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In Europe, fundamental rights have come to be regulated by an increasing number of legal instruments, such as the European Convention on Human Rights (ECHR), the EU Charter of Fundamental Rights, and international treaties. It is not always easy to understand what requirements are set in these different instruments and how they interrelate. This textbook therefore provides an integrated and systematic overview of the requirements imposed by international and European fundamental rights law. It discusses a range of both civil/political fundamental rights (eg freedom of expression) and social/economic rights (eg right to health), for each of which it is discussed how it is protected by the ECHR, by other Council of Europe instruments, by EU law, and by international treaty instruments. Each chapter is concluded with an integration section, which explains the relations between the different systems of fundamental rights protection and discuss differences, overlap and bottlenecks.
In the international law of the sea, human activities in the ocean are regulated according to multiple jurisdictional zones. Thus, the spatial distribution of jurisdiction of States is the foundation of the law of the sea. Where the jurisdiction of two or more coastal States overlaps, delimitation of the overlapping marine spaces is at issue. This chapter will deal with rules of international law with regard to maritime delimitation, focusing mainly on the following issues: (1) the cardinal principle applicable to maritime delimitations, (2) the three-stage approach and its limitations, (3) relevant circumstances in the law of maritime delimitation, (4) the delimitation of the continental shelf beyond 200 nautical miles, and (5) the role of international courts and tribunals in the development of the law of maritime delimitations.
International peace and security on the oceans are currently faced with a variety of threats. For instance, piracy and armed robbery against ships are serious problems endangering the welfare of seafarers and the security of sea communication. The proliferation of weapons of mass destruction (WMD) through marine transport is a matter of pressing concern. Furthermore, military uses of the oceans raise international tension between interests of the coastal State and interests of the naval State. Thus, this chapter will address the legal issues of maintenance of international peace and security at sea. Principal focus will be on the following issues: (1) the rules applicable to the suppression of piracy and its limitations, (2) the prevention and suppression of maritime terrorism and other unlawful offences at sea, (3) military exercises in the EEZ of a foreign State permissible in the law of the sea, and (4) the significance of nuclear-weapon-free zones.
Ocean governance must be based on a sound scientific understanding of the marine environment. Thus, it may be argued that the freedom of marine scientific research is a prerequisite of ocean governance. However, marine scientific research or other survey activities in the offshore areas may affect economic and security interests of coastal States. In particular, military survey activities in the EEZ of another State have raised highly sensitive issues between surveying and coastal States. Hence, there is a need to achieve a balance between the freedom of marine scientific research and the protection of interests of coastal States. Against that background, this chapter will address particularly the following issues: (1) definition of marine scientific research, (2) reconciliation between the freedom of marine scientific research with the protection of interests of coastal States, (3) hydrographic and military survey activities in the EEZ another State, (4) international cooperation in marine scientific research, and (5) the transfer of technology.
The polymerase chain reaction (PCR) is the subject for Chapter 9. The basic principle is outlined, and the standard end-point PCR technique is described to illustrate how DNA amplification from defined primers is achieved. The design of primers for PCR is detailed, and the effect of redundancy of the genetic code noted when working from amino acid sequence data. The use of thermostable DNA polymerases in enabling automation of the PCR process using thermal cycling is outlined. Many different applications have been developed for the PCR, with variants of the basic protocol becoming more complex and sophisticated. PCR from mRNA templates is described, with other variants, including nested PCR, inverse PCR, quantitative and digital PCR, outlined. The extensive range of PCR variants is listed for comparison, and used to illustrate how the original technique of sequential amplification of DNA has become a key technique for the detection, analysis and quantification of DNA.
Chapter 6 outlines the range of methods used to isolate, purify and analyse nucleic acids. Methods to quantify DNA and RNA, and labelling of nucleic acids using radioactive and fluorographic precursors and a range of enzymatic methods, are described. The use of gel electrophoresis to separate DNA fragments is discussed. The principles of first-generation DNA sequencing are outlined, and the Sanger dideoxy method described for manual and automated methods. Next-generation methods for DNA sequencing are covered, to illustrate the range of advanced techniques that have enabled large-scale genome sequencing to become a routine laboratory procedure that is both rapid and cost-effective. Techniques for massively parallel and single-molecule real-time sequencing are described.
Chapter 2 outlines the history of DNA research and the key scientists who made the discoveries that enabled the manipulation of DNA. The scope, nature and ethos of science and the scientific method are described, with models for the scientific method and support for research. The importance of gathering and evaluating data in experimental science is outlined, and some of the key aspects and terminology are discussed.
By reason of their geography, landlocked and geographically disadvantaged States cannot fully use the oceans and it is thus not surprising that these States have sought to safeguard their special interests. As a consequence, the LOSC provides specific rules with regard to the rights of landlocked and geographically disadvantaged States. As these States are also members of the international community, it is important to secure their right to engage in marine activities. Thus this chapter will address particularly the following issues: (1) the definition of landlocked and geographically disadvantaged States, (2) the right of access to and from the sea and navigational rights, and (3) participation in the exploitation of natural resources and marine scientific research in the EEZ of another State.
Internal waters, the territorial sea, international straits and archipelagic waters are marine spaces under the territorial sovereignty of the coastal State. However, the use of the marine environment for sea communication necessitates the freedom of navigation through those spaces. Consequently, marine spaces under territorial sovereignty are part of the territory of the coastal State and the highway for sea communication at the same time. The dual nature of marine spaces gives rise to the fundamental question of how it is possible to reconcile the territorial sovereignty of the coastal State and the freedom of navigation. With that question as a backdrop, this chapter will examine the following issues in particular: (1) the coastal States jurisdiction over foreign vessels in internal waters, (2) refuge for ships in distress, (3) the right of innocent passage through the territorial sea, (4) the legal regime of international straits, (5) the legal regime of archipelagic waters, and (6) the differences between the right of innocent passage, the right of transit passage and the right of archipelagic sea lane passage.