Part XV Research Articles

Scorpions of the Horn of Africa (Arachnida: Scorpiones). Part XV. Review of the genus Gint Kovařík et al., 2013, with description of three new species from Somaliland (Scorpiones, Buthidae)

We describe herein three new species of Buthidae: Gint amoudensis sp. n., G. gubanensis sp. n., and G. maidensis sp. n. from Somaliland. Additional information is provided on the taxonomy and distribution of other species of the genus Gint, fully complemented with color photos of live and preserved specimens, as well as of their habitat. The hemispermatophores of most Gint species are illustrated and described for the first time. In addition to the analyses of external morphology and hemispermatophores, we also describe the karyotype of four Gint species. The number of chromosomes is different for every one of the analysed species (G. dabakalo 2n=23, G. gaitako 2n=30, G. amoudensis sp. n. 2n=35–36, and G. maidensis sp. n. 2n=34).

Precluding the Applicability of Section 2 of Part XV of the Law of the Sea Convention

ABSTRACTPart XV of the Law of the Sea Convention (LOSC or the Convention) affords priority to section 1 of Part XV over the compulsory procedures entailing binding decisions laid out in section 2. This article examines the jurisprudence that has arisen with respect to Articles 281–283 of section 1 of Part XV. Article 281 allows parties to the Convention by agreement between them to opt out of compulsory and binding dispute resolution. Article 282 is a choice of forum provision that allows parties to prefer binding dispute resolution under the terms of another agreement “or otherwise,” such as by way of optional declarations under the Statute of the International Court. Article 283 requires the parties to a dispute concerning the interpretation or application of the Convention to exchange views regarding the appropriate means of settling that dispute before triggering the compulsory procedures entailing binding decisions of section 2 of Part XV.

Defining Disputes and Characterizing Claims: Subject-Matter Jurisdiction in Law of the Sea Convention Litigation

ABSTRACTThe Law of the Sea Convention (LOSC) is well-known for containing a compulsory dispute settlement system in Part XV, which allows most disputes to be submitted to binding adjudication or arbitration. Yet, the ability to bring a claim under the LOSC is premised upon meeting certain conditions contained in the Convention's compromissory clause. This article examines those requirements relating to jurisdiction ratione materiae or subject-matter jurisdiction under LOSC and how they have been interpreted in the recent jurisprudence of courts and tribunals.

Beyond the Four Corners of the Convention: Expanding the Scope of Jurisdiction of Law of the Sea Tribunals

ABSTRACTIn several recent Awards, Part XV tribunals constituted under the UN Convention on the Law of the Sea have been called upon to decide claims based on rights and obligations that find their source in a treaty, agreement, or otherwise binding instrument other than the Convention itself, or on customary international law. This article considers the extent to which such claims fall properly within the jurisdiction of a Part XV tribunal, either on the basis of the applicable law provision in Article 293(1) of the Convention, or on the basis of provisions of the Convention that make reference to other relevant rights and obligations.

Article 297 of the United Nations Convention on the Law of the Sea and the Scope of Mandatory Jurisdiction

ABSTRACTThis article assesses the scope and content of the automatic exceptions contained in Article 297 of the UN Convention on the Law of the Sea to the compulsory procedures established in Section 2 of Part XV. The Convention's drafting history is examined with a view to determining the validity of the diametrically opposed readings of Article 297(1) endorsed by Annex VII Tribunals in the Southern Bluefin Tuna Award and the Chagos Marine Protected Area (MPA) Award. The interpretation favoured in the Chagos MPA Award—that mandatory jurisdiction is not restricted to the three cases expressly enumerated in Article 297(1)—is consistent with the textual evolution of Part XV. The article situates the approach adopted by the Chagos Tribunal within a wider normative tradition, which holds that adjudicative jurisdiction arises in default of positive textual authorzsation (unless it has been explicitly excluded). It is argued that this approach should be embraced by courts and tribunals when interpreting the Convention's provisions, as it accords with the drafters' aspirations and it serves to strengthen the international Rule of Law.

The Vicissitudes of Dispute Settlement under the Law of the Sea Convention

The South China Sea Arbitration raises important questions about the potential operation of the dispute settlement system enshrined in Part xv of the United Nations Convention on the Law of the Sea (losc). This article explores the scope and different limitations that we are seeing in the interpretation of the losc dispute settlement regime with a particular focus on the South China Sea Arbitration. This examination questions the contours of the losc Part xv dispute settlement regime and its utility in resolving disputes relating to the South China Sea.

Analysis of Advantages and Disadvantages of Forums Prescribed under the UNCLOS and State Practice: Ways Ahead for India

The paper aims to provide advantages and disadvantages of various forums stipulated under the United Nations Convention on Law of the Sea (UNCLOS)1 to settle disputes related to sea. Pursuant to unsuccessful long diplomatic negotiations among the South Asian States, this paper not only helps contexualize the debates the usefulness of dispute settlement forums under the UNCLOS, it also underline the importance of Section 3 of Part XV of the UNCLOS which allows the states to exclude few crucial subject matters viz., maritime delimitation, etc from the jurisdiction of forums stipulated under the UNCLOS. Hence, the study examines the usefulness of Declarations made by the States under the UNCLOS. The study further investigates the state practice on exclusion of subject “maritime delimitation” from compulsory settlement system of UNCLOS.

The South China Sea Arbitration and the Finality of ‘Final’ Awards

On 12 July 2016, the arbitral tribunal constituted under Annex VII of the United Nations (UN) Convention on the Law of the Sea (UNCLOS) issued its award in the South China Sea Arbitration between the Philippines and China. According to Article 11 of Annex VII, the award of the arbitral tribunal shall be ‘final’. The provision reiterates the general statement in Article 296(1) UNCLOS that any decision rendered by a court or tribunal having jurisdiction under part XV, section 2, of UNCLOS shall be ‘final’. In its award, the tribunal decided a number of general questions of the law of the sea, including the meaning of the term ‘rocks’ in and the relationship between UNCLOS and customary international law. This article examines what ‘finality’ of an arbitral award means with regard to decisions on such general questions of law or, in other words, in what way such decisions can be considered ‘final’.

La Unión Europea y los Estados miembros en los procedimientos de arreglo jurisdiccional de controversias de la CNUDM

The European Union is increasing its participation in dispute settlement systems in the new framework of proliferation of international courts and tribunals. Specifically, the rules of the United Nations Convention on the Law of the Sea (UNCLO) on jurisdictional settlement of disputes provided in section 2 of Part XV contains express provisions dealing with the participation of EU which are of interest to the study of the issue. Furthermore, there has been decisive progress of the EU and the Member State’s practice before the International Tribunal for the Law of the Sea (ITLOS). Recently, the advisory proceeding initiated by the Sub-regional Fisheries Commission (SRFC), before ITLOS (case num. 21) highlighted the internal difficulties involved in the appropriate coordination of the EU and the Member State’s participation in proceedings before international tribunals. Additionally, the European Court of Justice has clarified a number of issues concerning the definition of EU position and its representation before international courts and tribunals.

THE CHAGOS MARINE PROTECTED AREA ARBITRATION: EXPANSION OF THE JURISDICTION OF UNCLOS PART XV COURTS AND TRIBUNALS

AbstractThis article shows that the Tribunal in the Chagos Marine Protected Area Arbitration between Mauritius and the United Kingdom has contributed considerably to the creeping expansion of compulsory jurisdiction of courts and tribunals established under Part XV of the United Nations Convention on the Law of the Sea (UNCLOS). The Tribunal has employed three techniques to do so. First, it has read down the jurisdictional precondition to exchange views in Article 283(1) of the UNCLOS; second, it has expanded the limited scope of compulsory subject-matter jurisdiction under section 2 of Part XV by broadening the meaning of the phrase ‘any dispute concerning the interpretation or application of this Convention’ to include incidental, related—and through the backdoor of a balancing exercise—even extraneous disputes; and, third, it has restricted the limitations and exceptions to compulsory jurisdiction in Articles 297 and 298 of the UNCLOS. Few would have predicted in 1982 that a Part XV court or tribunal would—within the context of such a balancing exercise—ever find that a colonial era undertaking created binding legal obligations under international law and that the United Kingdom was obliged to return the Chagos Archipelago to Mauritius when no longer needed for defence purposes. The Tribunal's expansive reading of the jurisdictional provisions in Part XV opens up the possibility of future rulings, albeit incidentally, on issues that have little to do with the law of the sea.

Quality and Safety in Health Care, Part XV: Preventing Infections Associated With Health Care.

Infections that are associated with health care are a major problem that results in many deaths, suffering, and a great deal of extra monetary costs. Fortunately, there is much that can be done to prevent these infections. This article is a brief introduction to prevention of some of the common hospital acquired infections, such as surgical site infection, ventilator-associated pneumonia, central line-associated bloodstream infections, and catheter-associated urinary tract infections.

The South China Sea Arbitration and the Finality of 'Final' Awards

On 12 July 2016 the arbitral tribunal constituted under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS) issued its award In the Mater of the South China Sea Arbitration between the Philippines and China. According to Article 11 of Annex VII the award of the arbitral tribunal shall be “final”. The provision reiterates the general statement in Article 296(1) UNCLOS that any decision rendered by a court of tribunal having compulsory jurisdiction under Part XV, section 2, of UNCLOS shall be “final”. In its award the tribunal decided a number of general questions of the law of the sea, including the meaning of the term “rocks” in Article 121(3) of UNCLOS and the relationship between UNCLOS and customary international law. This paper examines what “finality” of an arbitral award means with regard to decisions on such general questions or, in other words, in what way such decisions can be considered “final”.

A Slight Revenge and a Growing Hope for Mauritius and the Chagossians: The UNCLOS Arbitral Tribunal’s Award of 18 March 2015 on Chagos Marine Protected Area (Mauritius v. United Kingdom)

The recent award of 18 March 2015 puts an end to the arbitration esta- blished under Part XV of the United Nations Convention of the Law of the Sea and its Annex VII, about the creation, by the United Kingdom, of a huge marine protected area around the Chagos islands. The proceedings – initiated by Mauritius- constitute a new page, this time at an international level, of the already very furnished litigation arising from the scandalous detachment of this isolated archipelago from the territory of the former British colony, and the removal of its entire population for defence interests. The award is substantially favourable to Mauritius and unanimously recog- nizes the incompatibility of the marine protected area (MPA) with articles 2(3), 56(2) and 194(4) UNCLOS. Even if it does not directly address the dispute regarding the sovereignty on the islands, it creates some fundamen- tal consequences on the whole issue, by declaring the Lancaster House Un- dertakings legally binding. It also brings an essential enlightenment on the interpretation of the rights and the compulsory dispute settlement mecha- nisms provided by the Montego Bay Convention. This article analyses the award and the reasoning followed by the panel, in connexion with the whole dispute and the law of the sea. It also pretends to demonstrate the important consequences of the decision.

Tips for a physician in getting the right job, part XV: selected interview points.

The interview is usually a major determinant on whether or not a physician job applicant is hired. This article addresses a number of fine points for the interview not previously emphasized in this series of articles. For example, the job candidate needs to be careful that the questions he/she asks are not negative and show respect and sensitivity to the interviewer. Some types of questions should not generally be asked. One technique to get at information is to use neutral open-ended questions. The importance of personal observations is emphasized. However, if the interview does not seem to be going well, the candidate may want to directly address that. The spouse should also ask appropriate questions regarding the community and not reveal information on certain subjects such as how many other offers the job hunter has and any reservations they have regarding the job or the area.

Bifunctionalized allenes. Part XV. Synthesis of 2,5-dihydro-1,2-oxaphospholes by electrophilic cyclization reaction of phosphorylated α-hydroxyallenes.

This paper discusses a reaction of phosphorylated α-hydroxyallenes with protected or unprotected hydroxy groups involving 5-endo-trig cyclizations. Various electrophilic reagents such as sulfuryl chloride, bromine, benzenesulfenyl and benzeneselenenyl chlorides have been applied. The paper describes the reaction of 1-hydroxyalkyl-1,2-dienephosphonates with electrophiles that produces 2-methoxy-2-oxo-2,5-dihydro-1,2-oxaphospholes due to the participation of the phosphonate neighbouring group in the cyclization. On the other hand, (1E)-alk-1-en-1-yl phosphine oxides were prepared as mixtures with 2,5-dihydro-1,2-oxaphosphol-2-ium halides in a ratio of about 1:2 by chemo-, regio, and stereoselective electrophilic addition to the C2-C3-double bond in the allene moiety and subsequent concurrent attack of the external (halide anion) and internal (phosphine oxide group) nucleophiles. The paper proposes a possible mechanism that involves cyclization and additional reactions of the phosphorylated α-hydroxyallenes.

Prior Consultations and Jurisdiction at ITLOS

AbstractWhile the rule of prior exhaustion of negotiations is found in certain treaties as a condition governing the jurisdiction of an international tribunal, it hardly makes its presence felt in general international law, given that its customary nature is doubtful. Although in a number of cases the icj has refused to accept the requirement, it is presently taking this condition governing its own jurisdiction more seriously when it is established through conventional clauses. This contrasts with the doctrine established by a sectorial jurisdiction like the itlos, which has the exchange of views provided for in article 283 unclos. The travaux preparatoires of this Convention show that the exchange of views was introduced with the intention of preventing States from having the surprise of an unexpected application before the itlos. Although it is true that this exchange of views constitutes a laxer compromise than preliminary negotiations, in any case it has to be addressed; otherwise the conditions governing itlos jurisdiction would not have been fulfilled. However, it would seem that neither in the mv “Louisa” or in the Arctic Sunrise cases there had been any serious attempt to exchange views regarding the settlement of the dispute between the two States by negotiations or other peaceful means. In spite of that, itlos limited itself to reiterating that a State Party is not obliged to pursue procedures under Part XV, section 1, of the Convention when it concludes that the possibilities of settlement have been exhausted. As a result, it would seem sufficient that the applicant limits itself to informing the other party to the dispute of its intention to submit a case to judicial settlement. However, taking into account the recent icj jurisprudence, it seems that there should exist, at the very least, a preliminary exchange of views about the most appropriate way to settle the dispute.

A Visual Documentation of Fil-Hispanic Churches Part XV: Parish Church of Loay, and Dimiao, Bohol

A Visual Documentation of Fil-Hispanic Churches Part XV: Parish Church of Loay, and Dimiao, Bohol

The Scarborough Shoal Dispute: An Analysis of the Dispute Resolution Mechanisms under International Law

This comes at a time when the stand-off over the Scarborough Shoal has matured to the status of an international dispute. It involves rivaling claims on points of law or fact between the People’s Republic China (PRC) and the Republic of the Philippines (RP). PRC calls the shoal as Huangyan island while RP refers to it as Bajo de Masinloc or Panatag Shoal as advanced and published in their respective governmental positions, albeit their claims for de facto sovereignty and territory. Employing mainly descriptive, historical, documentary and content analyses techniques, this dwells on (a) the character of Scarborough Shoal in the perspective of international law, (b) the conflicting claims of the PRC and RP with their respective governmental positions, (c) the mechanisms for settlement of an international dispute as provided for by the United Nations Convention on the Law of the Sea (UNCLOS) and (d) whether or not the Philippines can avail of the said remedies and how can the Scarborough Shoal be settled employing international law, rules and principles. The UNCLOS provides for a mechanism in Part XV, for settlement of disputes, ranging from the pacific modes of dispute settlement to resort to compulsory mechanisms entailing binding decisions. It is also provided that sans a choice of procedure, only Arbitration under Annex VII, the Hamburg Tribunal, is available, and this, the Philippines followed when it submitted its notification and statement of claims. Based on the international jurisprudence on related issues, there are rarely a winner and a loser. However, having studied the current situation principally in the light of the UNCLOS III, which favors the position of the Philippines, one is forced to recognize that oceans and their basic rules - droit de la mer- existed before UNCLOS. Certainly, the final settlement of the issues hereinbefore presented will go beyond the confines of UNCLOS.Keywords: Social Sciences, International disputes, Law of the Sea, descriptive design,Philippine-China Relations, UNCLOS, Philippines, Southeast Asia

An Appraisal of UNCLOS Dispute Settlement Mechanisms Vis-a-vis Their Developmental Role in Africa

International dispute settlement is a very consuming exercise in many aspects especially economically and politically. African states have been grappling with the adoption and implementation of multiple international laws some of which is taxing and ambitious. Similarly there have been a series of dispute in the area of the law of the sea which still remains a grey area and untenable in most localities. Fortunately UNCLOS 1982 has attempted to remedy this by insisting on dispute resolution vide peaceful negotiations before resolving to face the Dispute tribunal or the International Court of Justice through very well detailed procedure under its part XV AT Article 284 that avails four main ways of settling a dispute. The first compulsory means is via constituting a conciliation commission that mediates on the matter and drafts a report with no binding force. In the event that settlement is not reached then the disputing parties may approach the ICJ, the International Arbitral tribunal on the Law of the Sea or an Arbitral tribunal as per Annex VII of the Convention. The forums for dispute settlement are to be freely elected by the disputing parties as they will which fosters amicable and unlimited settlement of disputes. How this has impacted on development in Africa shall be discussed in hereafter.

Stereospecific ligands and their complexes. Part XV. Synthesis, characterization and cytotoxicity of novel platinum(IV) complexes with some esters of ethylenediamine-N,,N’N′-di-S,,S-(2,2′’-dibenzyl)acetic acid. Crystal structure of O,,O′’-dipropyl-ethylenediamine--N,,N′’-di-S,,S-(2,2′’-dibenzyl)acetate dihydrochloride

The synthesis of ethylenediamine-N,,N′’-di-S,,S-(2,2′’-dibenzyl)acetic acid (H2-S,,S-eddba) and its ethyl-, propyl-, butyl-esters (R2-S,,S-eddba) are reported here. The esters were used for synthesis of the corresponding platinum(IV) complexes, [PtCl4(R2-S,,S-eddba)]. The compounds were characterized by elemental analysis, infrared, 1H and 13C NMR spectroscopy. The structure of propyl ester of H2-S,,S-eddba was confirmed by single-crystal X-ray analysis. All [PtCl4(R2-S,,S-eddba)] complexes displayed significantly higher in vitro cytotoxicity in comparison to cisplatin.