Dispute settlement under the United Nations Convention On the Law of the Sea and Its Role in Oceans Governance

<p>This thesis is about the dispute settlement provisions of the 1982 United Nations Convention on the Law of the Sea (LOSC or Convention), and the potential and actual role that they play in oceans governance. The study focuses not only on the traditional role of dispute settlement mechanisms in peacefully settling disputes, but also on their potential for contribution to good oceans governance in many ways. The jurisprudence generated so far under the dispute settlement provisions of the LOSC can be called neither a complete success nor a total failure. Part XV of the Convention, dealing with dispute settlement procedures, has made a promising start with the inaugural jurisprudence under the prompt release and provisional measures proceedings. However, besides the general beneficial influence of the jurisprudence on oceans governance, a few detrimental developments have also been identified from the perspective of oceans governance. The present thesis demonstrates that a lot of hope had been pinned on the dispute settlement provisions at the time when the LOSC was drafted. However, most of these hopes have not yet found expression, and if the limited use of dispute settlement procedures continues, it is unlikely that Part XV will fulfil those hopes in the future. Nevertheless, this thesis argues along more optimistic lines, and expresses a realistic hope that the actual role of dispute settlement in oceans governance will improve in the future. The thesis concludes that the success or failure of the dispute settlement mechanisms mostly depends upon their actual use made by states. Further, the dispute settlement mechanisms once invoked must be able to settle disputes objectively on the basis of law, equity and justice and uphold the principles and provisions of the LOSC. It is hoped that states will have recourse to Part XV more often for the purpose of settling their disputes peacefully, and that the dispute settlement provisions will in turn fulfil their mandate. Only then will the world witness the dispute settlement mechanisms playing a real and beneficial role in oceans governance, concurrently with other oceans governance institutions and arrangements.</p>

Dispute settlement under the United Nations Convention On the Law of the Sea and Its Role in Oceans Governance

<p>This thesis is about the dispute settlement provisions of the 1982 United Nations Convention on the Law of the Sea (LOSC or Convention), and the potential and actual role that they play in oceans governance. The study focuses not only on the traditional role of dispute settlement mechanisms in peacefully settling disputes, but also on their potential for contribution to good oceans governance in many ways. The jurisprudence generated so far under the dispute settlement provisions of the LOSC can be called neither a complete success nor a total failure. Part XV of the Convention, dealing with dispute settlement procedures, has made a promising start with the inaugural jurisprudence under the prompt release and provisional measures proceedings. However, besides the general beneficial influence of the jurisprudence on oceans governance, a few detrimental developments have also been identified from the perspective of oceans governance. The present thesis demonstrates that a lot of hope had been pinned on the dispute settlement provisions at the time when the LOSC was drafted. However, most of these hopes have not yet found expression, and if the limited use of dispute settlement procedures continues, it is unlikely that Part XV will fulfil those hopes in the future. Nevertheless, this thesis argues along more optimistic lines, and expresses a realistic hope that the actual role of dispute settlement in oceans governance will improve in the future. The thesis concludes that the success or failure of the dispute settlement mechanisms mostly depends upon their actual use made by states. Further, the dispute settlement mechanisms once invoked must be able to settle disputes objectively on the basis of law, equity and justice and uphold the principles and provisions of the LOSC. It is hoped that states will have recourse to Part XV more often for the purpose of settling their disputes peacefully, and that the dispute settlement provisions will in turn fulfil their mandate. Only then will the world witness the dispute settlement mechanisms playing a real and beneficial role in oceans governance, concurrently with other oceans governance institutions and arrangements.</p>

The Genesis of the Prohibition of Corporal Punishment against Minors and the Consequences of Its Application

<p>To present the purpose and the actual role of the prohibition of corporal punishment against minors in society, the sources, causes and effects of introducing this normative prohibition are analysed, based on the example of the Polish legal system. The sources that sought to adopt the amendment in question are indicated, as well as the entities influencing the enactment of the prohibition in its final version. The situation of entities that will reap benefits from the ban in question and those to suffer losses is also described. The analysis of formal and informal rules relating to the upbringing methods used in the society is aimed at answering the question of whether the prohibition of corporal punishment against minors achieved the goal intended by the legislator or even caused the opposite effect.</p>

Pathogenicity of Phytopythium chamaehyphon: a new player in Kiwifruit Vine Decline Syndrome of Actinidia chinensis var. deliciosa (A. Chev.) A. Chev. ‘Hayward’ in Italy

Kiwifruit Vine Decline Syndrome (KVDS) is a serious soil-borne disease that degrades the fine roots of both Actinidia chinensis var. deliciosa and var. chinensis. The disease seems to be the result of an interaction between several soil-borne pathogens, mostly oomycetes, and waterlogging. This work investigates the pathogenicity of the oomycete Phytopythium chamaehyphon recently isolated from roots of diseased plants. Pathogenicity was tested in 6-month-old and 1-year-old plants that after inoculation were flooded up to three times to induce symptom appearance. Leaf wilting and root rot typical of KVDS was observed in all the plants inoculated with P. chamaehyphon strain KD-15 (PCHA) and in all the positive controls potted in a mix of peat and soils collected in KVDS-affected orchards, while negative controls remained symptomless. Disease development on 6-months-old plants was characterized by unusual degradation of the not-lignified collar, occurring even in absence of flooding. Conversely, on 1-year-old plants, symptoms faithfully reproduced KVDS dynamics observed in orchard. This work confirmed the pathogenicity of P. chamaehyphon and raised new questions about the actual role of waterlogging in KVDS etiology.

The complexities of statistical measurements of new social processes: a system of Downshifting indicators

In the 21st century, new social processes that used to be considered illogical, unusual, and even impossible in the recent past are becoming increasingly widespread. Downshifting implying deliberate rejection of the benefits of modern civilization should undoubtedly be viewed as one of such processes. In various countries and corners of the planet, the scale of the development of downshifting has now acquired such a great magnitude that acting like nothing is happening would be both impossible and wrong. Meanwhile, an unequivocal perception of downshifting as an exclusively favorable or unfavorable process has not yet formed in society. In this context, attempts at measuring and statistically evaluating the various parameters of downshifting draw great interest from the point of science and practice. However, it has to be admitted that statistical science somewhat lags behind the present demands and needs of society since the system of downshifting indicators providing its comprehensive characteristic and allowing for a relatively clear answer to the question of the actual role of such an unusual social process has not yet been developed. In this context, the present article examines the specific characteristics of the quantitative analysis of downshifting, analyses various approaches to creating a downshifting statistics indicator system, and presents the authors’ propositions considering the structure and components of the system of downshifting indicators allowing not only comprehensively demonstrating the scale, structure, distribution, and intensity of this process, but also addressing its socio-economic results and consequences.

α β-Relations and the Actual Meaning of α-Renaming

In this work we provide an alternative, and equivalent, formulation of the concept of λ-theory without introducing the notion of substitution and the sets of all, free and bound variables occurring in a term. We call α β-relations our alternative versions of λ-theories. We also clarify the actual role of α-renaming in the lambda calculus: it expresses a property of extensionality for a certain class of terms. To motivate the necessity of α-renaming, we construct an unusual denotational model of the lambda calculus that validates all structural and beta conditions but not α-renaming. The article also has a survey character.

Inter-religious Studies in Indonesia With Reference to ICRS

This article discusses how inter-religious studies is conducted in Indonesia. A case in point is Indonesian Consortium for Religious Studies (ICRS). As one of the founders, Duta Wacana Christian University (UKDW), has its own contributions for ICRS. The Faculty of Theology that plays the actual role as UKDW’s representation in ICRS has made ICRS a continuation of its existence as theological education. In this article, I will describe the link between theology and inter-religious studies as far as the Faculty of Theology UKDW is concerned. Rather than hindering the progress of inter-religious studies as some might worry, theology is in fact can be a significant part of inter-religious studies.

The Effects of the Autonomic Nervous System on Urogenital Disorders

The possible effect or activity of the autonomic nervous system (ANS) in urogenital disorders is still controversial. Day by day, further studies that have proved the association between chronic urological situations like chronic pelvic pain, premature ejaculation, etc., and autonomic dysfunction have been published. Understanding the actual role of the autonomic nervous system on chronic pelvic disorders will be of interest soon.

The Preoperative Functional Downgrading of Brain AVMs

The actual role of preoperative embolization of brain arteriovenous malformations (AVMs) is undervalued.The present study aims to describe the effectiveness, safety, technics, and results of the endovascular-based functional downgrading of brain AVMs.Data regarding 31 Spetzler-Martin (SM) grade III AVMs that consecutively underwent a combined endovascular-surgical treatment were reviewed. Clinical and radiological outcomes were evaluated according to modified Ranking Scale score (mRS) and postoperative angiography, respectively.Low-density Onyx was used in all cases, and the timeframe between the embolizations was 10–15 days. Procedures were 1.6 (±0.6) on average. Superselective nidal catheterization was essential to reach the deepest parts of the AVMs, which were the targets. Onyx made the nidus compact and easier to dissect. The Average obliteration rate was 29.6%, with negligible morbidity. Surgery was performed after 3.7 days on average and the AVM exclusion was complete in 83.4% of cases. An mRS score between 0 and 2 was reported in 77.5% of patients, while the best outcome was achieved in small and medium-deep malformations.An effective and safe functional downgrading of brain AVMs must be based upon specific technical key aspects, which make surgery easier and, ultimately, allow for the achievement of the best outcome.