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In its fourth edition, Principles of International Environmental Law affirms the consolidation of international environmental law as a central part of the international legal order. Major treaty regimes cover virtually all environmental issues, with new treaties now in place for mercury pollution (2013 Minamata Mercury Convention) and climate change (2015 Paris Agreement). Case law on environmental and natural resource issues continues to grow, and there is considerable evidence that practitioners and judges are engaging more fully with questions regarding science and expert evidence in factually complex and technical disputes. In the period since the third edition, linkages between international environmental law and other areas of international law have deepened and broadened. This is also reflected in policy instruments, such as the 2015 United Nations Sustainable Development Goals, which bring together issues of development, poverty eradication and disaster management with environmental protection in an international sustainable development agenda for the period up to 2030. However, as we noted in the third edition preface, extensive legal development in the field has not satisfactorily addressed the most pressing environmental problems. With the exception of the ozone treaty regime – hailed as a success for its role in reversing ozone depletion – international environmental law has not provided a solution in the key areas of climate change, marine pollution and biodiversity loss. More than ever, the subject of international environmental law is approaching a critical point: can it deliver real protections, or will its impact be merely marginal or cosmetic?
Like the previous editions, this edition is intended to provide a comprehensive overview of those rules of public international law that have as their object the protection of the environment. We have sought to state the law as of March 2017. Necessarily, given the vast breadth of the subject and the level of detail now available on some specific topics (climate change, oceans, trade, biodiversity are leading examples here), the book's account of the subject area cannot be exhaustive. In this edition, we have sought to improve the book's coverage of important areas such as climate change (with a new chapter which incorporates the latest developments under the Paris Agreement), oceans and fisheries, and biodiversity.
Eustimatophytes are yellow-green unicells that occur in freshwater, brackish water, and seawater as well as in the soil. The cells are similar to those in the Xanthophyceae, but differ in having an eyespot outside the chloroplast (Fig. 12.1) (the eyespot in the Xanthophyceae is in the chloroplast) (Hibberd and Leedale, 1970). Other characteristics of the class include a basal swelling of the tinsel flagellum adjacent to the eyespot, only chlorophyll a, chloroplasts without girdle lamellae and no peripheral ring of DNA, and chloroplast endoplasmic reticulum not connected to the nuclear envelope (Schnepf et al., 1996).
The eyespot (Figs. 12.1, 12.2) is a large orangered body at the anterior of the motile cell and is completely independent of the chloroplast. It consists of an irregular group of droplets with no membrane around the whole complex of droplets. The flagellar sheath is extended to form a T-shaped flagellar swelling at the base of the tinsel flagellum (Figs. 12.1, 12.2). This swelling is always closely appressed to the plasmalemma in the region of the eyespot. In turn, in the eyespot there is a large droplet closely applied to the plasmalemma in the area of the flagellar swelling.
The chloroplasts of the Eustigmatophyceae have chlorophyll a and β-carotene, with the two major xanthophylls being violaxanthin and vaucheriaxanthin (Whittle and Casselton, 1969 ; Antia and Cheng, 1982), the only difference in pigments compared to the Xanthophyceae being the presence of violaxanthin and the absence of antheraxanthin. Violaxanthin is the major lightharvesting pigment in the Eustigmatophyceae (Owens et al., 1987).
The Eustigmatophyceae is a monophyletic group (Andersen et al., 1998). Most of the species produce zoospores with only a single emergent flagellum (Pleurochloris magna, Fig. 12.1(d) ; Polyhedriella helvetica, Fig. 12.1(b))(Hibberd and Leedale, 1972), but there is a second basal body present, indicating that the cells had a biflagellate ancestor. The emergent flagellum is tinsel with microtubular hairs, and the flagellum is inserted subapically. Two of the algae in the class, Ellipsoidion acuminatum and Pseudocharaciopsis texensis (Fig. 12.2) (Lee and Bold, 1973), have zoospores with a long forward tinsel flagellum and a short posteriorly directed smooth flagellum.
It is possible to write whole books on the relationships between algae and the environment. In this chapter I have chosen a few subjects that have generated the most interest in the past couple of decades.
Toxic Algae
Algae can be harmful in two basic ways (Hallegraeff et al., 2003 ; Lassus et al., 2016).
(1) Producing large populations in the aquatic environment. Large growths of some algae (e.g., the diatom Chaetoceros (Figs. 17.36, 17.37(a)) or the prymnesiophyte Chrysochromulina (Fig. 23.1(c))) can clog the gills of fish and can be particularly a problem in aquaculture systems. Anoxic conditions, resulting in fish kills, can occur at the end of blooms of other algae (e.g., green algae) as the algae die and decompose.
(2) Production of toxins Some algae produce toxins that sicken and kill other organisms that prey on these algae. Indeed, this probably was the reason that these algae were selected for in the evolutionary process since it reduced predation by grazers (Gilbert, 1996). Filter-feeding shellfish can accumulate large quantities of these toxins as they filter the algae out of the water (Rossini and Hess, 2010). Consumption of the shellfish by man, birds, and animals results in sickness and death. The algae that produce phycotoxins are as follows.
Cyanophyceae (cyanobacteria)
• Neurotoxins anatoxin (Fig. 23.2(c)) and saxitoxin (Fig. 23.2(c)) that block the transmission of signal from neuron to neuron. These alkaloids (nitrogen-containing compounds) bind to voltage-activated Na + - channels and block influx of Na +, thereby preventing the generation of an action potential (Shimizu, 2000).
In Chapter 4, we discussed the basic construction, characteristics, various modes and principle of operation of bipolar junction transistor (BJT) in detail. Subsequently, in Chapter 5, we dealt with biasing techniques of the transistor in an elaborate manner. In addition, we understood the fundamental concept of BJT acting as an amplifier in a qualitative manner. While biasing a transistor our main goal is to fix a proper operating point, also known as Q point, based on the specific applications. This is achieved by proper choice of the bias resistor and DC voltages. Once this Q-point is finalized, we apply the AC signal in the input side of the biased transistor circuit. Thus, complete analysis of an amplifier consists of DC analysis followed by an AC analysis. In this chapter, we will focus on the AC analysis of the BJT circuits in an elaborate manner with special emphasis on design of the BJT-based linear amplifiers. One important ingredient in the AC analysis and design of linear amplifiers is to replace the BJT with proper equivalent circuits. Such replacement of BJTs with equivalent circuits, known as ‘modeling’ of the BJT, is applicable under small signal approximations. This assumes the amplitude of the applied AC signal is small enough to consider that BJT is essentially operated in active region and its characteristics can be approximated by linear relations. Such linear relations between input and output signals of the BJT allow superposition theorem applicable in BJT circuits and we can obtain the total response of the BJT circuit by separately determining the response due to i) DC sources alone (called biasing), and ii) AC sources. Figure 6.1 shows a schematic diagram of an electronic circuit driven by both DC and AC input. While the purpose of the DC input is to ensure that the device operates in the desired region of operation, i.e. bias the device properly, AC input provides the required functionality like amplification, switching, etc. By applying the small-signal models of the device, thereby linearizing their performance, we apply the superposition theorem to obtain the overall response of the circuit by separately obtaining the individual responses due to DC input and AC input, as shown in Figure 6.1.
In preceding chapters, we described how changes in the international operating environment have forced MNEs to simultaneously respond to the strategic need for global efficiency, national responsiveness, and worldwide learning. Implementing such a complex, three-pronged strategic objective would be difficult under any circumstances, but the very act of “going international” multiplies a company's organizational complexity.
Most domestic companies find it difficult enough to balance business units with corporate staff functions, so the thought of adding a geographically oriented management dimension to the organization can be daunting. It implies maintaining a three-way balance of perspectives and capabilities among organizational units responsible for the MNE's businesses, functions, and regions. The difficulty is further increased because the resolution of the inevitable tensions must be accomplished in an organization whose operating units are divided by distance and time, and whose key members are separated by barriers of culture and language.
Beyond Structural Fit
Because the choice of a basic organizational structure has such a powerful influence on the management process in an MNE, much of the attention of managers and researchers alike was historically focused on trying to find which formal structure provided the right “fit” in various conditions. The most widely recognized early study on this issue was Stopford and Wells’ research on the 187 largest US-based MNEs. Their work resulted in a “stages model” of international organization structure that defined two variables to capture the strategic and administrative complexity most companies faced as they expanded abroad: the number of products sold internationally (“foreign product diversity” in Figure 4.1) and the importance of international sales to the company (“foreign sales as a percentage of total sales”). Plotting the structural changes made by the sample companies, they found that these MNEs adopted different organizational structures at different stages of international expansion. This led Stopford and Wells to develop their international structural stages model.
According to this model, in the early stages of foreign expansion, MNEs typically managed their overseas operations by creating a separate international division. Subsequently, those companies that expanded further by entering more countries with a limited range of products typically adopted an area structure (e.g., European region, Asia–Pacific region). Other MNEs that chose to grow overseas by increasing their foreign product diversity in fewer countries tended to adopt a worldwide product division structure (e.g., chemicals division, plastics division).
The Antarctic and the Arctic polar regions are subject to special regional rules of environmental protection, which are discussed in this chapter. These rules reflect the unique physical conditions of these areas and the important role they play in maintaining regional and global environmental conditions. They also provide useful models for the development of international environmental law in other regions and globally. For the Antarctic, the environmental rules have developed in the context of complex legal issues arising from claims made by some states to sovereign rights over Antarctic territory, and the opposing view of most other states that the Antarctic is part of the global commons and not subject to the exclusive jurisdiction of any state. These differences have not prevented the adoption of innovative and potentially far-reaching rules for the protection of the Antarctic environment and its ecosystem. The Arctic region, on the other hand, is subject to the undisputed jurisdiction of certain states, and for the most part environmental protection in that area is based on national environment laws, although these may implement international environmental obligations. In 1991, Arctic states recognised the need for international cooperation to address threats to the Arctic environment and its ecosystem in the knowledge that it too plays an important role in maintaining the global environmental balance. In 1996, they established the Arctic Council, a high-level intergovernmental forum designed to provide a mechanism to address the common concerns and challenges faced by the Arctic governments and the peoples of the Arctic. During the past twenty years, the Arctic Council has focused much of its work on sustainable development and environmental protection, and has provided the forum for the negotiation of two binding agreements among the eight Arctic states on search-and-rescue (2011) and oil pollution preparedness (2013).
The Antarctic
The Antarctic continental region extends over 14 million square kilometres and comprises 26 per cent of the world's wilderness area, representing 90 per cent of all terrestrial ice and 70 per cent of planetary freshwater. The Antarctic also extends to a further 36 million square kilometres of ocean. It has a limited terrestrial life and a highly productive marine ecosystem, comprising a few plants (e.g. microscopic algae, fungi and lichen), marine mammals, fish and hordes of birds adapted to the harsh conditions, as well as the krill, which is central to the marine food chain and upon which other animals are dependent.
Principles of International Environmental Law marks the culmination of that aspect of my professional activities which was triggered by the accident at the Chernobyl nuclear power plant, on 26 April 1986. At that time I was a research fellow at the Research Centre for International Law at Cambridge University, working on international legal aspects of contracts between states and non-state actors, and not involved in environmental issues. With the active support of the Research Centre's Director, Eli Lauterpacht, I began to examine the international legal implications of the Chernobyl accident, which indicated that the legal aspects of international environmental issues were of intellectual and political interest, and still in an early phase of development. This led to several research papers, a book and various matters involving the provision of legal advice on international environmental issues. My interest having been aroused, the implications of environmental issues for public international law provided a rich seam which has sustained me for several years, and resulted in my founding, with James Cameron, what is now the Foundation for International Environmental Law and Development (FIELD). That, in turn, has provided me with the fortunate opportunity to participate in a number of international negotiations, most notably those preparatory to UNCED and the Climate Change Convention, and to develop an international legal practice which is varied, unpredictable, entertaining, often challenging and occasionally frustrating.
This book, together with the accompanying volumes of international documents (Volumes IIA and IIB) and EC documents (Volume III), is intended to provide a comprehensive overview of those rules of public international law which have as their object the protection of the environment. I hope that it will be of some use to lawyer and non-lawyer alike, whether working for government, international organisations, non-governmental organisations and the private sector, or having an academic or other perspective. Its structure and approach reflect my belief that international environmental efforts will remain marginal unless they are addressed in an integrated manner with those international economic endeavours which retain a primary role in international lawmaking and institutional arrangements, and unless the range of actors participating in the development and application of international environmental law continues to expand.
The Rhodophyta (red algae) and Chlorophyta (green algae) form a natural group of algae in that they have chloroplasts surrounded by only the two membranes of the chloroplast envelope. The endosymbiotic theory of chloroplast evolution, first proposed by Mereschkowsky in 1905, is the one most widely accepted for the evolution of the chloroplast (Fig. III.1). According to this theory, a cyanobacterium was taken up by a phagocytic organism into a food vesicle. Normally the cyanobacterium would be digested by the flagellate, but by chance a mutation occurred, with the flagellate being unable to digest the cyanobacterium. This was probably a beneficial mutation because the cyanobacterium, by virtue of its lack of feedback inhibition, secreted considerable amounts of metabolites to the host flagellate. The flagellate in turn gave the cyanobacterium a protected environment, and the composite organism was probably able to live in an ecological niche where there were no photosynthetic organisms (i.e., a slightly acid body of water where free-living cyanobacteria do not grow; see Chapter 2). Pascher (1914) coined terms for this association; he called the endosymbiotic cyanobacteria cyanelles; the host, a cyanome; and the association between the two, a syncyanosis. In the original syncyanosis, the cyanelle had a wall around it. Because the wall slowed the transfer of compounds from the cyanelle to the host and vice versa, any mutation that resulted in a loss of wall would have been beneficial and selected for in evolution. As evolution progressed, these two membranes became the chloroplast envelope, the cyanome cytoplasm took over the formation of the storage product and the polyhedral bodies containing ribulose-1,5-bisphosphate carboxylase/oxygenase differentiated into the pyrenoid.
Most of the genes from the endosymbiotic cyanobacterium were transferred to the host nucleus while a small number of these genes were maintained in the resulting plastid and gave rise to the plastid genome with its associated proteinsynthesizing system. The products of many of the cyanobacterial genes transferred to the nucleus were then retargeted to the plastid to keep it functional. Approximately 3000 nuclear genes in plants encode plastid proteins, whereas the chloroplast genome contains between 100 and 120 genes. The nucleus is also capable of sensing the state of the chloroplast and to react to maintain chloroplast homeostasis.