xinjun zhang

The Kyoto Protocol's clean development mechanism (CDM) 1 is the only " flexible " mechanism under the Kyoto Protocol that directly involves developing countries. The entry into force of the Kyoto Protocol on 16 February 2005 has guaranteed the CDM enormous attention and triggered significant project development activities. The mechanism is based on the creation of tradable emissions permits that are generated through emissions-reducing activities implemented in developing countries. The calculated and certified emissions reductions (CERs) produced by such activities can be transferred to registry accounts of industrialized parties of the Kyoto Protocol and credited towards their binding emissions-reduction targets. The protocol's flexible mechanisms are not limited to participation by state parties—the text of the Kyoto Protocol, as well as the decisions implementing those mechanisms, explicitly mention the participation of private and public legal entities. 2 By involving private entities in these mechanisms, the protocol breaks new ground in international environmental law. Under the framework established by the CDM, private entities acquire emissions rights from owners of emissions mitigating projects in developing countries. In most cases, these rights are used for compliance with nationally set targets in countries with agreed emissions limitation targets under the Kyoto Protocol. Since the rights acquired by entities eventually contribute to the Kyoto Protocol compliance of those countries in whose registries the credits are held, privately authorized 1 Article 12 of the 1998 Kyoto Protocol to the United Nations Framework Convention on Climatic Change, 37 I.L.M. 22 (1998) [Kyoto Protocol]. 2 For joint implementation, see Article 6(3) of the Kyoto Protocol, supra note 1. For the clean development mechanism (CDM), see Article 12(9) of the Kyoto Protocol, supra note 1. For international emission trading, see Decision 18/CP.7, Doc. FCCC/CP/2001/13/Add.2 (2001), and Annex no. 5 on Rules, Modalities and Procedures for Emission Trading under Article 17 of the Kyoto Protocol; and Decision 19/CP.7, Doc. FCCC/CP/2001/13/Add.2 (2001), and Annexes nos. 33 and 48 on Modalities for Accounting of Assigned Amounts under Article 7 paragraph 4 of the Kyoto Protocol.

The Bay of Bengal case is the first maritime delimitation case before the International Tribunal for the Law of the Sea (ITLOS); the judgment is a milestone in the jurisprudence of the Tribunal for it to fulfil its designated role of " interpretation or application of the Convention ". This article summarizes the judgment and makes comments on several issues: jurisdictional issues relating to the change of forum, interpretative issues on " innocent passage " , the " equidis-tance/relevant circumstances " method of delimitation, and finally interpretation of Article 76 of the Convention, with special note on the roles of the Commission on the Limits of the Continental Shelf (CLCS) and the Tribunal in the process.

Regarding warships, customary rules on innocent passage and freedom of navigation codified in the UNCLOS are far from being settled among State Parties. FONOPs impose the US understanding of rules on passage and navigation in each and every sea area, forcefully implementing deregulation in order for the US to create a navy friendly environment for its worldwide mission. By implementing another agenda of carrying out the new US policy of “Pivot to Asia,” the FONOPs in the South China Sea challenge the very heart of China’s sovereignty, and may bring about adverse effect to the process of peaceful settlement of territorial issues and maritime disputes in the South China Sea region.