Territorial Integrity and Self-Determination : The Approach of the International Court of Justice in the Advisory Opinion on Kosovo

[EN] On 17 February 2008 Kosovo approved its declaration of independence from Serbia. The declaration was raised as a unilateral secession, a category which to date is widely debated by the international community, but supported in that case by a respectable number of the United Nation member states. A great many legal issues have been raised by the International Court of Justice's Advisory Opinion on Kosovo. This opinion was eagerly awaited by legal scholars due to both its possible effects and the scope of its principles outside the context of decolonization in what it could constitute of new approach to the international scenario for the twenty-first century. The ICJ stated that the declaration of independence was in accordance with international law if it was not prohibited. The answer turned on whether or not international law prohibited the declaration of independence, without ever examining whether an entity seeking secession is entitled with a positive right to secede and if so, under which circumstances. The basic issue can be summarised as whether or not we are facing a new course in the interpretation of certain classical categories of international law: the principle of territorial integrity, statehood, sovereignty, recognition, the right to external self-determination, etc. In this study we shall analyse some of the aspects arising from the Advisory Opinion of the International Court of Justice on the Accordance with international law of the unilateral declaration of independence in respect of Kosovo focusing on the territorial issue. Firstly we shall analyse the scope of the principle of territorial integrity of States and how it operates ; secondly, we shall focus on the scope of that principle in relation to the interior of the State, and ask ourselves how international law operates in relation to declarations of independence. Lastly, we shall deal with the principle of respect for territorial integrity in the specific case of Serbia with respect to Kosovo, and then end with a series of general conclusions. This study aims, definitely, to contribute to the theoretical debate on the challenges to the traditional certainties of international law in this area.

Fishing community issues in the Sundarban Tiger Reserve: a case study

The study focuses on fishing community issues in the Sundarban Tiger Reserve (STR). It provides an overview of the legal framework, and design and implementation of fishing regulations, and documents and analyzes the experiences of local fishing communities. It explores ways in which livelihood concerns can be appropriately balanced with conservation. The report builds upon a study titled ‘Traditional Fishers in the Sundarban Tiger Reserve’ (DISHA 2008) and draws upon secondary review of literature and field visits conducted in September 2008. The report is structured in six parts. The first part provides the legal background and the second sketches the status of fisheries and fishing communities. The third part focuses on livelihood issues within the STR, and community concerns regarding implementation of tiger protection measures. Part four explores the initiatives undertaken in the domain of alternative livelihoods. Part five offers a conclusion. The final sixth part, recognizing the initiatives that have been taken to address alternative livelihood options, lists the study's recommendations. (PDF contains 32 pages)

Effects of commercial fishing regulations on stranding rates of bottlenose dolphin (Tursiops truncatus).

Fisheries management actions taken to protect one species can have unintended, and sometimes positive, consequences on other species. For example, regulatory measures to reduce fishing effort in the winter gillnet fishery for spiny dogfish (Squalus acanthias) off North Carolina (NC) also led to decreases in the number of bycaught bottlenose dolphins (Tursiops truncatus). This study found that a marked decrease in fishing effort for spiny dogfish in NC also corresponded with a marked decrease in winter stranding rates of bottlenose dolphins with entanglement lesions (P= 0.002). Furthermore, from 1997 through 2002, there was a significant positive correlation (r2 = 0.79; P= 0.0003) between seasonal bycatch estimates of bottlenose dolphins in gill nets and rates of stranded dolphins with entanglement lesions. With this information, stranding thresholds were developed that would enable the detection of those increases in bycatch in near real-time. This approach is valuable because updated bycatch estimates from observer data usually have a time-lag of two or more years. Threshold values could be used to detect increases in stranding rates, triggering managers immediately to direct observer effort to areas of potentially high bycatch or to institute mitigation measures. Thus, observer coverage and stranding investigations can be used in concert for more effective fishery management.

Proceedings of the Eighteenth International Sea Turtle Symposium, 3-7 March 1998, Mazatlán, Sinaloa, Mexico

For the first time in its history, the International Symposium on Sea Turtle Biology and Conservation migrated to a site outside of the United States. Thus the Eighteenth edition was hosted by the Mazatlán Research Unit of the Instituto de Ciencias del Mar y Limnología of the Mexican National Autonomous University (UNAM) in Mazatlán, Sinaloa (Mexico) where it was held from 3-7, March, 1998. Above all, our symposium is prominent for its dynamism and enthusiasm in bringing together specialists from the world´s sea turtle populations. In an effort to extend this philosophy, and fully aware of how fast the interest in sea turtles has grown, the organizers paid special attention to bring together as many people as possible. With the tremendous efforts of the Travel Committee and coupled with a special interest by the Latin American region´s devotees, we managed to get 653 participants from 43 countries. The number of presentations increased significantly too, reaching a total of 265 papers, ranging from cutting-edge scientific reports based on highly sophisticated methods, to the experiences and successes of community-based and environmental education programs. A priority given by this symposium was the support and encouragement for the construction of "bridges" across cultural and discipline barriers. We found success in achieving a multinational dialogue among interest groups- scientists, resource managers, decision makers, ngo's, private industry. There was a broad representation of the broad interests that stretch across these sectors, yet everyone was able to listen and offer their own best contribution towards the central theme of the Symposium: the conservation of sea turtles and the diversity of marine and coastal environments in which they develop through their complicated and protracted life cycle. Our multidisciplinary approach is highly important at the present, finding ourselves at a cross roads of significant initiatives in the international arena of environmental law, where the conservation of sea turtles has a key role to play. Many, many people worked hard over the previous 12 months, to make the symposium a success. Our sincerest thanks to all of them: Program committee: Laura Sarti (chair), Ana Barragán, Rod Mast, Heather Kalb, Jim Spotilla, Richard Reina, Sheryan Epperly, Anna Bass, Steve Morreale, Milani Chaloupka, Robert Van Dam, Lew Ehrhart, J. Nichols, David Godfrey, Larry Herbst, René Márquez, Jack Musick, Peter Dutton, Patricia Huerta, Arturo Juárez, Debora Garcia, Carlos Suárez, German Ramírez, Raquel Briseño, Alberto Abreu; Registration and Secretary: Jane Provancha (chair), Lupita Polanco; Informatics: Germán Ramírez, Carlos Suárez; Cover art: Blas Nayar; Designs: Germán Ramírez, Raquel Briseño, Alberto Abreu. Auction: Rod Mast; Workshops and special meetings: Selina Heppell; Student prizes: Anders Rhodin; Resolutions committee: Juan Carlos Cantú; Local organizing committee: Raquel Briseño, Jane Abreu; Posters: Daniel Ríos and Jeffrey Semminoff; Travel committee: Karen Eckert (chair), Marydele Donnelly, Brendan Godley, Annette Broderick, Jack Frazier; Student travel: Francisco Silva and J. Nichols; Vendors: Tom McFarland and J. Nichols; Volunteer coordination: Richard Byles; Latin American Reunión: Angeles Cruz Morelos; Nominations committee: Randall Arauz, Colleen Coogan, Laura Sarti, Donna Shaver, Frank Paladino. Once again, Ed Drane worked his usual magic with the Treasury of the Symposium Significant financial contributions were generously provided by government agencies. SEMARNAP (Mexico´s Ministry of Environment, Natural Resources and Fisheries) through its central office, the Mazatlán Regional Fisheries Research Center (CRIP-Mazatlán) and the National Center for Education and Capacity Building for Sustainable Development (CECADESU) contributed to the logistics and covered the costs of auditoria and audiovisual equipment for the Symposium, teachers and their hotels for the Community Development and Environmental Education workshop in the 5th Latin American Sea Turtle Specialists; DIF (Dept of Family Affairs) provided free accomodation and food for the more than 100 participants in the Latin American Reunion. In this Reunion, the British Council-Mexico sponsored the workshop on the Project Cycle. The National Chamber of the Fisheries Industry (CANAINPES) kindly sponsored the Symposium´s coffee breaks. Personnel from the local Navy (Octave Zona Naval) provided invaluable aid in transport and logistics. The Scientific Coordination Office from UNAM (CICUNAM) and the Latin American Biology Network (RELAB) also provided funding. Our most sincere recognition to all of them. In the name of this Symposium´s compilers, I would like to also express our gratitude to Wayne Witzell, Technical Editor for his guidance and insights and to Jack Frazier for his help in translating and correcting the English of contributions from some non-native English speakers. Many thanks to Angel Fiscal and Tere Martin who helped with the typing in the last, last corrections and editions for these Proceedings. To all, from around the world, who generously helped make the 18th Symposium a huge success, shared their experiences and listened to ours, our deepest gratitude! (PDF contains 316 pages)

Education and research international collaboration - a recipe for success!

Podcast interview with Richard French, international coordinator at Jisc.

Residential Docks and Piers: Inventory of laws, regulations, and policies for the New England region

While the homes threatened by erosion and the developer illegally filling in marshlands are the projects that make the headlines, for many state regulatory programs, it’s the residential docks and piers that take up the most time. When is a dock too long? What about crossing extended property lines? And at what point does a creek have too many docks? There are no easy answers to these questions. At the request of the Georgia Coastal Management Program, the National Oceanic and Atmospheric Administration (NOAA) Coastal Services Center published in April 2003 an inventory of residential dock and pier management information for the southeastern U.S. This inventory builds upon that effort and includes five New England states and one municipality: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and the Town of Falmouth, Massachusetts. Federal laws, state laws and regulations, permitting policies, and contact information are presented in a tabular format that is easy to use. (PDF contains 16 pages)

Residential Docks and Piers: Inventory of laws, regulations, and policies for the Southeastern United States

While the homes threatened by erosion and the developer illegally filling in marshlands are the projects that make the headlines, for many state regulatory programs, it’s the residential docks and piers that take up the most time. When is a dock too long? What about crossing extended property lines? And at what point does a creek have too many docks? There are no easy answers to any of the dock and pier related questions. Each state has to craft the laws and policies that are best for its natural resources and its political and legal environment. At the same time, mistakes in judgment can be costly for the organization, the homeowner, and the natural resources. At the request of the Georgia Coastal Management Program, the National Oceanic and Atmospheric Administration (NOAA) Coastal Services Center compiled an inventory of dock information for four states—Georgia, Florida, North Carolina, and South Carolina. Federal laws, state laws and regulations, permitting policies, and contact information are included in a tabular format that is easy to use. (PDF contaions 18 pages)

Knowledge, attitudes and perceptions of management strategies and regulations of the Florida Keys National Marine Sanctuary by commercial fishers, dive operators, and environmental group members: A baseline characterization and 10-year comparison

This research is part of the Socioeconomic Research & Monitoring Program for the Florida Keys National Marine Sanctuary (FKNMS), which was initiated in 1998. In 1995-96, a baseline study on the knowledge, attitudes and perceptions of proposed FKNMS management strategies and regulations of commercial fishers, dive operators and on selected environmental group members was conducted by researchers at the University of Florida and the University of Miami’s Rosenstiel School of Atmospheric and Marine Science (RSMAS). The baseline study was funded by the U.S. Man and the Biosphere Program, and components of the study were published by Florida Sea Grant and in several peer reviewed journals. The study was accepted into the Socioeconomic Research & Monitoring Program at a workshop to design the program in 1998, and workshop participants recommended that the study be replicated every ten years. The 10-year replication was conducted in 2004-05 (commercial fishers) 2006 (dive operators) and 2007 (environmental group members) by the same researchers at RSMAS, while the University of Florida researchers were replaced by Thomas J. Murray & Associates, Inc., which conducted the commercial fishing panels in the FKNMS. The 10-year replication study was funded by NOAA’s Coral Reef Conservation Program. The study not only makes 10-year comparisons in the knowledge, attitudes and perceptions of FKNMS management strategies and regulations, but it also establishes new baselines for future monitoring efforts. Things change, and following the principles of “adaptive management”, management has responded with changes in the management plan strategies and regulations. Some of the management strategies and regulations that were being proposed at the time of the baseline 1995-96 study were changed before the management plan and regulations went into effect in July 1997. This was especially true for the main focus of the study which was the various types of marine zones in the draft and final zoning action plan. Some of the zones proposed were changed significantly and subsequently new zones have been created. This study includes 10-year comparisons of socioeconomic/demographic profiles of each user group; sources and usefulness of information; knowledge of purposes of FKNMS zones; perceived beneficiaries of the FKNMS zones; views on FKNMS processes to develop management strategies and regulations; views on FKNMS zone outcomes; views on FKNMS performance; and general support for FKNMS. In addition to new baseline information on FKNMS zones, new baseline information was developed for spatial use, investment and costs-and-earnings for commercial fishers and dive operators, and views on resource conditions for all three user groups. Statistical tests were done to detect significant changes in both the distribution of responses to questions and changes in mean scores for items replicated over the 10-year period. (PDF has 143 pages.)

Conservation science in NOAA’s National Marine Sanctuaries: description and recent accomplishments

This report describes cases relating to the management of national marine sanctuaries in which certain scientific information was required so managers could make decisions that effectively protected trust resources. The cases presented represent only a fraction of difficult issues that marine sanctuary managers deal with daily. They include, among others, problems related to wildlife disturbance, vessel routing, marine reserve placement, watershed management, oil spill response, and habitat restoration. Scientific approaches to address these problems vary significantly, and include literature surveys, data mining, field studies (monitoring, mapping, observations, and measurement), geospatial and biogeographic analysis, and modeling. In most cases there is also an element of expert consultation and collaboration among multiple partners, agencies with resource protection responsibilities, and other users and stakeholders. The resulting management responses may involve direct intervention (e.g., for spill response or habitat restoration issues), proposal of boundary alternatives for marine sanctuaries or reserves, changes in agency policy or regulations, making recommendations to other agencies with resource protection responsibilities, proposing changes to international or domestic shipping rules, or development of new education or outreach programs. (PDF contains 37 pages.)

Olympic Coast National Marine Sanctuary Area to be Avoided (ATBA) Education and Monitoring Program

The National Marine Sanctuaries Act (16 U.S.C. 1431, as amended) gives the Secretary of Commerce the authority to designate discrete areas of the marine environment as National Marine Sanctuaries and provides the authority to promulgate regulations to provide for the conservation and management of these marine areas. The waters of the Outer Washington Coast were recognized for their high natural resource and human use values and placed on the National Marine Sanctuary Program Site Evaluation List in 1983. In 1988, Congress directed NOAA to designate the Olympic Coast National Marine Sanctuary (Pub. L. 100-627). The Sanctuary, designated in May 1994, worked with the U.S. Coast Guard to request the International Maritime Organization designate an Area to be Avoided (ATBA) on the Olympic Coast. The IMO defines an ATBA as "a routeing measure comprising an area within defined limits in which either navigation is particularly hazardous or it is exceptionally important to avoid casualties and which should be avoided by all ships, or certain classes of ships" (IMO, 1991). This ATBA was adopted in December 1994 by the Maritime Safety Committee of the IMO, “in order to reduce the risk of marine casualty and resulting pollution and damage to the environment of the Olympic Coast National Marine Sanctuary”, (IMO, 1994). The ATBA went into effect in June 1995 and advises operators of vessels carrying petroleum and/or hazardous materials to maintain a 25-mile buffer from the coast. Since that time, Olympic Coast National Marine Sanctuary (OCNMS) has created an education and monitoring program with the goal of ensuring the successful implementation of the ATBA. The Sanctuary enlisted the aid of the U.S. and Canadian coast guards, and the marine industry to educate mariners about the ATBA and to use existing radar data to monitor compliance. Sanctuary monitoring efforts have targeted education on tank vessels observed transiting the ATBA. OCNMS's monitoring efforts allow quantitative evaluation of this voluntary measure. Finally, the tools developed to monitor the ATBA are also used for the more general purpose of monitoring vessel traffic within the Sanctuary. While the Olympic Coast National Marine Sanctuary does not currently regulate vessel traffic, such regulations are within the scope of the Sanctuary’s Final Environmental Impact Statement/Management Plan. Sanctuary staff participate in ongoing maritime and environmental safety initiatives and continually seek opportunities to mitigate risks from marine shipping.(PDF contains 44 pages.)