bluuebunny/crossref_metadata_2025_split huggingface dataset:
Another Kick at the Can: Tuna/Dolphin II
Authors: Strom Torsten H. 
Published: June 2019

SummaryThe decision of the second GATT panel in theTuna/Dolphindispute again focuses attention on the perceived conflict between the goah of trade liberalization and national and international efforts to protect the earth’s natural environment. The author reviews the reasoning of the panel in Tuna/Dolphin II, compares it with that of Tuna/Dolphin I, and considers the adequacy of GATT law to deal with environmental concerns. Although he criticizes some of the reasoning of the panels in the two tuna/dolphin cases, the author argues that the reports do provide — though inferentially — a coherent approach for judging the GATT-legality of environmental trade measures that stem from international multilateral agreements.
The Primacy of the Principle of Equitable Utilization in the 1997 Watercourses Convention
Authors: Bourne Charles B. 
Published: June 2019

SummaryThe International Law Commission wrestled for over a decade with the relationship between the principle of equitable utilization and the no harm principle in its work on the law of the non-navigational uses of international watercourses. In its final Report to the UN General Assembly on this topic in 1994, the Commission presented a set of Draft Articles couched in obscure language that reflected the sharp differences of opinion on the matter and the compromises that had been made. This division of opinion about the relationship between these two principles persisted in the Working Group of the Sixth Committee of the General Assembly to which the Draft Articles were referred. Again, compromises were reached and the language of the substantive articles (in particular Articles 5, 7, 20, and 21) of the Watercourses Convention, adopted by the General Assembly on May 21, 1997, continues to be obscure and its meaning debatable.It is argued here that in this Convention the principle of equitable utilization, which prescribes the reasonable and equitable sharing of the beneficial uses of the waters of an international watercourse, is made the primary substantive rule of international water law; harm caused by a utilization of these waters is, of course, an important factor to be taken into account in determining whether, in a particular case, the utilization is reasonable and equitable and, therefore, lawful. This interpretation of the Watercourses Convention brings it into harmony with customary international water law. It is an interpretation that finds support in the recent decision of the International Court of fustice in theGabákovocase.
La “guerre contre le terrorisme,” le droit international humanitaire et le statut de prisonnier de guerre
Authors: Sassòli Marco 
Published: June 2019

SommaireLes États-Unis ont qualifié les attaques du 11 septembre 2001 ainsi que leur lutte contre le terrorisme de “guerre.” L’auteur analyse l’applicabilité et l’application du droit international humanitaire à ces événements. Il arrive à la conclusion que ce droit ne régit pas les attaques contre New York et Washington, mais la guerre en Afghanistan, indépendamment de la légitimité de celle-ci et des causes soutenues par les parties. En conséquence, tout au moins les membres des forces armées talibanes — et possiblement certains membres d’Al-Qaeda, qui sont tombés, en Afghanistan, au pouvoir des forces américaines, sont en principe et jusqu’à ce qu’une décision individuelle statuant le contraire soit rendue, des prisonniers de guerre protégés par la IIIe Convention de Genève. Les dispositions de celle-ci sont appropriées pour régir le traitement de ces personnes en partie détenues à Guantánamo Bay. Toutes les autres personnes arrêtées par les États-Unis et leurs alliés en Afghanistan sont des civils protégés par la IVe Convention de Genève. En tant que tels, elles ne peuvent pas être détenues à Guantánamo. Pour terminer, l’auteur revoit les différents arguments avancés ces derniers temps selon lesquels les Conventions de Genève ne sont pas adaptées à la “guerre contre le terrorisme.” Selon l’auteur, cette thèse n’est pas justiWée et il serait en tout état de cause impossible d’adopter de nouvelles règles mieux adaptées.
The Problems and Promise of Spraytech v. Hudson
Authors: Ert Gibran van 
Published: June 2019

SummaryIn Spraytech v. Hudson, the Supreme Court of Canada made a bold declaration on the status of the precautionary principle in international law. While the methodology of the majority is open to criticism, the judgment is a welcome clarification of the court’s groundbreaking decision in Baker v. Canada and, building on that case, offers the prospect of a truly internationalized Canadian jurisprudence. In a postscript to this comment, the judgment of the Supreme Court of Canada in Suresh v. Canada is briefly considered.
L’obligation alimentaire des pays en développement à l’égard de leurs populations: la normativité du mécanisme de développement durable
Authors: Mercure Pierre-François 
Published: June 2019

SummaryThe traditional legal process has been inefficient in ensuring the right to receive food in developing countries, thereby preventing the estalishment of true food security in the Third World. This situation is largely due to developed countries giving priority to their own economic interests to the detriment of the hunger problem and of the already weak negotiating power of developing countries regarding any agreement reached on this issue. The mechanism for sustainable development does, however, offer new possibilities to developing countries. The cooperation and assistance duties imposed on states under international agreements on food entitlement compel developing countries to use that mechanism to promote their interests regarding the supply of food.
Influences on the Canadian FIPA Model and the US Model BIT: NAFTA Chapter 11 and Beyond
Authors: Lévesque Céline 
Published: June 2019

SummaryIn recent years, Canada and the United States have modified their model bilateral investment treaties (BITs). If NAFTA Chapter 11 cases have provided the new lens through which investment issues are considered, the solutions to problems experienced in this context have come from different sources. This article explores three influences on the model BITs: the NAFTA Free Trade Commission's interpretation and statements, World Trade Organization law and cases, and US domestic law and principles. A range of interpretation issues is raised, from the effects of changes in wording in successive treaties, to the “transferability” of law across systems (international and domestic), to the use of arbitral awards as precedent. Issues of a systemic nature are also raised, including attempts at limiting the discretion of arbitral tribunals through state interpretations, the possibility of creating an appellate mechanism, and a push for expedited preliminary procedures. The article illustrates the fast-paced evolution of international investment law and highlights the influence of the United States on this evolution.
State Immunity, State Atrocities, and Civil Justice in the Modern Era of International Law
Authors: Eboe-Osuji Chile 
Published: June 2019

SummaryThe exercise of civil jurisdiction by a national court over a foreign sovereign has been a perennial source of controversy in international relations. It resulted in the development of the doctrine of state immunity, founded on the notion of the comity of nations. The doctrine at some point was considered an absolute rule. With time, exceptions to the rule were accepted, notably in the area of commercial activities. In recent times, there has been a movement to recognize a further exception involving violation ofjus cogensnorms in order to limit the tendency of certain state agents to engage in gross violations of human rights and humanitarian norms. Yet this movement has encountered strong resistance. The resistance is apparent in three decisions rendered respectively by the European Court of Human Rights, the Ontario Court of Appeal, and the British House of Lords. In this article, it is contended first that the resistance noted in these cases is largely founded on fundamental misconceptions. It is further contended that the comity of nations is no longer sustainable as a rational basis for the doctrine of state immunity, especially in the face ofjus cogensas a peremptory norm of international law.
Canadian International Human Rights Obligations in the Context of Assisted Human Reproduction
Authors: Piñero Verónica B. 
Published: June 2019

SummaryIn Canada, as in most countries, assisted human reproduction has become accessible treatment for individuals who wish to conceive. Scientific advancements in the area of human reproduction have led to the enactment of legislation that attempts to regulate this novel field. The Canadian Assisted Human Reproduction Act (2004) identifies the health and wellbeing of children born through reproductive technologies as a paramount principle in all decisions respecting their use. On the other hand, and surprisingly, the statute restricts access by offspring to information that can lead to identification of their genitors. The disclosure of donors’ identity to the recipients of reproductive materials is quite limited. According to this article, this legislation is in violation of international human rights law on health, identity, and family relations to which Canada is a party. The first part of the article explores international human rights law on identity, health, and family relations rights that Canada has signed, ratified, or acceded to. The second part discusses whether the Canadian legal system is in line with the relevant international human rights obligations identified earlier and asserts that there is scope for judicially interpreting Canadian law in such a way that would conform to those obligations.
Giving Effect to Out-of-Province Judgments in Class Actions
Authors: Castel Jean-Gabriel 
Published: June 2019

SummaryIn Canada Post Corp. v. Lépine, the Supreme Court of Canada upheld the lower Québec courts’ refusal to recognize an Ontario judgment approving an out-of-court settlement of a class action that included Québec residents. In reaching its decision, the Supreme Court of Canada did not extend to the non-resident plaintiff members of the class the jurisdictional test applicable to defendants. The decision was based on the lack of procedural fairness accorded to the non-residents. The Court also rejected a literal interpretation of Article 3164 of the Québec Civil Code, which requires that the foreign court must have had jurisdiction in accordance with Québec rules, including the doctrine of forum non-conveniens. To apply this doctrine is not compatible with inter-provincial and international comity as it defeats the liberal approach taken by the Civil Code with respect to the recognition of foreign judgments. This settles a long-lasting controversy. As a result of this decision, enhanced procedural fairness has become the best defence available to non-resident, non-attorning plaintiffs in inter-provincial and international class actions. Finally, the Court hoped that, in the spirit of mutual comity, the provincial legislatures would develop more effective methods for managing jurisdictional disputes involving national class actions.
The Protracted Bargain: Negotiating the Canada–China Foreign Investment Promotion and Protection Agreement
Authors: Carter Justin 
Published: June 2019

SummaryIn 1994, Canada and China began negotiating a bilateral foreign investment promotion and protection agreement (FIPA). After sixteen years and multiple rounds of negotiations, the two states have not been able to solidify a workable treaty. By examining each country’s substantive and procedural preferences in their respective bilateral investment treaty models and in past treaties, this article outlines some of the likely “on-the-table” obstacles in the negotiating process. The analysis indicates that there are areas of considerable convergence between each country’s preferences, although significant areas of divergence exist on some key issues. Further confounding the disagreement that exists between the two countries are “off-the-table” factors such as general bilateral relations. One further aspect that is considered is the idea of coordinating compliance between international trade and human rights norms in the context of the Canada–China FIPA. While bilateral investment treaties are economic agreements, pronounced non-economic elements shape the practical and legal effect that these treaties have on various affected actors. Despite the important implications the Canada–China FIPA has for human rights and environmental policy concerns, it can be inferred that these factors will have little bearing on the actual negotiated outcome of the agreement.
Exploring the “Canadian” in the Canadian Yearbook of International Law
Authors: Harrington Joanna 
Published: June 2019

SummaryThe first volume ofThe Canadian Yearbook of International Law/ Annuaire canadien de droit international (CYIL/ACDI)was published in 1963. Anniversaries being a time for reflection, this article examines the Canadian aspect of theCYIL/ACDI’sheritage, aspirations, and contributions on the occasion of its fiftieth year of publication. In addition to indicating its locality, the Canadian identity of theCYIL/ACDIalso serves to highlight the journal’s important role as an outlet for scholarship by academics and practitioners based in Canada, resulting in a collection of works that provides insight into the views of Canadians on matters of international law. Mention is also made of the professional value of theCYIL/ACDIin its provision of an authoritative record of Canadian practice in the field.
Responsibility of the WTO for Breach of an International Obligation under the Draft Articles on Responsibility of International Organizations
Authors: Gal-Or Noemi 
Published: June 2019

SummaryThis article challenges the argument that the World Trade Organization (WTO) is devoid of executive or governing functions and, hence, immune from the regime set out in the International Law Commission’s 2011 Draft Articles on the Responsibility of International Organizations (RIO). A brief drafting history of the RIO, clarification of the terminology associated with matters of international responsibility, and two hypothetical examples illustrating the potential for WTO responsibility set the stage for the article’s main argument. The author examines the WTO’s nature by analyzing its constituent law, itssui generismandate and functions, its international legal personality, and its own use of terminology in presenting itself to the world. Critical analysis of RIO Articles 64 (onlex specialis) and 10 (on the existence of a breach of an international obligation), and their application to the WTO, completes the argument. The author thus refutes both the notions that (1) the WTO is exclusively member driven and, hence, not an executive, governing organization but asui generisentity and (2) the WTO is therefore unable to breach an international obligation and thus immune from the RIO regime. The article concludes that, while a breach by the WTO of an international obligation may be exceedingly rare, it nonetheless — as any international organization — comes within the ambit of the RIO regime. The WTO should therefore consider adjusting its internal rules accordingly.
The United Nations Declaration on Territorial Asylum
Authors: Weis P. 
Published: June 2019

The General Assembly of the United Nations at its twenty-second session unanimously adopted by Resolution 2312 (XXII) of December 14, 1967, a “Declaration on Territorial Asylum.” This Resolution reads:The General Assembly,Recalling its resolutions 1839 (XVII) of 19 December 1962, 2100 (XX) of 20 December 1965 and 2203 (XXI) of 16 December 1966 concerning a declaration on the right of asylum,Considering the work of codification to be undertaken by the International Law Commission in accordance with General Assembly resolution 1400 (XIV) of 21 November 1959,Adopts the following Declaration
Recent Developments in Tanker Control in International Law
Authors: Popp Alfred H. E. 
Published: June 2019

“Whether by accident or design, oil pollution is a statistical certainty that will exist as long as oil is moved by sea.” The truth of this observation, certainly as far as accidents are concerned, has been illustrated in the recent spate of oil tanker incidents. The North American continent, the Canadian coastline included, has not been spared from such incidents.An examination of the circumstances of tanker accidents over the years reveals certain recurring factors. In many instances the accidents are due to human error. In other instances subsequent examination has revealed faulty equipment despite examination and certification by reputable classification societies. Another element which complicates matters is the pressures under which masters operate in meeting schedules or in deciding whether to call in salvors, at great expense to shipowners, when confronted with breakdown of vital equipment.
Optical Observations of the Crab Pulsar, and Searches for other Optical Pulsars
Authors: Kristian Jerome 
Published: June 2019

The optical properties of the Crab nebula pulsar are reviewed. The Crab nebula pulsar has a high degree of constancy at optical wavelengths. No time variations over short or long periods have been detected; the light curve is nearly the same in all colors. The intensity and color of the pulsar are V = 16.5, B − V = +0.5, U − B = −0.45 and V − R = −0.75. There is no precursor as found at radio wavelengths and the main pulse contains 65 per cent of the total energy. No lines have been detected.Searches for other pulsars have been unsuccessful.
Optical Timing of the Crab Nebula Pulsar NP 0532
Authors: Nelson Jerry , Hills Richard , Cudaback David , Wampler Joseph 
Published: June 2019

Accurate pulse arrival times have been measured for NP 0532 during the period 15 December 1969 to 3 May 1970, and have been fitted to simple models of the pulsar braking mechanism. A good fit could not be obtained to all the data at once, because of deviations on a time scale of several days. However it was possible to divide the observing period into four shorter intervals in such a way that the data within each deviated only slightly from smoothly varying functions. The difference in the parameters of these four functions may indicate sudden events in the pulsar producing changes of order of 1 part in 109 in the pulsar frequency and 4 parts in 105 in the rate of change of frequency. In each case the difference in frequency from one interval to the next implies a slowdown of the pulsar.We found that the average value of the ‘braking parameter’ n in the equation dE/dt = -Aωn was 3.63, but dividing the data into shorter intervals gave values between 0 and 5. We found no changes in the mean shape of the pulses, or the phase of the interpulse relative to the main pulse.
The atmosphere of subluminous B stars
Authors: Heber U. , Hunger K. , Jonas G. , Kudritzki R.P. 
Published: June 2019

8 sdB stars have been analyzed for effective temperatures, gravity and helium content by means of LTE and NLTE model atmospheres (Heber et al., 1983). The analyses are based on the following observations:
1.)B&C IDS spectrograms obtained with ESO's 3.6m and 1.5m telescopes (4250–4800å at 29 å/mm, or, 4000–5000å at 59 å/mm).2.)IUE spectra in low resolution (6å) through the large aperture.3.)Johnson and Strömgren colours, which are taken from the literature.
On the Ellipsoidal Distribution of Density in the Earth's Interior
Authors: Mescheryakov G. A. , Dejneka Y. P. 
Published: June 2019

Density within the Earth is expressed by means of generalized Fourier series as a function of the coordinates of a point: its distance from the geocenter, colatitude, and longitude. The following data are used to obtain the coefficients of the series: the parameters of the Earth ellipsoid (assumed to be biaxial), the dynamical flattening of the Earth, the Stokes constants, and the density jumps at four surfaces according to seismological data.The model of the Earth proposed by the authors is composed of five layers, the density in each layer being expressed as a function of the distance from the center of the Earth by a polynomial of fourth degree. To verify the model, periods of the fundamental modes of spherical and torsion oscillations are derived and compared with observations of the free oscillations of the Earth. The maximum difference is within the errors of the observed periods.
Distribution and Motions of Atomic Hydrogen in Lenticular Galaxies
Authors: van Woerden Hugo , van Driel Wim , Schwarz Ulrich J. 
Published: June 2019

We report the results of HI observations of eleven gas-rich SO/SOa galaxies with the Westerbork Synthesis Telescope. The majority of these galaxies have most of their hydrogen outside the optical body, in annular configurations with diameters ~2 times the optical. These outer gas rings are often clumped, incomplete, and in approximately circular motion. They may represent the remnants of primordial, often warped, gas disks; or they may have formed from gas (or dwarf galaxies) accreted recently. Optical spectra could discriminate between these possibilities.A few objects have filled gas disks, and several have inner HI rings with radii ~0.4 × optical. Two objects have peculiar distributions suggesting, respectively, tidal effects and stripping. However, stripping by intergalactic gas appears not to be a major current process.
Search for Small Scale Anisotropy of the 3K Emission of the Universe
Authors: Berlin A. B. , Bulaenko E. V. , Vitkovsky V. V. , Kononov V. K. , Parijskij Yu. N. , Petrov Z. E. 
Published: June 2019

One of the greatest mysteries of nature is the absence of any trace of the present structure of the nearby universe in its relict 3K emission.If we live in an evolving world (which evolves from extremely smooth to extremely structural), our radio telescopes should see observable temperature variations of 3K in practically any world model.
(Intrinsic) Variations of Wolf-Rayet Stars
Authors: van Genderen A.M. , Verheijen M.A.W. , van Kampen E. , Robijn F.H.A. , van der Heiden R. , van Esch B.P.M. , Greidanus H. , le Poole R.S. , Reijns R. A. , van der Hucht K.A. , Schwarz H. E. , de Loore C.W.H. , Kuulkers E. , Spijkstra L. 
Published: June 2019

Twenty - two Wolf-Rayet stars (12 of type WN and 10 of type UC) were observed in the years 1986-1990 with the VBLUW photometer of Walraven. Eight (WC and WN) objects appeared to be constant. Five of the in total 14 variable objects will be discussed in the present paper: UR46 (WN3 pec), WR50 (WC6+a), WR55 (WN8), WR86 (WC7) and WR123 (WN8).Simultaneous spectroscopy is made for WR46 and WR50. These results will be also discussed in short.
Massive Contact Binary Systems
Authors: Leung Kam-Ching 
Published: June 2019

In recent years very massive single stars have been found to be upward of 90 M⊙. Massive contact binary systems have been found among the early-type systems, but their masses are far less than those reported for single stars. The most massive component found is about 60 M⊙.It is generally believed that no late-type very massive stars have been detected (Humphreys and Davidson). This may be due to the large amount of mass loss from stellar wind. Recently, several extremely long-period late-type binary systems have been found to be contact systems. Two systems, UU Cnc and 5 Cet, have their primary components with masses exceeding 40 M⊙, and K spectra. This result tends to suggest that close or interacting binary stars may be able to preserve the mass loss from stellar wind within the binary systems.