bluuebunny/crossref_metadata_2025 huggingface dataset:
Preparation of Poly(vinyl alcohol)/Chitosan-Blended Hydrogels: Properties, In Vitro Studies and Kinetic Evaluation
Authors: Hosseini Motahare Sadat , Amjadi Issa , Haghighipour Nooshin
Published: October 2012

Articular Cartilage Defects Are a Recent Critical Orthopaedic Issue. Hydrogels Have Been Widely Used in Soft Tissue Engineering Scaffolds as their Structures Are Similar to the Macromolecular-Based Components in the Human Body. Hydrogels Including those Based on Poly(vinyl Alcohol) (PVA) and Chitosan Are of Considerable Interest for Utilization in the Field of Tissue Engineering because of their Appropriate Biocompatibility. PVA Gels Can Be Formed by Chemical or Physical Crosslinking. the “freezing-Thawing” (FT) Process Is the Most Mild, Facile and Effective Method to Produce Physically Crosslinked PVA Gel, because it Does Not Require the Presence of the Crosslinking Agent that May Cause Toxicity. in this Study Hydrogels Based on PVA and Chitosan in Different Blend Ratios Were Prepared, and the Effect of the Freeze-Thaw Cycles and Glutaraldehyde on the Hydrogel Properties Was Investigated. the Results Showed that Freeze-Thaw Cycles Increased the Tensile Strength and the Samples’ Resistance to Degradation. the Biocompatibility of the Hydrogels Was Analysed Using Chondrocyte Cells Separated from Distal Femur of Men. Cell Toxicity Assay Performed for Measurement of Cell Viability of the Samples Indicated Biocompatibility.
Cognitive and Brain Development in Adolescence
Authors: Keating Daniel P.
Published: October 2012

Résumé La théorie piagétienne des opérations formelles a inauguré le travail empirique sur le développement cognitif de l’adolescent. Ce lancer a abouti à deux résultats principaux. D’une part, il n’y a pas eu confirmation de stades, d’âge d’acquisition ni de conditions logiques spécifiques ; d’autre part, des recherches se sont développées sur les mécanismes sous-tendant les changements liés à l’adolescence. Des changements importants concernent la vitesse de traitement, la mémoire de travail, le contrôle inhibiteur, les capacités de planification stratégique, toutes capacités en rapport avec les fonctions exécutives. Les recherches montrent en particulier que les progrès exécutifs concernent davantage les domaines de plus grande expertise...Plus récemment, on note un focus sur la cognition de l’adolescent dans des modèles duels faisant une distinction entre la pensée heuristique et la pensée analytique plus exigeante, et entre une fonction exécutive raisonnée ( cold ) ou spontanée ( hot ) selon le degré d’investissement émotionnel et social. Les modèles de traitement duels et les neurosciences développementales s’accordent sur le rôle de la myélinisation dans la vitesse de traitement, sur le développement accéléré du système limbique, sur la prédominance du cortex préfrontal (PFC) dans le jugement et pour l’orchestration des autres systèmes neuraux. Les données expérimentales cognitives confirment. Dans le futur, la relation directe entre le développement cognitif et le développement cérébral sera sans nul doute privilégiée, avec les rapides progrès des technologies d’imagerie.
ADVANCES IN THE TREATMENT OF MALARIA
Authors: Castelli Francesco , Tomasoni Lina Rachele , Matteelli Alberto
Published: October 2012

Malaria still claims a heavy toll of deaths and disabilities even at the beginning of the third millennium. The inappropriate sequential use of drug monotherapy in the past has facilitated the spread of drug-resistant P. falciparum, and to a lesser extend P. vivax, strains in most of the malaria endemic areas, rendering most anti-malarial ineffective. In the last decade, a new combination strategy based on artemisinin derivatives (ACT) has become the standard of treatment for most P. falciparum malaria infections. This strategy could prevent the selection of resistant strains by rapidly decreasing the parasitic burden (by the artemisinin derivative, mostly artesunate) and exposing the residual parasite to effective concentrations of the partner drug. The widespread use of this strategy is somehow constrained by cost and by the inappropriate use of artemisinin, with possible impact on resistance, as already sporadically observed in South East Asia. Parenteral artesunate has now become the standard of care for severe malaria, even if quinine still retains its value in case artesunate is not immediately available. The appropriateness of pre-referral use of suppository artesunate is under close monitoring, while waiting for an effective anti-malarial vaccine to be made available.
SICKLE CELL ANAEMIA AND MALARIA
Authors: Luzzatto Lucio
Published: October 2012

Sickle cell anaemia is a major chapter within haemolytic anaemias; at the same time, its epidemiology is a remarkable signature of the past and present world distribution of Plasmodium falciparum malaria. In this brief review, in keeping with the theme of this journal, we focus on the close and complex relationship betweeen this blood disease and this infectious disease. On one hand, heterozygotes for the sickle gene (AS) are relatively protected against the danger of dying of malaria, as now firmly established through a number of clinical field studies from different parts of Africa. In addition, experimental work is consistent with a plausibile mechanism: namely, that in AS heterozygotes P falciparum-infected red cells sickle preferentially and are then removed by macrophages. On the other hand, patients who are homozygous for the sickle gene and therefore suffer from sickle cell anaemia (SCA) are highly susceptible to the lethal effects of malaria. The simplest explanation of this fact is that malaria makes the anaemia of SCA more severe; in addition, in SCA there is often hyposplenism, which reduces clearance of parasites. From the point of view of public health it is important that in malaria-endemic countries patients with SCA, and particularly children, be protected from malaria by appropriate prophylaxis.
NEW STRATEGIES FOR STEM CELL MOBILIZATION
Authors: Lemoli Roberto
Published: October 2012

Mobilized peripheral blood (PB) is widely used as source of stem cells (PBSCs) for autologous stem cell transplantation (ASCT). The use of cytokines, alone or in combination with chemotherapy (chemomobilization), is the most common strategy applied to mobilize and collect PBSCs. However, a significant proportion of cancer patients fail to mobilize enough PBSCs to proceed to ASCT.  Plerixafor is a small molecule that reversibly and transiently disrupts the interaction between the chemokine receptor CXCR4 and its ligand CXCL12 (formerly known as stroma derived factor 1, SDF-1) leading to the rapid release of CD34+ hematopoietic stem cells from the bone marrow (BM) to PB. Plerixafor has been recently approved to enhance PBSC mobilization in patients with multiple myeloma or non-Hodgkin lymphoma and has been shown to be more effective than G-CSF alone. There is limited experience on combining plerixafor with chemotherapy plus G-CSF in patients who mobilize poorly. Current evidence suggests that the addition of plerixafor is safe and effective in the large majority of the patients with low blood CD34+ cell count after mobilization and/or poor yield after the first collection(s). Circulating CD34+ cells can be increased by several folds with plerixafor and the majority of the patients considered “poor mobilizers” can be successfully collected. Overall, its mechanism of action inducing the rapid release of CD34+ cells from the BM to the circulation makes plerixafor suitable for the ‘pre-emptive’ use in patients who are hard-to-mobilize.
Spiritual nursing care: A concept analysis
Authors: Monareng Lydia V.
Published: October 2012

Although the concept ‘spiritual nursing care’ has its roots in the history of the nursing profession, many nurses in practice have difficulty integrating the concept into practice. There is an ongoing debate in the empirical literature about its definition, clarity and application in nursing practice. The study aimed to develop an operational definition of the concept and its application in clinical practice. A qualitative study was conducted to explore and describe how professional nurses render spiritual nursing care. A purposive sampling method was used to recruit the sample. Individual and focus group interviews were audio-taped and transcribed verbatim. Trustworthiness was ensured through strategies of truth value, applicability, consistency and neutrality. Data were analysed using the NUD*IST power version 4 software, constant comparison, open, axial and selective coding. Tech’s eight steps of analysis were also used, which led to the emergence of themes, categories and sub-categories. Concept analysis was conducted through a comprehensive literature review and as a result ‘caring presence’ was identified as the core variable from which all the other characteristics of spiritual nursing care arise. An operational definition of spiritual nursing care based on the findings was that humane care is demonstrated by showing caring presence, respect and concern for meeting the needs not only of the body and mind of patients, but also their spiritual needs of hope and meaning in the midst of health crisis, which demand equal attention for optimal care from both religious and nonreligious nurses.
Lamsiekte (botulism): Solving the aetiology riddle
Authors: Bigalke Rudolph D.
Published: October 2012

The reason or reasons why it took Sir Arnold Theiler so many years to unravel the riddle of the aetiology of lamsiekte in cattle and whether P.R. Viljoen’s lifelong grudge for receiving insufficient credit from Theiler for his research contribution was justified are analysed in this paper. By 1912, Theiler knew that Duncan Hutcheon had advocated the use of bonemeal as a prophylactic against the disease in the early 1880s. Hutcheon’s colleague, J.D. Borthwick, had shown conclusively in a field experiment in 1895 that lamsiekte did not occur in cattle fed a liberal allowance of bonemeal; and bone-craving had been identified by Hutcheon and several farmers as being associated with the occurrence of the disease (a ‘premonitory’ sign). Hutcheon regarded a phosphate deficiency of the pastures as the direct cause of lamsiekte. However, Theiler did not accept this, was convinced that intoxication was involved and developed a ‘grass toxin’ theory. Viljoen (1918) also latched onto the grass toxin theory. He did not believe that osteophagia existed, stating categorically that he had not observed it on the experimental farm Armoedsvlakte where 100 cases of lamsiekte had occurred during the 3 years that he spent there. Moreover, he did not believe in the prophylactic value of bonemeal. However, careful analysis of a subsequent publication, of which he was a co-author, revealed that in late 1918 and early 1919 he reproduced the disease by drenching cattle with blowfly pupae and larvae as well as with crushed bones from decomposing bovine carcasses. For this breakthrough he did not get proper credit from Theiler. Reappointed to study lamsiekte on Armoedsvlakte in the autumn of 1919, Theiler, probably already aware that the toxin he was seeking was in the decomposing bones or carcass material rather than the grass, deliberately ‘walked with the cattle’ on the farm to encounter a classic manifestation of bone-craving (osteophagia). The penny then immediately dropped. Theiler, actually rationalising an hypothesis that was about four decades old, did so with a vengeance. Within less than two years he had reproduced lamsiekte by exposing cattle with natural bone-craving to rotten carcass material, had chemical proof that the grazing was phosphorus-deficient, had developed a satisfactory bonemeal prophylactic dosage programme, and the bacterial toxin concerned – perhaps the trickiest contribution – had been produced in culture. Hence the table was set for the later development of an excellent lamsiekte vaccine.
Knowledge management practices at an institution of higher learning
Authors: Mavodza Judith , Ngulube Patrick
Published: October 2012

Background: This article underscores the fact that society is becoming more and more knowledge-based, and that the organisations that can identify, value, create and evolve their knowledge assets are likely to be more successful than those that do not. Knowledge management (KM) is about enhancing the use of organisational knowledge through sound practices of KM and organisational learning. KM practices encompass the capture and/or acquisition of knowledge, its retention and organisation, its dissemination and re-use, and lastly responsiveness to the new knowledge.Objective: The focus of this study was on KM principles and practices that may be in place in the Metropolitan College of New York (MCNY). The argument is that KM and its survival principles and tools may help the College to improve performance. However, there is uncertainty about whether the use of KM principles and tools can partly solve the College’s approach to improving the quality of education it provides.Methods: A mixed methods research methodology encompassing a questionnaire, observation, interviews, and use of institutional documents was used in the investigation.Results: The findings of the study indicate that KM concepts were not universally understood at MCNY.Conclusion: There is a need to create a knowledge inventory at MCNY. This may help the College to develop appropriate institution-wide policies and practices for proper and well organised methods of integrating work processes, collaborating and sharing (including the efficient use of social media), and developing an enabling institutional culture.
Estimates of Biomass and Fixed Carbon at a Rainforest in Panama
Authors: Pinzón Reinhardt , Fábrega José , Vega David , Vallester Erick N. , Aizprúa Rafael , López-Serrano Francisco R. , Ogden Fred L. , Espino Kleveer
Published: October 2012

This paper presents an estimation of the quantity of carbon fixed in trees in a one hectare (ha) plot at the Cerro Pelado-Gamboa Hydrology Tropical Observatory, which is located in the province of Colon, Panama. The estimation of carbon fixed in trees may provide significant information on carbon flux due to water circulation, which may ultimately enable evaluation of the carbon cycle. All trees larger than 10 cm diameter at breast height (DBH) in the plot were investigated. Carbon fixed within these trees was estimated using a parameterized formula. Tree biomass estimations for the plot were 97.21 Mg ha-1. We identified a rare arboreal pear species ( Euphorbiaceous) with higher carbon density than other trees in the plot. The presence of this apparently unique species may be due to specific soil characteristics. The method was evaluated by comparing the results with a second study performed in 2011, which resulted in an estimate of net new carbon (biomass) increment (NNCI), which gives 3.88 Mg ha-1 year-1. In general, the estimation of the biomass and associated carbon content found in this investigation are useful comparative data for economic evaluation of tropical forests in terms of capacity to capture carbon.
Clinical Management of Pain in Advanced Lung Cancer
Authors: Simmons Claribel P.L. , Macleod Nicholas , Laird Barry J.A.
Published: October 2012

Lung cancer is the most common cancer in the world and pain is its most common symptom. Pain can be brought about by several different causes including local effects of the tumor, regional or distant spread of the tumor, or from anti-cancer treatment. Patients with lung cancer experience more symptom distress than patients with other types of cancer. Symptoms such as pain may be associated with worsening of other symptoms and may affect quality of life. Pain management adheres to the principles set out by the World Health Organization's analgesic ladder along with adjuvant analgesics. As pain can be caused by multiple factors, its treatment requires pharmacological and non-pharmacological measures from a multidisciplinary team linked in with specialist palliative pain management. This review article examines pain management in lung cancer.
Efficient Energy Stable Schemes with Spectral Discretization in Space for Anisotropic Cahn-Hilliard Systems
Authors: Chen Feng , Shen Jie
Published: October 2012

We develop in this paper efficient and robust numerical methods for solving anisotropic Cahn-Hilliard systems. We construct energy stable schemes for the time discretization of the highly nonlinear anisotropic Cahn-Hilliard systems by using a stabilization technique. At each time step, these schemes lead to a sequence of linear coupled elliptic equations with constant coefficients that can be efficiently solved by using a spectral-Galerkin method. We present numerical results that are consistent with earlier work on this topic, and also carry out various simulations, such as the linear bi-Laplacian regularization and the nonlinear Willmore regularization, to demonstrate the efficiency and robustness of the new schemes.
Fekete-Gauss Spectral Elements for Incompressible Navier-Stokes Flows: The Two-Dimensional Case
Authors: Lazar Laura , Pasquetti Richard , Rapetti Francesca
Published: October 2012

Spectral element methods on simplicial meshes, say TSEM, show both the advantages of spectral and finite element methods, i.e., spectral accuracy and geometrical flexibility. We present aTSEM solver of the two-dimensional (2D) incompressible Navier-Stokes equations, with possible extension to the 3D case. It uses a projection method in time and piecewise polynomial basis functions of arbitrary degree in space. The so-called Fekete-Gauss TSEM is employed,i.e., Fekete (resp. Gauss) points of the triangle are used as interpolation (resp. quadrature) points. For the sake of consistency, isoparametric elements are used to approximate curved geometries. The resolution algorithm is based on an efficient Schur complement method, so that one only solves for the element boundary nodes. Moreover, the algebraic system is never assembled, therefore the number of degrees of freedom is not limiting. An accuracy study is carried out and results are provided for classical benchmarks: the driven cavity flow, the flow between eccentric cylinders and the flow past a cylinder.
Numerical Solution of Acoustic Scattering by an Adaptive DtN Finite Element Method
Authors: Jiang Xue , Li Peijun , Zheng Weiying
Published: October 2012

Consider the acoustic wave scattering by an impenetrable obstacle in two dimensions, where the wave propagation is governed by the Helmholtz equation. The scattering problem is modeled as a boundary value problem over a bounded domain. Based on the Dirichlet-to-Neumann (DtN) operator, a transparent boundary condition is introduced on an artificial circular boundary enclosing the obstacle. An adaptive finite element based on a posterior error estimate is presented to solve the boundary value problem with a nonlocal DtN boundary condition. Numerical experiments are included to compare with the perfectly matched layer (PML) method to illustrate the competitive behavior of the proposed adaptive method.
Remote sensing of ice crystal asymmetry parameter using multi-directional polarization measurements – Part 1: Methodology and evaluation with simulated measurements
Authors: van Diedenhoven B. , Cairns B. , Geogdzhayev I. V. , Fridlind A. M. , Ackerman A. S. , Yang P. , Baum B. A.
Published: October 2012

Abstract. We present a new remote sensing technique to infer the average asymmetry parameter of ice crystals near cloud top from multi-directional polarization measurements. The method is based on previous findings that (a) complex aggregates of hexagonal crystals generally have scattering phase matrices resembling those of their components; and (b) scattering phase matrices systematically vary with aspect ratios of crystals and their degree of microscale surface roughness. Ice cloud asymmetry parameters are inferred from multi-directional polarized reflectance measurements by searching for the closest fit in a look-up table of simulated polarized reflectances computed for cloud layers that contain individual, randomly oriented hexagonal columns and plates with varying aspect ratios and roughness values. The asymmetry parameter of the hexagonal particle that leads to the best fit with the measurements is considered the retrieved value. For clouds with optical thickness less than 5, the cloud optical thickness must be retrieved simultaneously with the asymmetry parameter, while for optically thicker clouds the asymmetry parameter retrieval is independent of cloud optical thickness. Evaluation of the technique using simulated measurements based on the optical properties of a number of complex particles and their mixtures shows that the ice crystal asymmetry parameters are generally retrieved to within 5%, or about 0.04 in absolute terms. The retrieval scheme is largely independent of calibration errors, range and sampling density of scattering angles and random noise in the measurements. The approach can be applied to measurements of past, current and future airborne and satellite instruments that measure multi-directional polarized reflectances of ice-topped clouds.
Introduction to the Biogeochemistry from the Oligotrophic to the Ultraoligotrophic Mediterranean (BOUM) experiment
Authors: Moutin T. , Van Wambeke F. , Prieur L.
Published: October 2012

Abstract. The overall goal of the BOUM (Biogeochemistry from the Oligotrophic to the Ultraoligotrophic Mediterranean) experiment was to obtain a better representation of the interactions between planktonic organisms and the cycle of biogenic elements in the Mediterranean Sea (MS), in the context of global climate change and, more particularly, on the role of the ocean in carbon sequestration through biological processes. The BOUM experiment was organized around three main objectives: (1) to give a longitudinal description of the biogeochemistry and the biological diversity of the MS during the strongest stratified period, (2) to study processes at the centre of three anticyclonic eddies, and (3) to obtain a representation of the main biogeochemical fluxes and the dynamics of the planktonic trophic network. The international BOUM cruise took place between 16 June and 20 July 2008, involved 32 scientists on board, and covered around 3000 km in the MS from the south of Cyprus to Marseilles (France). This paper describes in detail the objectives of the BOUM experiment, the implementation plan of the cruise before giving an introduction of the 25 other papers published in this special issue.
Baseline characteristics of climate, permafrost, and land cover from a new permafrost observatory in the Lena River Delta, Siberia (1998−2011)
Authors: Boike J. , Kattenstroth B. , Abramova K. , Bornemann N. , Chetverova A. , Fedorova I. , Fröb K. , Grigoriev M. , Grüber M. , Kutzbach L. , Langer M. , Minke M. , Muster S. , Piel K. , Pfeiffer E.-M. , Stoof G. , Westermann S. , Wischnewski K. , Wille C. , Hubberten H.-W.
Published: October 2012

Abstract. Samoylov Island is centrally located within the Lena River Delta at 72° N, 126° E and lies within the Siberian zone of continuous permafrost. The landscape on Samoylov Island consists mainly of late Holocene river terraces with polygonal tundra, ponds and lakes, and an active floodplain. The island has been the focus of numerous multidisciplinary studies since 1993, which have focused on climate, land cover, ecology, hydrology, permafrost, and limnology. This paper aims to provide a framework for future studies by describing the characteristics of the island's meteorological parameters (temperature, radiation, and snow cover), soil temperature, and soil moisture. The land surface characteristics have been described using high resolution aerial images in combination with data from ground-based observations. Of note is that deeper permafrost temperatures have increased between 0.5 to 1 °C over the last five years. However, no clear warming of air and active layer temperatures is detected since 1998, though winter air temperatures during recent years have not been as cold as in earlier years.
Impact of precipitation intermittency on NAO-temperature signals in proxy records
Authors: Casado M. , Ortega P. , Masson-Delmotte V. , Risi C. , Swingedouw D. , Daux V. , Genty D. , Maignan F. , Solomina O. , Vinther B. , Viovy N. , Yiou P.
Published: October 2012

Abstract. In mid and high latitudes, the stable isotope ratio in precipitation is driven by changes in temperature, which controls atmospheric distillation. This relationship forms the basis for many continental paleoclimatic reconstructions using direct (e.g. ice cores) or indirect (e.g. tree ring cellulose, speleothem calcite) archives of past precipitation. However, the archiving process is inherently biased by precipitation intermittency. Here, we use two sets of atmospheric reanalyses (NCEP and ERA-interim) to quantify this precipitation intermittency bias, by comparing seasonal (winter and summer) temperatures estimated with and without precipitation weighting. We show that this bias can reach locally 6 to 10 °C and has large inter-annual variability. We then assess the impact of precipitation intermittency on the strength and stability of temporal correlations between seasonal temperatures and the North Atlantic Oscillation. Precipitation weighting reduces the correlation between winter NAO and temperature in some areas (e.g. Québec, South-East USA, East Greenland, East Siberia, Mediterranean sector) but does not alter the main patterns of correlation. The importance of the precipitation intermittency bias with respect to other processes affecting precipitation isotopic composition is further analysed using outputs of an atmospheric general circulation model enabled with stable isotopes and nudged to reanalyses (LMDZiso). In winter, LMDZiso shows similar correlation values between the NAO and both the precipitation weighted temperature and precipitation δ18O, thus suggesting limited impacts of moisture origin. Correlations of comparable magnitude are obtained for the available observational evidence (GNIP and Greenland ice core data). Our findings support the use of archives of past precipitation δ18O for past NAO reconstructions.
The GPlates Geological Information Model and Markup Language
Authors: Qin X. , Müller R. D. , Cannon J. , Landgrebe T. C. W. , Heine C. , Watson R. J. , Turner M.
Published: October 2012

Abstract. Understanding tectonic and geodynamic processes leading to the present-day configuration of the Earth involves studying data and models across a variety of disciplines, from geochemistry, geochronology and geophysics, to plate kinematics and mantle dynamics. All these data represent a 3-D spatial and 1-D temporal framework, a formalism which is not exploited by traditional spatial analysis tools. This is arguably a fundamental limit in both the rigour and sophistication in which datasets can be combined for geological deep time analysis, and often confines the extent of data analyses to the present-day configurations of geological objects. The GPlates Geological Information Model (GPGIM) represents a formal specification of geological and geophysical data in a time-varying plate tectonics context, used by the GPlates virtual-globe software. It provides a framework in which relevant types of geological data are attached to a common plate tectonic reference frame, allowing the data to be reconstructed in a time-dependent spatio-temporal plate reference frame. The GPlates Markup Language (GPML), being an extension of the open standard Geography Markup Language (GML), is both the modelling language for the GPGIM and an XML-based data format for the interoperable storage and exchange of data modelled by it. The GPlates software implements the GPGIM allowing researchers to query, visualise, reconstruct and analyse a rich set of geological data including numerical raster data. The GPGIM has recently been extended to support time-dependent geo-referenced numerical raster data by wrapping GML primitives into the time-dependent framework of the GPGIM. Coupled with GPlates' ability to reconstruct numerical raster data and import/export from/to a variety of raster file formats, as well as its handling of time-dependent plate boundary topologies, interoperability with geodynamic softwares is established, leading to a new generation of deep-time spatio-temporal data analysis and modelling, including a variety of new functionalities, such as 4-D data-mining.
Innovations and applications of the VERA quality control
Authors: Mayer D. , Steiner A. , Steinacker R.
Published: October 2012

Abstract. Quality control (QC) is seen today as an important scientific field to increase the value of observational data. Whereas most QC methods are linked to atmospheric modeling (being part of the data assimilation procedure), in this paper the focus is on the application of a model independent QC method based on data self consistency recently published: VERA-QC. A special challenge is the QC of data in complex terrain which requires special treatment in terms of data selection and data transformation. In this context, some special VERA-QC modules such as the consideration of significant elevation differences of adjacent stations or the consideration of transformed temperature values will be discussed. The system detects gross errors as well as biases and offers objective correction proposals (deviations) for each observation. The essential gross error detection is not only based on the statistical behavior of station specific deviations, but also on the rate of cost function reduction. Beside a two dimensional application, higher dimensionalities may also be chosen, for instance including the time coordinate. Applications and results are discussed for pressure, temperature as well as for precipitation data which needs, however, a very dense observation network. Real time application of VERA-QC allows the production of high quality fields of meteorological parameters, which can be used, e.g. for nowcasting as well as for model unbiased validation of prognostic models.
Effects of climate change and human activities on runoff in the Nenjiang River Basin, Northeast China
Authors: Dong L. Q. , Zhang G. X. , Xu Y. J.
Published: October 2012

Abstract. The Nenjiang River Basin (NRB) is an important grain-production region with abundant wetlands in Northeast China. Climate change and anthropogenic activities have dramatically altered the spatial and temporal distribution of regional stream discharge and water resources, which poses a serious threat to wetland ecosystems and sustainable agriculture. In this study, we analyzed 55-yr (1956–2010) rainfall and runoff patterns in the river basin to quantitatively evaluate the impact of human activities on regional hydrology. The long-term hydrologic series were divided into two periods: period I (1956–1974), during which minimum land use change occurred, and period II (1975–2010), during which land use change intensified. Kendall's rank correlation test, non-parametric Pettitt test and precipitation-runoff double cumulative curve (DCC) methods were utilized to identify the trends and thresholds of the annual runoff in the upstream, midstream, and downstream basin areas. Our results showed that the runoff in the NRB has continuously declined in the past 55 yr, and that the effects of climate change and human activities on the runoff reduction varied in the upstream, midstream and downstream area over different time scales. For the entire study period, climate change has been the dominant factor, accounting for 69.6–80.3% of the reduction in the total basin runoff. However, the impact of human activities has been increasing from 19.7% during the 1950s–1970s to 30.4% in the present time. Spatially, the runoff reduction became higher from the upstream to the downstream areas, revealing an increasing threat of water availability to the large wetland ecosystem in the lower river basin. Furthermore, the sustainable development of irrigated agriculture in the NRB will be a threat to the survival of the wetlands.
The Product Liability Directive and Rome II Article 5: ‘Full Harmonisation’ and the Conflict of Laws
Authors: Whittaker Simon
Published: October 2012

This article considers the possible relationship between EU legislation governing private international law and legislation governing substantive law in the light of recent moves towards ‘full harmonisation’ and calls for greater consistency and coherence in European law-making. For this purpose, it considers the Product Liability Directive and the special product liability provisions in Article 5 of the Rome II Regulation on the law applicable to non-contractual obligations and asks how the understanding of ‘product liability’ compares in these two instruments, especially in relation to the distinctions between public and private law, general and special regulation and contract and tort.
Brussels I and Third States: Future Imperfect?
Authors: Fentiman Richard
Published: October 2012

In December 2010 the European Commission published its long-awaited proposals for the reform of the Brussels I Regulation on civil jurisdiction and the enforcement of judgments. These concern matters of considerable practical importance. But they also expose fundamental questions about the Regulation’s proper scope, and its role in complex commercial disputes, which will persist long after the terms of the amended Regulation are settled.
Identifying an Unlawful Margin Squeeze: The Recent Judgments of the Court of Justice in Deutsche Telekom and TeliaSonera
Authors: Jones Alison
Published: October 2012

The chapter will consider what a margin squeeze is, whether it is appropriate for a competition authority to try and prevent margin squeezes using competition law rules and, if so, what tests can be used to identify an unlawful margin squeeze and to distinguish it from legitimate competition on the merits.
To Bail Out Or Not to Bail Out?—Legal Aspects of the Greek Crisis
Authors: Hofmeister Hannes
Published: October 2012

Since the precarious state of Greece’s public finances was revealed last October, efforts to save the ‘cradle of Europe’ are in full swing. Hence a huge rescue package for Greece was agreed on in April 2010. This was followed by an even larger EU Stabilisation Fund worth €750 billion for States encountering financial problems. While the economic aspects of these rescue mechanisms have been debated intensively, their legality has escaped closer examination. Rushed through parliaments as an ‘economic emergency’, the peoples of Europe were more or less presented with a ‘fait accompli’. But are these measures really legal under EU law? What about the notorious ‘no bailout’ clause? And what about the alternatives to the rescue packages: Would it have been legal to withdraw from EMU? Or to expel a State from EMU? This chapter will shed some light on these important aspects of EU law.
What is in an Index? A View from a European Orientated Lawyer
Authors: Samuel Geoffrey
Published: October 2012

Anyone familiar with French legal education will know that what a common lawyer would call the contents page to be found at the beginning (often in summary form) or at the end (often in detail) of a French textbook or monograph on law is more than a mere guide for browsers and readers. It forms le plan, that is to say the epistemological framework the intellectual importance of which is equal to the substance of the work. It is what endows the book with its scientific credibility and any thesis or textbook lacking a coherent cartesian plan will by definition lack intellectual credibility. But what of the other guide provided in many academic books, namely the index? Is this guide nothing but a guide, never to be allowed to aspire to an epistemological status like that accorded to le plan? Or is an index, with its strictly alphabetical ordering, capable of having an epistemological role?
Constitutional Identity as a Shield and as a Sword: The European Legal Order within the Framework of National Constitutional Settlement
Authors: Konstadinides Theodore
Published: October 2012

The pitfalls of the relationship between European and national judges constitute a well-travelled ground in literature, especially with regard to ‘sagas’ over the reconciliation of national sovereignty with EU law primacy. Hence, the contribution that this article is attempting to make is to explore the judicial understanding and potential of the concept of constitutional identity in the light of the newly-introduced Article 4(2) TEU by the Treaty of Lisbon, which makes it explicit that national identity encompasses constitutional specificity. A number of questions are raised and discussed. For instance: How has the Court of Justice of the European Union (CJEU) been adjudicating on issues pertaining to the constitutional identity of the Member States pre- and post-Lisbon? How far can Member States stretch the concept to avoid the tidal effect of EU law upon their legal systems? For the sake of clarity, two notions of constitutional identity are identified and presented in this article: One related to the CJEU’s case law, where ‘constitutional identity’ has been invoked by defending Member States as a qualified derogation from their EU law obligations (a ‘shield’) and another, inherent in the German Constitutional Court’s (BVerfG) use of ‘constitutional identity’ as a break to an unprecedented transfer of competences to the EU and a tool of judicial review of national implementation measures of secondary legislation (a sword). The arguments advanced hereafter suggest that the implications of identity retention as a ‘shield’ may not be far-reaching since the CJEU has, through a pragmatic use of the loyalty and proportionality principles, succeeded in reducing its effect to the bare minimum. On the other hand, as a judicial review mechanism, the German paradigm demonstrates that, as a ‘sword’, constitutional identity retention comprises, largely, a theoretical possibility. These assumptions aside, it is concluded that constitutional identity retention may provide both national judiciaries and legislatures with new opportunities to participate in trans-national constitutional development through monitoring and assessing the compatibility of the exercise of EU competence with the requirements of national constitutions.
‘A Risk of Irreparable Damage’: Interim Measures in Proceedings before the European Court of Human Rights
Authors: McCormick Pamela
Published: October 2012

Interim measures can be indicated by most international decision-making bodies which monitor compliance with human rights norms to the parties involved in the proceedings before them, in order to prevent the commission of any irreversible actions which would either preclude the proper examination of a complaint or render the final judgment meaningless. The availability of interim measures is an essential feature of any effective judicial system, particularly where fundamental rights are at stake. They play a particularly important role in proceedings before the European Court of Human Rights (‘the Court’). The volume of requests for an indication of interim measures received by the Court each year is substantial and increasing. This presents the Court with a number of legal and practical problems. This chapter examines the circumstances in which an indication of interim measures may be made, as well as the consequences of non-compliance with such an indication, although it is acknowledged that the incidence of non-compliance is low. With its recent case law, the Court has brought the existence of interim measures to the attention of a wider audience, which is desirable as only such an awareness will render the protection of Convention rights practical and effective rather than theoretical and illusory, a stated goal of the Court. However, such a wider awareness will in turn increase the volume of requests again, making it likely that the Court will in years to come have to make significant changes to the scope of requests for interim measures, as well as to its practices and procedures for considering such requests.
Transparency and Clear Legal Language in the European Union: Ambiguous Legislative Texts, Laconic Pronouncements and the Credibility of the Judicial System
Authors: Sharpston Eleanor
Published: October 2012

The legal system of the European Union generates particular problems of opacity and lack of clarity. This chapter seeks to identify some of the causes of those problems. First, the nature of the texts with which the Court of Justice deals—’Union legislation’, orders for references from national courts and submissions to the Court—is examined. Problems here include the multi-lingual and multi-cultural backgrounds of those involved in the process, vagueness in legislative drafting and lack of clarity in references and submissions placed before the Court. Secondly, the Court’s own judgments and the opinions of its Advocates General are considered. Problems here include the factors governing the drafting of a single consensus judgment and the fact that it is not always easy to strike the correct balance between speed and quality. Lastly, a number of suggestions for change are offered. The obstacles are not insuperable and improvements can be made.
Revisiting the Posted Workers Directive: Conflict of Laws and Laws in Contrast
Authors: Evju Stein
Published: October 2012

The Posted Workers Directive was controversial from the outset, and the recent case law from the Court of Justice has made it even more so. In this chapter, the backdrop, genesis, drafting and adoption of the Posted Workers Directive are first considered in turn in order to place it in its context. The Court of Justice’s case law is then considered and contrasted with this background and elaboration of the Directive as it was adopted. The present situation under the Posted Workers Directives is also compared with public international law norms, ILO Conventions and the European Social Charter, and the impact of the Directive in Scandinavia is considered. It is concluded that the case law of the Court of Justice is problematic because of the fact that a normative framework results from its decisions which impinges upon fundamental features of collective labour law and industrial relations: it both entails restrictions on the kinds of terms and conditions of employment which can be imposed, and encroaches upon freedom of collective bargaining more broadly. The autonomy of Member States is also limited and the effectiveness of national industrial relations regimes compromised, which is a highly undesirable outcome.
Exclusion, Invasion and Abuse: Competition Law and its Constitutional Context
Authors: Francis Daniel
Published: October 2012

The orthodox view of antitrust, or competition, law is that it should be interpreted and enforced purely to maximise economic efficiency. This chapter argues that it is by no means so clear that the maximization of efficiency should be the sole aim of competition law, either as a matter of common-law tradition or as a matter of ‘original’ legislative intent. Moreover, such a narrow approach neglects the important social and political components and consequences of antitrust policy and adjudication. This chapter further argues that antitrust law exhibits a striking resemblance, in many ways, to constitutional law, in particular to the extent that it constitutes a social and political response, administered by courts, to three particularly problematic applications of power—the ‘exclusion, invasion and abuse’ of the title. The first section of the chapter introduces these themes. In the second section, the exclusion-invasion-abuse model is described and the implications of each broad type of rule are explored. In the third section, the historical development of modern antitrust law is traced in order to show that the ‘pure efficiency’ standard lacks any credible historical claim to particular authority or authenticity. The fourth and final section, a brief survey of competing normative accounts of antitrust law offers in order to demonstrate the extent to which a myopic focus on efficiency can occlude the underlying policy consequences of antitrust law and policy-making.
Who Exactly Benefits from the Treaties? The Murky Interaction Between Union and National Competence over the Capacity to Enforce EU Law
Authors: Dougan Michael
Published: October 2012

The question of exactly who benefits from the Treaties, in the sense of which range of persons and bodies should be recognised as legally competent to enforce any given provision of Union law before the national courts, is surprisingly murky. This lack of clarity is due partly to the inherent complexity of the question, as well as to the complication posed by the interdependent relationship between the Union and national legal orders. The confusing approach adopted by the Court of Justice compounds the matter. This chapter discusses some observations on why this is a question which poses particular policy challenges for the Union legal order, before going on to summarise the relevant tools employed by the Court of Justice when addressing issues about the decentralised enforcement of Union law by private and public actors. It is argued that, despite the apparent confusion, it is possible to construct a workable division of labour between the role of Union law in defining its own protective scope (on the one hand) and the discretion of each Member State over access to the courts for the enforcement of Union law (on the other hand). A detailed analysis of the case law is conducted in order to identity the weakest links in the system, or at least those which suffer from the greatest degree of doctrinal and conceptual neglect. The question of who exactly benefits from the Treaties, in the sense of enjoying rights of standing to enforce Union law before the national courts, presents both surprisingly difficult challenges and promising research issues for the future.
People-Trafficking: Some Reflections on the EU Legislation, and its Implementation in the UK
Authors: Spencer John R
Published: October 2012

This chapter examines the efforts in Europe and and the UK to deal with the problem of people-trafficking. As readers will see, it is in five Sections. The first sets the scene by explaining what ‘people-trafficking’ is, and outlining the history of international attempts to repress it and to relieve its human consequences. The second describes the recent legislative attempts to deal with it in Europe, and in particular, the EU Framework Decision of 2002. The third examines the UK legislation enacted with the aim—not entirely accurate, as we shall see—of implementing it. The fourth looks at the way the UK legislation is working. And the final section concludes with two general reflections. It is based on a study carried out in 2007 for ECLAN, the European Criminal Law Academic Network. Any reader who reaches the end with a thirst for further knowledge will find further refreshment in the book that resulted from the ECLAN study, which was published earlier this year.
Administrative Law and Multi-Level Administration: An EU and US Comparison
Authors: Donnelly Catherine
Published: October 2012

The aim of this chapter is to assess what, if anything, administrative law can demonstrate about multi-level administration in the European Union and the United States. The particular focus of the examination is not on the content of administrative law in each legal order, but rather on the impact of EU and US federal administrative law on the Member States and US States respectively. It will be seen that, while US federal administrative law has primarily only influential effect on US States, EU administrative law is often binding on Member States. This observation challenges presumptions often made, particularly in political science, as to the degrees of inter-penetration in administration in the EU and the US. It will be argued that the cause of divergence is largely derived from differing judicial attitudes as to the fundamental tenets of the co-operation between the different levels of administration, and indeed, more general understandings of federalism in the two jurisdictions. In this way, this study also provides a useful prism through which to consider integration in the EU and US more broadly.