bluuebunny/crossref_metadata_2025 huggingface dataset:
QTLs Associated with Resistance to Cardiomyopathy Syndrome in Atlantic Salmon
Authors: Boison Solomon , Ding Jingwen , Leder Erica , Gjerde Bjarne , Bergtun Per Helge , Norris Ashie , Baranski Matthew , Robinson Nicholas
Published: July 2019

Cardiomyopathy syndrome (CMS) caused by piscine myocarditis virus is a major disease affecting the Norwegian Atlantic salmon industry. Three different populations of Atlantic salmon from the Mowi breeding program were used in this study. The first 2 populations (population 1 and 2) were naturally infected in a field outbreak, while the third population (population 3) went through a controlled challenged test. The aim of the study was to estimate the heritability, the genetic correlation between populations and perform genome-wide association analysis for resistance to this disease. Survival data from population 1 and 2 and heart atrium histology score data from population 3 was analyzed. A total of 571, 4312, and 901 fish from population 1, 2, and 3, respectively were genotyped with a noncommercial 55,735 Affymetrix marker panel. Genomic heritability ranged from 0.12 to 0.46 and the highest estimate was obtained from the challenge test dataset. The genetic correlation between populations was moderate (0.51–0.61). Two chromosomal regions (SSA27 and SSA12) contained single nucleotide polymorphisms associated with resistance to CMS. The highest association signal (P = 6.9751 × 10−27) was found on chromosome 27. Four genes with functional roles affecting viral resistance (magi1, pi4kb, bnip2, and ha1f) were found to map closely to the identified quantitative trait loci (QTLs). In conclusion, genetic variation for resistance to CMS was observed in all 3 populations. Two important quantitative trait loci were detected which together explain half of the total genetic variance, suggesting strong potential application for marker-assisted selection and genomic predictions to improve CMS resistance.
The CETA Opinion of the European Court of Justice and its Implications—Not that Selfish After All
Authors: Riffel Christian
Published: July 2019

In Opinion 1/17, the European Court of Justice (ECJ) found the investment court system compatible with European Union (EU) law. The ruling concerned the mechanism in the Comprehensive Economic and Trade Agreement (CETA) but the Court’s reasoning is equally applicable to other investment courts as established, for example, in the EU’s investment protection agreements with Singapore and Vietnam. This outcome was far from clear, given that in the past the accession to international dispute settlement bodies regularly foundered on the autonomy of the EU legal order. The present article parses the CETA Opinion and explores its implications. It particularly focuses on autonomy as a constitutional principle and its advancement in Opinion 1/17. Importantly, the ECJ accepted the superiority of a court created by international agreement in relation to the said agreement. Furthermore, it clarified that it is not prerequisite for the Court to rule first on the meaning to be given to an act of EU law before that act can be the subject matter of an investment dispute. Finally, the pdrerogative of the EU to autonomously set the level of protection of a public welfare goal must be secured in a treaty for the EU to join it.
Safety and efficacy of mucosal immunotherapy using human papillomavirus (HPV) type 16 E7-expressing Lactobacillus-based vaccine for the treatment of high-grade squamous intraepithelial lesion (HSIL): the study protocol of a randomized placebo-controlled clinical trial (MILACLE study)
Authors: Ikeda Yuji , Uemura Yukari , Asai-Sato Mikiko , Nakao Takehiro , Nakajima Takahiro , Iwata Takashi , Akiyama Azusa , Satoh Toyomi , Yahata Hideaki , Kato Kiyoko , Maeda Daichi , Aoki Daisuke , Kawana Kei
Published: July 2019

This is a concept paper of multicenter, placebo-controlled, double-blind randomized phase I/II trial to test the safety and efficacy of IGMKK16E7 for patients with HPV16-positive high-grade squamous intraepithelial lesion.
The Colonization of Necrophagous Larvae Accelerates the Decomposition of Chicken Carcass and the Emission of Volatile Attractants for Blowflies (Diptera: Calliphoridae)
Authors: Recinos-Aguilar Yensy María , García-García Maria Dolores , Malo Edi A , Cruz-López Leopoldo , Rojas Julio C
Published: July 2019

The decomposition of a living being involves a series of changes produced by a number of interacting abiotic and biotic factors. In this study, we analyzed the effect of the colonization of blowflies on the decomposition of chicken carcasses and on the emission of sulfur compounds. The loss of the mass of carcasses and the release rate of sulfur compounds were compared for 30 d in chicken carcasses with and without blowflies in field conditions. The tissue degradation was slower in the carcasses without insects compared to those colonized by blowflies. The decomposition stages of fresh, bloated, active decay, and advanced decay were observed in the carcasses without flies; while the decomposition stages of fresh, active decay, advanced decay, and dry remains were identified in carcasses with flies. Two sulfur compounds, dimethyl disulfide and dimethyl trisulfide, were present during the entire decomposition process. The emission of these compounds is not directly associated with the presence of the blowflies’ immature stages during the whole decomposition process. However, in cadavers with insects, the highest emission of both compounds occurred in day 2, while in cadavers without insects, the peak of emission was observed in day 4. In addition, the presence of the larval stages I and II of Lucilia eximia (Wiedemann, 1819) (Diptera: Calliphoridae), Chrysomya rufifacies (Macquart, 1842) (Diptera: Calliphoridae), Chrysomya megacephala (Fabricius, 1794) (Diptera: Calliphoridae), and Cochliomyia macellaria Fabricius, 1775 (Diptera: Calliphoridae) matched with the peak of emission of both compounds.
Dietary and Exercise Interventions for Pediatric Oncology Patients: The Way Forward
Authors: Esbenshade Adam J , Ness Kirsten K
Published: July 2019

This review focuses on diet and exercise interventions that have been conducted in pediatric cancer and pediatric stem cell transplant patients. It examines the different reasons for conducting lifestyle interventions with attention to the different outcome measurements and feasibility of these measures with an argument toward a need for standardization to move the field forward.
Treaty-Making at the United Nations
Authors: Mathias Stephen
Published: July 2019

Beginning in the mid-1970s, the UN General Assembly conducted a review of the multilateral treaty-making process. A 1980 Report of the Secretary-General on this review concluded that there was “extensive diversity” among the various procedures that had been utilized in treaty-making processes, including whether such processes made use of established entities or were ad hoc in nature, the extent to which this involved expert or representative bodies, and the extent of the involvement of the General Assembly. The only generalization that was seen to be possible was that such processes almost always involved a multistage process. This chapter assesses the conclusions of the Secretary-General’s 1980 Report in light of the practice of the intervening years, focusing, in particular, on the role of the Secretariat in the treaty-making process, and adopting for the purposes of its analysis the five stages in the multilateral treaty-making process as identified in the Secretary-General’s 1980 Report: initiation of treaty-making, formulation of multilateral treaties, adoption of multilateral treaties, post-adoption concerns, and supplementing and updating treaties. This chapter also briefly discusses other treaty-making activities of the Secretariat.
The Place of Treaties in the Codification and Progressive Development of International Law
Authors: Gaja Georgio
Published: July 2019

Codification of international law may be pursued by various methods. This contribution analyzes advantages and disadvantages of codification conventions. Treaties defined as codification conventions express customary rules in a revised form. They often contain provisions that cover matters not previously regulated or that supplement or specify existing rules. Whether a treaty displaces a customary rule in the relations between the states that are parties generally is a matter of interpretation of the relevant treaty. The limited number of ratifications of codification conventions that have entered into force raises problems concerning the relations between these conventions and customary rules. The present contribution also examines the consideration by the International Court of Justice of the relations between codification conventions and customary rules. In many cases, the Court has not provided reasons for concluding that the content of the customary rule corresponds to that of a provision in the codification convention. In recent years, the General Assembly has often chosen not to promote a codification convention, but there is no good reason for abandoning recourse to an instrument that has significantly contributed to the development of international law in several areas.
Environment and Sustainable Development
Authors: Cordonier Segger Marie-Claire , Harrington Alexandra
Published: July 2019

This chapter considers the UN contributions to treaty-making in practice on the environment and sustainable development. It begins with a brief survey of the crafting and “clustering” of multilateral environmental agreements as international responses to emerging global environmental problems. Specifically, this chapter considers the role of the UN in this process, focusing on successive waves of treaty-making over recent decades. It suggests that the UN has played a very important role in negotiations in this field, and continues to serve as a crucial and valuable actor in the implementation and refinement of these treaties and the broader problem-based clusters, in spite of very limited resources. This chapter identifies several key treaties that address a selection of the Sustainable Development Goals (SDGs,) leading to a concluding consideration of how international accords in this field are, in turn, contributing to the UN Charter. It suggests that, without the UN-facilitated treaties, many SDGs could be considered “hollow,” dependent on voluntary collaborations, and devoid of reliable regimes to achieve their targets. Not all relationships are equally integrated. Fragmentation, duplication, unintended overlapping of obligations or even conflicts may exist. As international governance becomes more sophisticated and complex, these interrelated instruments can be negotiated, implemented, and interactionally refined across multiple nested levels. To this end, this chapter argues that adoption of the SDGs may support greater coherence across the UN system.
Trade and Development
Authors: Mbengue Makane Moïse
Published: July 2019

This chapter describes and analyzes the UN’s contribution to the field of trade and development. Despite UN treaty-making being scarce in this area, the Organization has played a decisive role in the building and shaping of the multilateral trading system. In particular, the United Nations Conference on Trade and Development (UNCTAD) has allowed for a better integration of developmental concerns within multilateral trade. In addition to these aspects of direct influence by the UN, it has also had some indirect impact on the construction of the jurisprudence in the context of the WTO dispute settlement system.
Intellectual Property
Authors: Kwakwa Edward
Published: July 2019

The international intellectual property (IP) system remains one of the areas of law in which norm-setting through the treaty method is at its most prolific. This chapter discusses the trend of prolific treaty-making in IP, a trend that is at variance with the generally slow pace of treaty-making in other areas of international law. It reviews norm-setting through treaty-making in the IP field and discusses the historical and political forces that have shaped the international IP system today. The IP system nevertheless needs to adopt non-treaty means of norm-setting or international cooperation. Certain platforms and other non-treaty means are in vogue now and will likely increasingly be used in the IP setting. This chapter also describes some of the new and innovative means of non-treaty forms of international cooperation in the IP arena, and ends with the prediction that the multilateral system of cooperation in IP will continue to be enhanced through a combination of treaty and non-treaty forms of collaboration.
Negotiating the UN Convention on the Law of the Sea
Authors: Koh Tommy
Published: July 2019

The United Nations Convention on the Law of the Sea (UNCLOS) applies to 70 percent of the earth’s surface, creating a legal order for the world’s oceans. It promotes peace and cooperation. It supports the peaceful settlement of disputes and the rule of law. This chapter offers a practitioner’s account of the negotiating process that led to the adoption of UNCLOS, based on the author’s experience as President of the Third UN Conference on the Law of the Sea. Among the distinctive features of that Conference were (1) the treaty-making conference began without a draft and used a single negotiating text, (2) the role of unofficial private negotiating groups, and (3) the avoidance of voting. These features proved vital to the success of the Conference.
Participation of International Organizations in UN Treaties
Authors: Klabbers Jan
Published: July 2019

This chapter addresses some of the complexities of having regional economic integration organizations (above all the European Union) participate in treaty-making under UN auspices. Discussing conceptual matters such as how participation can take place (as full member, as observer, or anything in-between), it delves into some of the relevant legal issues on both sides of the equation: on the part of the regional economic integration organization as well as on the part of the UN and specialized agencies, devoting some attention to the solutions agreed upon within the framework of the Food and Agricultural Organization when it admitted the EU as a member in its own right. These include the delegation and distribution of treaty-making powers, negotiating mandates, and the like, as well as some practical matters. The discussion is situated against a backdrop of functionalist theorizing about the law of international organizations.
Value in Comparative Environmental Law—3D Cartography and Analytical Description
Authors: Lees Emma
Published: July 2019

This chapter explains the use of our three-dimensional but zoomed-out cartography—referred to as ‘model-thinking’—to identify, map, and organize the building blocks of environmental law. It begins with an overview of instrumentalism in legal analysis, taking into account the cultural contribution of rule of law and how it may clash with instrumental use of law. It then examines three challenges that the cartographical approach may encounter and shows how to avoid them. The chapter goes on to emphasize how legal culture shapes environmental protection, and environmental law more broadly. It also explores attitude towards compliance as part of legal culture, ‘rights-based’ thinking in legal culture, and the constitutionality of environmental law before concluding with a discussion of the importance of model-thinking in terms of adding value as a mode of legal analysis in the context of national environmental law.
Australia
Authors: Fisher Douglas
Published: July 2019

This chapter examines the structure and substance of environmental law in Australia. It begins with a discussion of how powers are distributed in environmental governance in Australia, taking into account the law’s constitutional basis, and more specifically the division of legislative capacity between the states and the Commonwealth, as well as the relationship between Commonwealth and state legislation in practice. It then considers environmental protection, with a focus on protection from pollution and harm, conservation of environmental values, and the emergence of a complex system to facilitate ecologically sustainable development. It also analyses the implementation framework for Australian environmental law, emphasizing the importance of credible information and analysis in making decisions about the future use of the environment and about past actions impacting on it. Finally, it explores the nature of sanctions and remedies, including compliance with liability rules and decision-making rules as well as the nature of environmental litigation.
Brazil
Authors: Benjamin Antonio Herman , Bryner Nicholas
Published: July 2019

This chapter examines Brazil’s environmental law. It first provides an overview of Brazil’s constitutional structure as it relates to federalism and the environment, taking into account how the Constitution grants federal (and state) ownership of and power to manage certain natural resources. It then considers the structure and substance of environmental law in Brazil, focusing on the major bodies of law such as the National Environmental Policy Act of 1981, the Forest Code (2012), and those dealing with protected areas, environmental crimes, water, climate change, and solid waste. The chapter goes on to discuss the implementation framework for Brazil’s environmental law, including administrative and judicial bodies, as well as the special and important role of environmental public prosecutors and the judiciary. Finally, it analyses the application of law in combating unsustainable deforestation and land use changes in the Amazon.
Canada
Authors: Wood Stepan
Published: July 2019

This chapter surveys Canadian environmental law, including the allocation of environmental powers, the choice of regulatory models, and the implementation of environmental laws. Notable Canadian accomplishments include broad municipal powers, pioneering experimentation with sustainability assessment, North American leadership on carbon taxes, and a history of innovation with indigenous land claims. Overall, however, the chapter challenges Canada’s image as an environmental law leader, documenting its timid version of environmental federalism, generally conservative judiciary, limited policy imagination, feeble pursuit of environmental justice, excessive levels of administrative discretion, frequent bouts of deregulation and fiscal austerity, and largely rhetorical embrace of environmental rights, the polluter-pays principle, the precautionary principle, and sustainable development. Against this background, Canadian indigenous peoples are vigorously reasserting their environmental sovereignty and laws. Reconciliation between settler and indigenous societies is amongst the greatest challenges and opportunities facing Canadian environmental law today.
The European Union
Authors: Gehring Markus , Phillips Freedom-Kai , Lees Emma
Published: July 2019

This chapter examines the environmental law of the European Union. It first provides an overview of the early development of EU environmental law and its Treaty bases before discussing the structure and substance of EU environmental law. In particular, it considers both the transversal elements of environmental law (environmental principles, access to information and justice, environmental impact assessment, principles of liability) and its regulation of various areas such as chemicals/waste, water, conservation, air pollution, and climate change. It also explores the EU’s indirect and other influences on the environmental law of its Member States, as well as the implementation framework for the EU environmental law. The chapter concludes with an analysis of the administration of European environmental law, with emphasis on the role of Member States in administrative enforcement and the role of the Court of Justice of the European Union in the development of environmental policy across the EU.
France
Authors: Neyret Laurent
Published: July 2019

This chapter examines the important aspects of environmental law in France. It first provides an overview of how powers are allocated with regards to environmental law in France, with particular emphasis on the major trends in the construction of environmental law such as its codification and constitutionalization and the expansion of environmental governance to private law instruments. The discussion then turns to the structure and substance of environmental law in France, taking into account private and public law instruments used in environmental protection. The chapter also analyses the application of environmental rules through the central government, local governments, specialized agencies, and courts. Finally, it looks at some selected issues which have been recently addressed in French environmental law, including the application of the precautionary principle, the remediation of ecological damage, the protection of the environment through criminal law, and the role of the private sector in protecting the environment.
India
Authors: Desai Bharat H. , Sidhu Balraj K.
Published: July 2019

This chapter examines the state of India’s environmental law. It first provides an overview of the allocation of powers with respect to environmental protection in India, taking into consideration the relevant constitutional provisions, before discussing the structure and substance of environmental law. In particular, it explores sectoral policy frameworks that complement the legislative provisions, along with a number of important laws that deal with environmental issues, including the Water (Prevention and Control of Pollution) Act of 1974, the Wildlife (Protection) Act of 1972, the Forest (Conservation) Act of 1980, the Environment (Protection) Act of 1986, and the Public Liability Insurance Act of 1991. The chapter concludes with an analysis of the implementation framework for Indian environmental law, with emphasis on the role of the Ministry of Environment, Forests, and Climate Change; the Central Pollution Control Board; State Pollution Control Boards (SPCBs); and the judiciary.
Indonesia
Authors: Butt Simon , Murharjanti Prayekti
Published: July 2019

This chapter examines the environmental law of Indonesia. It first provides an overview of the allocation of powers with respect to Indonesia’s environmental law, taking into account the constitutional basis of environmental protection and the Ministry of Environment’s devolution of powers for managing the environment. The chapter then considers the structure and substance of environmental regulations as they apply to pollution control and hazardous waste, air pollution and climate change, and marine and fisheries. It concludes with an analysis of the implementation framework for environmental law, focusing on the creation of the Ministry of Environment and Forestry via the merger of the Ministry of Environment and Ministry of Forestry. Judicial enforcement of environmental law is also explored, with emphasis on the role of certified judges assigned to the general and administrative courts, judicial decisions and enforcement, judicial review in the Constitutional Court, judicial reasoning, and enforcement of Constitutional Court decisions.
Atmospheric Pollution
Authors: Montini Massimiliano
Published: July 2019

This chapter examines atmospheric pollution legislation from a comparative perspective. It begins with a discussion of the definition and legal boundaries relevant to atmospheric pollution, citing a few events which raised the attention on air pollution issues in different national jurisdictions. It then provides a brief overview of the regulatory regime for air pollution that exists at the international level before analysing air pollution control in a transboundary context. It also compares three models of regulatory intervention and areas of activity: the European Union, the United States, and China. In particular, it describes the most relevant features contained in the legislation developed within those three jurisdictions to address air pollution. Finally, it explores four air pollution issues in the European Union, the United States, and China, namely: the regulatory system for air pollution control, legislative approach to air pollution control, instrument choice, and the role of courts.
Environmental Regulation of Freshwater
Authors: Tarlock Dan
Published: July 2019

This chapter examines the environmental regulation of freshwater in both developed and developing countries. It first provides a historical background on the evolution of legal systems in developed and developing countries to address water pollution, including the emergence of the construct ‘normative river’, before discussing three water conservation regimes: the regulation of waste discharges into streams and lakes; the establishment of minimum or base flows in streams and levels in lakes; and the protection of wetlands connected to surface water bodies from loss through conversion to non-wetland cultivated or developed land. The basic instruments used in water pollution control are considered, along with national versus international regulation of waste stream discharges, reduction of effluent discharges, the growing recognition of environmental flows in national and international law, and the principle of equitable and reasonable utilization. The chapter concludes with an analysis of trends in the environmental regulation of freshwater.
Climate Change and Energy Transition Policies
Authors: Gundlach Justin , Gerrard Michael B.
Published: July 2019

This chapter focuses on policies designed to mitigate and adapt to climate change and policies that encourage transition away from fossil fuels and toward greater energy efficiency and low- or non-emitting energy sources. It describes categories into which countries’ legal and policy approaches to climate change and energy transition can be divided and illustrates them with select examples from various jurisdictions. The chapter also examines regulations and policies to address climate change and energy transition, the roles of key international agreements, and factors important to the effectiveness and transferability of policies. The discussion covers the scope and structure of law governing climate change and energy transition; policies at the national, sub-national, and local levels; executive and legislative roles; litigation over climate change policies; and substantive provisions relevant to energy efficiency and electrification, renewable energy, and nuclear energy.
Property Systems and Environmental Regulation
Authors: Rodgers Christopher P.
Published: July 2019

This chapter examines the impact of property rights on environmental regulation. It first considers a range of property paradigms and how they relate to environmental law, including entitlements-based models of property and resource allocation models of property, before turning to ‘public’ and ‘private’ conceptions of property. It takes note of the fact that environmental protection is a ‘public’ or communal interest, but assimilating public interest objectives into systems of property law based on notions of private right has been problematic, especially for Western systems. The chapter also analyses the interactions between ‘public’ interest and ‘private’ property rights; the role of customary law and cultural norms in the organization of property holding and resource use, using the Maori case as example; and how property structures foster environmental stewardship.
Adjudication Systems
Authors: Lees Emma
Published: July 2019

This chapter examines the role of adjudication systems in handling environmental disputes. It first considers the role of the judiciary in relation to the environment and its place within the context of value-driven decision-making. It then explores the challenges raised by environmental litigation and their impact on environmental adjudication systems, along with various responses to them. It also describes different models for judicial adjudication of environmental disputes that take into account jurisdictional specialization, judicial specialization, scope and hierarchy of the court’s review, specialist cost and standing rules, and access to legal and scientific advice. Case studies are is used to illustrate bespoke solutions to environmental adjudication. The chapter concludes with an analysis of the relative merits of the adjudicative models mentioned above, and what this implies about environmental adjudication in general.
Trading Schemes
Authors: Bogojević Sanja
Published: July 2019

This chapter examines market mechanisms as a regulatory concept in environmental law. Such mechanisms are employed to respond to a variety of environmental problems and they encompass a broad range of specific regulatory strategies. Yet their application is often assumed to yield universal outcomes and to take similar legal forms across jurisdictions. Focusing on the EU emissions trading scheme and the China pilot trading schemes as case studies, this chapter challenges this view, and makes an appeal for better use of comparative environmental law methodology in studying market mechanisms and their legal specificities.
Informational Requirements and Environmental Protection
Authors: Morrow Karen
Published: July 2019

This chapter discusses the role of informational requirements in environmental protection. It first provides an overview of the nature of informational requirements in environmental law before discussing the role of states in controlling environmental information. It then considers the new approach towards access to environmental information that has been adopted by Principle 10 of the Rio Declaration, the pursuit of regional international hard law on Principle 10, and key provisions of the Aarhus and draft United Nations Economic Commission for Latin America and the Caribbean (UNECLAC) Conventions relating to access to information. The chapter also explores the state-mandated public disclosure of information by companies as well as companies’ voluntary and selective disclosure of information before concluding with an analysis of some emerging issues relating to environmental information in the age of information technology.
Eco-labelling
Authors: Czarnezki Jason , Pollans Margot , Main Sarah M.
Published: July 2019

This chapter examines whether and how eco-labelling schemes, either public or private, can generate environmental benefits. Eco-labels are a form of informational regulation that have emerged as an alternative to traditional command and control regulation. Eco-labels have some potential to improve environmental outcomes, in part by educating consumers about environmental attributes of products and incentivizing product greening. The chapter first considers different types of eco-labels, focusing on label content and label governance, using examples from around the world. It then discusses the challenges that a labelling scheme must overcome in order to be a successful force for environmental change. In particular, it explores whether an eco-label will work (issues relating to labelling methodology, label legitimacy, and consumer behaviour) and concludes with an analysis of eco-labelling normative concerns (equity, consumerism, and ‘strong’ versus ‘weak’ sustainability).
Environmental Law and Private International Law
Authors: van Calster Geert
Published: July 2019

This chapter examines the relationship between environmental law and private international law (also known as ‘conflict of laws’, particularly in the common law), with particular emphasis on corporate social responsibility (CSR). The focus is on the roll-out of private international law in the specific context of suing corporations in attractive jurisdictions, for activities which those corporations have carried out abroad. The chapter first reviews developments in the United States and the European Union (EU) concerning conflict of laws, and particularly with regards to extraterritorial harms. More specifically, it analyses litigation in US courts on the basis of the Alien Tort Statute (ATS) and its implications for CSR, corporate liability under ATS, and the Supreme Court ruling in Kiobel v Royal Dutch Petroleum (2010). In the EU, the issues were about jurisdiction and applicable law for attributability/duty of care, and compliance strategies. The chapter discusses attribution in the context of competition law.
Environmental Law and Public International Law
Authors: Duvic-Paoli Leslie-Anne
Published: July 2019

This chapter examines how—and the extent to which—public international law influences domestic environmental law. It first considers the assumption that the domestic–international divide is relevant to understanding current legal processes in the field of environmental governance before exploring the status of international law within domestic systems. In particular, it discusses the theoretical frameworks used to explain how domestic legal systems relate to public international law, including the dualism versus monism dichotomy, and the main transposition techniques used to integrate international law into domestic legal systems. The chapter also describes the effects of international law within domestic law in terms of unit of analysis, types of incidence, and the beneficiaries of these effects. Finally, it looks at factors that influence a state’s approach to the interactions between its legal system relative to environmental protection and public international law.
The Posture of Words
Authors: Rambo Shelly
Published: July 2019

Growing research in trauma focuses on working trauma out of the body. This ‘somatic turn’ can minimise the role that narrative plays in healing. This piece imagines a coordination between writing, words, and the senses that is in line with the wisdom of longstanding religious traditions. It proposes that theopoetics positions us to release the negative grip of words while creating, through words, new paths of meaning.
Early science with the Large Millimetre Telescope: new mm-wave detections of circumstellar discs in IC 348 from LMT/AzTEC
Authors: Petersen Michael S , Gutermuth Robert A , Nagel Erick , Wilson Grant W , Lane James
Published: July 2019

We present the most complete sample of mm measurements of protoplanetary discs in the star-forming region IC 348 to date. New observations from the Large Millimetre Telescope and the 1.1 mm camera AzTEC are combined with literature results in order to characterize the disc population as relating to both stellar properties within the IC 348 region and across other star-forming regions. In addition to detecting 28 of 116 observed known infrared-excess sources, we detected emission from two previously unknown candidate transition discs in the region. When combined with literature results, we find evidence for a steeper-than-expected slope, on average, in disc spectral energy distributions at millimetre wavelengths in the IC 348 region. We show that the presence or absence of high-mass discs is a sensitive indicator of regional evolution, both among star-forming regions and within IC 348. In contrast, low-mass discs exhibit almost no apparent evolution within the first ∼5 Myr when compared among regions.
Asteroseismology of the DOV star PG 1159−035
Authors: Chen Y H
Published: July 2019

Grids of DOV star models are evolved by wdec with fixed atmospheric constituent to the spectral values of XC/XHe/XO = 50/33/17. The core compositions are from white dwarf models at highest Teff evolved by mesa. The eigenfrequencies are calculated and used to fit the observed modes. Based on 264.1 h of photometric observations on PG 1159−035, Winget et al. identified 125 individual frequencies. Costa et al. identified 198 pulsation modes for PG 1159−035 according to the WET photometric data from 1983, 1985, 1989, and 2002. Both of them derived frequency splitting values of δσl = 1 ∼ 4.2 $\mu$Hz and δσl = 2 ∼ 6.9 $\mu$Hz. According to the values of δσl = 1 and δσl = 2, 20 triplets and 9 quintuplets are selected and used to constrain the fitting models. Our optimal model has Teff = 129 000 K, M* = 0.63 M⊙, log g = 7.59, log(Menv/M*) = −5.0, and σRMS = 1.97 s. The values of Teff and log g are consistent with that values of Córsico et al. The calculated modes of minimum rate of period change correspond to modes with maximum kinetic energy distributed in the envelope. The observed rates of period change with positive and negative values can also be partially reproduced. In particular, there are negative rates of period change for the calculated modes from our optimal model, which is not found in previous work.
Pairwise tidal equilibrium states and the architecture of extrasolar planetary systems
Authors: Adams Fred C
Published: July 2019

Current observations indicate that the planet formation process often produces multiple planet systems with nearly circular orbits, regular spacing, a narrow range of inclination angles, and similar planetary masses of order mp ∼ 10 M⊕. Motivated by the observational sample, this paper determines the tidal equilibrium states for this class of extrasolar planetary systems. We start by considering two-planet systems with fixed orbital spacing and variable mass ratios. The basic conjecture explored in this paper is that the planet formation process will act to distribute planetary masses in order to achieve a minimum energy state. The resulting minimum energy configuration – subject to the constraint of constant angular momentum – corresponds to circular orbits confined to a plane, with nearly equal planetary masses (as observed). We then generalize the treatment to include multiple planet systems, where each adjacent pair of planets attains its (local) tidal equilibrium state. The properties of observed planetary systems are close to those expected from this pairwise equilibrium configuration. In contrast, observed systems do not reside in a global minimum energy state. Both the equilibrium states of this paper and observed multiplanet systems, with planets of nearly equal mass on regularly spaced orbits, have an effective surface density of the form σ ∝ r−2, much steeper than most disc models.
Closing the DNA replication cycle: from simple circular molecules to supercoiled and knotted DNA catenanes
Authors: Schvartzman Jorge B , Hernández Pablo , Krimer Dora B , Dorier Julien , Stasiak Andrzej
Published: July 2019

Due to helical structure of DNA, massive amounts of positive supercoils are constantly introduced ahead of each replication fork. Positive supercoiling inhibits progression of replication forks but various mechanisms evolved that permit very efficient relaxation of that positive supercoiling. Some of these mechanisms lead to interesting topological situations where DNA supercoiling, catenation and knotting coexist and influence each other in DNA molecules being replicated. Here, we first review fundamental aspects of DNA supercoiling, catenation and knotting when these qualitatively different topological states do not coexist in the same circular DNA but also when they are present at the same time in replicating DNA molecules. We also review differences between eukaryotic and prokaryotic cellular strategies that permit relaxation of positive supercoiling arising ahead of the replication forks. We end our review by discussing very recent studies giving a long-sought answer to the question of how slow DNA topoisomerases capable of relaxing just a few positive supercoils per second can counteract the introduction of hundreds of positive supercoils per second ahead of advancing replication forks.
Cultural Imperialism and the Assessment of Creative Work
Authors: Hill Juniper
Published: July 2019

Assessing creative work is often challenging, even more so in culturally diverse learning environments, in which students and educators may not hold the same musical values. An instructor aiming to teach proficiency within a specific style may unintentionally give feedback that devalues a student’s personal creative expressions, which in many cases reflect diverse musical heritages. Such devaluing feedback can inhibit individual creative development, stifle innovation, and perpetuate sociocultural power imbalances. In this chapter examples from jazz, classical, and traditional musicians in Cape Town and Helsinki illustrate how and why idiomatic boundaries are enforced, how musical value judgments can perpetuate social inequalities, and how negative feedback can inhibit individual creative development. The chapter emphasizes the personal, social, and cultural importance of embracing musical diversity and the value of permitting and supporting developing musicians to go beyond idiomatic conventions in their creative work. Strategies are discussed for how music educators might better support individual creative development and social justice.
Critically Assessing Forms of Resistance in Music Education
Authors: Talbot Brent C. , Williams Hakim Mohandas Amani
Published: July 2019

In their classrooms, music educators draw upon critical pedagogy (as described by Freire, Giroux, and hooks) for the express purpose of cultivating a climate for conscientização. Conscientização, according to Paulo Freire (2006), “refers to learning to perceive social, political, and economic contradictions and to take action against the oppressive elements of reality” (p. 35). This consciousness raising is a journey teachers pursue with students, together interrogating injustices in communities and the world in order to transform the conditions that inform them. Learning to perceive social, political, and economic contradictions often leads to multiple forms of resistance in and out of music classrooms. This chapter explores the following question: What do critical forms of assessment look like in music classrooms that use critical pedagogy and embrace resistance to foster conscientization?
Assessment and the Dilemmas of a Multi-Ideological Curriculum
Authors: Karlsen Sidsel , Johansen Geir
Published: July 2019

The Norwegian compulsory school formal curriculum consists of two separate parts, implemented in 1993 and 2006. The older Core Curriculum provides guidelines for the broader aims of education and for its cultural and moral foundations. Ideologically, it is marked by the humanist Bildung tradition and progressive education ideas, emphasizing holistic development of the human being as the primary goal. The newer curriculum part, named Knowledge Promotion, consists of individual syllabi for all subjects, including music. While the first page of the music syllabus mirrors values expressed in the Core Curriculum, the latter part is an operationalization of a positivist-oriented ends-means approach to music education. This chapter explores this multi-ideological split of the music curriculum, pursuing a twofold interest: What are the consequences of ends-means related assessment criteria shaping the context of music teaching and learning? What other assessment criteria exist that would align better with the Bildung and progressive education foundations of the curriculum?
International Perspectives on Assessment in Music Education
Authors: Kertz-Welzel Alexandra
Published: July 2019

Music education is part of the public school curriculum in many countries, as either a compulsory or an elective subject. While it offers many young people an opportunity to acquire musical knowledge and skills, it also has its challenges. Being part of the public school curriculum results in a need for assessment in music education. While some problems related to assessment are similar internationally (e.g., concerning music as art), assessment in different countries varies. It depends on various factors such as the general assessment culture, the goals of education, music education policy, individual teaching philosophies, and school culture. By utilizing approaches from comparative music education, philosophy, and sociology of music education, this chapter analyzes music education assessment policies and practices in different countries. By scrutinizing global similarities and differences, it proposes new approaches to assessment that may help address some of the challenges the global music education community faces today.
Nonregulated Assessment in Music Education
Authors: Niknafs Nasim
Published: July 2019

Without access to official state-sanctioned, public music education, Iranian youth, specifically rock and alternative musicians, follow a self-organized and anarchistic path of music making. Expertly negotiating between the act of music making and the unpredictable situations they face daily, they have become creative in finding new ways to propagate their music and learn the rules of their profession. Meanings attached to assessment in these circumstances become redefined and overshadow the quality of music being created. Assessment becomes a local activism that countervails the top-down, summative model. This chapter provides some characteristics of assessment in music teaching and learning in urban Iran that follow Nilsson and Folkestad’s (2005) ecocultural perspective, consisting of four elements: (a) Gibson’s (1979) concept of affordances, (b) orality, (c) theories of play, and (d) theories of chance. Consequently, assessment in urban Iranian music education can be categorized as follows: (1) do-it-yourself (DIY) and do-it-with-others (DIWO), (2) interactive and decentralized, (3) local anarchism, and (4) lifestyle. This chapter concludes that the field of music education should take a “slightly outside perspective” (Lundström, 2012, p. 652) and proactive approach toward assessment, rather than the reactionary approach to music teaching and learning in which assessment becomes an end goal rather than an approach embodied within learning.
Philosophy of Assessment in Popular Music Education
Authors: Powell Bryan , Smith Gareth Dylan
Published: July 2019

With the expanding landscape of and proliferation of activity related to popular music education, philosophies underpinning and informing the assessment of students participating in popular music programs have come to the forefront of discussion. This chapter discusses the relationships among music education, higher education, and popular music as commoditized product(s), as well as the context for and a set of (sub)cultural practices, and looks through the lens(es) of authenticity before exploring canon and repertoire in popular music education. It highlights examples of assessment practices in particular popular music education contexts and the ideologies and philosophies that consciously or unconsciously undergird these. The chapter then presents a model of assessment derived from working in an innovative way—called “negotiated assessment” (Kleiman, 2009, p. 2)—with undergraduate arts students across disciplines. The chapter proposes this as one possible broad, inclusive approach to establishing a philosophy of assessment for popular music education.
Bridging the Vocabularies of Dual-Process Models of Culture and Cognition
Authors: Strandell Jacob
Published: July 2019

Much research has demonstrated that human behavior can never be fully accounted for by deliberate rationality, as much of what happens in the human mind occurs outside of our awareness and beyond conscious control. Contemporary dual-process theories attempt to detail this duality of the human mind by distinguishing between two fundamentally different types of cognitive processes: on the one hand the nonconscious, automatic, and intuitive; and the conscious, deliberate, and rational on the other. These models also attempt to describe how the two types of processes interact with each other, and how various contextual factors influence their relationship. Dual-process models of cognition have proven useful in many fields of study, yet sociological use of these models to understand the micromechanisms of culture have been largely limited until very recently. This chapter aims to provide insight into dual-process models of cognition and their close resemblance with many core cultural theories, which already employ dual-process reasoning without recognizing or integrating their insights with each other or those of the cognitive sciences. It is argued that by developing a more integrated and interdisciplinarily accessible vocabulary, we can readily integrate and make better use of insights from dual-process models of cognition. Finally, important implications for our understanding of culture and for future research are discussed.