bluuebunny/crossref_metadata_2025 huggingface dataset:
Thinking Big
Authors: Battin Margaret P. , Francis Leslie P. , Jacobson Jay A. , Smith Charles B.
Published: May 2009

Despite the devastating pandemic of HIV/AIDS that erupted in the early 1980s, despite the failure to eradicate polio and the emergence of resistant forms of tuberculosis that came into focus in the 1990s, and despite newly emerging diseases like SARS in 2003 and the fearsome prospect of human-to-human avian flu, it is nevertheless a time of some excitement over prospects for effective control of much of infectious disease. Funded by national and international governmental and nongovernmental organizations, including the World Health Organization (WHO); private foundations, including the Bill and Melinda Gates Foundation; and even popular entertainers, like Bono, large-scale new efforts are under way to address global killers like AIDS, tuberculosis, and malaria, among others. This “marvelous momentum” can be seen as part of a continuing effort from the time of Jenner on. Extrapolating from this, we “think big” in order to explore the notion of a comprehensive global effort. Five tracks are identified: 1) national and international organizations and the development of collective will; 2) epidemiologic and healthcare infrastructure; 3) scientific development; 4) religious, social, and cultural considerations; 5) legal and social protections for individuals and groups.
ThePatient as Victim and VectorView as Critical and Diagnostic Tool
Authors: Battin Margaret P. , Francis Leslie P. , Jacobson Jay A. , Smith Charles B.
Published: May 2009

This concluding chapter explores the implications of the PVV view in two major areas. First, as a philosophic tool, the PVV view can be used to assess and enhance both theoretical and applied accounts: the examples here are principlist bioethics, as in Principles of Biomedical Ethics by Tom Beauchamp and James Childress; theorizing about capabilities, as in the work of Amartya Sen and Martha Nussbaum; and liberal individualism. Second, the PVV view can be used as a tool in policy analysis: it can show how some historical policies have overemphasized vectorhood and underemphasized victimhood (for example, the isolation of lepers on Molokai, Hawaii; the quarantine of Chinese for plague in San Francisco; and “Typhoid Mary” and “Patient Zero”); others have overemphasized victimhood and underemphasized vectorhood (for example, the critique of the Tuskeegee syphilis experiments and the HPV immunization campaign). In some, the balance is controversial (HIV/AIDS containment in Cuba; isolation of MRSA patients in modern hospitals); and in some, it appears well-balanced (Canada's exit policy for people with active tuberculosis).
3 Development without Abolition
Authors: Johnson David T. , Zimring Franklin E.
Published: May 2009

This chapter traces the development of Japanese death penalty policy in order to arrive at a historically informed understanding of how contemporary policy-makers came to believe that at least one execution should occur each year, and in order to discern why conflict persists around the issue of executions. The first half of the chapter describes and explains key capital punishment developments during four periods of Japanese history: the de facto abolition of the death penalty in premodern Japan; the dramatic decline of executions during the Meiji restoration of the late 19th century; the retention of capital punishment during the American-led occupation of Japan after the Pacific war; and the steady decrease in executions in the first four decades following the occupation. The chapter's fifth section shows that change is ongoing by examining the causes and consequences of the resurgence of capital punishment since the Aum Shinrikyo gas attacks of 1995. The two concluding sections identify lessons from Japanese history and explore alternative futures of the death penalty in Asia's most developed nation.
6 The Other China
Authors: Johnson David T. , Zimring Franklin E.
Published: May 2009

This chapter extends the discussion of the Asian vanguard by summarizing some of the most salient similarities and differences in death penalty policy in Taiwan and South Korea. In general terms, the most important difference between Taiwan and South Korea concerns what each regards as the defining countries of comparison and contrast. For South Korea, how to relate to North Korea and how to reunify the Korean peninsula remain the central questions for the first decades of the 21st century. At the same time, Japan continues to be a key reference point with respect to a variety of economic, political, cultural, and legal issues. In Taiwan, by contrast, the defining comparisons tend to be with the People's Republic of China, and the most pressing questions about the future concern Taiwan's relations with the PRC. If the first theme of Taiwan's political history is democratization, the second is the persistence of political tensions with China. As for capital punishment in particular, the most salient comparative frame for Taiwan continues to be the PRC, although the United States has been important, too.
Misinformation, Misrepresentation, and Misuse of Human Bbehavioral Genetics Research
Authors: Kaplan Jonathan
Published: May 2009

This chapter explores some of the limits of human behavioral genetics research, focusing on how these limits affect the reasonableness of the interpretations and uses of the research results. It argues that despite over a quarter-century of criticism of the methodological limitations of human behavioral genetics research and the weak evidence offered for linking particular variations in human behaviors to particular biological features, the standards required to publish and publicize particular claims in human behavioral genetics still remain disappointingly low. From a scientific perspective, behavioral genetics provides little relevant information regarding defendants in the criminal justice system.
The Developmental Neuroscience of Criminal Behavior
Authors: Baird Abigail A.
Published: May 2009

This chapter explores how cognition and emotion work together synergistically to produce predictable behavior, independent of its utility. It shows that in high-stakes situations, emotional response (whether automatic or cognitively mediated) ultimately drives behavior. A developmental model is presented to elucidate the ways in which maturation of the human brain supports the development of a coordinated relationship between emotional and cognitive processes—a relationship whose integrity is critical to the production of behavior in accordance with personally or socially mandated standards. Conditions under which emotion and cognition are less synchronized, such as in situations of high psychological stress and in cases involving specific neuropsychological disorders, are offered as additional support for this model. Finally, the implications for legal scholarship and policy are discussed.
Behavioral Genetics and Crime, in Context
Authors: Jones Owen D.
Published: May 2009

This chapter situates the discussion of behavioral genetics by grounding it within broader areas of the law and other fields of behavioral biology. The chapter proceeds as follows. Part II situates behavioral genetics, criminal law, and their overlap within larger contexts of law and biology. Part III attempts to situate the inquiries of issue within the context of work to date on behavioral genetics and crime. To help avoid needless duplication of efforts, the chapter also provides a brief summary of views, gleaned from a variety of different sources, on which it appears the majority of relevant scientists and commentators have reached at least tacit agreement. Part IV outlines some of the complications and implications of discussing behavioral genetics and crime, including definitional and methodological challenges, as well as implications for free will and responsibility. Finally, Part V raises two issues worth exploring. The first concerns how the respective contributions of behavioral genetics and behavioral ecology will compare over time, and how those efforts might best be joined. The second issue concerns what it would mean to put environmental considerations and genetic considerations on equal footing in the criminal justice system, and whether such a thing would be desirable.
Considering Convergence: A Policy Dialogue About Behavioral Genetics, Neuroscience, and Law
Authors: Garland Brent , Frankel Mark S.
Published: May 2009

This chapter begins by considering some of the commonalities and differences between behavioral genetics and neuroscience as they relate to the criminal law, including topics addressed by both fields, as well as how each field might be applied in criminal proceedings. It then focuses on a common concern raised by both fields in this context—the possible misuse of science in the criminal law. It concludes with a proposal to address the need for a continuing policy dialogue about the law and scientific developments in neuroscience and behavioral genetics.
“Who knows What Evil Lurks in the Hearts of Men?”: Behavioral Genomics, Neuroscience, Criminal Law, and the search for Hidden Knowledge
Authors: Greely Henry T.
Published: May 2009

This chapter explores the differences between the implications of behavioral genomics and neuroscience for criminal justice. It focuses on how the consequences of possible neuroscientific methods differ from those of behavioral genomics. It first sketches the sciences involved and some of their plausible technological applications to criminal justice. It then analyzes some general ways in which neuroscience is likely to have different effects from those of behavioral genomics. Finally, it contrasts the likely power of neuroscience with that of behavioral genomics in two specific aspects of the criminal justice system: deciding who did it and then determining what to do with him. It argues that in the context of criminal law, neither science is likely to provide much help in determining, based on their predispositions, who committed a crime. Neuroscience, however, may well answer other important questions in solving crimes. Both behavioral genomics and neuroscience will provide some information useful, at least occasionally, for determining responsibility, sentencing, or “treatment” of criminal behaviors. For the most part, however weak or strong behavioral genomics will be, neuroscience is likely to be stronger.
Behavioral Genetics Evidence in Criminal Cases: 1994–2007
Authors: Denno Deborah W.
Published: May 2009

This chapter addresses the question: how have courts and litigators treated behavioral genetics evidence in criminal cases between 1994 and 2007. The chapter proceeds as follows. Part II briefly reviews the facts and legal arguments in the Stephen Mobley case. Part III addresses the primary issues that concerned the court in Mobley, noting that many of the reasons for the controversy over the potential use of behavioral genetics evidence in 1994 remain the same today. Part IV discusses the forty-eight behavioral genetics and crime cases occurring between 1994 and 2007, during the time Mobley and Schriro v. Landrigan spurred the topical dispute. Part V concludes that contrary to some commentators' warnings during the Mobley appeal, the last thirteen years have not revealed a legally irresponsible application of behavioral genetics factors in criminal cases. Rather, courts continue to regard behavioral genetics variables skeptically, and society still embraces the same political and moral concerns over the role of such information. At the same time, courts have failed to provide sound and conceptually consistent reasons either for denying defendants' offers of behavioral genetics evidence or for viewing such evidence in the worst light for defendants.
Behavioral Genetics Research and Criminal DNA Databases: Laws and Policies
Authors: Kaye D.H.
Published: May 2009

This chapter surveys state and federal database legislation. It shows that previous studies have overlooked or understated the restrictions on medical or behavioral genetics research with convicted offender samples. It identifies and assesses some of the bioethical and social arguments against allowing such research. These include concerns about the possible misuse of or misunderstandings about the fruits of the research and the lack of consent on the part of the “donors” of DNA samples. This issue also raises the related policy issue of whether the DNA samples should be retained at all—as well as the research value of DNA databases and repositories. It argues that an absolute prohibition on behavioral genetics research is not necessary. Instead, it proposes that if the samples are to be retained (as they currently are), then an independent body with appropriate expertise should evaluate proposals for research projects on a case-by-case basis.
CHAPTER 3 Quantifying into the Unquantifiable
Authors: Salmon Nathan
Published: May 2009

This chapter focuses on the life and work of David Kaplan. Topics covered include the author's first encounter with Kaplan as well as the lessons learned from him; Kaplan's career in UCLA; the enduring legacy that Kaplan will leave to future generations; and Kaplan's philosophical interest.
1 Introduction
Authors: Superson Anita M.
Published: May 2009

This chapter introduces the topic of the book: to define the position of the moral skeptic about practical reason. It justifies the project on theoretical and practical grounds, highlights the ways in which philosophers need to alter the traditional view of the skeptic, and provides a chapter summary. The traditional view of the skeptic is one who adopts the expected utility theory of rational choice, and demands that we show that acting in morally required ways, rather than self‐interestedly, is rationally required. The chapter previews the arguments in favor of (1) expanding this view beyond defeating action skepticism, to defeating disposition skepticism, motive skepticism, and to addressing the amoralist; (2) modifying the expected utility theory to exclude desires deformed by patriarchy; and (3) covering immoral actions that are not best characterized as self‐interested but which fit better under the umbrella of privilege, thereby making the traditional skeptic's position sensitive to issues of gender and the like.
6 The Amoralist
Authors: Superson Anita M.
Published: May 2009

This chapter examines and rejects several internalist arguments defending the view that we need not address the skeptic who believes that amoralism is a tenable position for the reason that the amoralist is either inconceivable, irrational, or simply lacks a reason to act morally. The amoralist recognizes that he has a reason to act morally but denies the force of moral reasons. This chapter defends the weak externalist view, according to which recognizing a reason to act morally might, but does not necessarily, motivate the agent. The failure of internalist arguments leaves open the possibility of a rational amoralist. Thus, we should address the amoralist in attempting to defeat skepticism, and broaden the skeptic's position accordingly. But even if we do not defeat the amoralist, we do not fail to defeat skepticism wholesale, because being motivated by reasons is a psychological issue.
7 The Motive Skeptic
Authors: Superson Anita M.
Published: May 2009

This chapter examines whether we need, for a complete defeat of skepticism, to defeat the motive skeptic, who is not an action skeptic, yet believes there no rational requirements on the relevant motives, but that it is rationally permissible merely to go through the motions in acting morally instead of acting from an ideal moral motive. After examining and dismissing two purported reasons for not defeating the motive skeptic, the chapter offers an attempt indirectly to defeat the motive skeptic by showing that having reasons and motives that are not in harmony is a mark of “modern moral schizophrenia.” This disharmony is a mark of irrationality, which shows that having a rational requirement to act in morally required ways while believing it to be rationally permissible merely to go through the motions is an untenable position.
A Brief History of International Investment Agreements
Authors: Vandevelde Kenneth J.
Published: May 2009

This chapter traces the history of international investment agreements. The history thus far comprises three separate eras. The first, the colonial era, began in the late 18th century and continued until the end of the Second World War. The second, the postcolonial era, began with the end of the war and continued until approximately 1990, with the collapse of the Soviet Union. The third, the global era, began in approximately 1990 and continues to the present.
Do BITs Really Work?: An Evaluation of Bilateral Investment Treaties and their Grand Bargain
Authors: Salacuse Jeswald W. , Sullivan Nicholas P.
Published: May 2009

This chapter assesses whether BITs have achieved their objectives. The first part of the chapter examines the historical movement to form BITs. The second part explores the goals motivating BITs, namely foreign investment protection, market liberalization, and foreign investment promotion. The next three parts assess the success of BITs in achieving each of these goals. The chapter concludes by considering the implications of the BIT movement for the further development of international investment law.
Do Bilateral Investment Treaties Increase Foreign Direct Investment to Developing Countries?
Authors: Neumayer Eric , Spess Laura
Published: May 2009

This chapter addresses the question of whether of bilateral investment treaties (BITs) increase foreign direct investment (FDI) to developing countries. Developing countries that sign more BITs with developed countries receive more FDI inflows. The effect is robust to various sample sizes, model specifications, and whether or not FDI flows are normalized by the total flow of FDI going to developing countries. There is some limited evidence that BITs function as substitutes for institutional quality. The message to developing countries, therefore, is that succumbing to the obligations of BITs does have the desired payoff of higher FDI inflows.
Do BITs Really Work? Revisiting the Empirical Link Between Investment Treaties and Foreign Direct Investment
Authors: Yackee Jason
Published: May 2009

Eric Neumayer and Laura Spess (2005) recently published in the journal World Development the first peer-reviewed, methodologically sophisticated econometric analysis of the effects that bilateral investment treaties (BITs) might have on foreign direct investment (FDI) inflows. The authors provided robust statistical evidence that developing countries that sign BITs with important capital-exporting countries enjoy potentially massive increases in FDI. This chapter replicates, expands, and critiques Neumayer and Spess's study with the purpose of probing how much is known about the effects of BITs on FDI inflows.
The Impact of Endogenous Tax Treaties on Foreign Direct Investment: Theory and Empirical Evidence
Authors: Egger Peter , Larch Mario , Pfaffermayr Michael , Winner Hannes
Published: May 2009

This chapter sheds further light on the question of how tax treaties affect outward foreign direct investment (FDI). The chapter is organized as follows. Section A outlines the general equilibrium model of trade and multinational firms for studying the welfare and FDI effects of tax treaties. The theoretical hypotheses are summarized in Section B. Section C presents the database, the econometric methods, and the empirical results. Section D discusses the results in the light of previous research, and provides an extension regarding the time pattern of accumulation of the treaty-induced effect on FDI.
The Effect of Tax and Investment Treaties on Bilateral FDI Flows to Transition Economies
Authors: Coupé Tom , Orlova Irina , Skiba Alexandre
Published: May 2009

This chapter empirically examines the effect of bilateral investment treaties (BITs) and double taxation treaties (DTTs) on foreign direct investment. This chapter is structured as follows: firstly it describes bilateral investment and tax treaties, and reviews existing empirical studies on both BITs and DTTs. It then describes the methodology and data, and discusses the estimation technique and results, and conclusions. The chapter shows that transition countries that have BITs with developed countries receive more FDI inflows from these countries. It also provides evidence that BITs function to some extent as substitutes for institutional quality. There was no robust effect of tax treaties on FDI.
CHAPTER 8 Experimental Tests of Rationality
Authors: Read Daniel
Published: May 2009

Rational choice theory assumes that agents have a set of basic preferences, and specifies “rationality conditions” that must be met to satisfy those preferences optimally. Most experimental studies in behavioural economics are either explicit tests of whether actual behaviour conforms to these rationality conditions or else developments of theories that began that way. This chapter is a selective review of these experimental studies. It focuses on differences between the conditions of choice that are normatively irrelevant according to the rationality conditions, yet which nonetheless have, a profound influence on preference. These include framing of consequences, adding irrelevant items to the choice set, and changing the way preferences are expressed. The chapter discusses how preferences are not pre‐computed, but rather produced at the moment of choice from information that is made salient by the choice context.
CHAPTER 9 State‐Dependent Utility
Authors: Karni Edi
Published: May 2009

This chapter reviews the foundational issues raised when the evaluation of consequences is state‐dependent and discusses the various approaches to addressing them. In addition, exposes the theory of risk aversion in the presence of state‐dependent preferences and applies it to the analysis of optimal choice of disability insurance.
CHAPTER 10 Choice over Time
Authors: Manzini Paola , Mariotti Marco
Published: May 2009

This chapter reviews both the theoretical modeling and the experimental evidence, relating to choice over time. Most of the space is devoted to choices between outcome‐date pairs, which has been better studied, especially experimentally, but it also discusses choices between time sequences of outcomes. It distinguishes between “soft anomalies”, which can be accommodated by a simple modification of the standard exponential discounting model (e.g. hyperbolic discounting) and “hard anomalies” which pose a more fundamental challenge.
CHAPTER 13 Limits Of Utilitarianism As The Ethical Basis Of Publicaction
Authors: Pattanaik Prasanta K.
Published: May 2009

Though utilitarianism has been highly influential as a normative theory of public action, it has faced many searching criticisms throughout its history. In welfare economics, where the dominant conceptual framework was basically utilitarian for a long time, many distinctly non‐utilitarian ethical concerns have been explored in the last few decades. This chapter provides a review of some of the arguments advanced by the critics of utilitarianism as the basis of public action. The chapter starts with a discussion of some basic features of utilitarianism and then reviews a number of objections to utilitarianism, grouping them in three categories: (i) “problems of exclusion” (ii) “problems of inclusion” and (iii) “problems of aggregation”.
CHAPTER 14 Consequentialism and Non‐Consequentialism
Authors: Suzumura Kotaro , Xu Yongsheng
Published: May 2009

Most, if not all, practitioners of welfare economics and social choice theory are presumed to be welfaristic in their conviction. Indeed, they evaluate the goodness of an economic policy and/or economic system in terms of the welfare that people receive at the culmination outcomes thereby generated. Recent years have witnessed a substantial upsurge of interest in the non‐welfaristic bases, or even the non‐consequentialist bases, of welfare economics and social choice theory. Capitalizing on the axiomatic approach explored in the recent past, this chapter tries to provide a coherent analysis of consequentialism vis‐a‐vis non‐consequentialism. To begin with, this chapter develops an abstract framework in which the primitive of the analysis is a preference ordering held by an evaluator over the pairs of culmination outcomes, and opportunity sets from which those culmination outcomes are chosen. As a partial test to see how much relevance can be claimed the axiomatized concepts of consequentialism and non‐consequentialism, two simple applications of this abstract framework are worked out. The first application is to the Arrovian social choice theory, and the second application is to the analysis of ultimatum games.
CHAPTER 16 Responsibility
Authors: Fleurbaey Marc
Published: May 2009

This chapter reviews the various ways in which individual responsibility has been incorporated in the definition of social rankings or allocation rules, in the theory of social choice as well as in the theory of fair allocation. It stresses the concepts underlying the different approaches. In particular, the literature reveals a deep opposition between two conceptions of responsibility: “liberal” one which sees responsibility as eliminating the need for redistribution and a “utilitarian” one which considers that responsibility justifies adopting an inequality‐neutral social objective. There is a second opposition, between the compensation principle that focuses on neutralizing the inequalities for which the individuals are not responsible and the reward principles which focus on the consequences of responsibility. Combining these two divides yields four distinct ways of defining a responsibility‐catering social objective (or allocation rule).
CHAPTER 20 Population Ethics
Authors: Blackorby Charles , Bossert Walter , Donaldson David
Published: May 2009

This chapter reviews the welfarist approach to population ethics. This chapter provides an overview of the critical‐level utilitarian population principles and their generalized counterparts, examine important properties of these principles and discuss their relationships to other variable population social evaluation rules. The chapter illustrates the difficulties arising in population ethics by means of an impossibility result and present characterizations of the critical‐level generalized utilitarian principles and of three of their sub classes.
CHAPTER 21 Distributive Justice
Authors: Gaertner Wulf
Published: May 2009

In this survey questionnaire‐experimental studies on issues of distributive justice are discussed. The chapter starts with the aspect of needs, then asks what happens in the context of production where individuals make contributions and exercise effort to a smaller or higher degree depending on their physical and mental abilities. Then it examines two investigations in which the role of the evaluating person is either that of an outside observer with no stakes or that of a person who belongs to the society whose income distribution is to be judged. Finally it considers aspects of responsibility, tastes, beliefs, and framing.
The Law of Command Responsibility
Authors: Mettraux Guénaël
Published: May 2009

The book studies the law of command or superior responsibility under international law. Born in the aftermath of the Second World War, the doctrine of superior responsibility provides that a military commander, a civilian leader or the leader of a terrorist, paramilitary, or rebel group could be held criminally responsible in relation to crimes committed by subordinates even where he has taken no direct or personal part in the commission of these crimes. The basis of this type of liability lies in a grave and culpable failure on the part of the superior to fulfil his duties to prevent or punish crimes of subordinates. Though it first developed in the international arena, the doctrine of superior responsibility has now spread into many domestic jurisdictions, thus offering judicial and prosecutorial authorities a ready-made instrument to hold to account the leaders of men who knew of the crimes of their subordinates and failed to respond adequately to prevent or punish those crimes. This book provides a dissection of the doctrine of superior responsibility, the scope of its application, its elements as well as the evidential difficulties involved in establishing the criminal responsibility of a superior in the context of a criminal prosecution.
Command Responsibility under Customary International Law and the Statute of the International Criminal Court
Authors: Mettraux Guenael
Published: May 2009

This chapter touches upon subsequent development, in particular the adoption of a definition of that doctrine in the Statute of the International Criminal Court which differs in some significant fashion from existing customary international law.
Military Commanders, Civilian Leaders, and Other Superiors, whether De Jure or De Facto
Authors: Mettraux Guenael
Published: May 2009

This chapter deals with the scope of application ‘ratione personae’ of the doctrine of superior responsibility. In particular, it discusses and analyses the application of that doctrine to military as well as civilian leaders and discusses the practical and evidential distinctions relevant in both contexts. It deals with the application of that doctrine to less formal types of superiors, such as terrorist or rebel leaders and military-private contractors. The chapter is also devoted to the all important question of the distinction between de jure superiors who have been appointed or elected to command and lead, and de facto superiors whose authority to command lays, not on domestic law, but on other factors.
General Remarks
Authors: Mettraux Guenael
Published: May 2009

This chapter deals generally with the elements that make up the doctrine of superior responsibility.
Underlying Offences
Authors: Mettraux Guenael
Published: May 2009

This chapter deals with the underlying crimes committed by subordinates of the accused and in relation to which he is being prosecuted or charged. It also deals with the question of whether a superior can be held criminally responsible in relation to crimes committed, not by his subordinates but by others, but in relation to which his subordinates took a criminal part.
Introduction
Authors: Vranes Erich
Published: May 2009

This introductory chapter provides an overview of the main questions examined in this book. It argues that there are three sets of questions which demarcate the so-called ‘trade and environment’ nexus: The first set of questions concerns the relationship between WTO law, multilateral environmental agreements, and non-WTO law more generally. This brings into play the issue of conflict of norms, the legal status of the lex specialis principle and similar legal maxims, and the concepts jurisdiction and applicable law in WTO dispute settlement. A second set of questions is related to the disputed concepts of extraterritorial jurisdiction and unilateral state action. A third group of issues concerns the scope and contents of relevant WTO disciplines. In this respect, this book examines the basic principles governing the General Agreement on Tariffs and Trade (GATT) and the Agreement on Technical Barriers to Trade (TBT Agreement).
The Principles of Conflict Resolution
Authors: Vranes Erich
Published: May 2009

Principal questions regarding the so-called ‘rules’ on conflict resolution such as the lex posterior maxim are still unresolved and disputed in international law just as in domestic law doctrine. These questions concern the legal nature of these maxims, their number, contents and legal consequences. It also relates to the structure of the legal order and basic principles such as pacta sunt servanda. This chapter argues that principles such as the lex specialis and lex posterior maxims should be regarded as subordinate interpretative criteria, which implies inter alia that there can be no abstract hierarchy between the lex posterior and lex specialis maxims. The chapter also examines problems relating to the lex superior, lex posterior, and lex specialis maxims, both in legal theory and international law. It analyses the problems of successive (multilateral) treaties, barriers to derogation (pacta tertiis principle etc.), and an eventual hierarchy of conflict principles in international law.
Extraterritorial Jurisdiction
Authors: Vranes Erich
Published: May 2009

This chapter analyses the concept of extraterritorial jurisdiction and underlying fundamental notions, such as sovereignty, non-intervention, balancing of interests, proportionality, and legal principles. It provides a refined definition of extraterritorial jurisdiction. Moreover, it examines a plurality of ways to infer the proportionality principle from the structure of the legal order and shows that it can be classified, inter alia, as an element of teleological interpretation. The chapter argues that one cannot deny the existence of this principle in international law and that the principle of proportionality, understood as a scheme for rational argumentation, provides an adequate framework as to how exercises of extraterritorial jurisdiction can be assessed in a legally adequate manner.
‘Unilateralism’ in the Trade and Environment Context
Authors: Vranes Erich
Published: May 2009

This chapter addresses unilateral trade-related environmental measures (TREMs). It distinguishes such measures from exercises of extraterritorial jurisdiction and briefly examines the relevance of Principle 12 of the Rio Declaration and the GATT/WTO rulings in the US–Tuna and US–Shrimp disputes. This chapter then develops a scheme for classifying legal measures (unilateral versus multilateral/territorial versus extraterritorial/protection of domestic concerns versus protection of extraterritorial concerns), which consists of eight categories of measures. This scheme helps with the analysing the various constellations that may occur in state regulation. The chapter then addresses the question as to when unilateral trade-related environmental measures addressing extraterritorially located concerns are illegal under international law. It submits that such measures have to be suitable to promote a legitimate environmental concern, necessary in the sense of constituting the mildest means of interference with the interests of other countries, and must be proportionate to the end pursued.
The Trade Disciplines Arising under the TBT Agreement
Authors: Vranes Erich
Published: May 2009

This chapter analyses the functions and scope of application of the WTO TBT Agreement. It examines its relationship with the GATT and the SPS Agreement, its non-discrimination disciplines, the prohibition on unnecessary technical barriers to trade, and justification under the TBT Agreement. It also analyses the requirement to base technical regulations on international standards. This chapter argues that the TBT Agreement contains several concretisations of the necessity requirement, but does not introduce a proportionality review.
Processes and Production Methods: A Special Case under the GATT and the TBT Agreement?
Authors: Vranes Erich
Published: May 2009

This chapter addresses the question of whether a WTO Member is allowed to introduce measures affecting trade in goods that are concerned with process and production methods which are not related to the goods concerned in the sense of bearing on their physical characteristics (‘non-product-related PPMs’). Taking into account relevant WTO dispute settlement decisions (US–Tuna, US–Shrimp), this chapter argues that non-product related PPM requirements, which are neither de jure nor de facto discriminatory, should be regarded as being consistent with Articles III and I of the GATT. It also submits that Appellate Body jurisprudence cannot be read as excluding justification of non-product-related PPMs under Article XX. The chapter then addresses border tax adjustment disciplines and process-based taxation, and process-based measures under the TBT Agreement. Finally, it examines the permissibility of process-based environmental labelling under GATT and TBT disciplines, arguing that such measures are not per se prohibited.
Ozone Protection and WTO Law
Authors: Vranes Erich
Published: May 2009

This chapter focuses on the legal relationship, and possible conflicts of norms, between the international ozone regime and WTO law. After a brief analysis of the Vienna Convention for the Protection of the Ozone Layer, the Montreal Protocol, its amendments, and adjustments, it examines the possible conflicts of norms that may stem from the adoption of trade measures against parties not complying with the ozone regime, and conflicts with WTO law that may arise from the imposition of trade restrictions vis-à-vis states that are not party to the ozone regime. The chapter concludes that from the viewpoint of the international ozone protection regime, the often cited ‘chilling effect’ of the WTO treaty and the need to revise WTO law appear to be overstated.
10 United Kingdom Doctrine and Policy
Authors: Quinlan Michael
Published: May 2009

This chapter recalls the evolution of plans for UK nuclear-weapon capability from complete independence in the decade after World War II through the shift to US/UK cooperation, with reliance upon the United States in some key aspects of materiel procurement. It explains the thinking behind the concept of ‘second-centre’ decision-making and operational independence, the latter contrasted with the wider (and much more expensive) form of independence espoused by France. It notes the strength of anti-nuclear campaigning in Britain, and explains the UK approach to such issues as targeting and deterrent adequacy. It reviews changes made since the end of the Cold War, and surveys the 2006–7 decision to envisage a new-generation force to last beyond the early 2020s. It notes that key commitments on implementing this have yet to be made, and suggests that there remains scope for revisiting both the principle and the detail of the capability renewal decision.
12 The Abolition of Nuclear Armouries?
Authors: Quinlan Michael
Published: May 2009

This chapter looks at the idea of abolishing all nuclear armouries, observing that both extremes of debate about this often oversimplify the issues, but that the NPT-recognized nuclear-weapon possessor states have all in the past undertaken to accept abolition as an ultimate goal. It then notes that any path toward it, envisaging the abandonment of the contribution which nuclear weapons have probably made to the absence of major war between advanced powers since 1945, must tackle both deep political issues and complex technical problems—it will not suffice for study to focus just upon the latter. This chapter sketches in outline a range of issues in both categories, and argues that those who believe in abolition and those who do not could usefully make common cause in supporting study work to deepen understanding about avenues, obstacles, and implications.
1 The Nuclear Revolution
Authors: Quinlan Michael
Published: May 2009

This chapter starts with the destruction of Hiroshima and Nagasaki by nuclear weapons in 1945, to terminate World War II. It considers what people at the time thought about the significance of this, and how they came to see that war-prevention had henceforth to be the cardinal rule. It discusses how strategists and planners had to transform their ideas radically—and sometimes with difficulty—to the reality that the new weapons created the reductio ad absurdum of all-out warfare. It suggests that scientific advance anyway made this inevitable sooner or later, by one route or another, as policies need to recognize. It considers what rational use nuclear weapons can have, and underscores that nuclear risk cannot be neatly sealed off but permeates all substantial armed conflict between major advanced powers.
8 Arms Racing, Costs, and Arms Control
Authors: Quinlan Michael
Published: May 2009

This chapter first discusses whether the term ‘arms race’ is accurately applied to the history of nuclear-armoury development, and whether the costs of such development have been disproportionate to their value. It then examines the contribution which arms control agreements can make to reducing cost, risk, and uncertainty in the stable management of nuclear deterrence. It illustrates from the Cold War period some of the complications, both political and technical, that can arise in the shaping of such agreements, and the difficulty of including smaller armouries like that of Britain in formal limitation bargains. It next considers what future there is for bilateral US/Russia deals, and finally notes the value of nuclear-weapon-free zones and certain treaties constraining the deployment of nuclear weapons into new environments.
11 Nuclear Weapons in South Asia
Authors: Quinlan Michael
Published: May 2009

This chapter first recapitulates the history of Indian and Pakistani approaches to nuclear-weapon capability, leading up to the 1998 explosive tests. It considers the significance of the 1999 Kargil crisis and the 2001–2 mobilization stand-off, and notes the damaging Pakistani episode of A. Q. Khan's ‘nuclear black market’. It summarizes what is publicly known about the nuclear doctrines and operational capabilities of the two countries, and notes the complication of achieving war-prevention stability amid the asymmetries between them. It observes that recent relaxations in tension, as over Kashmir, are not irreversible, and posits a set of principles that might help to enhance stability and reduce costs in their deterrent interface. Finally, it looks at their relationship to the global non-proliferation regime, including the controversial US/India deal on nuclear energy.
A Standard Greenhouse Method for Assessing Soybean Cyst Nematode Resistance in Soybean: SCE08 (Standardized Cyst Evaluation 2008)
Authors: Niblack T. L. , Tylka Gregory L. , Arelli Prakash , Bond Jason , Diers Brian , Donald Pat , Faghihi Jamal , Gallo Karen , Heinz Robert D. , Lopez-Nicora Horacio , Von Qualen Ralph , Welacky Tom , Wilcox John
Published: May 2009

The tactic of choice for managing soybean cyst nematode (SCN) in infested fields is the use of resistant cultivars. Because expression of SCN resistance is dependent on the occurrence and frequencies of genes for virulence in SCN populations, labeling of SCN-resistant cultivars can be difficult and, occasionally, highly misleading, leading to unanticipated yield losses. The authors' objective was to offer a set of standards for assessing and labeling SCN-resistant cultivars that would allow farmers to make direct comparisons of cultivars.

Accepted for publication 15 March 2009. Published 13 May 2009.
Real science at the petascale
Authors: Saksena Radhika S. , Boghosian Bruce , Fazendeiro Luis , Kenway Owain A. , Manos Steven , Mazzeo Marco D. , Sadiq S. Kashif , Suter James L. , Wright David , Coveney Peter V.
Published: May 2009

We describe computational science research that uses petascale resources to achieve scientific results at unprecedented scales and resolution. The applications span a wide range of domains, from investigation of fundamental problems in turbulence through computational materials science research to biomedical applications at the forefront of HIV/AIDS research and cerebrovascular haemodynamics. This work was mainly performed on the US TeraGrid ‘petascale’ resource, Ranger, at Texas Advanced Computing Center, in the first half of 2008 when it was the largest computing system in the world available for open scientific research. We have sought to use this petascale supercomputer optimally across application domains and scales, exploiting the excellent parallel scaling performance found on up to at least 32 768 cores for certain of our codes in the so-called ‘capability computing’ category as well as high-throughput intermediate-scale jobs for ensemble simulations in the 32–512 core range. Furthermore, this activity provides evidence that conventional parallel programming with MPI should be successful at the petascale in the short to medium term. We also report on the parallel performance of some of our codes on up to 65 636 cores on the IBM Blue Gene/P system at the Argonne Leadership Computing Facility, which has recently been named the fastest supercomputer in the world for open science.
Sector and Sphere: the design and implementation of a high-performance data cloud
Authors: Gu Yunhong , Grossman Robert L.
Published: May 2009

Cloud computing has demonstrated that processing very large datasets over commodity clusters can be done simply, given the right programming model and infrastructure. In this paper, we describe the design and implementation of the Sector storage cloud and the Sphere compute cloud. By contrast with the existing storage and compute clouds, Sector can manage data not only within a data centre, but also across geographically distributed data centres. Similarly, the Sphere compute cloud supports user-defined functions (UDFs) over data both within and across data centres. As a special case, MapReduce-style programming can be implemented in Sphere by using a Map UDF followed by a Reduce UDF. We describe some experimental studies comparing Sector/Sphere and Hadoop using the Terasort benchmark. In these studies, Sector is approximately twice as fast as Hadoop. Sector/Sphere is open source.
UKQCD software for lattice quantum chromodynamics
Authors: Boyle P.A. , Kenway R.D. , Maynard C.M.
Published: May 2009

Quantum chromodynamics (QCD) is the quantum field theory of the strong nuclear interaction and it explains how quarks and gluons are bound together to make more familiar objects such as the proton and neutron, which form the nuclei of atoms. UKQCD is a collaboration of eight UK universities that have come together to obtain and pool sufficient resources, both computational and manpower, to perform lattice QCD calculations. This paper explains how UKQCD uses and develops this software, how performance critical kernels for diverse architectures such as quantum chromodynamics-on-a-chip, BlueGene and XT4 are developed and employed and how UKQCD collaborates both internally and externally, with, for instance, the US SciDAC lattice QCD community.
Parallel ecological networks in ecosystems
Authors: Olff Han , Alonso David , Berg Matty P. , Eriksson B. Klemens , Loreau Michel , Piersma Theunis , Rooney Neil
Published: May 2009

In ecosystems, species interact with other species directly and through abiotic factors in multiple ways, often forming complex networks of various types of ecological interaction. Out of this suite of interactions, predator–prey interactions have received most attention. The resulting food webs, however, will always operate simultaneously with networks based on other types of ecological interaction, such as through the activities of ecosystem engineers or mutualistic interactions. Little is known about how to classify, organize and quantify these other ecological networks and their mutual interplay. The aim of this paper is to provide new and testable ideas on how to understand and model ecosystems in which many different types of ecological interaction operate simultaneously. We approach this problem by first identifying six main types of interaction that operate within ecosystems, of which food web interactions are one. Then, we propose that food webs are structured among two main axes of organization: a vertical (classic) axis representing trophic position and a new horizontal ‘ecological stoichiometry’ axis representing decreasing palatability of plant parts and detritus for herbivores and detrivores and slower turnover times. The usefulness of these new ideas is then explored with three very different ecosystems as test cases: temperate intertidal mudflats; temperate short grass prairie; and tropical savannah.