bluuebunny/crossref_metadata_2025_split huggingface dataset:
L’affaire “CE — Amiante” et la nouvelle jurisprudence de l’Organe d’appel de l’OMC concernant les risques à la santé
Authors: Marceau Gabrielle 
Published: June 2019

SommairePour la première fois, l’Organe d’appel, dans l’affaire CE — Amiante, offre une analyse plus globale de la relation entre l’obligation de traitement national (article III du GATT) et la possibilité d’invoquer des exceptions (article XX du GATT). Mettant de côté la littérature et l’approche traditionnelle qui semblaient mettre en opposition les soucis des environnementalistes (et défenseurs de la protection de la santé) et les réalités des marchés, l’Organe d’appel statue que les risques à la santé peuvent affecter la détermination de “similarité” entre marchandises (celles à risque et celles sans risque à la santé). De ce fait, l’Organe d’appel conclut que les risques à la santé peuvent affecter les propriété physiques des marchandises, de même que les goûts et perceptions de consommateurs concernant ces marchandises, deux des quatre critères qui doivent nécessairement faire l’objet d’analyse dans la détermination de similarité entre marchandises importées et marchandises domestiques — une détermination reposant essentiellement sur la relation de concurrence entre ces marchandises nationales ou importées.Continuant sa croisade sur le sens et la portée de l’Article XX du GATT, l’Organe d’appel réitère les nouveaux paramètres du test de “nécessité” de l’article XX — dont l’importance relative de l’intérêt commun ou des valeurs communes que la loi ou le règlement que l’on veut faire respecter est censé protéger, l’efficacité de la mesure et son impact sur le commerce — et mettra ainsi de coté le test traditionnel basé essentiellement sinon exclusivement sur l’existence d’alternatives moins restrictives sur le commerce.
The Right to Utilize the Waters of International Rivers
Authors: Bourne C. B. 
Published: June 2019

The Development of an International River Seldom proceeds at the same pace in the states through which it flows. The River Nile affords a good illustration of this: Egypt has for a long time substantially utilized its waters for irrigation; the Sudan has so far made moderate use of them, but is now embarking on a programme of agricultural expansion; and the states farther upstream, such as Ethiopia, Tanganyika, and Uganda, which supply the waters for the river, have scarcely begun to make use of them. The same story can be told of many other rivers.This unequal development of a river can cause great political, economic, and legal difficulties. Sooner or later, the state which has been slow to develop the portion of the river in its territory will need more and more water for domestic and sanitary purposes, for agriculture, for hydro-electric power, for industry, and so forth. As long as it can satisfy its needs without making claims on the water on which other co-riparian states depend, there will be no quarrel; but it will be otherwise when it can no longer do so. Competition for the limited supply of water will then lead to conflict. The future economic growth of one state at the expense of others will often be involved; perhaps hundreds of millions of dollars worth of investment, as in the case of the Columbia River, or millions of lives, as in the case of the Indus, may be put in jeopardy.
A Return toCommunitarianism? Reacting to “Serious Breaches of Obligations Arising under Peremptory Norms of General International Law” under the Law of State Responsibility and United Nations Law
Authors: Toufayan Mark 
Published: June 2019

SummaryDiscussion surrounding the prevention of genocide has focused to a large extent on the appropriate mode(s) of reaction to particularly serious breaches of human rights obligations. In particular, the question arose whether existing UN mechanisms aimed at preserving international peace and security should be regarded as a privileged — or even exclusive — means to enforce compliance by states with their obligations relating to genocide. Drawing extensively on the work of the International Law Commission on the codification of the law of state responsibility, the author argues that the new draft articles, with their emphasis on “serious breaches of obligations arising under peremptory norms of general international law” rather than obligations erga omnes, are ill-suited to provide for the taking of preventive measures by “not-directly affected” states. Paradoxically, the institutionalization of mechanisms for preventing gross human rights abuses has been reduced to a minimum in the new draft, with emphasis being laid on the vague requirement that states “cooperate” to bring “serious breaches” to an end. It is suggested, however, that ascribing a subsidiary role to UN organs and procedures is, despite criticisms made as to their adequacy, necessary to supplement state action. The UN has in fact a distinct legal interest that is clearly affected when breaches of obligations relating to genocide occur. More importantly, by acting on behalf of the “organized international community” in matters of international peace and security, the Security Council has itself assumed today a legally binding subsidiary obligation to prevent genocide. The article concludes that in the absence of ineffective decisional institutions for the prevention of genocide, the choice is not between the subjectivism of a decentralized response and the absence of any consequences for the most serious wrongful acts but rather to strengthen the UN’s institutional capacity to react.
Coming in from the Shadow of the Law: The Use of Law by States to Negotiate International Environmental Disputes in Good Faith
Authors: Hutchison Cameron 
Published: June 2019

SummaryInternational law increasingly obliges states to negotiate in good faith environmental disputes that arise in connection with the use and protection of shared or common property natural resources — that is, watercourses, fisheries, and migratory species. Articulation of this duty to negotiate in good faith has been vague, and, perhaps as a consequence, disputes have been protracted or have gone unresolved. Part of the problem may be that states do not know how to interpret their competing rights in the resource. This article explores the facilitative potential of international authoritative soft law to good faith negotiation where rights and obligations of resource use and protection are broadly stated and their relationship to one another is unclear. In this context, our understanding of the relevance, sources, and use of law in the negotiation process contributes to whether law functions to facilitate or frustrate dispute resolution. Through discursive interaction undertaken in good faith, states should look to international authoritative soft law to explicate, integrate, and reconcile their legitimate interests within their competing rights and obligations, according to prescribed legitimacy criteria.
Is a New State Responsible for Obligations Arising from Internationally Wrongful Acts Committed before Its Independence in the Context of Secession?
Authors: Dumberry Patrick 
Published: June 2019

SummaryThis comment addresses the question of the succession of states to obligations arising from the commission of internationally wrongful acts in the specific context of secession. It examines state practice and case law, which shows that the continuator state usually continues its own previous responsibility for internationally wrongful acts committed before the date of succession, notwithstanding the transformation affecting its territory. A more controversial issue is whether this principle of non-succession should always apply in the context of secession and whether there should not be some circumstances where the secessionist state should be responsible for internationally wrongful acts committed before the date of succession. This question is never addressed in doctrine. This article argues that there are, indeed, at least five different circumstances under which the new state should take over obligations arising from internationally wrongful acts committed before the date of succession.
Does theCharterFloat? The Application of theCanadian Charter of Rights and Freedoms to Canada’s Policing of High Seas Fisheries
Authors: Tyler Drew 
Published: June 2019

SummaryThe majority judgment of the Supreme Court of Canada inR v Hapeheld that, in general, theCanadian Charter of Rights and Freedomsdoes not apply to Canadian government agents when they are acting in foreign state territory. This comment considers whether this rule should extend to high seas interdictions, by Canadian agents, of foreign-flagged vessels. In particular, it considers the potential application of theCharterto Canada’s policing of high seas fisheries. It concludes that the legal regimes governing high seas fisheries are sufficiently distinct from those pertaining to state territory, that the rule inHapeshould not apply to high seas interdictions, and that the Charter should therefore apply to Canada’s high seas fisheries policing activities.
The International Court of Justice’sKosovoCase: Assessing the Current State of International Legal Opinion on Remedial Secession
Authors: Meester Daniel H. 
Published: June 2019

SummaryIn light of the global prevalence of secessionist movements, some have proposed “remedial secession” as a last resort solution where a “people” is either denied internal self-determination or is faced with massive human rights violations by a repressive regime. While lack of state practice largely confined this concept to academic circles through the 1990s and much of the 2000s, remedial secession received renewed international legal attention in the proceedings concerning the International Court of Justice’s (ICJ) 2008 advisory opinion in the caseAccordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo(Kosovocase).In light of support for remedial secession expressed in the submissions of eleven states, as well as its apparent endorsement in the separate opinions of two ICJ judges, advocates of remedial secession may plausibly argue that the soft law status of the concept has been strengthened and perhaps even that it is in the process of emerging as a regional customary norm for those states that supported it. However, the impact of theKosovocase on solidifying the legal status of remedial secession should not be overstated, as opponents of the concept may point to a number of contrary indicators that also emerged from the formal discourse surrounding the case.
Private Rights, the Use of Maps, State Responsibility, and Other Issues in the International Court of Justice’s Boundary Jurisprudence: 2000-10
Authors: Alvarez-Jimenez Alberto 
Published: June 2019

SummaryBoundary disputes constitute one of the most delicate issues for states, such that it is not surprising that frontier issues are among the most recurrent before the International Court of Justice (IC J) and have given rise to a rich jurisprudence. This jurisprudence comprises traditional areas: consent in boundary treaties, the principle ofuti possidetis juris, the notion ofeffectivités, and maritime delimitation. However, it also includes other topics that usually receive less attention, but which are nonetheless important to states and sometimes underlie their significant interest in boundary disputes. This article deals with such topics in order to show how the IC J has handled them in its boundary jurisprudence of the first decade of the new millennium. The author discusses IC J decisions addressing types of territory that cannot be appropriated,terra nullius, private rights, state succession, unilateral donations as sources of title to territory, irrelevant criteria in establishing title to territory (particularly historical consolidation), the use of maps, and state responsibility in connection with boundary disputes.
The Arctic Environment and International Humanitarian Law
Authors: Barnes Ashley , Waters Christopher 
Published: June 2019

SummaryWhile the law of the sea is rightly viewed as the most suitable international legal regime for the settlement of disputes in the Arctic, the militarization of this region in an era of climate change is also observable. Yet curiously, scant attention has been paid to the constraints the international humanitarian law (IHL) would impose on armed conflict in the Arctic, as unlikely as such conflict may be. These constraints include the specific prohibition on causing widespread, long-term, and severe environmental damage under Additional Protocol I to the Geneva Conventions as well as the related obligation to have “due regard” for the natural environment, as referred to in, for example, theSan Remo Manual on International Law Applicable to Armed Conflict at Sea. Similarly, environmental factors must play into military assessments of targets based on the general principles of IHL related to targeting. The authors explore how these various legal obligations could be applied in the Arctic context. Referring to the scientific literature, they suggest that, due to the particularly vulnerable nature of this regional environment, many traditional war-fighting techniques would lead to damage that is not legally permissible. This conclusion should provide an additional incentive to policy makers to demilitarize the Arctic and to solve peacefully any disputes that may arise over sovereignty, navigation, or resources.
Responsabilité pénale des agents ou fonctionnaires internationaux et immunité de juridiction
Authors: Namountougou Matthieu Aldjima 
Published: June 2019

SummaryAccording to the International Court of Justice, any person through whom an international organization acts is an agent of that organization. However, this definition is too broad. Any participation in the fulfilment of the mission of an international organization does not necessarily make the person an agent of the international organization. After detailing the particularities of the status of international agents, this article considers the issue of accountability for wrongs attributable to them. It recommends in this respect the development of a system of accountability that combines national and international justice responses with priority to the former based on the location of the offence.
A Thermal Catastrophe in a Resonantly Heated Coronal Loop
Authors: Martens P.C.H. , Kuperus M. 
Published: June 2019

A theory for the thermal stability of hot coronal loops is presented, which is based on the resonant electrodynamic heating theory of Ionson (1982) and the evaporation/condensation scenario of Krall and Antiochos (1980). The theory predicts that gradual changes in the length of a loop or in its magnetic field strength can trigger catastrophic changes in the X-ray visibility of the loop, without the need for a change in the magnetic field topology.A natural explanation is thereby given for the observations of X-ray brightenings in loops and loop evacuations with coronal rain.
The Remarkable Rotational Braking of G5 Giants
Authors: Gray David F. 
Published: June 2019

The strong rotational braking seen in the G5 III stage of evolution may be the key to understanding how stellar dynamos work.We are all familiar with the leisurely spin-down seen in cool main-sequence stars like our Sun. The time scales here are ∼ 109 years and the accepted cause is the loss of high angular momentum mass in the form of stellar winds interacting with the stellar magnetic field. The magnetic field is believed to result from the interaction of envelope convection with the rotation of the star through a dynamo mechanism. Our understanding of how a dynamo actually operates, how that operation depends on the driving forces of rotation and convection, what kind of stochastic and secular time variations are to be expected, remains fragmentary even though many inventive minds have contributed. One reason for slow progress is simply that the Sun is almost the only example of a stellar dynamo we have had. But nature has given us another, much more powerful dynamo in the G5 giants, it just took us a little longer to discover it.
Electron Microscopic Studies of Some Lunar Minerals
Authors: Champness P. E. , Lorimer G. W. 
Published: June 2019

Ion-thinned samples of rock 12052 have been examined in the electron microscope at 100 kV. This rock contains numerous phenocrysts of pyroxene, Ca1 – P (Mg, Fe)1 + P Si2O6, and a few rounded olivine crystals (Mg, Fe)2 SiO4 set in a finer-grained groundmass of pyroxene, plagioclase (Na, Ca) (Al, Si)4O8, ilmenite, FeTiO3 and other minor minerals (Champness et al., 1971). The cores of the pyroxene phenocrysts consist of a calcium-poor pyroxene, pigeonite, with an epitaxially grown rim of a calcium-rich pyroxene, augite. Both the pigeonite and augite are zoned, and indication of non-equilibrium crystallisation (Bence et al., 1970).The outer parts of the pigeonite cores of the phenocrysts show very finescale composition modulations on (001) (major) and (100) (minor) (Figure 1). This texture is interpreted as exsolution by a spinodal mechanism (Cahn, 1968).The augite rim of the phenocryst exhibits a coarse exsolution of pigeonite on (001) on which is superimposed fine-scale composition modulations on (001) and (100) (Figure 2).The two-stage exsolution process indicates that the cooling rate of the pyroxene increased suddenly, possibly when the magma was extruded on the Moon's surface.Antiphase domains produced during the polymorphic transition from space group C2/c to P21/c have been found in all primary and precipitated pigeonites (Figure 3). This confirms Morimoto and Tokonami's (1969) suggestion that all clino-pyroxenes have the C2/c space group at high temperatures.Cristobalite, a high-temperature polymorph of silica, occurs as very small grains in the groundmass. It contains numerous microtwins on {100} planes produced during the β→α polymorphic transition which occurs at 268°C (Figure 4a). Diffraction patterns show extensive diffuse streaks in various directions (Figure 4b) which correspond to intersections of planes in reciprocal space with the Ewald Sphere. These diffuse planes originate from the cooperative thermal vibration of Si-O chains parallel to {100} and {111}.
A Possible Mechanism of the Generating of the Unusually Long Lunar Seismic Oscillations
Authors: Passechnik I. P. , Sultanov D. D. 
Published: June 2019

One of the possible reasons of the long duration of lunar seismograms are multiple reflections in the upper part of lunar cross-section, similar to those generating under Earth conditions. While registration of seismic oscillations in a region with stratified low-velocity sediment rocks of 6–7 km thickness the authors observed long seismic low-decaying oscillations. The observed decay was about 40 db during 30 min.The long duration records are obtained only on the distances where the intense overcritical reflections exist from the M-boundary situated at a depth of 50 km.These waves generated numerous multiple reflections, longitudinal, shear and converted waves in the upper part of the cross-section. These body waves are responsible for the generation of the surface waves, recorded in the subsequent parts of the seismograms. Periods of body waves are about 1–1.5 s., those of surface waves – about 1.5–3 s.Extrapolating similar mechanism of the wave generation to lunar media, one should assume the presence of a layered upper part of the cross-section and the possibility of the sufficiently intense wave incidence on its lower boundary.It is possible if either reflecting boundaries or a vertical velocity gradient are present in the underlying media. The first variant is accompanied with overcritical reflections, the second one – with intense refracted waves.
Geologic Interpretation of the Study of Lunar Rocks
Authors: Kopecký Lubomír 
Published: June 2019

The hypothesis on an internal origin of lunar rocks of gabbroic type is supported by experimental petrologic data obtained by the author. The temperature interval of their crystallization from a dry silicate melt is given.Lunar gabbroic rocks of the Tranquillity Base are compared with paleobasalts of north-eastern Bohemia, eucrites and associated rocks of the British Isles and meteoritic eucrites of poikilophitic texture.The metasomatic origin of lunar anorthosites displaying a mosaic texture in deeper parts of the volcanic apparatus is postulated.An analogy is thought to exist between the Tertiary volcanic areas of Mull, Ardnamurchan and Rum in Scotland and the Ptolemaeus, Alphonsus and Arzachel regions of the Moon in the overall tectonic structure and the development of tectono-volcanic cirques. By analogy the possibility of the presence of more basic rocks in the rim and on the floor of the Moon subsidence calderas and of more acidic rocks of anorthositic to trachyandesitic chemistry in the central peak is presumed.The mode of origin of double-craters of Cyrillus-Theophilus type is suggested to be similar to the origin of two consecutive volcanic rings of Mull.The ring- and radial complexes of wrinkle ridges of Lamont type are compared with cone sheets and radial dykes of the central type tectono-volcanic complex of Mull.
Grains in Diffuse Clouds: Carbon-Coated Silicate Cores
Authors: Williams David A. 
Published: June 2019

A new model of interstellar grains is proposed in which grains in diffuse clouds consist of small (radius ≲ 10nm) and large asymmetric (0.05μm – 0.25μm) silicate cores thinly coated with mantles of amorphous carbon (thickness ≲ 5nm). This model can account successfully for many of the observed properties of interstellar dust and gives a simple interpretation of the interstellar extinction curve. The extinction bump at 220nm is attributed to absorption by finely divided silicates, as indicated by laboratory data. The large silicates provide a “grey” background extinction through the visual and UV, but the bulk of the extinction in this region is attributed, on the basis of laboratory data, to the amorphous carbon coatings. The average interstellar carbon depletion required in this model is about 50%.Wide variations in the observed interstellar extinction along different lines of sight are well known. These variations have a natural explanation in this model in terms of two parameters: the thickness of the carbon coatings, and the proportion of graphitic to diamond-like structure within the amorphous carbon. The underlying silicate cores are generally unchanged in these variations. The average interstellar extinction curve requires roughly equal proportions of graphitic and diamond-like forms of amorphous carbon. A higher graphitic fraction produces more visual extinction and a higher diamond-like fraction produces more far UV extinction. Varying both the proportions, and the total carbon content encompasses a wide range of extinction curve shapes.Amorphous carbon deposited at low temperature is generally diamond-like. Temperature excursions in the material reduce the hydrogen content and enhance the graphitic nature of the material. In the interstellar medium, this process has a time scale ≳ 106 yr. Carbon coatings are therefore expected to be deposited in the interstellar medium in diamond-like form and to be slowly converted to graphitelike. The growth of carbon mantles will be reversed by intermittent shocks Thus, interstellar space should contain grains with a range of thicknesses of carbon coatings, and compositions between graphitic and diamond-like.The chemical and physical properties of amorphous carbon have been the subject of intensive laboratory study. These properties enable an understanding of a variety of observations of dust (especially in the IR) and lead to a number of predictions which are described in this paper.