International Law of Sea Frameworks

International Law of Sea Frameworks The framework for an international law of the sea should have the authority or force of law and promote collective interest that drives state compliance. The process of authoritative decision flows from three distinct elements—interaction among the maritime states and oceans users; the rights of access, including the rights of access for the international community to oceans space and the rights of coastal states to claim jurisdiction over ocean space; and finally, determinations of decision-makers responding to these competing claims. The unfolding process of authoritative decision for a public order of the oceans is evident in maritime operational and diplomatic theater. In the contemporary era, this drama unfolds within the regimes reflected in the 1982 Convention. The point of departure for the regimes, and corresponding rights and duties in the United Nations Law of the Sea Convention (UNCLOS), is the baseline of the coastal state. This chapter discusses baselines, intern al waters, territorial sea and contiguous zone, international straits, archipelagic waters, the exclusive economic zone, and the regimes and national security. Keywords:  United Nations,  international law,  territorial waters,  national security,  1982 Convention,  UNCLOS Throughout the Cold War, the Soviet Union would come to learn that all states, not just traditional maritime powers, have an interest in unimpeded access to the seas. The progression in Soviet thought was not immediate. Changes in Moscow’s thinking unfolded from the 1950s to the 1970s, as the U.S.S.R. shifted from a green-water coastal defense strategy to a blue-water fleet. By the time the Soviet Union had fully embraced naval power as a key element of its global ideological struggle, the nation was so politically and economically decrepit that it soon would collapse under its own weight. The response of the Soviet Union to the massive advantage in Western naval power was the same as that selected by Imperial Germany to counter the Royal Navy, which was to build a blue-water fleet. All coastal states harbor a desire to constrain or restrict the offshore transit of foreign-flagged commercial and military vessels. Nations are motivated by the struggle for greater security and control in an anarchic world. A land power may try to match a maritime power by constructing a large fleet and becoming a maritime power, or it can choose to respond much more cheaply, albeit perhaps less effectively, by attempting to deny its opponents maritime access near its shores. The search for security leads nations to either build a fleet or construct shore defenses. The dilemma posed by these two polarities illuminates the desire to both exclude other users from the oceans, while at the same time seeking the â€Å"fullest possible access, either for itself or for others on its behalf, to all the inclusive uses of the ocean†¦.†1Furthermore, †¦ [t]he net total of the inclusive uses available for sharing among all states is directly dependent †¦ upon restriction of the exclusive claims to the minimum reasonably necessary to the protection of common interest. If all states asserted and were protected in extravagant, disproportionate, exclusive claims, there would be little, if any, net total of inclusive use for common enjoyment.2 This is where contemporary maritime strategy meets the international law of the sea. Exclusive marine claims assume a zero-sum diplomatic and economic game. This game produces military and political instability, and generates tension that can lead to conflict. While it follows that each state has an interest in preserving the greatest amount of the world’s ocean space for use by the international community, that interest in the global good may be somewhat(p.96)attenuated—overshadowed by the coastal state’s interest in exclusive control over waters adjacent to the shoreline. The resolve of the international community in vindicating the common interest in freedom of the seas is complicated by competing domestic pressures. Marshalling collective action to resist excessive claims, both within governments and among states, therefore is particularly difficult. The final chapter discusses some diplomatic strategies for meeting these challenges. There have been four major multilateral oceans law initiatives: conferences in 1930, 1958, 1960, and 1973-1982. The first of these four conferences occurred during the interwar period. In 1924, a Committee of Experts appointed by the League of Nations was established to consider issues appropriate for codification at a multilateral conference of the peacetime international law of the sea. A preparatory commission developed terms of reference for negotiations in three areas—nationality, state responsibility, and territorial waters.3The Hague Codification Conference of 1930 recommended that the international community adopt the standard of a universal sovereign territorial sea of three miles in width, measured from the low-water mark running along the coast.4At the time, the three-mile territorial sea had widespread acceptance. The State Department reported that Canada, China, Great Britain, India, Japan, The Netherlands, South Africa, Greece, Ireland, and the United States unco nditionally supported the three-mile limit. The efforts of the 1930 conference, however, never led to a draft convention. But the terms of reference for the meeting later were used as a point of departure for the first UN Conference on the Law of the Sea in 1958. The 1930 meeting recognized a zone that may be considered a precursor to the contiguous zone, adjacent to and immediately beyond the territorial sea. In this area, states would exercise â€Å"administrative rights based on the ground of custom or of vital interests.†5States also would enjoy â€Å"rights of jurisdiction necessary for their protection† inside the new zone.6The recognition that coastal states should be able to exercise some measure of limited authority beyond the territorial sea was a function of the perennial search for coastal state safety and security. The 1930 Conference also adopted a functional approach to the right of the coastal state in the territorial sea.7Different rules were applied to different(p.97)activities occurring in the same water space. This liberal or functional view of the oceans would become the most progressive principle of twentieth century oceans governance. The oceans were viewed as a flow resource, and they could be enjoyed by multiple users simultaneously within the context of a model that emphasized sharing and inclusion. The commission produced a Basis of Discussion to serve as the point of departure for a new Law of the Sea conference. The provision on innocent passage, however, only protected the right for merchant vessels rather than all ships. In a major victory for freedom of navigation for warships, however, this shortcoming later would be corrected, and ultimately included in the 1982 Convention.8But first, the United Nations would make two failed attempts at a restatement of the global order of the oceans. UN Conferences I II Uniform rules were needed to provide a formula for standardizing offshore oceans claims and recognizing navigational rules in the areas claimed by coastal states. In 1949, the International Law Commission (ILC) of the UN took up the issue and began work in earnest on drafting a general law of the high seas. On December 6 of the same year, the UN General Assembly asked that the ILC include work on the territorial sea as well. The report of the Commission led to the convening of the First UN Conference on the Law of the Sea in 1958. More than 80 states participated in the conference, which produced four treaties—the Convention on the Territorial Sea and the Contiguous Zone, the High Seas Convention, the Convention on the Limits of the Continental Shelf, and the Convention on Fishing and Conservation of the Living Resources of the High Seas. The instruments from the first UN Conference entered into force between 1962 and 1966, but they failed on several critical and contentious points. First, the breadth of the territorial sea was not resolved. This was a key point, making moot agreement on many other provisions. The extent of the continental shelf was set at the 200-meter isobath, so states that had only a narrow geologic continental shelf walked away dissatisfied. Finally, the thorny question of foreign fishing rights beyond the territorial sea remained unsettled. The importance of the fishing issue cannot be underestated. The commercial fishing sector exercises enormous political clout in many coastal states, and disagreements over foreign-flagged access to offshore fisheries raised the very real prospect of armed conflict. Coastal state sovereignty claims were not standardized, but ranged from between 3

Remote Electronic Voting: A Simple, Safe, and Accurate Voting System Es

Remote Electronic Voting: A Simple, Safe, and Accurate Voting System Does it not seem obvious that the United States should be voting over the Internet by now? Considering all the vitally important monetary and information-related transactions that occur over the Internet every day, one would think this could and would have happened already. However, Remote Electronic Voting, especially on a national scale, presents us with some possibly troubling implications and problems. These implications and problems, especially those concerning security, have prevented the U.S. from employing such Internet voting in a national election so far. Is such a system in our future? Many experts believe so. But as of yet, the risks seem to outweigh the rewards. Before going any farther, it is important to clarify the difference between Internet voting and Remote Electronic Voting. Internet voting already occurs in many places. It refers merely to voting from a computer that is under the control of election officials, usually in a specific precinct’s polling place. On the other hand, Remote Electronic Voting is the new prospect of voting over the Internet from a remote, unsupervised location (Alvarez 4, Rubin). This new prospect has sure advantages but many likely drawbacks as well. The greatest advantage that Remote Electronic Voting could provide would be ease of voting. The weather, waiting in line, and being confused about where one’s polling place is would no longer be issues. Also, Remote Electronic Voting would practically eliminate the need for absentee ballots, which often are not counted. In fact, in the 2000 and 1996 presidential elections, it is estimated that about 40% of oversea... ...r the fairness of the system. It is probably just as crucial that issues concerning the â€Å"Digital Divide† and coercion be resolved as issues concerning security. The last thing the U.S. should want is a simple, safe, accurate, and grossly unfair voting system. WORKS CITED Alvarez, R. Michael, and Thad E. Hall. Point, Click, and Vote: The Future of Internet Voting. Washington, D.C., Brookings Institution Press, 2004. Hardy, Michael. â€Å"Pentagon Nixes Internet Voting, Questions About Security Linger.† 23 February, 2004. Federal Computer Week.com Online Magazine. http://www.fcw.com/fcw/articles/2004/0223/pol-pentagon-02-23-04.asp Rubin, Aviel D. â€Å"Security Considerations for Remote Electronic Voting over the Internet.† Florham Park, NJ, A&T Labs – Research, with Internet Policy Institute e-voting workshop. Online. http://avirubin.com/e-voting.security.html

Epidural Catheterization In Cardiac Surgery Health And Social Care Essay

Introduction: Risk-benefit-ratio rating of extradural haematomas due to catheter arrangement in patients undergoing cardiac surgery is still controversial. The intent of this survey is to update to 2012 the per centum of catheter-related extradural haematoma hazard in cardiac surgery. Methods: Bracco and Hemmerling 2007 hazard appraisal was updated by seeking all reported instances of extradural arrangement for cardiac surgery, in web and in literature, from April 2007 to September 2012. Hazards of other medical and non-medical activities were retrieved from recent reappraisals or national statistic studies. Consequences: Hazard of catheter-related extradural haematoma is 1/5,493, with a 95 % CI of 1/970 to 1/31,114. It is similar to the hazard in the general surgery population of 1/6,628 ( 95 % CI 1/1,170 to 1/37,552 ) . Decisions: Hazard of catheter-related extradural haematoma should be considered acceptable, since it is comparable to the hazard of deceasing in a auto accident, which is a jeopardy widely accepted. Its usage should be encouraged, because extradural improves recovery in patients undergoing cardiac surgery.IntroductionIn cardiac surgery, the extradural anesthesia/analgesia technique has been performed for many old ages [ 1 ] ; however, its usage is frequently limited by the fright of increased hazard of extradural haematoma associated with anticoagulation therapy. The risk-benefit ratio of medical processs needs to be known in order to do the best pick in routinely clinical pattern. In peculiar, it is of import to better look into the hazard benefit-ratio of extradural catheter in cardiac surgery, since it is a controversial and strongly debated pattern. In a recent reappraisal [ 2 ] , Royse showed the benefits and hazards related to high pectoral extradural anaesthesia, and he concludes that & amp ; acirc ; ˆ?epidural usage in cardiac surgery is no more unsafe than in non cardiac surgery & A ; acirc ; ˆA? . Previously, Bracco and Hemmerling estimated hazard of catheter-related extradural haematoma, seeking databases from 1966 to March 2007 [ 3 ] . The deliberate hazard was 1 extradural haematoma out of 12,000 extradural catheterisation reported in literature. The purpose of this survey is to update to 2012 the per centum of catheter-related extradural haematoma hazard in cardiac surgery.MethodMedline, SciSearch Embase, Google and Google Scholar were searched to choose publications showing patients undergoing cardiac surgery who received extradural anesthesia/analgesia. The hunt standards were ( ( ( ( extradural anaesthesia ) OR extradural catheter ) OR locoregional anaesthesia ) OR extradural ) AND ( ( ( ( cardiac surgery ) OR coronary arteria beltway grafting ) OR aortal valve surgery ) OR mitral valve surgery ) . Databases were explored from April 2007 to September 2012. The compiled publication list includes: conference abstracts, randomized control tests, retrospective and prospective surveies, and meta-analysis. The figure of patients undergoing cardiac surgery who received extradural catheterisation was retrieved ; attending was paid to non number patients twice. After that, the entire figure of instances ( denominator ) was calcula ted summing instances from April 2007 to September 2012 with instances from 1966 to March 2007 ; the latters were already included in the appraisal hazard done by Bracco and Hemmerling [ 3 ] . The numerator was calculated adding instances of extradural haematoma after extradural catheterisation in cardiac surgery, occurred from 1966 to 2012. The hazard of catheter-related extradural haematoma was compared with several different hazards, such as: the hazard of catheter-related extradural haematoma in non cardiac surgery, the hazard of chest or prostate malignant neoplastic disease, and the hazard of route traffic hurt. The per centums of hazard used for comparing were extrapolated from big tests, meta-analysis or national statistics studies. As already done by Bracco and Hemmerling, the Wilson method [ 4 ] was used to cipher 95 % reversible assurance interval ( CI ) of a individual proportion. The comparing between 2 proportions was done utilizing the same method [ 5 ] .ConsequenceIn 2012, the hazard of catheter-related extradural haematoma in cardiac surgery is 3 instances out of 16,477 patients, or 1/5,493, with a 95 % CI of 1/970 to 1/31,114. From April 2007 to 2012, around 4,477 patients having merely extradural or extradural plus GA and undergoing cardiac surgery were found. This population besides includes some paediatric patients. Kind of surgery and figure of patients are shown in table 1. We summed our consequences with the one estimated by Bracco and Hemmerling ; hence, the denominator is 16,477 ( 12,000 + 4,477 ) . Merely two instances of catheter-related extradural haematoma are described in literature from April 2007 to 2012. The first one occurred in 2010 and is reported by the UK Medical Protection Society [ 6 ] . A 70-year-old adult female had to undergo alteration surgery after 6 old ages since she received a ternary coronary arteria beltway. The twenty-four hours of surgery extradural catheter was placed without incident, and so GA was induced. The twenty-four hours after surgery, in the forenoon, the patient showed initial neurological symptoms, noticed by a nurse. However, her spinal column was examined through a CT scan merely hours subsequently, after neurological scrutiny revealed an intense motor and centripetal bilaterally block at the T6 degree. A big haematoma in the extradural infinite was clearly seeable ; hence, an exigency laminectomy and emptying of haematoma were performed. This patient remained paraplegic. The 2nd instance of catheter-related extradural haematoma happened in 2011 [ 7 ] . On the twenty-four hours of surgery, after GA initiation an extradural catheter was placed. The patient was a 55-year-old adult male scheduled for mitral valve replacing and tricuspid annulate plasty, who had stopped warfarin 7 yearss earlier surgery. Preoperative blood test revealed a normal curdling profile and normal thrombocyte count. A flaccid paraplegia appeared 16 hours after the terminal of surgery ; at that clip his curdling profile was altered and he had besides thrombocytopenia. An exigency magnetic resonance imagination showed an extradural haematoma at the T5-T6 degree, hence a laminectomy, within 6 hours since symptoms onset, was instantly performed to take the haematoma. This patient had a good overall recovery, and presented merely a little dysuria 6 months after laminectomy. Bracco and Hemmerling identified merely one instance of catheter-related extradural haematoma occurred in 1995 and subsequently reported in 2004 [ 8 ] ; hence, this instance adds up to the 2 antecedently described, so the numerator for the hazard assessment up to 2012 is represented by 3 instances. Several instances of neurological complications happening in patients with an extradural catheter placed for cardiac surgery are described in literature. Arora et Al. reported a instance of pneumocephalus after extradural anaesthesia [ 9 ] . The patient was a 68-year-old hypertensive, diabetic and corpulent male admitted for a coronary arteria beltway surgery ( CABG ) . He had a moderate clogging pneumonic disease, so extradural anaesthesia was proposed, obtaining informed consent. After uneventful extradural catheter interpolation, the trial dosage was administered ( 2ml of 2 % Lidocaine ) . Immediately, the patient reported a terrible concern, and so generalized tonic clonic ictuss developed. The patient gained consciousness 10 proceedingss subsequently, after ictuss were controlled. The magnetic resonance imagination showed air in the basal cisterns and subarachnoid infinites. The patient got a full recovery and underwent surgery 2 yearss subsequently. Writers concluded that the c omplications were due to the puncture of the dura mater. The hazard of catheter-related extradural haematoma in cardiac surgery is comparable to the hazard of extradural haematoma after regional techniques for general surgery [ 10, 11 ] . Volk et Al. estimated an incidence of spinal haematoma of 1: 6,628 in general surgical population, in Germany, from 2008 to 2009. We calculated a comparative hazard decrease of 17 % prefering general surgery ( non important ) . The US mortality for bosom disease ( deaths per population ) [ 12 ] is 10 times higher the hazard of extradural haematoma after extradural anesthesia/analgesia for cardiac surgery. The hazard of catheter-related extradural haematoma in cardiac surgery is 100 times lower than both the incidence of acute nephritic failure after CABG [ 13 ] , and the incidence of sternal lesion infection after CABG [ 14 ] . The hazard of catheter-related extradural haematoma in cardiac surgery is besides a 1,000 times lower than the frequence of ordering mistakes in infirmaries ( errors/admissions ) [ 15 ] . Patients undergoing cardiac surgery with an extradural catheter in topographic point have a hazard to develop an extradural haematoma comparable to the hazard of developing chest malignant neoplastic disease ( women/year ) or prostatic malignant neoplastic disease ( men/year ) [ 16 ] , and to the hazard of deceasing by accident ( deaths/population ) [ 17 ] [ Fig.1 ] .DiscussionKnowing the hazard per centum related to medical processs is really of import in clinical pattern ; it permits to correctly measure the risk-benefit ratio and to explicate patients all is needed, in order to obtain an informed consent before executing processs. Two recent meta-analysis have shown, one time once more, that the usage of epidural over general anaesthesia in patients undergoing cardiac surgery improves recovery by diminishing: the incidence of acute nephritic failure, the incidence of postoperative supraventricular arrhythmias, the clip on mechanical airing and respiratory complications [ 18, 19 ] . Therefore, extradural anaesthesia is an of import intercession in the multimodal scheme that anesthesiologists actuate in order to vouch the best quality attention. Furthermore, wake up cardiac surgery is a new minimally invasive anaesthesia technique, and it is a cherished option for bad patients with terrible COPD ; because avoiding cannulation and mechanical airing is necessary to cut down the hazard of decease [ 20-25 ] . This survey demonstrates that the hazard of catheter related extradural haematoma in cardiac surgery is non zero, but it is a hazard that we consider to be acceptable, since it is comparable to the hazard of deceasing in a auto accident [ 26 ] , which is an jeopardy normally accepted [ Fig. 1 ] . Restrictions of the current hazard analysis are related to our determination of non sing differences among the surveies we used as beginning. Different times of catheter arrangement, different perioperative heparinization protocols and different puncture degrees are non taken into history. The increased hazard, compared to the 2007 appraisal by Bracco and Hemmerling, we believe is due to a lessening in the figure of instances we used to find the denominator, and non to a existent addition in instances of catheter-related extradural haematoma. We used as denominator the figure of patients who received an extradural catheterisation to undergo cardiac surgery. It is our sentiment, that the instances reported in literature in recent old ages are merely a little proportion of the figure of extradural catheter arrangement really performed. Furthermore, the attending paid to epidural-related jobs has increased over clip, and accordingly, the demand to describe incorrect events increased. In literature, instances of self-generated extradural haematoma without an extradural catheter after cardiac surgery are besides described. For case, Hayashi et Al. [ 27 ] reported about a 71-year-old adult females, who underwent mitral valve plasty with CPB. The surgery lasted around 4 hours uneventfully, and she was non antecedently treated with anticoagulant therapy neither with extradural. One hr after surgery, paraplegia was apparent, an extradural haematoma compacting spinal cord at the C7-T4 degree was revealed through magnetic resonance imagination. A conservative attack was chosen because the paraplegia was non progressive. The writers stated that the extradural haematoma etiology was non apparent. The adult female had good overall result. In decision, measuring the risk-benefit ratio of utilizing pectoral extradural anaesthesia in cardiac surgery should be easier, thank to this update hazard appraisal.

Blindly Obeying Authority Essay - 1787 Words

Introduction Individuals often yield to conformity when they are forced to discard their individual freedom in order to benefit the larger group. Despite the fact that it is important to obey the authority, obeying the authority can sometimes be hazardous especially when morals and autonomous thought are suppressed to an extent that the other person is harmed. Obedience usually involves doing what a rule or a person tells you to but negative consequences can result from displaying obedience to authority for example; the people who obeyed the orders of Adolph Hitler ended up killing innocent people during the Holocaust. In the same way, Stanley Milgram noted in his article ‘Perils of Obedience’ of how individuals obeyed authority and†¦show more content†¦Stanley Milgram versus Diana Baumrind In Stanley Milgram’s ‘The Perils of Obedience’, Milgram reports from his studies of how far an individual can go in obedience to instructions and he pointed out that individuals can go as far as causing serious harm to the other people. Basically, the experiments are meant to test the choice that an individual would make when faced with the conflict of choosing between obedience to authority and obedience to one’s conscience. From the tests, it was found out that a number of people would go against their own conscience of choosing between what is wrong and what is right so as to please the individual in authority (Milgram 317). However, the experiments conducted by Milgram caused a wide range of controversy for instance; according to Diana Baumrind, the experiments were immoral. 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