (procedural and substantive) duties, by introducing necessary innovative power-rights and duties, and by implying the general sustainable management and accountability of the amended Barcelona Convention. As the negotiations for the revision of the Protocol continue, the pattern of optimising international common interest in the prospective marine pollution incident regime could be enhanced in three directions: the reinforcement of the accountability of the contracting parties as flag states with respect to the enforcement of the relevant international conventions applied in the Mediterranean Sea, the promotion of port state control system in the Protocol regime, and the appropriate introduction of the jurisdiction of the International Tribunal for the Law of the Sea.
The Role of the Commission on the Limits of the Continental Shelf: A Technical Body in a Political World
Authors: McDorman Ted L.
Published: June 2008

The Commission on the Limits of the Continental Shelf is a body created by the 1982 Law of the Sea Convention. The Commission was established as part of the careful compromises respecting Article 76 and the formula therein for the determination of the outer limits of the continental shelf. The purpose of this contribution is to explore what role the Law of the Sea Convention provides to the Commission when a coastal state seeks to establish the outer limit of the continental shelf under the Convention. The argument of this contribution is that the principal role of the Commission is as a legitimator of the claims of a coastal state and that this is a relatively modest role in what is essentially a boundary-making process that is political.
The HELCOM Copenhagen Declaration: A Regional Environmental Approach for Safer Shipping
Authors: Ehlers Peter , Brusendorff Anne Christine
Published: June 2008

Prevention of pollution from maritime traffic has been a major item for the Baltic Sea States since the beginning of their environmental co-operation in the 1970s. To ensure maritime safety in the Baltic Sea region, which is well-known for its narrow straits, shallow depths and archipelago areas, the Helsinki Commission has decided on a great number of measures during the past 20 years. In the last decade maritime transportation has been growing steadily, reflecting the intensified cooperation in the Baltic Sea region and a prospering economy which also leads to growing environmental risks. This was manifested again on 29 March 2001 with the Baltic Carrier accident. The Helsinki Commission promptly reacted by holding an extraordinary meeting on the request of the Danish Government on 10 September 2001 in Copenhagen. At the meeting, the Contracting Parties, represented through the ministers responsible for maritime transportation and the environment, and a representative from the EC agreed on a package of measures, further described below.
North-East Asian Seas-Conflicts, Accomplishments and the Role of the U n ited States
Authors: Van Dyke Jon M.
Published: June 2008

North-east Asia does not have a formal maritime regime, and has had to deal with its many conflicts in an ad hoc and pragmatic fashion. The region has three significant conflicts over the sovereignty of islands, numerous unresolved maritime boundary disputes, and confrontational military situations in the Korean Peninsula and the Taiwan Strait. Despite these deep differences, the strong-willed countries of this region have been able to work together to reach bilateral agreements regarding the exploitation of resources. Their fishery agreements have been creative and constructive, and zones of shared exploitation and development have been established where appropriate. The countries of the region now need to seek long-term solutions in order to provide a stable maritime regime, and to deal with the serious environmental problems of their ocean areas. The United States has been a de facto member of this region, because of its role in providing a military balance, and might be able to help mediate some of the festering disputes that interfere with the ability of the countries of North-east Asia to work constructively together.
A New Era in Ocean Policy
Authors: Pell Claiborne
Published: June 2008

In this short piece, Senator Pell, veteran of the US Senate Foreign Relations Committee, sets out the multiplicity of interests which would be protected if the US were to accede, in the near future, to the 1982 LOS Convention.
The Law and Politics of the Maritime Boundary Delimitations of the Russian Federation: Part 2
Authors: Elferink Alex G. Oude
Published: June 2008

The maritime zones of the Russian Federation overlap with those of 12 neighbouring states. The practice of the Russian Federation concerning the delimitation of the boundaries of these zones provides an interesting opportunity to analyse the role of international law in the policy of a state in this respect, especially because bilateral negotiations of the Russian Federation have raised complex issues of law and fact. The analysis suggests that international law may influence the policy of a state regarding the delimitation of its maritime zones in different, albeit limited, ways. The role of international law in bilateral negotiations supports the conclusions the case law has reached on the significance of bilateral delimitation treaties for the formation of customary international law. This second part of the article analyses the Russian Federation's delimitations with Norway and the United States and the legal regime of the Caspian Sea, and draws some conclusions on the case of the Russian Federation and the relationship between state practice and international law.
The Federated States Of Micronesia Arrangement for Regional Fisheries Access
Authors: Aqorau Transform , Bergin Anthony
Published: June 2008

The small island states of the South Pacific have been developing innovative legal and administrative mechanisms to manage the vast tuna resource in the exclusive economic zones. These are aimed primarily at controlling and regulating the activities of foreign fishing vessels which account for 90 per cent of the tuna catch taken in the region. The short-term objective of these island states is to control the activities of these foreign fishing vessels. Their long-term goal, however, is to develop their own domestic tuna industries. In 1995, the Federated States of Micronesia Arrangement for Regional Fisheries Access entered into force. This Arrangement establishes a framework for vessels that bring quantifiable economic benefits to be given preferential access to the parties' EEZs. This article reviews the Arrangement and argues that it has the potential to form the basis of a new co-operative relationship between the island states and distant water fishing nations.
Enforcement of High Seas Fisheries Agreements: Observation and Inspection under the Convention on the Conservation of Antarctic Marine Living Resources
Authors: Rayfuse Rosemary
Published: June 2008

Reliance on exclusive flag state jurisdiction has proved ineffective in enforcing high seas fisheries agreements. The 1995 UN Fish Stocks Agreement provides for other methods of enforcement to be developed with regional fisheries organisations and arrangements to enhance and supplement flag state enforcement. One particular method referred to is that of boarding and inspection. Prior to 1995 the Convention on Conservation of Antarctic Marine Living Resources was one of the few agreements providing for establishment of a boarding and inspection scheme. This article examines the development and implementation of the CCAMLR system. It critically appraises the system and provides suggestions for improvement. In doing so, the article attempts to demonstrate the precedential value of the CCAMLR experience to programmes established or under consideration by other high seas fisheries organisations and arrangements
Draft UNESCO Convention on the Protection of the Underwater Cultural I Heritage 1998
Authors: Gaskell Nicholas , Dromgoole Sarah
Published: June 2008

This article considers certain issues relating to the draft UNESCO Convention on the Protection of the Underwater Cultural Heritage 1998. It is not intended to provide a comprehensive analysis of the draft, which is still only a working document, but the aim is (1) to give a very general introduction to the draft Convention; (2) to consider the relationship between the draft Convention and the UN Law of the Sea Convention 1982; (3) to assess the impact that the draft Convention would have on ownership rights in wrecks; (4) to examine whether the draft Convention should exclude warships and other State vessels from its scope; and (5) to analyse the relationship between the draft Convention and the law of salvage.
The OSPAR Convention Comes into Force: Continuity and Progress
Authors: de La Fayette Louise
Published: June 2008

The Ministerial Meeting of the OSPAR Commission held in Sintra on 22-23 July 1998 was a milestone in the protection of the marine environment of the north-east Atlantic, because it was the first meeting of the OSPAR Commission since the coming into force of the 1992 OSPAR Convention, and because Ministers adopted a number of important measures pursuant to the Convention. This article first analyses the provisions of the OSPAR Convention in the light of contemporary and subsequent international environmental law, and then outlines the measures adopted at Sintra, examining their history, their current significance and anticipated future developments.
Jurisdictional Issues for Navies Involved in Enforcing Multilateral Regimes Beyond National Jurisdiction
Authors: Warner Robin
Published: June 2008

The traditional freedoms of the high seas, set out in Article 87 of the 1982 United Nations Law of the Sea Convention, are now overlaid with a network of conventional international law provisions which seek to regulate a wide range of criminal activity, the taking of resources and environmental despoliation occurring on the high seas. Many of these regimes impose enforcement obligations on states parties but contain scant detail as to the practical mechanisms for enforcement. The high seas as an arena for maritime law enforcement presents new challenges for navies charged with implementing co-operative regimes. The development of uniform enforcement procedures and an equitable division of enforcement responsibility among regional navies or regional maritime security forces is essential if high seas regimes are to be implemented effectively. This article identifies some of the jurisdictional issues which can arise for navies or maritime security forces tasked with enforcing multilateral regimes beyond national jurisdiction.
Foreign Naval Intervention in Cases of Piracy: Problems and Strategies
Authors: Menefee Samuel Pyeatt
Published: June 2008

This article considers the problem of contemporary piracy in the 1990s and the use of foreign naval forces against pirates on the high seas and in coastal waters. An analysis of legal considerations suggest that the LOS Convention on the Law of the Sea makes such intervention less likely; this study also highlights potential factors militating for and against such interference. The possibilities of modifying or amending the LOS Convention are discussed, as well as the employment of declarations or statements, or the use of other international strategies to allow foreign naval activity. The article emphasises the key role of coastal and flag states in any such scenario.