Issue Of Delimitation Research Articles

The complete chloroplast genome of Zoysia macrostachya (Poaceae): Insights into intraspecific variations and species delimitation of the Zoysia species

The complete chloroplast genome of Zoysia macrostachya Franch. & Sav. isolated in Korea is 135,902 bp long (GC ratio is 38.4%) and has four subregions; 81,546 bp of large single-copy (36.3%) and 12,586 bp of small single-copy (32.7%) regions are separated by 20,885 bp of inverted repeat (44.1%) regions, including 130 genes (83 protein-coding genes, eight rRNAs, and 39 tRNAs). Thirty-nine single nucleotide polymorphisms and 11 insertions and deletion (INDEL) regions were identified from two Z. macrostachya chloroplast genomes, the smallest among other Zoysia species. Phylogenetic trees show that two Z. macrostachya chloroplast genomes are clustered into a single clade. However, we found some incongruency with regard to the phylogenetic position of the Z. macrostachya clade. Our chloroplast genome provides insights into intraspecific variations and species delimitation issues pertaining to the Zoysia species.

ISSUES OF MANAGEMENT OF TECHNOLOGICAL MODERNIZATION OF THE KAZAKHSTAN ECONOMY

Purpose – to analyze the management of technological modernization of the national economy, identify areas for its implementation, current issues of management of technological modernization of the regional economy and consider proposals on the issue.Methodology – the study used the "methodology for calculating the dynamics of production capacity", theoretical and empirical research methods.Originality / value – that the expansion of market relations, recent changes in the system of economic management have had a significant impact on the place and role of regions in the economic system. In this regard, the issues of management of technological modernization of the region's economy, state regulation of their development will undoubtedly become relevant.Findings – the directions, criteria and methods of managing the technological modernization of the economy of the Zhambyl region are investigated and structured. In the technological modernization of enterprises in the region, the organization of technical cooperation between business and government has established itself as one of the options. Given that currently the main economic activity is carried out in the regions, it is important to ensure adequate financial independence to meet the challenges of economic and technological modernization. In this regard, the issues of delimitation of powers between the levels of management of technological modernization of the Zhambyl region, regulation of interbudgetary relations were considered as the main conditions for economic growth in Kazakhstan. The solution of such important issues is directly related to the development of regional economic management.

PROBLEMS OF DELIMITATION OF POWERS AND RESPONSIBILITIES OF THE SUPERVISORY BOARD AND THE EXECUTIVE BODY OF THE BANK

The article is devoted to the study of the issue of delimitation of powers and areas of responsibility between the supervisory board and the executive body of the Bank. There is a contradiction between the rules regarding the realization of the supervisory board management and control over bank’s management in Ukrainian legislation, management and control (supervisory) functions of the supervisory board are insufficiently differentiated, which complicates application of law and understanding the legal status of the supervisory board. In this regard, it is extremely difficult to define the responsibilities and powers of the members of the supervisory board and members of executive board in the bank, as well as to separate the responsibilities and powers of the members of the supervisory board from the responsibilities and powers of the executive board members. Law does not fully define the limits of the powers of the supervisory board and the executive board in the bank. This is due to the lack of an exhaustive list of issues on which decision-making falls within the competence of the supervisory board, and the unregulated legal status of the supervisory board. The legislator distinguishes between such concepts as "competence" and "exclusive competence" of the supervisory board. If law provides the issues related to the "exclusive competence" of the supervisory board, law does not define the list of issues related to the "competence" of the supervisory board. However, the members of the supervisory board and the executive board of the bank are responsible for the activities of the bank within their powers. Given the above, it is impossible to establish the scope of responsibility of members of the supervisory board and to differentiate the responsibilities of members of supervisory board and members of the executive board. The reason for this is the combination of the functions of the supervisory board according to the American model (when the supervisory board and the executive body are united in one body — the board of directors) and the German model (separately the supervisory board and the executive body). Despite the fact that Ukraine has chosen a two-tier corporate governance structure, which is widely used in Germany, the way to apply this structure is different. Under Ukrainian law, the supervisory board, like the executive body, is responsible for the management of the joint-stock company, which is more typical of the powers of the board of directors according to the American model. The article proposes to develop and define in the law the boundary between current management and strategic management, between management and control, as well as the legal consequences of the supervisory board’s decisions on operational activities and the procedure for delegation of powers between the bank’s bodies. It is considered correct if the competence of the supervisory board should include only control (supervisory) functions and the responsibility of the members of the supervisory board should be limited exclusively to the control over the work of the executive board.

Greco-Serbian Treaty of 1867 and the role of Russian diplomacy

The Greco-Serbian Treaty of 1867 is the second attempt to create a military coalition of Christian states in the Balkans, aimed at fighting a common enemy ‒ the Ottoman Empire. The agreement reflected the irredentist policy of the two states in solving the Eastern question, the purpose of which was to expel the Turks from the European continent and prevent the seizure of the Balkan territories by the Great Powers.Russia closely followed and moreover, actively influenced the negotiation process, which revealed a serious conflict of interests around the issue of border delimitation in Macedonia.The study highlights three key issues. The first concerns Russia's position on the provisions of the Greco-Serbian Treaty affecting Russian interests. The second has to do with the details of the negotiation process related to the future territorial division of the European territories of the Ottoman Empire and in particular Macedonia and the Bulgarian population living in the northern part of this territory. The third is devoted to the examination of the intermediary role of Russian diplomats.

Urban administration and sustainable development: terms of reference

The article is devoted to the feasibility of city administrations and modern urban sustainable development through a comprehensive review of the theoretical and legal framework. Nowadays, it is important to study the effectiveness of city administrations, which is heterogeneous in its structure, given its special place in the general system of competence of local self-government. Accordingly, problems arise not only in determining the structure of competence of city administrations, but also in setting its limits. Determining the limits of the competence of city administrations is the most important element that affects the consolidation of the general competence of municipal authorities and its redistribution among municipal entities, including the population of the urban district. The paper investigates not only the ambiguous and disordered content, but also the scope of competence of city district administrations. Based on the analysis of theoretical studies, provisions of regulatory legal acts that establish the powers of city administrations, their practical activities, some ways to address the issue of delimitation of competence of city administrations at the horizontal and vertical levels are proposed.

Law Enforcement over Fishery Activities in Contested EEZs

The Exclusive Economic Zone (EEZ) was introduced with the adoption of the United Nations Convention on the Law of the Sea. In the vast waters extending from the baselines to 200 nautical miles, the Convention allows coastal States to enjoy sovereign rights over―fishing resources but has created delimitation issues with neighboring States. Law enforcement is vital to maintain fishery order for sustainable utilization of resources in EEZs, even in the contested maritime zones. Therefore, in this paper, the mechanism of law enforcement in the complicated contested maritime zone is described, taking the Japan-China Fisheries Agreement as an example of a possible practical solution.

Freedom of movement in the light of the case law of the ECtHR: issues of applicability and identification of restrictions

The article is devoted to the right to freedom of movement, which is guaranteed by Article 2 of the Protocol 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms. It is noted that freedom of movement includes 3 aspects: freedom of movement, freedom to choose residence and the right to leave any e country freely, including one's own. The structure of Article 2 of Protocol No. 4 and its features in comparison with the structures of other articles of the Convention are described. It is emphasized that freedom of movement, while a fundamental freedom, is not absolute and may be restricted under the conditions set out in Article 2 of the Protocol. Emphasis is made on the differences between "restrictions" on freedom of movement and "interference" in the rights guaranteed by other articles of the Convention. In considering the applicability of Article 2 of Protocol No. 4 to the Convention on the basis of an analysis of the case law of the ECtHR, the issue of delimitation of the scope of Article 2 of Protocol No. 4 and other articles of the Convention, in particular Article 5 (right to liberty and security) and Article 8 (right to respect for private and family life) of the Convention is revealed. It is emphasized that the difference between deprivation of liberty under Article 5 § 1 of the Convention and restriction on freedom of movement under Article 2 of Protocol No. 4 is one of degree or intensity, and not one of nature or substance of the restriction.The interrelation between the Article 8 of the Convention and P4-2 are underlined while it emphasized that Article 8 should be construed as conferring a right to live in a particular location, thus freedom to choose one’s residence is not covered by its scope, but is at the heart of Article 2 § 1 of Protocol No. 4. Using a number of ECtHR judgments, it has been demonstrated that the legal relationship covered by Article 2 of Protocol No. 4 to the Convention may arise in cases pending before administrative, civil jurisdictions and criminal proceedings. Examples of specific judgements of the ECtHR demonstrate cases of "restrictions" on freedom of movement, which is of practical importance for the relevant application of this article in national jurisprudence. Key words: freedom of movement, Article of Protocol No. 4, ECtHR case-law, applicability, restriction, scope, freedom to choose his residence, right to leave any country.

Implementation of Registration Actions as Manifestation of the Legal Form of Public Administration

The issue of carrying out registration actions as a manifestation of the legal form of public administration at the present stage of development of national practice has been analyzed. The level of scientific developments in this area has been clarified and the lack of a unified approach to determining the implementation of registration actions in the context of the realization of legal forms by public administration entities has been emphasized, which leads to difficulties in law-enforcement. It has been concluded that the implementation of registration actions as a manifestation of the legal form of public administration involves official recognition of a certain fact by the state certifying that has legal consequences, and / or in order to ensure the exercise of certain rights by individuals. It has been found out that the result of these actions is the act – the expression of the will of the subject of public administration (decision) or registration actions. It has been substantiated that legal and preventive control is carried out during registration actions, where the subject of public administration has the right to check the scope of legal personality and their behavior of the subjects who applied for registration actions.
 The implementation of registration actions in the context of providing administrative services with different content and public legal nature has been studied. The issues of the nature of legal relations formed during the implementation of registration actions between the recipients of relevant administrative services and public administration entities have been studied.
 The author has emphasized problematic issues of delimitation of jurisdictions during the resolution of disputes by courts, which arise during the provision of administrative services for the implementation of registration actions. It has been concluded that relations arising during the implementation of registration actions between the subjects of public administration from the point of view of legal protection of the recipient of the relevant administrative service, may be of private or public legal nature.

Features of civil law nature of legal assistance agreement

Problem setting. Today, the conclusion of a legal assistance agreement is directly regulated by the Law of Ukraine “On the Bar and Legal Practice”. But for effective and lawful implementation the parties should also be guided by the provisions of the Civil Code of Ukraine. Therefore, it is necessary and relevant to determine which provisions of the Civil Code of Ukraine fall under this agreement and the relations arising from its conclusion. Target research. The aim of the work is to analyze the provisions of civil law on the differences between work and services, to determine which category of contracts is a legal assistance agreement and which rules of the Civil Code of Ukraine regulate advocacy and this agreement. Analysis of recent research and publication. The issue of delimitation of works and services is debatable among scientists. In particular, such authors as Gnatiuk G.I, Barinov N.O., Shablova O.G., Pushkin O.A., Ponomarenko O.M., Voronyak A.S., Braginsky M.I., Luts V.V. paid attention to this question. The works of such authors as Gavrilyuk M.O., Sviatotska V.I., Tubelets O.K., Rafilska I.S., Yanovska O.G., Biryukova A.M. are devoted to the question of research of features of legal regulation and realization of advocacy activity in Ukraine. Article’s main body. The article is devoted to the legal characteristics and features of the legal assistance agreement, the discussion issues regarding the regulation of these relations by acts of civil law are considered. In addition, the article analyzes the legal content of such phenomena as work and services and the main differences between the service agreement and the work contract to determine the category of relations of the legal assistance agreement. Conclusions and prospect of development. Thus, the characteristics of the legal structure of the agreement between the lawyer and the client are important for the protection of the interests of both parties. Also, having studied all the features of this agreement and various reasoned opinions of scientists on this issue, we can say that advocacy is multifaceted and can take many forms and types, but the legal analysis of these actions still includes it to services.

CERTAIN ASPECTS OF CONSIDERATION AND RESOLUTION OF LABOR DISPUTES IN CIVIL JUDICIAL CLAIMS

The article is devoted to the study of certain aspects of consideration and resolution of cases arising from labor relations, in civil proceedings.
 The article considers the doctrinal provisions for defining the concept of labor disputes, their classification by subject composition and the nature of differences between its parties (the subject of the labor dispute). Based on the application of the appropriate classification, the problematic issues of delimitation of the jurisdiction of bodies that are endowed with the competence to consider and resolve labor disputes and determine the court's procedure for proceedings in cases arising from labor relations.
 It was found that in accordance with the provisions of the current civil procedural legislation of Ukraine, cases arising from labor relations are subject to consideration under simplified procedures of civil proceedings – in the order of injunctive proceedings and simplified claim proceedings. In the context of this, scientific views on the classification of cases arising from labor relations to insignificant cases are considered and the expediency of enshrining in the CPC of Ukraine a general rule of determining the court procedure for consideration of the case by the criterion - the price of the claim for disputes arising from labor relations, and are characterized by a material component (property equivalent).
 The peculiarities of cases in disputes arising from labor relations, as an independent category of cases to be considered in civil proceedings, in particular: the specific subject composition of the participants in the trial; the list of labor disputes that are subject to direct consideration in court (Article 232 of the Labor Code of Ukraine) and an alternative way of resolving disputes by labor dispute commissions (Article 221 of the Labor Code of Ukraine) are defined by law; special deadlines for appealing to the court to resolve labor disputes.
 Some issues related to the implementation of the principles of civil justice - adversarial and proportionality in the consideration and resolution of relevant cases in a simplified claim procedure.
 Based on the results of the study, conclusions were drawn.

Damage to Public Legal Institutions as a Category of Financial Law

The article is devoted to the problems associated with the changes made to the draft of the new version of the Budget Code of the Russian Federation concerning the assessment of the severity of violations of the budget legislation for the purpose of administrative or criminal liability measures. The article deals with the issues of improving the conceptual apparatus, including the term “damage to public legal institutions”. The comparative analysis of categories “harm”, “loss” and “damage” is carried out. An attempt is made to define the concept of “damage to public legal institutions” as a category of financial (budget) law. The issues of delimitation of violations of the budget legislation from the shortcomings in the activities of public authorities and local selfgovernment, leading to inefficient use of budgetary funds. It is concluded that it is necessary to include in the new edition of the Budget Code such categories as “violations and shortcomings associated with the use of budgetary funds”, “inefficient use of budgetary funds”, “damage to public legal institutions”, as well as the development of a special method of calculating the damage to public legal institutions.

ПРАКТИЧНІ ПРОБЛЕМИ РОЗМЕЖУВАННЯ АДМІНІСТРАТИВНОЇ ТА ГОСПОДАРСЬКОЇ ЮРИСДИКЦІЙ НА ОСНОВІ КРИТЕРІЇВ НАЛЕЖНОСТІ ПУБЛІЧНО-ПРАВОВИХ СПОРІВ

The article is devoted to the issue of theoretical and practical problems of inconsistency of criteria in determining the jurisdictions of administrative and commercial courts. Article 124 of the Constitution of Ukraine emphasizes that the jurisdiction of courts extends to any legal dispute. According to Article 18 of the Law of Ukraine "On the Judiciary and the Status of Judges", courts specialize in civil, criminal, commercial, administrative cases, as well as cases of administrative offenses. The adoption and entry into force of the Code of Ukraine on Administrative Procedure in 2005 became especially relevant in resolving the issue of jurisdiction of cases involving the subject of power, and hence the separation of civil, commercial, in some cases even criminal from administrative jurisdictions has become problematic in some cases. In addition, judicial reforms, which have been and continue to be an attempt to bring the judiciary into line with European standards, have amended the Constitution of Ukraine, as well as various pieces of procedural law. Today, there are problems with a single approach to determining administrative jurisdiction. Such ambiguous issues can further lead to violations of constitutional human rights, such as the right to a fair trial within a reasonable time by an independent and impartial tribunal established by law. After all, in practice there are often cases when judges refuse to initiate proceedings on the grounds that a particular dispute belongs to the jurisdiction of another court or cases where several judges are hearing homogeneous cases, which will indicate the imperfection of the law and the need for more accurate regulation of legislative norms. Despite the different approaches to the theoretical analysis of this issue and the diversity of opinions, the only thing that remains is that the problems of delimitation of jurisdictions lead to human rights violations, and therefore there is an urgent need to improve legislation. It should be noted that the issue of delimitation of cases between administrative and commercial courts in determining the rules of jurisdiction of cases repeatedly arises when appealing the decisions of the Antimonopoly Committee of Ukraine. The topic of delimitation of jurisdictions in resolving public law disputes is extremely relevant and important, because the wrong delimitation of jurisdictions can and does lead to violations. There are quite significant problems of delimitation of jurisdictions based on the criteria specified in both the the Code of Ukraine on Administrative Procedure and the Code of Civil Procedure of Ukraine, because they do not correspond to each other and do not agree with each other. Since such criteria are not decisive in distinguishing disputes, this is a practical problem not only for participants in public disputes, but also for judges. Such uncertainty leads to a violation of convention rights, including the right to judicial protection. After all, each part of the judicial system must be defined and effectively conduct proceedings within a particular court.That is why it determines the actual study of this issue.

ИСТОРИЯ ВОПРОСА О КИТАЙСКОРОССИЙСКОЙ ГРАНИЦЕ И ЗНАЧЕНИЕ ЕГО РЕШЕНИЯ ДЛЯ УКРЕПЛЕНИЯ МЕЖГОСУДАРСТВЕННЫХ ОТНОШЕНИЙ РОССИИ И КИТАЯ

This article examines the historical importance in the settlement of border issues and identifies the main difficulties of the process of solving problems related to the SinoRussian border. The article emphasizes that since the formation of the modern national state, borders have become an important part of the sovereignty and territorial integrity of the state, and during the formation of modern states, the process of establishing a border between the two countries has almost always been accompanied by controversy, even large-scale wars or the threat of war. The formation of the russian-chinese border also took place in similar conditions. The author traces in detail the history of RussianChinese relations in terms of resolving border problems, comments on the main stages of China-Russian negotiations on border delimitation issues, characterizes the main border agreements concluded between China and Russia (Nerchinsky, Kyakhtinsky, Aigong and Beijing), assessing the difficulties in signing agreements from the positions of the Chinese and Russian sides. The article justifies the importance in the settlement of the China-Russian border issue: the creation of new conditions for cooperation in many specific areas, such as economic and trade exchanges, environmental protection, rational use of resources, shipping and the joint fight against crime in the border areas; improving the external situation and maintaining national security in the both countries. The article concludes that today Russia and China as a whole have reached a settlement of border issues, which made it possible to create conditions for long-term relations of strategic partnership and mutually beneficial cooperation

Examination of the Overlapping Claims of Turkey and the Greek Cypriot Administration of Southern Cyprus on the Maritime Areas to the West of the Island of Cyprus

The recent rise in tensions in the region regarding the hydrocarbons issue in the Eastern Mediterranean has two particular implications for the Republic of Turkey. One is related to the ‘Cyprus issue’ itself, and the other concerns the maritime areas to the west of the longitude 32° 16’ 18”. In the present paper, the focus is placed on the conflicting claims of Turkey and the Greek Cypriot Administration of Southern Cyprus over the maritime area off the southern Anatolian coast limited in the east by 32° 16’ 18” E longitude and in the south by the median line between the coasts of Turkey and Egypt. While getting to the root of the disagreement by referring back to the discussions at the Third UN Conference on the Law of the Sea on the relevant articles of the 1982 Convention, this paper addresses the issues of entitlement and delimitation by referring to judicial and arbitral decisions, the contemporary approach of the international courts, the studies that examine the state practice and the comments made by scholars thereon.

Phylogenomic species delimitation in microendemic frogs of the Brazilian Atlantic Forest

The advent of next-generation sequencing allows researchers to use large-scale datasets for species delimitation analyses, yet one can envision an inflection point where the added accuracy of including more loci does not offset the increased computational burden. One alternative to including all loci could be to prioritize the analysis of loci for which there is an expectation of high informativeness. Here, we explore the issue of species delimitation and locus selection with montane species from two anuran genera that have been isolated in sky islands across the southern Brazilian Atlantic Forest: Melanophryniscus (Bufonidae) and Brachycephalus (Brachycephalidae). To delimit species, we obtained genetic data using target enrichment of ultraconserved elements from 32 populations (13 for Melanophryniscus and 19 for Brachycephalus), and we were able to create datasets that included over 800 loci with no missing data. We ranked loci according to their number of parsimony-informative sites, and we performed species delimitation analyses using BPP with the most informative 10, 20, 40, 80, 160, 320, and 640 loci. We identified three types of phylogenetic node: nodes with either consistently high or low support regardless of the number of loci or their informativeness and nodes that were initially poorly supported where support became stronger as we included more data. When viewed across all sensitivity analyses, our results suggest that the current species richness in both genera is likely underestimated. In addition, our results show the effects of different sampling strategies on species delimitation using phylogenomic datasets.

Geographical variation in Eurasian red squirrel (Sciurus vulgaris L., 1758) mandibles and the issue of subspecies-level organization: a failure of history?

AbstractSciurus vulgaris is a widespread, highly polytypic tree squirrel species, under which a large number of subspecies have been described. This study tests the robustness of the current subspecific classification by using geometric morphometrics to quantify morphological variation in mandible shape, along with canonical variates analysis to test hypotheses of morphological distinctiveness. Patterns of mandible allometry were examined in eight out of 16 currently recognized subspecies. The significance of the discriminate functions was tested statistically, and the iterative jackknife procedure was applied to evaluate stability of the subspecies-specific discriminant functions. Applying criteria that focus on shape diagnosability, rather than mean group differences, indicates that most regional subspecific groupings show intergradations and continuity in mandible shape and size and that allometric effects on mandible shape are negligible. Evidence of a distinct subspecies confined to the Iberian Peninsula (Sciurus vulgaris infuscatus) and a discrete group originating from an extinct, 19th century population in Dorset, UK were identified based on these mandibular data. All other regional subspecific groupings were not diagnosably different. These results suggest that most red squirrel subspecies might represent non-diagnosable morphological variants whose taxonomic validity seems doubtful. More generally, our results highlight the importance of applying objective, quantitative and reproducible criteria to the issue of subspecies delimitation.

FINANCIAL AND COMMERCIAL ASPECT OF THE TECHNOLOGY TRANSFER PROCESS

This article provides theoretical synthesis and critical analysis of existing scientific approaches to the concept "technology transfer". The author's vision of the nature of this concept is proved. In the framework of clarifying the nature the list of objects of technology transfer is specified and its financial and commercial character is defined. The article highlighted two approaches to technology transfer entity definition. According to the first scientific approach, technology transfer is defined as an innovative, technological, socio-technical process interaction and exchange, transfer and adaptation of knowledge, skills, experience, technology, information, industrial property, machinery and equipment on commercial or non-commercial basis. Another scientific approach to defining the nature of technology transfer is its interpretation as the creation and transmission to the practical organizations or the intellectual property market of scientific and technological achievements, processes of their usage, ideas and concepts, know-how, property rights. The investigation of the nature of technology transfer revealed its basic kind – commercial. Nowadays, in the theory and practice the technology of transfer remains controversial issues of delimitation of concepts such as "technology transfer" and "commercialization of intellectual property". We propose to interpret the concept of "technology transfer" as the process of changing the ownership of the object of technology or its component in a commercial or free form in order to achieve a new better economic or social impact, production or getting different result. The proposed definition allows determining the object and the subject of technology transfer and specifying its purpose as a form of economic activity.According to the results of the study, the most controversial features of technology transfer are defined. They include objects and nature of the transfer. Based on the analysis of basic scientific approaches to determine the objects of transfer, their main types were found, including knowledge, property rights on intellectual property, information on commercial or non-commercial basis.

Municipal boundaries demarcations and ward delimitations—Impact on service delivery

Ward delimitation is a call that demands interrogation. Issues of ward delimitation and their impact on service delivery are critical. While reminiscing the past, good or bad, the study warns the Municipal Demarcation Board, the authority in charge of demarcation and delimitations of municipal boundaries and wards, to delimit wards without inciting conflicts and violence. Employing multicase studies, the study follows empirical analysis drawing examples from local, regional, and international orientations to arrive at scientific conclusions. The Board must not be seen as a springboard for political embattlement but an instrument similar to institutions demanding accountabilities to deepen democracy. This is possible if the Board ceases from delimiting wards in preparations for local government elections.

A taxonomic revision of Schoenus cuspidatus and allies (Cyperaceae, tribe Schoeneae)—Part 1

The first of a two-part taxonomic revision of the morphologically complex Schoenus cuspidatus and allies group is presented. This revision builds on two recent taxonomic works of which the first transferred 24 southern African species from Tetraria and Epischoenus into Schoenus, and the second revised the taxonomy of the Schoenus compar – Schoenus pictus and allies group, as well as described three new species from South Africa. Here, we use data from recent field collections and a review of specimens from 12 herbaria to revise the delimitations and distributions of three species (Schoenus bolusii, Schoenus exilis and Schoenus graminifolius). In addition, we describe seven new species: six of which are endemic to the Cape Floristic Region (Schoenus calceolus, Schoenus crassiculmis, Schoenus submarginalis, Schoenus prophyllus, Schoenus purpurascens and Schoenus quartziticus), while the seventh is endemic to the Eastern Cape and KwaZulu Natal Provinces of South Africa (Schoenus limosus). We also resolve nomenclatural and species delimitation issues in Schoenus auritus and Schoenus ligulatus, with Schoenus autumnalis and Schoenus variabilis being subsumed in an enlarged circumscription of Schoenus ligulatus. Species in the Schoenus cuspidatus group are caespitose, perennial graminoids, with scapose and terete culms. However, there are differences in sheath and ligule type, which can be either firm or membranaceous, as well as leaf type, which vary from channelled and terete to non-channelled and flat. Importantly, differences in spikelet and nutlet shape distinguish many of the species in this group. A taxonomic key is presented, the nomenclature is updated, and detailed descriptions and distribution maps are provided for these 12 Schoenus species.

Spandrels and trait delimitation: No such thing as "architectural constraint".

Forty years ago, Gould and Lewontin used the metaphor of a building's "spandrels" to highlight that organismal traits could be the inevitable consequence of organismal construction, with no alternative configurations possible. Because adaptation by natural selection requires variation, regarding a trait incapable of variation as an adaptation could be a serious error. Gould and Lewontin's exhortation spurred biologists' efforts to investigate biases and limitations in development in their studies of adaptation, a major methodological advance. But in terms of the metaphor itself, over the past 40 years there are virtually no examples of "spandrels" in the primary literature. Moreover, multiple serious confusions in the metaphor have been identified and clarified, for example, that the "spandrels" of San Marco are pendentives, and pendentives are perfect examples of adaptation. I look back over the sparse empirical fruits of the "spandrels" metaphor, and ask what the clarifications of the past 40 years mean for biological theory and practice. I conclude that if there is anything to be rescued from the clarified spandrels metaphor, it is not "constraint" at all. Instead, it is the still-unresolved issue of trait delimitation, which is how to parse organisms into subsets that are tractable and biologically appropriate for study.