bluuebunny/crossref_metadata_2025 huggingface dataset:
Vegetation dynamics – simulating responses to climatic change
Authors: Woodward F. I. , Lomas M. R.
Published: October 2004

A modelling approach to simulating vegetation dynamics is described, incorporating critical processes of carbon sequestration, growth, mortality and distribution. The model has been developed to investigate the responses of vegetation to environmental change, at time scales from days to centuries and from the local to the global scale. The model is outlined and subsequent tests, against independent data sources, are relatively successful, from the small scale to the global scale. Tests against eddy covariance observations of carbon exchange by vegetation indicated significant differences between measured and simulated net ecosystem production (NEP). NEP is the net of large fluxes due to gross primary production and respiration, which are not directly measured and so there is some uncertainty in explaining differences between observations and simulations. In addition it was noted that closer agreement of fluxes was achieved for natural, or long‐lived managed vegetation than for recently managed vegetation. The discrepancies appear to be most closely related to respiratory carbon losses from the soil, but this area needs further exploration. The differences do not scale up to the global scale, where simulated and measured global net biome production were similar, indicating that fluxes measured at the managed observed sites are not typical globally.

The model (the Sheffield Dynamic Global Vegetation Model, SDGVM) has been applied to contemporary vegetation dynamics and indicates a significant CO2 fertilisation effect on the sequestration of atmospheric CO2. The terrestrial carbon sink for the 20th century is simulated to be widespread between latitudes 40° S and 65° N. but is greatest between 10° S and 6° N, excluding the effects of human deforestation. The mean maximum sink capacity over the 20th century is small, at 25 gCm‐2 year‐1, or approximately 1% of gross primary production.

Simulations of vegetation dynamics under a scenario of future global warming indicate a gradual decline in the terrestrial carbon sink, with the capacity to absorb human emissions of CO2 being reduced from 20% in 2000 to approximately 2% between 2075 and 2100. The responses of carbon sequestration and vegetation structure and distribution to stabilisation of climate and CO2 may extend for up to 50 years after stabilisation has occurred.
Comparative Economic Development in China and Japan
Authors: WEEDE ERICH
Published: October 2004

Three hundred years ago per capita incomes in China and Japan were about equal and fairly close to the global mean. At the end of the twentieth century Japanese per capita incomes are about as high as Western incomes and about seven times as high as Chinese incomes. How could this happen? Manchu China and Tokugawa Japan did not establish equally safe property rights for merchants and producers as the West did. But political fragmentation and feudalism within Japan provided something like checks and balances against arbitrary government which China lacked. Moreover, a similar lack of respect for merchants in both countries had more favourable consequences for early commercialisation in Japan than in China.

Japan's revolution from above led to a much earlier and faster restoration of orderly government than China's protracted decay of imperial rule first and its revolution from below thereafter. Whereas the Japanese revolution from above implied the preservation of human and social capital, the Chinese revolution from below led to a massive destruction of both. Moreover, Japanese nationalism was oriented toward the conquest of foreign markets and economic supremacy earlier than Chinese nationalism. This provided another Japanese advantage over China.

Japan began its process of catch-up with the West about hundred years earlier than China. In both countries high savings and investment as well as human capital formation contributed to growth. China was held back first by political instability and later by diluted property rights and distorted incentives. In the last quarter century, however, China has re-established incentives, opened up its economy, and established some substitute for private property rights. It has done well enough to have already overtaken the Japanese economy in size. The size gap between the two economies is likely to widen quickly, whereas the still huge gap in per capita incomes will narrow only very slowly.
News Media Coverage Influence on Japan's Foreign Aid Allocations
Authors: POTTER DAVID M. , VAN BELLE DOUGLAS
Published: October 2004

This study explores the role that news coverage plays in the allocation of Japanese development aid. Conceptually, it is expected that democratic foreign policy officials, including those working in bureaucratic governmental structures will try to match the magnitude of their actions with what they expect is the public's perception of the importance of the recipient. News media salience serves an easily accessible indicator of that domestic political importance and, in the case of foreign aid, this suggests that higher levels of news coverage of a less-developed country will lead to higher aid commitments. The statistical analysis demonstrates that the level of news coverage is a statistically significant factor in Japanese aid distributions. More significantly, the analysis demonstrates that separating grant aid from other forms of aid is critical for the empirical examination of the determinants of Japanese aid.
Japan and UN Peace Operations
Authors: ISHIZUKA KATSUMI
Published: October 2004

Japan created ‘the PKO Law’ in 1992 to provide a legal framework for international peacekeeping activities, following its financial involvement in the Gulf War of 1991. This paper argues that the PKO Law imposed certain restrictions which complicated the missions of the Japanese Self Defence Forces (SDF) and civilian personnel in operational fields. Post 11 September (2001), the Japanese government created a new legal framework for counter-terrorism and dispatched its SDF personnel to the United Nations Transitional Administration in East Timor (UNTAET) and the United Nations Mission of Support in East Timor (UNMISET).
Social Capital in Ten Asian Societies
Authors: INOGUCHI TAKASHI
Published: October 2004

On the basis of seven questions asked in the AsiaBarometer survey conducted by the author in 2003 in ten Asian societies, Uzbekistan, India, Sri Lanka, Myanmar, Thailand, Vietnam, Malaysia, China, Korea and Japan, the author analyzes the key dimensions of social capital, permeating the ten societies, (1) general trust in interpersonal relations, (2) trust in merit-based utility; and (3) trust in social system and comes up with the five groups of societies on the basis of three major dimensions of social capital and comes up with the five groups of societies (1) China and Vietnam, (2) Sri Lanka and Uzbekistan, (3) Malaysia, Myanmar and India, (4) Japan and Korea, and (5) Thailand. Conceptual examinations are also done in relation to the work done by Ronald Inglehart and Christian Weltzel and broad empirical corroborations are noted.
On the applicability of Darwinian principles to chemical evolution that led to life
Authors: Perry Randall S. , Kolb Vera M.
Published: October 2004

Chemical evolution at the primitive prebiotic level may have proceeded toward increased diversity and complexity by the adjacent possible process (originally proposed by Kauffman). Once primitive self-replicating systems evolved, they could continue evolution via Eigen's hypercycles, and by Prigogine's emergence of order at the far-from-the equilibrium, non-linear systems. We envisage a gradual transition from a complex pre-life system, which we call the transition zone. In this zone we find a mixture of complex chemical cycles that reproduce and secure energy. Small incremental changes in the structure and organization of the transition zone eventually lead to life. However, the chemical systems in this zone may or may not lead to life. It is possible that the transition to life might be the result of an algorithm. But, it is uncertain whether an algorithm could be applied to the systems in which chance plays a role.
The impact of gravitational microlensing on searches for extraterrestrial intelligence at optical wavelengths
Authors: Lazio T. Joseph W.
Published: October 2004

The search for extraterrestrial intelligence (SETI) at optical wavelengths counts photons from target stars. The rationale is that the number of photons received from a solar-type star in a nanosecond is typically much less than unity and that an excess number of photons may be indicative of a laser pulse from a technological civilization. Extreme magnification gravitational microlensing is a possible contaminant to optical SETI programs as it would increase the photon rate and could masquerade as an optical pulse. We show that extreme magnification gravitational microlensing is unimportant, both because the required amplifications are difficult to obtain and because the time scales are too large. This conclusion holds both for the case of background stars in the field of view of the target star and from objects (such as planets) orbiting the target star.
Did a gamma-ray burst initiate the late Ordovician mass extinction?
Authors: Melott A.L. , Lieberman B.S. , Laird C.M. , Martin L.D. , Medvedev M.V. , Thomas B.C. , Cannizzo J.K. , Gehrels N. , Jackman C.H.
Published: October 2004

Gamma-ray bursts (GRBs) produce a flux of radiation detectable across the observable Universe. A GRB within our own galaxy could do considerable damage to the Earth's biosphere; rate estimates suggest that a dangerously near GRB should occur on average two or more times per billion years. At least five times in the history of life, the Earth has experienced mass extinctions that eliminated a large percentage of the biota. Many possible causes have been documented, and GRBs may also have contributed. The late Ordovician mass extinction approximately 440 million years ago may be at least partly the result of a GRB. A special feature of GRBs in terms of terrestrial effects is a nearly impulsive energy input of the order of 10 s. Due to expected severe depletion of the ozone layer, intense solar ultraviolet radiation would result from a nearby GRB, and some of the patterns of extinction and survivorship at this time may be attributable to elevated levels of UV radiation reaching the Earth. In addition, a GRB could trigger the global cooling which occurs at the end of the Ordovician period that follows an interval of relatively warm climate. Intense rapid cooling and glaciation at that time, previously identified as the probable cause of this mass extinction, may have resulted from a GRB.
Pension funds and corporate governance in developing countries: what do we know and what do we need to know?
Authors: CATALÁN MARIO
Published: October 2004

Conventional wisdom holds that pension reforms from pay-as-you-go to fully funded systems spur the development of stock markets through a corporate governance channel, i.e. pension funds become large shareholders of publicly traded firms and therefore have the incentives to monitor managers and improve investor protections. This paper reviews the literature on the corporate governance channel associated with pension reforms in developing countries, and asks what we know and need to know about it. We know that pension funds are not yet large shareholders of publicly traded firms in developing countries. However, econometric results suggest that pension reforms lead to stock market development, but do not allow us to identify and separate the corporate governance channel. We know that pension reforms are followed by pro-investor legislation, but there is no convincing evidence that the pro-investor laws are enforced. We need to know more about the effects of pension reform on stock prices and performance of publicly traded firms, and whether pension fund management companies act in the best interest of pensioners. The paper also reviews the political economy explanations of the links between pension fund specific capital controls and the corporate governance channel, and suggests that there is a trade-off between the objectives of pensioners' welfare maximization, and corporate governance reform and stock market development.
Pension fund governance: expertise and organizational form
Authors: CLARK GORDON L.
Published: October 2004

Responsible for the welfare of beneficiaries, pension funds have many tasks and functions. Consequently, their governance and regulation are issues of public concern with direct bearing on the interests of stakeholders and ultimately the performance of Anglo-American financial markets. Subject to common law expectations regarding proper trustee behaviour, also important are statutory requirements regarding the equitable treatment of beneficiaries and the management of assets and liabilities. At one level, discretion is an essential attribute of the trust institution – trustees act on behalf of others not so well placed to manage their own long-term welfare because of lack of knowledge and/or ability. At another level, pension funds are presumably regulated by a well-defined purpose – the welfare of beneficiaries. In this paper, I look at the internal governance of pension funds emphasizing codes of practice, the rules and procedures for decision making, and trustee competence and expertise. While it is important to observe codes of conduct like those advocated by the OECD, there may be significant problems with any system of governance that relies upon rules and procedures. Inertia rather than innovation may be the net result. These issues are developed with reference to defined benefit and defined contribution schemes (and their variants). Ultimately, pension fund governance reflects, more often than not, its nineteenth-century antecedents rather than the financial imperatives of the twenty-first century.
The social security reform process in Italy: where do we stand?
Authors: BRUGIAVINI AGAR , GALASSO VINCENZO
Published: October 2004

A reform process is underway in Italy. Achieving financial sustainability of the social security system has been the first objective characterizing the reforms of 1990s, but these have also introduced rules which aim at a more actuarially fair system. Indeed the social security system prevailing in Italy, financed on a PAYG basis, was, at the end of the 1980s, clearly unsustainable and also extremely unfair to some group of workers, enacting a form of perverse redistribution which is typical of ‘final salary’ defined benefit systems. It was also a system characterized by strong incentives to retire early.

In this paper we briefly describe the different regimes of the Italian pension system in its recent history and focus on some aspects of the reform process taking place during the 1990s. Since economists and policy makers are still struggling to assess the results and the long-term effects of these reforms we provide both a survey of this debate and some fresh evidence on the evaluation of the policy changes. We carry out this analysis with a particular emphasis on two aspects which are relevant in the debate. On the one hand we stress the role of economic incentives and the overall fiscal implications of changing the systems as well as these incentives. On the other hand we emphasize the intergenerational considerations and the political implications of the ageing process of the Italian population. From our description it emerges that the overall design of the Italian reform is probably a good one, and yet some more steps need to be taken to speed up some of the positive effects of the reform process that, due the adverse demographic trends affecting PAYG systems as well as the political arena, could easily evaporate.
STABLE TWISTED TRACE FORMULA: ELLIPTIC TERMS
Authors: Labesse J.-P.
Published: October 2004

This paper deals with the stabilization of the contribution of elliptic elements to the geometric side of the general twisted trace formula. We extend the results of Langlands, Kottwitz and Shelstad to all elliptic elements for the general twisted trace formula.

AMS 2000 Mathematics subject classification: Primary 11F72; 11R39; 11R34
ON THE SPECTRAL DECOMPOSITION OF AFFINE HECKE ALGEBRAS
Authors: Opdam Eric M.
Published: October 2004

An affine Hecke algebra $\mathcal{H}$ contains a large abelian subalgebra $\mathcal{A}$ spanned by the Bernstein–Zelevinski–Lusztig basis elements $\theta_x$, where $x$ runs over (an extension of) the root lattice. The centre $\mathcal{Z}$ of $\mathcal{H}$ is the subalgebra of Weyl group invariant elements in $\mathcal{A}$. The natural trace (‘evaluation at the identity’) of the affine Hecke algebra can be written as integral of a certain rational $n$-form (with values in the linear dual of $\mathcal{H}$) over a cycle in the algebraic torus $T=\textrm{Spec}(\mathcal{A})$. This cycle is homologous to a union of ‘local cycles’. We show that this gives rise to a decomposition of the trace as an integral of positive local traces against an explicit probability measure on the spectrum $W_0\setminus T$ of $\mathcal{Z}$. From this result we derive the Plancherel formula of the affine Hecke algebra.

AMS 2000 Mathematics subject classification: Primary 20C08; 22D25; 22E35; 43A32
A role for rhamnolipid in biofilm dispersion
Authors: Schooling S. R. , Charaf U. K. , Allison D. G. , Gilbert P.
Published: October 2004

Biofilms are often considered as localized zones of high cell density. Quorum sensing provides a means for control of population processes and has been implicated in the regulation of biofilm activities. We present a role for quorum sensing in programmed detachment and dispersal processes. Biofilms of Pseudomonas aeruginosa PAO1 and its isogenic homoserine lactone (HSL) mutant P. aeruginosa PAO-JP2 were grown in batch culture on glass substrata; differences were found in the rate and extent of formation of biofilm. Climax communities were observed for PAO1 at 24 h. These were later accompanied by foaming, a drop in the surface tension of culture media and dispersal of the biofilm, after which no subsequent biofilm accretion occurred. PAO-JP2 cultures reformed biofilm post-detachment and did not foam. Prevention of biofilm reformation in the wild type was related to some component excreted into the culture medium. Rhamnolipid, a biosurfactant regulated by quorum sensing, was detected in PAO1 cultures. When rhamnolipid was added to freshly inoculated substrata, biofilm formation was inhibited. At 20 h, PAO1 biofilms were transferred to medium with added rhamnolipid: biofilm was relatively unaffected. Biofilm events were also studied in medium supplemented with N-butyryl-L-homoserine lactone, which is involved in the regulation of rhamnolipid synthesis. Both strains exhibited similar trends of rapid biofilm formation and dramatic changes in the rate and extent of biofilm accretion. In both cases, there was premature foaming, lowered surface tension and elevated rhamnolipid levels. A role for HSLs in maintenance of biofilm and events leading to dispersion of cells is proposed. This role would encompass dispersion but not necessarily detachment of cells from biofilm and supports a new function for rhamnolipid in pathogenesis, whereby rhamnolipid would promote the dissemination of cells from a nidus of infection.
Ultrastructure of Enterococcus faecalis biofilms
Authors: Erlandsen S. L. , Kristich C. J. , Dunny G. M.
Published: October 2004

Enterococcus faecalis is known to produce biofilms on biomaterials, but the manner in which this occurs is unknown. Herein we report that adhesion of E. faecalis in biofilms appeared to be mediated by cell wall surface projections attaching cells to the substratum. Biofilm formation was observed on the polystyrene surface of 96-well plates and also on the surface of cellulose kidney dialysis tubing used as a model for biofilm formation on catheters. Qualitative differences involved the packing of E. faecalis cells in biofilms, with greater intercellular spacing detected in the 96-well plate, whereas bacteria were tightly packed on the surface of cellulose catheters. Distribution of adherent bacterial cells accumulating on the two surfaces revealed obvious differences, with most of the bacteria attaching to the polystyrene surface as single cells or diplococci separated from neighboring organisms by intervals of uncolonized surface. In contrast, enterococci on the cellulose surface were found as multi-layer cellular aggregates or microcolonies, even when much of the total surface was free from attached bacteria. Microcolonies stained intensely for neutral hexose sugars using the periodic acid–Schiff (PAS) stain. Surface projections, presumably exopolysaccharide, anchored bacteria to the substratum and appeared to elevate the cells above the surface. These slender surface projections could be seen over the entire enterococcal cell wall, with the exception of areas adjacent to septal regions where new cell wall formation was occurring. Rod-like interconnections were also observed between adjacent diplococci. These results suggested that biofilm formation varies on different substrates and that enterococcal surface projections may be involved in E. faecalis colonization and adhesion within biofilms.
Bacterial survival and biofilm formation on conventional and antibacterial toothbrushes
Authors: Sammons R. L. , Kaur D. , Neal P.
Published: October 2004

The aim of this study was to investigate bacterial survival and biofilm formation on toothbrushes. Fifteen healthy volunteers each used a normal toothbrush and an antibacterial toothbrush of the same design for two separate 5 week periods. Bacteria were removed from the brush head by swabbing and mechanical agitation in 10ml of tryptone soya broth, cultured aerobically on selective and non-selective media, and classified by Gram staining, catalase and oxidase tests. Survival of Staphylococcus epidermidis and Pseudomonas aeruginosa was monitored in the laboratory on both types of brush over 8 days. Scanning electron microscopy was used to observe biofilm formation on antibacterial and conventional brushes used for various times. Numbers of bacteria isolated from conventional and antibacterial brushes from different individuals ranged from 8.3×103 to 4.7×106 and from 1×102 to 1.2×106 colony-forming units/ml, respectively. A larger number of bacteria were isolated from conventional brushes than from antibacterial brushes used by the same individuals but no statistically significant difference was demonstrated. No differences in the relative proportions of Gram-negative and Gram-positive rods or cocci were seen. Staphylococci, presumptive coliforms and pseudomonads were isolated from 48%, 28% and 16% of brushes, respectively. Pseudomonas aeruginosa was viable for at least 4 days on conventional, and 2–3 days on antibacterial, brushes, whilst S. epidermidis survived for 6–8 days on antibacterial and more than 8 days on conventional brushes. Biofilms formed on the heads and bristles of both conventional and antibacterial brushes. Extensive, mixed community biofilms developed after several months of use. We conclude that toothbrushes may be a reservoir of opportunistic pathogens including staphylococci and pseudomonad-like organisms and must be considered as a potential source of haematogenous infections and cross-infection.
The European Way. History, Form and Substance
Authors: Eijsbouts W.T.
Published: October 2004

Between 11 March and 29 October 2004, between Madrid and Rome, the European Constitution has turned from an uncertain possibility into a certain (albeit not full) reality. The day of the Madrid train bombs killing 190 and wounding 1500 is as inseparable from the history of the Constitution as the date of its signature, 29 October. Those events of 11 March (and the ensuing government blunders) moved the Spanish people to end the reign of Aznar's Popular Party. This in turn unblocked the Constitution talks that had got gripped, among other things, due to Spanish intransigence in December.

In several ways the particular sequence or succession of events from 11 March to 29 October can also be seen as symbolic for this particular European Constitution. Let us select three angles: an historic, a formal and a substantive one.
Human Rights: The Best is Yet to Come
Authors: Lawson Rick
Published: October 2004

Now that the EU Constitution has been adopted, one might be inclined to think that the debate on the position of human rights in the legal order of the European Union has come to an end. For more than 25 years academics and politicians have discussed the desirability of EC/EU accession to the European Convention of Human Rights and have argued for or against a separate bill of fundamental rights. That is all over now: Article I-7 of the Constitution provides for Union accession to the European Convention, whereas part II incorporates the Charter of Fundamental Rights.

It would seem, therefore, that a solid framework for the protection of human rights in the EU legal order has been put in place. The rest will be a matter of implementation: taking fundamental rights into account when drafting and executing European legislation; invoking these rights before the Court of Justice; lodging complaints with the European Court of Human Rights when the EU institutions, despite everything, failed to secure these rights. All very important, albeit that some may find the daily application of human rights not as sexy as the large constitutional questions of the past.

So is this the ‘end of history’ for human rights? Quite the opposite. The best is yet to come!
Institutional Structure: A Delicate Balance
Authors: Craig Paul
Published: October 2004

The inter-institutional balance of power within the EU is central to the new constitutional order. It is not therefore surprising that this topic, which is dealt with in Title IV of Part 1 of the Constitution, was contentious. This was evident in the process employed at the Convention. The Convention's general three-stage methodology of listening, examination, and proposal was not applied to the deliberations about institutions. There was no Working Group. The Convention discussions about institutions only began formally in January 2003. The Praesidium submitted its proposals to the Convention in April 2003. Full discussion of the draft articles concerned with institutions only occurred in the plenary session on 15-16 May 2003. There was no second reading in plenary about these articles. The Praesidium opted instead for consultations with the four constituent groups, governments, MEPs, National MPs, and the Commission, which took place on 4 June 2003. Formal text of the revised articles on the institutions only became available on 10 June, a mere three days before the concluding session on 13 June.

This short piece cannot deal in detail with the many issues concerning the institutional provisions of the Constitutional Treaty. It is designed to be a brief guide to the relevant issues
A Unified Set of Instruments
Authors: Lenaerts Koen
Published: October 2004

A powerful development by the European Constitution exists in the rationalisation of the instruments through which the Union may exercise the competences conferred upon it. This has constituted a particularly sensitive issue for the Convention. Under the EC and EU Treaties, the Union uses no less than 15 different instruments, some having the same appellation but entailing different legal effects, others being rarely used. This diversity has contributed to the development of an obscure patchwork of norms with ill-defined scope, legal effects and institutional origin. That situation consequently limits democratic control over governance at the European level.
National Parliaments and Subsidiarity: Think Twice
Authors: Peters Jit
Published: October 2004

It is a popular misunderstanding that European citizens' lack of interest in the European Union has to do with the powers of the European Parliament. These powers have been constantly strengthened over the years, but that did not enhance voters' interest in European affairs. Even with the granting of European citizenship and the introduction of the euro, voters did not get interested, as the low turnout at the elections of members of the European Parliament on June 2004 (less than 45 %) attests. These elections even saw the rise of anti-European parties in several Member States, like the Independence Party (UKIP) in the United Kingdom. These elections, however, dealt more with national issues and the confidence in national governments than with European issues.
Representation of citizens by the EP
Authors: Gerkrath Jörg
Published: October 2004

As it is obviously impossible for the modern ‘demos’ to assemble in order to take political decisions, democratic representation is an inevitable tool in large democracies. Representatives have to stand for and to act for the people as a whole. Accordingly, the principle of representative or parliamentary democracy is a fundamental constitutional principle shared by all the Member States of the Union. Democracy doubtlessly works on the national level; the Member States' decisional powers, however, are fading with the constant transfer of competences towards the European level. This leads to a system of European ‘multi-level governance’ with wide consequences for the linkage between the represented peoples of the Member States and their representatives on both national and European levels.
European Citizens' Initiative
Authors: Auer Andres
Published: October 2004

The European citizens' initiative (ECI) is a new device of participatory democracy, which has its own characteristics, unknown to date at any level of national or trans-national government. It is designed to allow the citizens to take an active role within the law-making process of the EU. The specific features of this process affect the legal nature as well as the functioning of the new participatory device. Both will depend strongly on the European law, which shall determine the procedures and conditions required for the ECI.
Federalism, Sovereignty, etc.
Authors: Roobol W.H.
Published: October 2004

For the first time in history, the aspiration to ‘an ever closer union’ between European peoples (not states) was laid down in the Treaty of Rome of 1957. The same idea has now found expression in the preamble to the Draft Treaty Establishing a Constitution for Europe: ‘Convinced that, while remaining proud of their own national identities and history, the peoples of Europe are determined to transcend their ancient divisions and, united ever more closely, to forge a common destiny’. However, as is usual in politics, the precise meaning of this formula is left unclear. Can pride of national identity and history go together with the forging of a common destiny? Without trying to answer this question, this short article looks at whether (a) European history, (b) the wording of the proposed treaty itself and (c) the international context can give some clues as to where forging a common destiny between the peoples of Europe might lead in a constitutional sense. Will the Union develop into a more or less centralised entity that resembles a state or will it remain the rather loose and open conglomeration of states it presently is?
European v. National Constitutions
Authors: Pernice Ingolf
Published: October 2004

In federal systems public authority is established by the people and exercised for the people at two levels. The treaties establishing the European Union may be conceptualised as the constitution of a supranational public authority, part of a federal system. And what the European Convention has submitted to the European Council to agree upon is an attempt to give this constitution a more coherent, more complete and more appealing form. The new ‘Constitution for Europe’ will be concluded, formally, by an international treaty. But governments and national parliaments will do this on behalf of the citizens of the Union, and insofar as national Constitutions provide for a referendum, the citizens will directly be involved. This Constitution will, therefore, like national constitutions, draw its legitimacy from the people, citizens of the polity, through their constitutional representatives. Legitimacy obtained is similar to that sought for a regular treaty but specific due to the contents and the explicit constitutional claim of the instrument.
Primacy of Union Law
Authors: Reestman Jan Herman
Published: October 2004

One of the legal cornerstones of ‘formal federalism’ is the capacity of any rule of EC Law to override any rule, including those of constitutional rank, of the Member States. The primacy doctrine has been introduced by the Court of Justice in Costa v. ENEL (1964). It can be read in two ways. In the first place it may be held to imply the supremacy of Community law, i.e., the idea that Community law has a higher rank than even the national constitutions and is hierarchically superior to it, as the Court itself sometimes has expressed it (Simmenthal, 1978). This may be called the existential reading. Alternatively, there is a more modest interpretation implying mere practical priority or precedence, as in traffic rules. For this practical interpretation there are equally arguments to be found in the Court's case-law: the aims of the EC-treaty cannot be accomplished if domestic law were to prevail over Community law.
Subsidiarity, Politics and the Judiciary
Authors: Koopmans Tim
Published: October 2004

Since the Maastricht Treaty of 1992, the principle of subsidiarity is to govern the exercise of powers between the European Community and the Member States in areas that do not fall within the exclusive competence of the Community. According to the treaty provision, the principle means that the Community can only take action if and insofar as the objectives of the proposed action cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the proposed action, be better achieved by the Community. A similar provision is now part of the draft ‘European Constitution’ 2003; it merely adds that Member State action can be taken at the national, the regional and the local level. Even without this useless supplement, the definition of subsidiarity looks fairly complicated.
The Purse and the Power
Authors: Eijsbouts W.T.
Published: October 2004

Purse power has been a hot item throughout the Union's history and was again much fought over during the Convention and the Intergovernmental Conference. The Constitution has indeed produced a number of significant changes. What makes the subject so hot? It is not just the money. The Union's budget is no more than that of a single smaller Member State. Most of the expenses are, moreover, fixed. That the budget should be so hot is probably because fighting over money is a good test of strengths generally (with a neat and immediate outcome). This explains the role the purse has always played in constitutional history. True to the grand tradition then, as soon as the European Parliament was given powers in the matter (1975) and got directly elected (1979), it had fights over the EU budget. This was mainly a wedge to break a share for itself in the legislative process. In the years that followed, it has in fact gained more legislative than financial powers. And the Union has been kept short, not on legislative powers but on money.
EMU and Central Bank: Chances Missed
Authors: Kapteyn P.J.G.
Published: October 2004

Both the EU- and the EC-Treaties refer in prominent places to the establishment of economic and monetary union (Articles 2 EU and EC). This union is mentioned as one of the principal means of achieving the Union's and the Community's economic and social objectives. Such a prominent place is not allotted it in the Constitution. In its effort to separate the basic provisions from the other provisions in the treaties, the Convention decided to retain only the European Union's objectives in the actual constitutional part. The concrete activities pertaining to the economic and monetary union, as well as its ‘guiding principles’ of stable prices, sound public finances and monetary conditions and a sustainable balance of payments were relegated to Part III that deals with the Union's policies.
Adoption, Ratification and Entry Into Force
Authors: Auer Andreas
Published: October 2004

The provision relating to the adoption, ratification and entry into force of the Treaty establishing the Constitution for Europe is probably one of the most difficult ones, both in legal and political terms. It is supposed to define the legal nature and quality of the entire EU process in its present and future phase. There is an inherent ambiguity about the legal nature of the treaty, which is already apparent in the title, and there are profound political implications as well. Is the Treaty establishing a Constitution for Europe a treaty or a constitution? Can it be both or neither? These are hard questions indeed.
Revision
Authors: de Witte Bruno
Published: October 2004

Many proponents of the Constitutional Treaty admit that this document is far from perfect, indeed quite disappointing in many respects, but argue that the Treaty should be seen as a step in the long process of European integration rather than an end-point. It will be possible to learn from the failings of the new Treaty and correct them later on, just like this Treaty itself has corrected some of the mistakes, and fill in some of the blanks left by earlier Treaty revisions.
Psychosocial Factors Associated with Quality of Life Among Individuals Attending Genetic Counseling for Hereditary Cancer
Authors: Carlsson Anniken Hamang , Bjorvatn Cathrine , Engebretsen Lars Fredrik , Berglund Gunilla , Natvig Gerd Karin
Published: October 2004

The aim of this multicenter study was to explore associations between psychosocial factors (general self‐efficacy, perceived availability of social support, cancer‐related distress) and health‐related quality of life, among individuals at risk for hereditary cancer. One‐hundred and twenty one participants with a family history of breast‐cancer or colorectal cancer answered a questionnaire 2–4 weeks prior to genetic counseling. The two dimensions of the health‐related quality of life measure, mental and physical health were both used as outcome variables. Multiple regression (linear) analyses revealed that increasing degrees of cancer‐related distress was related to decreasing degrees of mental health whereas increasing degrees of self‐efficacy and social support were related to increasing degrees of this outcome variable. Self‐efficacy, self‐esteem support and tangible aid seemed to moderate the relationship between cancer‐related distress and mental health. These results suggest that self‐efficacy and certain resources of social support buffer the negative association between cancer‐related distress and mental health, and might be suitable for interventional efforts. Implications for genetic counseling practice are discussed.
Mapping the geometry and geographic distribution of a very low velocity province at the base of the Earth's mantle
Authors: Wang Yi , Wen Lianxing
Published: October 2004

We determine the geometry and geographic distribution of a very low velocity province (VLVP) at the base of the Earth's mantle beneath the South Atlantic and Indian Oceans, based on waveform modeling and travel time analysis of seismic data recorded in Africa. Our data sets consist of SH, ScS, SHdiff, SKS, and SKKS phases recorded at two temporary broadband PASSCAL seismic arrays in Africa, the Tanzania array (1994–1995) and the Kaapvaal array (1997–1999), and differential travel time residuals of the ScS‐SH phases recorded at the Global Seismographic Network (GSN). These seismic data constitute reasonably good sampling coverage for determining the geographic boundary of a very low velocity province in the South Atlantic and Indian Oceans. The boundary is well determined in the eastern, western, and southern portions but relatively poorly constrained in the northern portion because of the nature of the seismic data. The VLVP exhibits an “L‐shaped” form, changing from a north‐south orientation in the South Atlantic Ocean to an east‐west orientation in the Indian Ocean. It occupies an area of about 1.8 × 107 km2 at the core‐mantle boundary and a volume of about 4.9 × 109 km3. At least a 4% uncertainty exists in the area estimate, and a 20% uncertainty exists in the volume estimate. Waveform modeling and travel time analysis suggest that the VLVP has rapidly varying thicknesses from 300 to 0 km, steeply dipping edges, and a linear gradient of shear velocity reduction from −2% (top) to −9% to −12% (bottom) relative to the preliminary reference Earth model, consistent with previous results. These structural and velocity features unambiguously indicate that the VLVP is compositionally distinct.
Permeability evolution during localized deformation in Bentheim sandstone
Authors: Vajdova Veronika , Baud Patrick , Wong Teng‐fong
Published: October 2004

Strain localization in porous sandstones may significantly impact the regional fluid flow. Previous laboratory studies that investigated permeability evolution with deformation concentrated primarily on shear localization and distributed cataclastic flow. Here we focus on compaction bands, a localized mode of deformation characterized by compaction and negligible shear. In this study we used Bentheim sandstone with porosity 23%, where discrete compaction bands have been observed to develop subperpendicular to the maximum principal stress. To investigate coupling between strain localization and permeability, we conducted permeability measurements during triaxial loading at confining pressures ranging from 10 to 350 MPa and microstructural observation on failed samples. Two types of failure were identified: shear localization and compaction localization at low and high effective pressures, respectively. For both failure modes the bulk permeability decreased with deformation. A dramatic decrease of more than one order of magnitude was associated with compaction localization, where permeability reduction occurred over a relatively narrow range of axial strain with the onset of shear‐enhanced compaction. Motivated by our microstructural observations, we modeled the permeability reduction of the failed sample as that of a layered medium with significant permeability contrast between the discrete bands and matrix. The model reproduced the experimental observations of permeability evolution during development of discrete compaction bands, with implications for the amount of localized strain and the permeability contrast. Permeability evolution during development of discrete and diffuse compaction bands suggests two different trends with strain, providing guidance for extrapolation of laboratory measurements to field settings.
Using generalized cross‐validation to select parameters in inversions for regional carbon fluxes
Authors: Krakauer Nir Y. , Schneider Tapio , Randerson James T. , Olsen Seth C.
Published: October 2004

Estimating CO2 fluxes from the pattern of atmospheric CO2 concentrations with atmospheric transport models is an ill‐posed inverse problem, whose solution is stabilized using prior information. Weights assigned to prior information and to CO2 concentrations at different locations are quantified by parameters that are not well known, and differences in the choice of these parameters contribute to differences among published estimates of the regional partitioning of CO2 fluxes. Following the TransCom 3 protocol to estimate CO2 fluxes for 1992–1996, we find that the partitioning of the CO2 sink between land and oceans and between North America and Eurasia depends on parameters that quantify the relative weight given to prior flux estimates and the extent to which CO2 concentrations at different stations are differentially weighted. Parameter values that minimize an estimated prediction error can be chosen by generalized cross‐validation (GCV). The GCV parameter values yield fluxes in northern regions similar to those obtained with the TransCom parameter values, but the GCV fluxes are smaller in the poorly constrained equatorial and southern regions.
The Waiouru, New Zealand, earthquake swarm: Persistent mid crustal activity near an active volcano
Authors: Hayes Gavin , Reyners Martin , Stuart Graham
Published: October 2004

A persistent swarm of earthquakes occurs 25 km southeast of the summit of Mt Ruapehu, an active volcano in the central North Island of New Zealand. 319 swarm events recorded during a six‐month seismograph deployment in 2001 have been relocated using the double‐difference technique. The relocated events define a vertical sheet in the mid crust, with most activity 11–21 km deep. Both focal mechanisms and a stress inversion indicate strike‐slip motion for the swarm events, in contrast to the normal faulting seen on a parallel active fault mapped at the surface. Various lines of evidence suggest the swarm is of tectonic origin and due to fluid movement. It currently reflects the regional stress field rather than local stresses related to volcanic activity at Mt Ruapehu. Nevertheless, changes in the activity of the swarm appear to correlate with eruptions, and the swarm appears to have potential as a stress meter for monitoring nearby volcanic activity.
Abrupt termination of Indian Ocean dipole events in response to intraseasonal disturbances
Authors: Rao Suryachandra A. , Yamagata T.
Published: October 2004

We have investigated the role of atmospheric intraseasonal disturbances on termination of the Indian Ocean Dipole (IOD) using multiple datasets. We observed significant 30–60 day atmospheric disturbances associated with equatorial westerly zonal winds prior to termination of all IOD events except for the 1982 and 1997 events. The westerlies excite anomalous downwelling Kelvin waves that terminate the basin‐wide coupled processes by warming the eastern Indian Ocean. The 1982 and 1997 IOD events coincide with the strongest El Niño events; during those years the intraseasonal disturbances are weak.
On the origins of self‐potential (SP) anomalies induced by water injections into geothermal reservoirs
Authors: Darnet Mathieu , Maineult Alexis , Marquis Guy
Published: October 2004

Stimulated fluid flow in geothermal reservoirs can produce surface Self‐Potential (SP) anomalies of several mV. A commonly accepted interpretation involves the activation of electrokinetic processes. However we can not rule out electrochemical or electrothermal processes generated by the differences in chemical composition and temperature between the in‐situ and injected fluids. We analyzed the relative contribution of electrokinetic, electrochemical and electrothermal potentials to the SP anomalies observed above the Soultz‐sous‐Forêts geothermal reservoir while injecting cold fresh water. We found that electrokinetic effects were dominant during the stimulation phase (injection rates larger than 30 kg s−1) and that electrochemical and electrothermal effects became significant at small injection rates (less than 10 kg s−1) and after shut‐in.
Intercomparison of direct and indirect measurements: Michelson Interferometer for Passive Atmospheric Sounding (MIPAS) versus sonde ozone profiles
Authors: Migliorini Stefano , Piccolo Chiara , Rodgers Clive D.
Published: October 2004

The theoretical characterization of the specific relation between a measurement and the physical quantities we want to determine, along with an assessment of the accuracy of the instrument, form the instrument model. In order to check whether the instrument model is correct, the measurements need to be compared with independent measurements whose characterization and error analysis is better understood. A remote sounding instrument provides measurements that are indirectly related to the atmospheric state. In this paper a general technique for comparing indirect with direct measurements is discussed, applicable to remote sounding measurements obtained using both optimal estimators and maximum likelihood methods. A specific application to validation of Michelson Interferometer for Passive Atmospheric Sounding (MIPAS) ozone retrievals using ozonesondes during winter 2002–2003 is described. No significant bias between the two instruments and a confirmation of the theoretical MIPAS accuracy assessment, after a discussion of specific comparisons, were found.