bluuebunny/crossref_metadata_2025 huggingface dataset:
Additional chromosome abnormalities in chronic myeloid leukemia
Authors: Hsiao Hui‐Hua , Liu Yi‐Chang , Tsai Hui‐Jen , Hsu Jui‐Feng , Yang Wen‐Chi , Chang Chao‐Sung , Lin Sheng‐Fung
Published: February 2011

The Philadelphia (Ph) chromosome and/or Breakpoint cluster region‐Abelson leukemia virus oncogene transcript are unique markers for chronic myeloid leukemia (CML). However, CML demonstrates heterogeneous presentations and outcomes. We analyzed the cytogenetic and molecular results of CML patients to evaluate their correlation with clinical presentations and outcome. A total of 84 newly diagnosed CML patients were enrolled in the study. Patients were treated according to disease status. Bone marrow samples were obtained to perform cytogenetic and molecular studies. Clinical presentations, treatment courses, and survival were reviewed retrospectively. Among 84 patients, 72 had chronic phase and 12 had accelerated phase CML. Cytogenetic study showed 69 (82.1%) with the classic Ph chromosome, 6 (7.2%) with a variant Ph chromosome, and 9 (10.7%) with additional chromosome abnormalities. Fifty‐four (64.3%) cases harbored b3a2 transcripts, 29 (34.5%) had b2a2 transcript, and 1 had e19a2 transcript. There was no difference in clinical presentations between different cytogenetic and molecular groups; however, additional chromosome abnormalities were significantly associated with the accelerated phase. Imatinib therapy was an effective treatment, as measured by cytogenetic response, when administered as first‐ and second‐line therapy in chronic phase patients. Survival analysis showed that old age, additional chromosome abnormalities, high Sokal score, and no cytogenetic response in second‐line therapy had a significant poor impact (p < 0.05). In conclusion, we presented the cytogenetic and molecular pattern of CML patients and demonstrated that the additional chromosome abnormality was associated with poor outcome.
Expressive Political Behaviour: Foundations, Scope and Implications
Authors: Hamlin Alan , Jennings Colin
Published: February 2011

A growing literature has focused attention on ‘expressive’ rather than ‘instrumental’ behaviour in political settings, particularly voting. A common criticism of the expressive idea is that it is ad hoc and lacks both predictive and normative bite. No clear definition of expressive behaviour has gained wide acceptance yet, and no detailed understanding of the range of foundations of specific expressive motivations has emerged. This article provides a foundational discussion and definition of expressive behaviour accounting for a range of factors. The content of expressive choice – distinguishing between identity-based, moral and social cases – is discussed and related to the specific theories of expressive choice in the literature. There is also a discussion of the normative and institutional implications of expressive behaviour.
Transport relaxation time and length scales in turbulent suspensions
Authors: CLAUDIN PHILIPPE , CHARRU FRANÇOIS , ANDREOTTI BRUNO
Published: February 2011

We show that in a turbulent flow transporting suspended sediment, the unsaturated sediment fluxq(x,t) can be described by a first-order relaxation equation. From a mode analysis of the advection–diffusion equation for the particle concentration, the relaxation length and time scales of the dominant mode are shown to be the deposition lengthHU/Vfalland deposition timeH/Vfall, whereHis the flow depth,Uthe mean flow velocity andVfallthe sediment settling velocity. This result is expected to be particularly relevant for the case of sediment transport in slowly varying flows, where the flux is never far from saturation. Predictions are shown to be in quantitative agreement with flume experiments, for both net erosion and net deposition situations.
Contact lines over random topographical substrates. Part 1. Statics
Authors: SAVVA NIKOS , PAVLIOTIS GRIGORIOS A. , KALLIADASIS SERAFIM
Published: February 2011

We investigate theoretically the statistics of the equilibria of two-dimensional droplets over random topographical substrates. The substrates are appropriately represented as families of certain stationary random functions parametrized by a characteristic amplitude and wavenumber. In the limit of shallow topographies and small contact angles, a linearization about the flat-substrate equilibrium reveals that the droplet footprint is adequately approximated by a zero-mean, normally distributed random variable. The theoretical analysis of the statistics of droplet shift along the substrate is highly non-trivial. However, for weakly asymmetric substrates it can be shown analytically that the droplet shift approaches a Cauchy random variable; for fully asymmetric substrates its probability density is obtained via Padé approximants. Generalization to arbitrary stationary random functions does not change qualitatively the behaviour of the statistics with respect to the characteristic amplitude and wavenumber of the substrate. Our theoretical results are verified by numerical experiments, which also suggest that on average a random substrate neither enhances nor reduces droplet wetting. To address the question of the influence of substrate roughness on wetting, a stability analysis of the equilibria must be performed so that we can distinguish between stable and unstable equilibria, which in turn requires modelling the dynamics. This is the subject of Part 2 of this study.
Contact lines over random topographical substrates. Part 2. Dynamics
Authors: SAVVA NIKOS , PAVLIOTIS GRIGORIOS A. , KALLIADASIS SERAFIM
Published: February 2011

We examine the dynamics of a two-dimensional droplet spreading over a random topographical substrate. Our analysis is based on the formalism developed in Part 1 of this study, where a random substrate was modelled as band-limited white noise. The system of integrodifferential equations for the motion of the contact points over deterministic substrates derived by Savva and Kalliadasis (Phys. Fluids, vol. 21, 2009, 092102) is applicable to the case of random substrates as well. This system is linearized for small substrate amplitudes to obtain stochastic differential equations for the droplet shift and contact line fluctuations in the limit of shallow and slowly varying topographies. Our theoretical predictions for the time evolution of the statistical properties of these quantities are verified by numerical experiments. Considering the statistics of the dynamics allows us to fully address the influence of the substrate variations on wetting. For example, we demonstrate that the droplet wets the substrate less as the substrate roughness increases, illustrating also the possibility of a substrate-induced hysteresis effect. Finally, the analysis of the long-time limit of spreading dynamics for a substrate represented by a band-limited white noise is extended to arbitrary substrate representations. It is shown that the statistics of spreading is independent of the characteristic length scales that naturally arise from the statistical properties of a substrate representation.
Boundary-layer thickness effects of the hydrodynamic instability along an impedance wall
Authors: RIENSTRA SJOERD W. , DARAU MIRELA
Published: February 2011

The Ingard–Myers condition, modelling the effect of an impedance wall under a mean flow by assuming a vanishingly thin boundary layer, is known to lead to an ill-posed problem in time domain. By analysing the stability of a linear-then-constant mean flow over a mass-spring-damper liner in a two-dimensional incompressible limit, we show that the flow is absolutely unstable for h smaller than a critical hc and convectively unstable or stable otherwise. This critical hc is by nature independent of wavelength or frequency and is a property of liner and mean flow only. An analytical approximation of hc is given, which is complemented by a contour plot covering all parameter values. For an aeronautically relevant example, hc is shown to be extremely small, which explains why this instability has never been observed in industrial practice. A systematically regularised boundary condition, to replace the Ingard–Myers condition, is proposed that retains the effects of a finite h, such that the stability of the approximate problem correctly follows the stability of the real problem.
Infected tracheocoele (acquired tracheal diverticulum): case report and literature review
Authors: Teh B M , Hall C , Kleid S
Published: February 2011

Background:

Paratracheal air-filled cysts are rare. Tracheocoele or acquired tracheal diverticulum is the term given to these acquired abnormalities, which usually arise in adults. The majority is asymptomatic, being discovered as incidental findings on radiological imaging.

Methods:

We report the case of a 72-year-old man with a previously identified tracheocoele which became symptomatic following an upper respiratory tract infection. A literature is presented and nomenclature is discussed.

Results:

The clinical presentation, differential diagnosis and management of paratracheal air-filled cysts are discussed.

Conclusion:

While most of these rare abnormalities are discovered incidentally, this case illustrates the fact that significant symptoms can develop; excision should therefore be considered.
Biofilms in chronic rhinosinusitis: systematic review and suggestions for future research
Authors: Keir J , Pedelty L , Swift A C
Published: February 2011

Background:

A biofilm is a community of micro-organisms encased within a self-produced, extracellular, polymeric substance. The role of biofilms as a major pathological aetiology in chronic rhinosinusitis would help explain the clinical manifestation of the disease.

Objectives:

To examine the current evidence, and to discuss possible future research directions, in relation to biofilms and chronic rhinosinusitis.

Study design:

Systematic literature review.

Evaluation method:

Two assessors independently undertook critical appraisal of the studies identified by the literature search. Significant findings were incorporated into this review. The primary outcome assessed was the presence of biofilm in human mucosal biopsy samples taken from patients with chronic rhinosinusitis, and from healthy controls.

Results:

We identified 11 studies examining biofilm formation in human mucosal biopsy samples taken from patients with chronic rhinosinusitis.

Conclusion:

It is unlikely that biofilms occur in every case of chronic rhinosinusitis; consequently, the significance of ‘biofilm detection’ in some series should be considered carefully. Several authors have argued strongly for the use of confocal scanning laser microscopy with fluorescent in situ hybridisation probes as the ‘gold standard’ for biofilm imaging. This imaging modality should be combined with further investigation of the microbiology of chronic rhinosinusitis, and of the efficacy of traditional culture techniques used for pathogen identification.
Surfers' awareness of the preventability of ‘surfer's ear’ and use of water precautions
Authors: Reddy V M , Abdelrahman T , Lau A , Flanagan P M
Published: February 2011

Objective:

To establish surfers' knowledge of the preventability of external auditory canal exostoses (‘surfer's ear’), and their use of water precautions.

Method:

Survey of surfers conducted between December 2009 and March 2010 at beaches in Cornwall, UK.

Results:

Ninety-two surfers were included (78 males and 14 females, mean age 27 years, standard deviation 7.9 years). Participants were grouped according to their awareness of the preventability of surfer's ear (55 aware, 37 unaware). These groups were comparable in age, surfing history and gender mix (p > 0.05). Surfers aware of the preventability of exostoses (66 per cent) were more likely to use water precautions than those who were not (38 per cent) (p < 0.01). Two surfers used water precautions regularly and 48 used them occasionally. Sixty-one of the 76 surfers who did not use water precautions (ear plugs) suggested they would consider doing so in the future.

Conclusion:

Awareness of the preventability of surfer's ear was associated with greater use of water precautions. Further research should explore reasons for the low uptake of such precautions. Most surfers not already using ear plugs would consider doing so in the future.
Rebels and parties: the impact of armed insurgency on representation in the Central African Republic
Authors: Mehler Andreas
Published: February 2011

This paper analyses the declining importance of political parties in the Central African Republic (CAR). The country can be considered an extreme example of the lack of viability of a state in general, and democracy in particular. However, the quality of elections has exceeded the average in the sub-region over a substantial time-span. Hopes for a democratic future only faded in recent years. The paper hypothesises that both political parties and rebel movements are failing to adequately represent (ethnoregional) interests, but that parties are suffering more in the course of the enduring warandthe peace process. Patterns of elite behaviour are presented as the main explanation for the resulting crisis of representation, with international actors' preference for inclusionary power-sharing deals seen as the main aggravating factor.
The continuing importance of children in relieving elder poverty: evidence from Korea
Authors: KIM ERIN HYE-WON , COOK PHILIP J.
Published: February 2011

The population of South Korea is ageing rapidly and government provision for older people is meagre. Hence the erosion of traditional family support for older people is of much concern. Yet relatively little is known about the actual financial status of elderly Koreans or the amount of economic support they receive from children. This paper addresses these issues using data from the 2006 Korean Longitudinal Study of Ageing. We find that almost 70 per cent of Koreans aged 65 or more years received financial transfers from children and that the transfers accounted for about a quarter of an average elder's income. While over 60 per cent of elders would be poor without private transfers, children's transfers substantially mitigate elder poverty, filling about one-quarter of the poverty gap. Furthermore, children's transfers tend to be proportionally larger to low-income parents, so elder income inequality is reduced by the transfers. Over 40 per cent of elders lived with a child and co-residence helps reduce elder poverty. By showing that Korean children still play a crucial role in providing financial old-age security, we demonstrate how important it is for the Korean government to design old-age policies that preserve the incentives for private assistance. This snapshot of today's Korea also has implications for other rapidly changing Asian countries that are following a similar trajectory.
Prevalence and correlates of perceived workplace discrimination among older workers in the United States of America
Authors: CHOU RITA JING-ANN , CHOI NAMKEE G.
Published: February 2011

The workplace is one of the areas in which discrimination most frequently occurs. Despite increasing workforce participation among older adults and the adverse effects of workplace discrimination on the physical and psychological wellbeing of older adults, limited attention has been given to workplace discrimination against older workers. Based on a national survey of 420 older workers age 50 and above, this study first examined the prevalence of perceived workplace discrimination. Results indicated more than 81 per cent of the older workers encountered at least one workplace discriminatory treatment within a year. Prevalence of perceived workplace discrimination differed with age, gender, education, occupation and wage. The study further tested two competing hypotheses on the level of perceived workplace discrimination and found mixed support for both. As hypothesised (based on the social barriers theory), lower education and racial/ethnic minority status were positively associated with perceived workplace discrimination. As counter-hypothesised (based on the attribution-sensitivity theory), younger ages and being male were positively associated with perceived workplace discrimination. In examining the roles of supervisor and co-worker support, the study discovered that supervisor support was negatively associated with workplace discrimination. Finally, this study revealed a non-linear relationship between wages and perceived workplace discrimination, with the mid-range wage group experiencing the highest level of workplace discrimination.
Family relations and life satisfaction of older people: a comparative study between two differenthukous in China
Authors: YUNONG HUANG
Published: February 2011

This paper examined the relationships between family relations and life satisfaction between the two groups of older people with differenthukous in Putian, Fujian, China. Five factors related to family relations: family support network, satisfaction with family support, family harmony, filial support and filial discrepancy, were included in the study. A total of 532 valid questionnaires, 263 and 269 being filled in by older people with agricultural and non-agriculturalhukous, respectively, were obtained. Bivariate analyses indicated that five factors were correlated significantly with life satisfaction for both groups of older people. The results of hierarchical regression analyses showed that when controlling for socio-demographic variables, filial support was associated with life satisfaction for both groups of older people; satisfaction with family support and filial discrepancy was only associated with life satisfaction among older people with agriculturalhukous; family harmony only contributed to explaining life satisfaction among older people with non-agriculturalhukous. The present study confirmed some previous empirical findings, which indicated the importance of family relations to older people's lives, and extended our understanding about the correlates of life satisfaction for the two groups of older people with differenthukous in China. Limitations and direction of future studies were also addressed. Meanwhile, the policy and practice implications of the study were discussed in the context of China's social and economic changes.
Investigating the effects of syllable complexity in Russian-speaking children with SLI
Authors: KAVITSKAYA DARYA , BABYONYSHEV MARIA , WALLS THEODORE , GRIGORENKO ELENA
Published: February 2011

This study examined the effect of number of syllables and syllable structure on repetition of pseudo-words by Russian-speaking children with Specific Language Impairment (SLI) and typically developing (TD) children. One hundred and forty-four pseudo-words, varying in length and syllable complexity, were presented to two groups of children: 15 children with SLI, age range 4 ; 0 to 8 ; 8, and 15 TD children matched in age to the SLI group. The number of errors in the repetition of pseudo-words was analyzed in terms of the number of syllables and syllable complexity. The results demonstrated that children with SLI have deficits in working memory capacity. In addition to the pseudo-word length, the repetition performance was affected by syllable structure complexity.
Contending with foreign accent in early word learning*
Authors: SCHMALE RACHEL , HOLLICH GEORGE , SEIDL AMANDA
Published: February 2011

By their second birthday, children are beginning to map meaning to form with relative ease. One challenge for these developing abilities is separating information relevant to word identity (i.e. phonemic information) from irrelevant information (e.g. voice and foreign accent). Nevertheless, little is known about toddlers' abilities to ignore irrelevant phonetic detail when faced with the demanding task of word learning. In an experiment with English-learning toddlers, we examined the impact of foreign accent on word learning. Findings revealed that while toddlers aged 2 ; 6 successfully generalized newly learned words spoken by a Spanish-accented speaker and a native English speaker, success of those aged 2 ; 0 was restricted. Specifically, toddlers aged 2 ; 0 failed to generalize words when trained by the native English speaker and tested by the Spanish-accented speaker. Data suggest that exposure to foreign accent in training may promote generalization of newly learned forms. These findings are considered in the context of developmental changes in early word representations.
Ulyanov-type inequalities and generalized Liouville derivatives
Authors: Tikhonov Sergey , Trebels Walter
Published: February 2011

We study (p, q)-inequalities of Ulyanov type for moduli of smoothness of fractional order in the Lp$(\mathbb{T})$ and the Lp(ℝn) setting, p ≥ 1. In particular, we obtain estimates for the modulus of smoothness of a generalized Liouville derivative of a function via the modulus of smoothness of the function itself. We give examples showing the sharpness of these inequalities.
Existence, uniqueness and stability of positive solutions to sublinear elliptic systems
Authors: Chern Jann-Long , Tang Yong-Li , Lin Chang-Shou , Shi Junping
Published: February 2011

The existence, stability and uniqueness of positive solutions to a semilinear elliptic system with sublinear nonlinearities are proved. It is shown that the precise global bifurcation diagram of the positive solutions is a monotone curve with different asymptotical behaviour according to the form of the nonlinearities. Equations with Hölder continuous nonlinearities are also considered.
Well-posedness and blow-up phenomena for a periodic two-component Camassa–Holm equation
Authors: Hu Qiaoyi , Yin Zhaoyang
Published: February 2011

We establish the local well-posedness for a periodic two-component Camassa–Holm equation. We then present precise blow-up scenarios. Finally, we obtain several blow-up results and the blow-up rate of strong solutions to the equation.
Compactly supported solutions for a semilinear elliptic problem in ℝn with sign-changing function and non-Lipschitz nonlinearity
Authors: Lu Qiuping
Published: February 2011

For a sign-changing function a(x) we consider the solutions of the following semilinear elliptic problem in ℝn with n ≥ 3:

where γ > 0 and 0 < q < 1 < p < (n + 2)/(n − 2). Under an appropriate growth assumption on a− at infinity, we show that all solutions are compactly supported. When Ω+ = {x ∈ ℝn | a(x) > 0} has several connected components, we prove that there exists an interval on γ in which the solutions exist. In particular, if a(x) = a(|x|), by applying the mountain-pass theorem there are at least two solutions with radial symmetry that are positive in Ω+.
On the distributional divergence of vector fields vanishing at infinity
Authors: De Pauw Thierry , Torres Monica
Published: February 2011

The equation div υ = F has a solution υ in the space of continuous vector fields vanishing at infinity if and only if F acts linearly on BVm/(m−1)(ℝm) (the space of functions in Lm/(m−1)(ℝm) whose distributional gradient is a vector-valued measure) and satisfies the following continuity condition: F(uj) converges to zero for each sequence {uj} such that the measure norms of ∇j are uniformly bounded and uj ⇀ 0 weakly in Lm/(m−1)(ℝm).
Exit manifolds for lattice differential equations
Authors: Hoffman Aaron , Wright J. Douglas
Published: February 2011

We study the weak interaction between a pair of well-separated coherent structures in possibly non-local lattice differential equations. In particular, we prove that if a lattice differential equation in one space dimension has asymptotically stable (in the sense of a paper by Chow et al.) travelling-wave solutions whose profiles approach limiting equilibria exponentially fast, then the system admits solutions which are nearly the linear superposition of two such travelling waves moving in opposite directions away from one another. Moreover, such solutions are themselves asymptotically stable. This result is meant to complement analytic or numeric studies into interactions of such pulses over finite times which might result in the scenario treated here. Since the travelling waves are moving in opposite directions, these solutions are not shift-periodic and hence the framework of Chow et al. does not apply. We overcome this difficulty by embedding the original system in a larger one wherein the linear part can be written as a shift-periodic piece plus another piece which, although it is non-autonomous and large, has certain properties which allow us to treat it as if it were a small perturbation.
Optimal decay rate of classical solutions to the compressible magnetohydrodynamic equations
Authors: Li Fucai , Yu Hongjun
Published: February 2011

The three-dimensional compressible magnetohydrodynamic equation in the whole space are studied in this paper. The global classical solution is established when the initial data are small perturbations of some given constant state. Moreover, the optimal decay rate of the solution is also obtained.
On p-Laplace equations with concave terms and asymmetric perturbations
Authors: Motreanu D. , Motreanu V. V. , Papageorgiou N. S.
Published: February 2011

We consider a nonlinear Dirichlet problem driven by the p-Laplace differential operator with a concave term and a nonlinear perturbation, which exhibits an asymmetric behaviour near +∞ and near −∞. Namely, it is (p − 1)-superlinear on ℝ+ and (p − 1)-(sub)linear on ℝ−. Using variational methods based on the critical point theory together with truncation techniques, Ekeland's variational principle, Morse theory and the lower-and-upper-solutions approach, we show that the problem has at least four non-trivial smooth solutions. Also, we provide precise information about the sign of these solutions: two are positive, one is negative and one is nodal (sign changing).
History-dependent decay rates for a logistic equation with infinite delay
Authors: Appleby John A. D. , Győri István , Reynolds David W.
Published: February 2011

A logistic equation with infinite delay is considered under conditions that force its solution to approach a positive steady state at large times. It is shown that this rate of convergence depends on the initial history in some cases, and is independent of the history in others.
The Potential of International Law: Fragmentation and Ethics
Authors: SINGH SAHIB
Published: February 2011

Fragmentation discourse provides a rare opportunity for international lawyers to review what has gone and what is to come: it is, in short, a chance to learn lessons of the past. The subjects and the looking glass, so to speak, are the International Law Commission's Report on the Fragmentation of International Law and its author, Martti Koskenniemi. It is the conclusion of this paper that the legal world's approaches to fragmentation, reflected in the ILC Report, represent a deficiency in ethical responsibility. The author not only considers the Report to be naturally inhibited by the institutional environment in which it was constructed, but furthermore finds that the Report's rule-centric approach to a polarized discourse results only in the propagation of ethical deficiencies that define the classical approaches to fragmentation: constitutionalism and legal pluralism. The Report's formalistic approach is one that attempts to find a middle ground between the stated polarities and, in doing so, it not only advances the myths of a system and of coherence in international law, but enables the preferences that define proliferating tribunals. The very same preferences continue to disable the ethical and political emancipation of the legal professional. The author believes the future of international law can no longer remain chained to rule-centrism against political preferences, but rather lies in the study of the legal professional. International law is a project that requires the rediscovery of our consciously enlightened professionals. This not only requires the development of a professional pluralism but the understanding that professional existentialism is not a reward, but rather the transpiring mindset of noble objectives.
The Right of Visit on the High Seas in a Theoretical Perspective: Mare Liberum versus Mare Clausum Revisited
Authors: PAPASTAVRIDIS EFTHYMIOS
Published: February 2011

The present article discusses the historical and theoretical parameters of the right of visit on the high seas. This right is considered the most significant exception to the fundamental principle of the freedom of the high seas, which is conceptualized mainly as of a negative nature, namely as ‘the prohibition of interference in peacetime by ships flying one national flag with ships flying the flag of other nationalities’. This prohibition is arguably challenged by the recent extensive practice of interdiction of vessels on the high seas to counter threats such as international terrorism and transnational organized crime at sea. Accordingly, the historical claims to the freedom of the seas and the celebrated controversy between mare liberum and mare clausum are canvassed. Drawing valuable insights from this historical survey, it is possible to revisit this controversy and ascertain the role of interference on the high seas in the legal order of the oceans of the twenty-first century. It is posited that the rationales behind the contemporary right of visit reflect the old-fashioned mare clausum arguments and that they fall under three general categories, namely the maintenance of international peace and security, the protection of the bon usage of the oceans, and the maintenance of welfare and ordre public of the states and of international society.
Symposium: The ICJ Advisory Opinion on the Unilateral Declaration of Independence of Kosovo: Editors' Introduction
Authors: CHRISTAKIS THEODORE , CORTEN OLIVIER
Published: February 2011

The present symposium follows on from a workshop held at the University of Cambridge on 2 September 2010 by the Interest Group on Peace and Security (IGPS) of the European Society of International Law, in collaboration with the Centre for International Security and European Studies (CESICE) of the University of Grenoble II and the International Law Centre of the Université Libre de Bruxelles.
The ICJ Advisory Opinion on Kosovo: Has International Law Something to Say about Secession?
Authors: CHRISTAKIS THEODORE
Published: February 2011

The objective of this paper is to examine how the Court has dealt with existing general international law governing secession and to evaluate the effects that this opinion could have on future developments in this field. The narrow interpretation of the question submitted by the UN General Assembly permitted the Court to avoid many important questions. The Court made no statements concerning Kosovo's statehood and recognition by third states and made no mention of statehood requirements or the ‘principle of effectiveness’. The Court also refused to examine whether Kosovo (or any other entity outside the colonial context) had a ‘right’ to secession, but gave no endorsement to attempts to apply external self-determination outside the colonial context or to the theory of ‘remedial secession’. This paper explains why the Court did not apply the ‘Lotus’ freedom principle in the Kosovo case. It welcomes the indirect, but clear, position of the Court that a declaration of independence can, in some situations (and especially in the case of external aggression), be illegal – a position that contradicts the old theory, stemming from Jellinek, that the creation of a state is nothing but a ‘simple fact’. While the Court correctly found that outside these exceptional circumstances, no general prohibition against unilateral declarations of independence exists in international law, it should have added that international law is not ‘neutral’ in this field, that it disfavors secession, and that it creates a presumption against the effectiveness of secession. The ‘legal-neutrality’ stance adopted by the Court is not without risks. Indeed, the Court should have been more cautious in its assertion that ‘the scope of the principle of territorial integrity is confined to the sphere of relations between states’, not only because recent practice clearly indicates the contrary, but also because its position could have an unwelcome effect in resolving future separatist conflicts by rendering countries extremely sceptical of solutions of autonomy or international administration.
Does Kosovo Lie in the Lotus-Land of Freedom?
Authors: PETERS ANNE
Published: February 2011

This paper finds that the ICJ's Kosovo Advisory Opinion reached the right result, but in a methodologically not fully satisfactory way. It examines five aspects that underpin the opinion: the temporal (purely ex post) perspective; the Court's equation of legal conformity and non-prohibition and the idea of a deliberate silence of international law; the applicability of the Lotus principle that was evoked by numerous states in the proceedings; the structural analogies between international law and private, criminal, or public law; and the oscillation between legal positivist and jusnaturalist paradigms. Finally, the paper argues in favour of procedural requirements for the international lawfulness of secession, and claims that this approach is compatible with the findings of the Advisory Opinion.
Modesty Can Be a Virtue: Judicial Economy in the ICJ Kosovo Opinion?
Authors: WELLER MARC
Published: February 2011

The Kosovo Advisory Opinion reaches its conclusions in what is admittedly a very condensed and swift way of reasoning. The Court did not expand upon the question that was put to it. However, it is unfair to criticize the Court for failing to address the very issues the drafters of the question carefully and deliberately did not ask. Moreover, the Court did in fact clarify a number of important points that go beyond the narrow question of the lawfulness of Kosovo's declaration of independence. In particular, the Court confirmed that a state is a matter of fact in the first instance. It can come into being in consequence of unilateral secession when attempts to negotiate a separation have been frustrated by the central government. The doctrine of territorial integrity operates among states and furnishes no legal bar in such instances that applies to the seceding entity. Moreover, a decision on independence by such an entity cannot be evaluated according to the domestic legal order of the state from which it secedes. In this instance, Kosovo's secession was in any event not quite as unilateral as it may have seemed. Its declaration of independence and new constitution fully incorporate the entire package of measures proposed by the UN mediators in the final status talks. Hence, Kosovo has implemented what was in fact developed and proposed under the UN mandate for final status talks contained in Resolution 1244. Rather than overturning that resolution, it has acted in accordance with its terms.
Thomas Buergenthal: Judge of the International Court of Justice (2000–10)
Authors: KEITH KENNETH
Published: February 2011

Thomas Buergenthal retired as a judge of the International Court of Justice in September 2010 after ten years of service and participating in 38 substantive decisions. This tribute to a member of the Court who arrived with outstanding and formidable scholarly qualifications, especially but not only in the field of international human rights, also draws on his earlier tragic, harrowing, and ‘lucky’ years. On the basis of the public record, for much of the work of the Judges as members of a collegial body is not public, the article emphasizes Thomas Buergenthal's commitment to the independence of judicial office, as demonstrated particularly in cases brought against his own country; to the sound administration of justice; to the indispensability of courts in any system of ordered government, national or international; and more generally to principle.
The Dispute on Jurisdictional Immunities of the State before the ICJ: Is the Time Ripe for a Change of the Law?
Authors: GATTINI ANDREA
Published: February 2011

The pending dispute at the ICJ between the Federal Republic of Germany and the Republic of Italy on jurisdictional immunities of states bears on the hotly debated question of whether a state having committed a violation of jus cogens loses its immunity from civil jurisdiction abroad, as maintained by the Italian Court of Cassation. The article aims to demonstrate the untenability of the position of the Italian Court of Cassation, not only under current international customary law, but also under a prospective de lege ferenda. Nevertheless, different options are open to the ICJ to adjudicate the case, without impinging on possible future developments of state practice. The article closes by pointing at the risks that, in a strict dualist/pluralist perspective, not even an ICJ's decision in favour of Germany would eventually ensure compliance by Italian domestic judges.
The Effect of the Passage of Time on the Interpretation of Treaties: Some Reflections on Costa Rica v. Nicaragua
Authors: DAWIDOWICZ MARTIN
Published: February 2011

This article examines the reasoning and findings of the International Court of Justice in its judgment in Costa Rica v. Nicaragua on issues relating to the effect of the passage of time on the interpretation of treaties. In arriving at the proper interpretation of the disputed phrase ‘for purposes of commerce’ in a Treaty of Limits between the parties, which entered into force in 1858, the ICJ followed a number of interpretative steps based on Article 31 of the Vienna Convention on the Law of Treaties (VCLT), which led the Court to conclude that the meaning of this phrase must be presumed to have evolved over time. The means and methods of interpretation employed by the ICJ to determine the effect of the passage of time on treaties are examined. More specifically, the question is raised whether the ICJ's approach to determining the evolutionary character of a treaty provision, based on an interpretative presumption, may not be considered unsatisfactory insofar as it does not appear to take full account of the actual common intention of the parties – the main task of interpretation.
Mount Moco: its importance to the conservation of Swierstra’s Francolin Pternistis swierstrai and the Afromontane avifauna of Angola
Authors: MILLS MICHAEL S. L. , OLMOS FABIO , MELO MARTIM , DEAN W. RICHARD J.
Published: February 2011

The forests of the Angolan highlands are the smallest and most isolated of the Afromontane centres of endemism. Despite their high biodiversity value and small, fragmented extent of less than 200 ha, they remain entirely unprotected. Here we draw attention to their uniqueness and the threats to their conservation. We specifically highlight the importance of Mt Moco to bird conservation and describe current forest cover and condition. Sixty-four endemic/near-endemic species/subspecies and taxa with isolated populations are associated with the highlands of western Angola. All 19 forest-dependent taxa are among the 233 species recorded at Mt Moco, which include a rich diversity of montane specialists. Swierstra’s Francolin Pternistis swierstrai is the only threatened endemic. In 2009, 10 of 30 forest patches at Mt Moco larger than 0.5 ha were surveyed for this species. It occurred in seven of these surveyed patches, at a mean minimum density of 0.95 pair ha−1 in forest patches > 1 ha. Based on extrapolations of this figure, we estimate a minimum of 75 pairs of Swierstra’s Francolin at Mt Moco, and 185–420 pairs worldwide. Due to both limited range and small population size, we propose the species be up-listed from ‘Vulnerable’ to ‘Endangered’. Total forest cover at Mount Moco in forest patches > 0.5 ha in size is currently 85 ha. This is c.40% of the total cover of Afromontane forest estimated for Angola in 1974. Remaining forest cover at Mt Moco is being eroded by bush fires, removal of wood for fire and construction material, and clearance for subsistence agriculture by the c.330 inhabitants of Kanjonde village. In order to preserve the forest of Mt Moco, we propose the implementation of a protected area and define its boundaries. A similar proposal was made in 1974 for the creation of the Mount Moco Special Reserve.
Effects of grassland burning on reproductive success of globally threatened Strange-tailed Tyrants Alectrurus risora
Authors: DI GIACOMO ALEJANDRO G. , DI GIACOMO ADRIAN S. , REBOREDA JUAN C.
Published: February 2011

The north-east of Argentina contains a high number of globally threatened grassland birds and is increasingly managed for livestock, with annual burning in remaining natural grasslands. The Strange-tailed Tyrant Alectrurus risora, a globally threatened grassland specialist, has suffered a 90% contraction in its original range. From 1996 to 2008 we monitored a breeding population in Formosa, north-east Argentina, and explored the effect on breeding of four accidental and one prescribed fires. The plant most frequently used for nesting was Imperata brasiliensis, but the frequency of use was lower after a fire than before. In years with a fire, the height of the plant used for nesting and the height of the nest were lower than in those without a fire. Females avoided nesting in the burned plot in the breeding season immediately after the prescribed fire, but they started to return to the burned plot by the second breeding season and did not discriminate between plots by the third breeding season after the fire. Movements of females after the prescribed fire did not affect nest survival, clutch size, hatchability or chick survival indicating this species was adapted to regular fires. However, our results also show that annual burning in the grassland negatively affects the settlement for reproduction of Strange-tailed Tyrants and that the intervals between burns in the same grassland should be longer than two years.
Long-term declines of wader populations at the Tagus estuary, Portugal: a response to global or local factors?
Authors: CATRY TERESA , ALVES JOSÉ A. , ANDRADE JOANA , COSTA HELDER , DIAS MARIA P. , FERNANDES PEDRO , LEAL ANA , LOURENÇO PEDRO M. , MARTINS RICARDO C. , MONIZ FILIPE , PARDAL SARA , ROCHA AFONSO , SANTOS CARLOS D. , ENCARNAÇÃO VITOR , GRANADEIRO JOSÉ P.
Published: February 2011

Migratory wader populations face global threats, mainly related to increasing rates of habitat loss and disturbance driven by human activities. To a large extent, the long-term survival of these populations requires the conservation of networks of sites along their migratory flyways. The Tagus estuary, Portugal, is among the most important wetlands for waders in the East Atlantic Flyway. Annual winter wader counts have been carried in this wetland since 1975 and a monthly roost-monitoring programme was implemented in 2007. Wintering populations of three out of the five most abundant species, DunlinCalidris alpina, Grey PloverPluvialis squatarolaand RedshankTringa totanus, showed significant population declines over the past three decades, which are most likely due to the loss and degradation of roost sites as a result of increasing human activity. The situation is unlikely to improve, as a high proportion of the wintering waders use roost sites that are situated in highly urbanised areas with no legal protection. The use of different roost sites by waders is highly variable both temporally and spatially, thus emphasizing the need for a network of good quality roost sites. Additionally, during migration, 60–80% of all the waders of the Tagus estuary concentrate at a single refuge, thus increasing the risk for wader populations during these periods.
Breeding range of the last eastern colony of Critically Endangered Northern Bald Ibis Geronticus eremita in the Syrian steppe: a threatened area
Authors: SERRA GIANLUCA , BRUSCHINI CLAUDIA , LINDSELL JEREMY A. , PESKE LUBOMIR , KANANI AHMED
Published: February 2011

Eight years after the discovery of the last survivors of the eastern population of Northern Bald Ibis in Syria, their breeding grounds within the Palmyra steppe remain threatened by habitat degradation, human disturbance and uncontrolled infrastructural development whilst the ibis colony size has continued to decline. This study is aimed at assisting national and international stakeholders in strengthening the Ibis Protected Area, established in 2004 and still lacking a clear boundary and management zonation, by quantitatively establishing the range used by these birds through use of satellite tracking and field observations collected between 2006 and 2009. The core breeding range used by the ibises is 224–253 km2 while the full home range is c.1,500 km2, encompassing a mountainous area north of Palmyra, ranging from 400 to 1,000 m asl. Locations from satellite tracking also revealed an important unknown post-breeding site. The ibis breeding area is also home to a range of other rare and endangered fauna as well as significant landscape, cultural and recreational assets, establishing it as an area of international importance. The Syrian steppe is a crucial socio-economic asset for the country, not only for the indigenous pastoralist people, but also because Syria seeks to develop and promote ecotourism in the Palmyra region. The steppe is increasingly suffering from damaging desertification. The need for investment in protection and management of key biodiversity and landscape assets is a precondition that needs greater recognition by the authorities. Recommendations are provided for decision makers and conservationists aimed at mitigating threats and making the Ibis Protected Area fully functional.
The Plan-a-Day Approach to Measuring Planning Ability in Patients with Schizophrenia
Authors: Holt Daniel V. , Rodewald Katlehn , Rentrop Mirjam , Funke Joachim , Weisbrod Matthias , Kaiser Stefan
Published: February 2011

Deficits in executive functioning are closely related to the level of everyday functioning in patients with schizophrenia. However, many existing neuropsychological measures are limited in their ability to predict functional outcome. To contribute towards closing this gap, we developed a computer-based test of planning ability (“Plan-a-Day”) that requires participants to create daily activity schedules in a simulated work setting. Eighty patients diagnosed with schizophrenia were tested with Plan-a-Day and a battery of cognitive ability tests. Plan-a-Day showed satisfactory psychometric properties in terms of consistency, reliability, and construct validity. Compared to other neuropsychological tests used in this study, it also demonstrated incremental validity with regard to the Global Assessment of Functioning. The Plan-a-Day approach, therefore, seems to represent a valid alternative for measuring planning ability in patients with executive function deficits, occupying a middle ground between traditional neuropsychological tests and real-life assessments. (JINS, 2011,17, 327–335)