bluuebunny/crossref_metadata_2025_split huggingface dataset:
"Relational Governance" for Marine Pollution Incidents in the Mediterranean: Transformations, Development and Prospects
Authors: Raftopoulos Evangelos 
Published: June 2008

AbstractThe 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

AbstractThe 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

AbstractPrevention 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

AbstractNorth-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.
The Law and Politics of the Maritime Boundary Delimitations of the Russian Federation: Part 2
Authors: Elferink Alex G. Oude 
Published: June 2008

AbstractThe 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

AbstractThe 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

AbstractReliance 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

AbstractThis 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

AbstractThe 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

AbstractThe 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

AbstractThis 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.
Airports at Sea: International Legal Implications
Authors: Molenaar Erik Jaap 
Published: June 2008

AbstractThe article considers the legal implications of a proposal by the Netherlands Government to build a new airport on an artificial island in the sea. The article concludes that the construction and use of an artificial island remains in principle within a coastal state's authority, with due regard to the rights and duties of other states and the LOS Convention and other rules of international law. Account must be taken of conflicting uses of the sea, for example, navigation, fishing, offshore activities, submarine cables and pipelines, and overflight. Freedom of overflight will be dealt with by the ICAO. With regard to other aspects of air law, such as liability and aviation security, there are no clear indicators of the appropriate course to take. The uniqueness of an airport at sea requires the Netherlands to tread new ground, requiring it to devise new ways for removing possible obstacles.
International Tribunal for the Law of the Sea : 1998 Survey
Authors: Rosenne Shabtai 
Published: June 2008

AbstractThis article continues the annual survey of matters connected with the International Tribunal on the Law of the Sea during the year 1998. It follows on the similar survey published in a previous volume of this journal. It is structured in the same way, dealing in order with the 1998 Meeting of States Parties and relevant matters from the 53rd session of the United Nations General Assembly, and is concluded with an account of the Tribunal's work in 1998.1
The Barents Sea Loophole Agreement: A "Coastal State" Solution to a Straddling Stock Problem
Authors: Churchill Robin R 
Published: June 2008

AbstractIn May 1999 Iceland, Norway and Russia signed an agreement (the "Loophole Agreement") designed to resolve a six-year dispute over unregulated fishing by Icelandic vessels for straddling stocks in an enclave ("the Loophole") of high seas in the central Barents Sea. The Agreement, which gives Iceland fishing rights in the Norwegian and Russian EEZs in return for ceasing fishing in the Loophole, is an example of direct co-operation between coastal and high seas fishing states over the management of straddling fish stocks on the high seas which the 1995 UN Agreement on the Conservation and Management of Straddling Fish Stocks envisages as a possible alternative to management through a regional fisheries organisation. The article explains why the parties have chosen this model rather than utilising the existing regional fisheries organisation or establishing a new regional fisheries arrangement; and compares the Loophole Agreement with arrangements for some other high seas enclaves.
Integrated Coastal Management: The Role of Law and Lawyers
Authors: Coleman Brady , Beckman Robert 
Published: June 2008

AbstractIntegrated coastal management (ICM) programmes are being planned, formulated and implemented in coastal States all over the world. To date, however, ICM has been seen as more in the realm of policy-makers, managers, scientists, coastal resource economists, and others, rather than in the realm of lawyers. This article reveals how law and lawyers should play an absolutely essential role at all stages of the ICM process. Ideally, ICM legal consultants will have a broad range of knowledge and experience in both international legal treaties as well as in certain fundamental national law principles, so that coastal zone policies will be designed and carried out with a critical understanding of the laws and institutions needed for the long-term success of an integrated coastal management programme.
The Problem of the Multiple Letter Canon of the New Testament
Authors: Wall Robert W. 
Published: June 2008

AbstractThe purpose of this essay is to discuss the idea of canon as it guides our study of the New Testament Letter.1 Following the lead of Brevard Childs and James Sanders, it will be argued that the forces which selected and collected two corpora of letters, Pauline and non-Pauline, and then formed them into a single canonical unit, envisage a set of hermeneutical clues which should guide the Church's interpretation of the New Testament letters.2
Theology of the Old Testament- a Jewish View
Authors: Tsevat Matitiahu 
Published: June 2008

AbstractThe formulation of the subject of this lecture may invite criticism. Instead of taking advantage of the exceptional opportunity of this session to expound upon the Jewish view or the view of Judaism, I am going to unpack my own wares. Such a reduction of the subject to the personal would be out of place - thus the criticism. However, in direct contrast to this hypothetical objection, I will go somewhat farther in the announced direction and limit the theme to the formulation "Theology of the Old Testament - the View of One Jew." The reason is simple: there is no Jewish theology of
The Third World of Evangelical Imagination
Authors: Brueggemann Walter 
Published: June 2008

AbstractThe faithful practice of ministry in the church is rooted in the abiding claims of the Gospel. But that faithful practice is also in part shaped by and responsive to the particular social setting of the church. In these comments, I want to reflect on the practice of ministry which is increasingly squeezed between a greedy secularism through which we become brutalized, and reactive religious fearfulness that provides alternative grounds for the same brutalization. (I add as a footnote that a kind of uncommitted religious sensitivity without serious cost does not help us either, but that is not a part of this present discussion.) What is at issue in this squeeze play between greedy secularism and religious fearfulness is the integrity of ministry itself.
God, Creation, Salvation and Modern Science
Authors: Nebelsick Harold P. 
Published: June 2008

AbstractThe purpose of the following paper is to show that, rather than being antithetical to the faith as based on the Old and New Testaments, natural science arose in the West in relationship to and, to a certain extent, as a consequence of the biblical theology that was integral to the Protestant Reformation of the sixteenth century. The biblical understanding, emphasized by the reformers served to promote both a mind-set that was compatible with the development of science and a milieu in which science was enabled to evolve. The thesis is not new. As will be noted in the body of the paper, similar claims have been put forth long since by such persons as Günter Howe, Herbert Butterfield, Reijer Hooykaas and Thomas Torrance. In a real sense the thought of these scholars was anticipated by certain of the ideas propagated by Francis Bacon already at the beginning of the seventeenth century. The revival of interest in the ancient world that was the hallmark of the Renaissance served to resuscitate interest in both the writings of the ancient classical world and in the venerable sources of Christian thought as well. The rediscovery of the doctrines emphasized by the biblical documents that led to the Protestant Reformation eventually served to lead to a reorientation of the Christian mind regarding the created world. A new appreciation of the primacy of the grace of God in the biblical understanding of creation, providence, and salvation brought with it a deeper appreciation of the freedom of God in his relation with the creation, on the one hand, and of the freedom of the world in its creaturely differentiation from the Creator, on the other.
Yhwh and His Messiah: Pauline Exegesis and the Divine Christ
Authors: Capes David B. 
Published: June 2008

AbstractIn Romans 9-11 Paul laments the status of unbelieving Jews and its resultant disjuncture with believing Jews and Gentiles now included in the people of God. He attempts to justify this astonishing, new situation by frequent appeals to God's plan revealed in scripture.1 Pivotal to his discussion is Rom 9:30-10:13 which describes why Israel had not yet attained God's righteousness revealed in Christ.2 Paul's discourse tracks carefully along the path of scriptural exegesis in allusions and comments on the Law (Lev 18:5; Deut 9:4; 30:12-14) and the Prophets (Isa 8:14; 28:16; Joel 3:5). Since it is generally acknowledged that this part of Paul's argument (9:30-10:21) is christocentric3, this article will explore how the apostle "reads" these texts and expands their meaning through christological reflection.4 Specifically, I will investigate Paul's exegetical methods and conclusions in Rom 9:30-10:13 and draw some implications for his understanding of Jesus.
The Cognitive Origins of John's Unitive and Disunitive Christology'
Authors: Anderson Paul N. 
Published: June 2008

AbstractThe most distinctive aspect of John's christology is not that it is the highest in the New Testament, or that it is the lowest; that the Son is one with the Father, or subordinate to the Father; that eschatology is present, or futuristic; that Jesus knows what is going to happen, or that he anguishes in pathos; that the signs are embellished, or that they are existentialized. The most distinctive aspect of John's christology is that both parts of these polarities, and others, are held together in dynamic tension within the Johannine narrative. This is the most salient characteristic of John's christology. Not only has it been the primary source of classic christological debates,2 but it has also been the prevalent interest of most modern historical, literary and theological investigations of the Fourth Gospel.3 A primary strategy for addressing John's christological unity and disunity has been to pose a diachronic history of composition involving the conflation of earlier sources and later editions. In other words, John's perplexities can be addressed by assuming multiple sources, authors and contexts of the material's origins. Such approaches are indeed attractive, as several of John's perplexities are addressed through them. However, because conclusive evidence for such sources is itself in doubt, other attempts to understand the origin of these tensions must be explored. They cannot be ignored or simply harmonized away. The above work (Anderson, 1995) identifies four major sources of John's christological unity and disunity, but this essay is concerned with only one of those. Namely, the degree to which John's christological unity and disunity may be attributed to cognitive factors in the thinking and experience of the evangelist.4
The Ark and Its Making
Authors: Jackson Jared Judd 
Published: June 2008

AbstractIt is a privilege to offer this brief contribution to the memory of the Rev. Professor Markus Barth, whose gracious ways and dedicated scholarship were such a fine witness to the Lord he loved and served. To those who were fortunate to know him his vibrant presence and cheerful spirit is very much alive and with us still. The centrality and theological importance of the Ark as symbol of the presence of Israel's God cannot be disputed, although the date and therefore the purpose of the instructions for making it have been debated for ages. No one disputes that all of these instructions for the tabernacle and its furnishings, and the narrative of their construction, are Priestly writings (P), but the time when they were written is still being discussed. The literary critical view, since Wellhausen, has been that they are post-Exilic; the traditional view, asserted again by Cassuto1 and others, is that they are pre-Exilic. This note does not intend to add another suggestion to that debate, but to study the form of the text for what it may contribute to our understanding of the content.