bluuebunny/crossref_metadata_2025_split huggingface dataset:
Access to EU Documents: An End at Last to the Authorship Rule?
Authors: von Unger Moritz 
Published: July 2010

AbstractThe key legal text governing public access to EU documents is Regulation 1049/2001. In contrast to the previous legal regime, the Regulation dismisses the so called authorship rule, which aligns it with recent developments in the field of the law of transparency and, notably, of international environmental law (Aarhus Convention). The European institutions are hence tasked with making all documents accessible to the public, which include both those originating with them and those from third parties. Yet unlike the Aarhus Convention, the Regulation has a blind spot, which leads to the important question of whether a Member State can simply order the institutions to withhold any of its documents whenever it chooses to do so. For the first time, the European Court of Justice is being asked to hand down a judgment on this question. The author suggests that the Court may wish to consider an interpretation of Regulation 1049/2001 that adjusts it further to the international standard as set by the Aarhus Convention.
The Role of Risk Assessment in Precautionary Intervention: A Comparison of Judicial Trends in the EC and WTO
Authors: Stokes Elen 
Published: July 2010

AbstractThis paper focuses on the meanings attached to the "precautionary principle" in judgments passed down by the World Trade Organisation (WTO) and the European Community (EC) courts. It speaks to claims that, in response to WTO litigation, the EC courts are beginning to construe the precautionary principle in a manner that more closely resembles obligations arising from the Agreement on Sanitary and Phytosanitary Measures (the SPS Agreement). It illustrates that although disparities between interpretations in EC and WTO case law of legitimate precautionary intervention are growing to be less obvious, inconsistencies continue to exist.
SPAs and SACs in Conversion Areas?
Authors: Appel Markus , von Daniels Gero 
Published: July 2010

AbstractAt times, European nature conservation efforts seem to create obstacles in their own path. One striking example for this is at present coming into focus in East Germany, where the huge crater-like holes remaining from the massive open cast lignite mining activities in the former GDR are to be recultivated and rehabilitated. However, birds have nonetheless already begun to settle and habitats have formed in some parts of the areas in question, so that the designation of the areas as 'Special Protection Areas' (SPAs) and 'Special Areas of Conservation' (SACs) within the meaning of the Birds and Habitats Directives seems indicated. On the other hand, it would be very difficult, if not impossible, to realise the intended recultivation and rehabilitation measures in SPAs or SACs. The same dilemma may be encountered in other regions of Europe, especially in Eastern Europe, where former mining, industrial or military sites or similar areas are being subjected to a sea change. In this connection, the question arises of whether such areas in the process of conversion are eligible to be considered as SPAs and SACs at all.
Liability Directive - a Useful Tool for Nature Protection?
Authors: Fehr Karl-Heinz , Friedrich Barbara , Scheil Susanne 
Published: July 2010

AbstractThree years ago the Directive 2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage entered into force. Dividing environmental damage into three different categories (biodiversity, water and soil), the Directive's concept is based on a mixed liability system following the US-American example while stressing the polluter-pays-principle. Member States have to incorporate the Directive's provisions into national law by 30 April 2007. Yet the efficiency of the measures is still doubtful. The following article illustrates the Directive's provisions and highlights its problems, particularly those resulting from exemptions, concluding that further instruments are necessary in order to achieve comprehensive nature protection.
The Nairobi Climate Change Summit (COP 12 - MOP 2): Taking a Deep Breath before Negotiating Post-2012 Targets?
Authors: Sterk Wolfgang , Watanabe Rie , Ott Herniann E. , Wittneben Bettina 
Published: July 2010

AbstractComing at the end of a year where public awareness of climate change had reached unprecedented heights, there was much hope by the general public that the United Nations climate change conference in Nairobi would be characterised by a renewed sense of urgency and seriousness. However, although a sense of urgency was present in many delegates individually, the conference proceeded with its usual diplomatic ritual at an almost surrealistic slow pace, apparently unaffected by time pressure. While it did see some progress on important issues for developing countries such as the Adaptation Fund, the Nairobi Work Programme on Impacts, Vulnerability, and Adaptation to Climate Change, and the Clean Development Mechanism (CDM), on questions regarding the future of the regime it proved to be at best a confidence-building session that served to hear further views. More serious work on the future of the regime can — and must — therefore be expected of the next Conferences of the Parties.
REACH - a Reality and the Future
Authors: Blainey Mark 
Published: July 2010

AbstractFrom the beginning of 2007, REACH became a reality following an intense negotiation period and much discussion in and outside the European Institutions. The final REACH Regulation is well balanced and will provide a workable framework for managing chemicals for the next 25 plus years. Compared to current legislation it has many beneficial features, not least a simplification over the 40 odd pieces of the current legislation. However, even though the work to agree REACH has been completed, the Commission has been given a number of tasks such as reviewing a number of the Annexes and to set up the European Chemicals Agency in Helsinki. The work continues.
The New Legislative Competence of "Divergent State Legislation" and the Enactment of a Federal Environmental Code in Germany
Authors: Klein Benjamin , Müller Uwe 
Published: July 2010

AbstractIn the course of the comprehensive reform of the federal system (Föderalismusreform) which entered into force on 1 September 2oo61, the Federation (Bund) has been granted additional legislative competencies with regard to environmental issues. At the same time, however, the newly established legislative competence of "divergent state legislation" (Abweichungsgesetzgebung) allows the Federal States (Leinder) to enact laws deviating from federal legislation in certain areas. On the one hand, the strengthening of legislative competencies of the Federation with regard to environmental issues enables the enactment of a Federal Environmental Code, which has been under discussion for many years. On the other hand, deviating provisions of the Federal States could undermine the integrative effects of such a code. However, the vast majority of national environmental regulations are mandatory implementation of European law. Thus, the question arises whether the new legislative competence of "divergent state legislation" will even become relevant in practice and whether it will actually impede an integrative Federal Environmental Code, or if the duty to observe European law will serve as a corrective influence and prevent the Federal States from undermining a Federal Environmental Code by precluding them from making extensive use of their powers to enact divergent legislation.
A Consideration of the Implementation of the Environmental Liability Di rective to Date
Authors: Anstee-Wedderburn Jane 
Published: July 2010

AbstractThe adoption of the EU Environmental Liability Directive (Directive 2004/35/EC) ("ELD") was fraught with controversy. The controversy was perhaps not surprising given that the Commission estimates the ELD will cost around 1.5 billion to implement2 and that it represents one of the EU's most far-reaching environmental policies adopted to date. This article provides an overview of the key concepts of the ELD, and then considers the status of implementation of the ELD and some of the differences in approach to implementation in respect of some of the key concepts that have so far arisen in the UK, France, Germany and Spain.
Environmental Liability in Switzerland- Selected Aspects
Authors: Faeh Andrea 
Published: July 2010

AbstractThe Swiss environmental liability system is based on several provisions in a range of public and civil law statutes. This contribution focuses on the Swiss Environmental Protection Act (EPA) and its central liability provisions. Furthermore, these findings will be compared to other Swiss liability provisions which may also be applicable to environmental damage, followed by a brief discussion on the postponed proposal of a uniform liability system. After an overview of the relevant international agreements, the article will close with a comparison between the Swiss regime and the Directive 2004/35/EC.
Carbon Capture and Storage: Developments under European Union and International Law
Authors: Havercroft Ian , Purdy Ray 
Published: July 2010

AbstractRecent amendments to key international legal regimes and the proposed introduction of an enabling legislative framework within Europe, have highlighted the importance of CCS as a climate mitigation option for the European Union and its Member States. This paper seeks to analyse these developments and provide an up-to-date examination of the issue of regulatory options for CCS and further proposals for the resolution of legal ambiguity.
The Aarhus Convention: A Basis for Reforming the Legislation on Access to Environmental Information in Kazakhstan
Authors: Ni Vadim 
Published: July 2010

AbstractThis article describes the prerequisites, stages and outcomes of the reform of legislation on public access to environmental information in Kazakhstan, where the Convention of the UN Economic Commission for Europe on Access to Environmental Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention, or Convention)1 has served as a driving force in this process. New approaches and legal requirements on access to environmental information have been embodied in the Environmental Code2 and the new Law on the Procedure for Review of Appeals from Natural and Legal Persons (Law on appeals)3.
Presence of Plagiotrochus Mayr, 1881 in the Himalayan area, with redescription of Plagiotrochus semicarpifoliae (Cameron, 1902) COMB. N. (Hymenoptera: Cynipidae)
Authors: Kovalev Oleg , Bellido David , Ros-Farré Palmira , Pujade-Villar Juli 
Published: July 2010

AbstractPlagiotrochus semicarpifoliae comb n. is transferred to Plagiotrochus Mayr from Callirhytis Foerster, 1869, and adults of the agamic form are redescribed and compared with other species of the genus. The plesiomorphic traits of P. semicarpifoliae suggest a Southeast Asian origin for Plagiotrochus, which could have migrated with their hosts to the Mediterranean area, where the most derived forms are present.
Laxotela - a new genus of Therevidae (Diptera) from Australia
Authors: Irwin Michael E. , Winterton Shaun L. 
Published: July 2010

AbstractLaxotela gen. n. is described and figured from Australia, with five new species: L. gaimarii sp. n., L. hauseri sp. n., L. holstoni sp. n., L. metzi sp. n. and L. whitei sp. n. We conducted a cladistic analysis of all species of Laxotela gen. n. and Belonalys occulta (White). The phylogenetic relationships of Laxotela gen. n. and the sister group relationship of Laxotela gen. n. to Belonalys are discussed.
Palearctic and Nearctic Chironomus (Camptochironomus) tentans (Fabricius) are different species (Diptera: Chironomidae)
Authors: Butler Malcolm G. , Shobanov Nickolai A. , Kiknadze Iya I. 
Published: July 2010

AbstractMorphological comparison of populations of Chironomus (Camptochironomus) tentans (Fabricius) from Europe, Asia and North America has confirmed earlier cytogenetic evidence that two distinct species inhabit the Palearctic and the Nearctic under this name. The Palearctic species is the true C. tentans, whereas Nearctic populations constitute a new species described here under the name Chironomus (Camptochironomus) dilutus. Descriptions of the larva, pupa and adult male of both species are presented, and the taxonomic structure of the subgenus Camptochironomus is examined.
Taxonomy, biogeography and phylogenetic position of the North African Ceramius maroccanus-complex (Hymenoptera: Vespidae, Masarinae)
Authors: Mauss Volker 
Published: July 2010

AbstractThe Ceramius maroccanus-complex is endemic to southwestern Morocco. The status of C. maroccanus (Giordani Soika 1957) and C. montanus Gusenleitner 1990 as separate species is confirmed, C. rubripes Gusenleitner 1990 stat. n. and C. gessi sp. n. are recognized as species for the first time. The four species are redescribed/described and illustrated, and their distribution and flight period are analysed. Identification keys to males and females are provided. The C. maroccanus-complex is a monophyletic group within 'Species group 7' of Richards 1962, and is probably the sister group of the C. lusitanicus-complex.
Descriptions of eight new species of Desmopachria Babington 1841 from Bolivia (Coleoptera: Dytiscidae: Hydroporinae: Hyphydrini)
Authors: Miller Kelly B. 
Published: July 2010

AbstractThe following eight new species are described from Bolivia; Desmopachria (Desmopachria) aphronoscelus, D. (D.) bolivari, D. (D.) draco, D. (D.) psarammo, D. (D.) rhea, D. (D.) taniae, D. (Pachriostrix) chei and D. (Portmannia) youngi. Figures of male genitalia are provided for each species.
Review of the New World Hemipeplinae (Coleoptera: Mycteridae) with descriptions of ten new species
Authors: Pollock Darren A. 
Published: July 2010

AbstractThe New World fauna of Hemipeplinae (Mycteridae) consists of 2 genera and 16 species, including the following ten species described as new: Hemipeplus abditus (Mexico), H. longiscapus (Cuba), H. glabratus (Cuba), H. argentinus (Argentina), H. thomasi (Mexico), H. dominicensis (Dominican Republic), H. tuberculatus (Mexico), H. bolivianus (Bolivia, Peru), H. angustipennis (Venezuela), and H. quadricollis (Brazil, Peru). A lectotype is designated for H. gounellei Grouvelle. All species are diagnosed, described, and illustrated with line drawings and habitus photographs. A key to the New World species of Hemipeplinae is given.
The spinosus-group of Euops Schoenherr (Coleoptera: Curculionoidea, Attelabidae), weevils with humeral spines from New Guinea
Authors: Riedel Alexander 
Published: July 2010

AbstractA new species group of Euops Schoenherr is described from the highlands of New Guinea and is referred to as the 'spinosus-group'. The included species can be readily identified by the conspicuous spines on the posterior part of the elytral humeri. The group contains ten new species : E. aculeatus sp. n., E. armatus sp. n., E. gressitti sp. n., E. monstruosus sp. n., E. paniaiensis sp. n., E. paraspinosus sp. n., E. pseudomonstruosus sp. n., E. spinosus sp. n., E. yali sp. n., and E. zimmermanni sp. n. The species are described and the characters relevant for their identification, including male and female genitalia, are illustrated. A key to the species is provided. A cladistic analysis is performed, and the monophyly of the group is demonstrated.
A fossil palm bruchid, Caryobruchus dominicanus sp. n. (Pachymerini: Bruchidae) in Dominican amber
Authors: Poinar George O. 
Published: July 2010

AbstractPoinar Jr, G. O.: A fossil palm bruchid, Caryobruchus dominicanus sp. n. (Pachymerini: Bruchidae) in Dominican amber. Ent. scand. 30: 219-224. Copenhagen, Denmark. July 1999. ISSN 0013-8711. The first fossil palm bruchid, Caryobruchus dominicanus sp. n. (Coleoptera; Bruchidae) is described from Dominican Republic amber. This species is closely related to extant Central American-West Indian members of the genus, all of which develop in the seeds of palms. Aside from providing indirect evidence of fan palms, especially those of the genus Sabal, in the original Dominican amber forest, the present find shows that seed predation by Caryobruchus spp. was established in the West Indies some 15-45 million years ago.
The Chaetocnema longicornis species-group: systematics and geographic distribution (Coleoptera: Chrysomelidae, Alticinae)
Authors: Biondi M. , De Nardis G. 
Published: July 2010

AbstractThe known species of the longicornis species-group in the genus Chaetocnema Stephens, 1831, are revised. A diagnosis of the C. longicornis species-group is given and five new species are described from Republic of South Africa and Democratic Republic of Congo: C. kapirensis sp. n. (Lualaba Province), C. mariobiondii sp. n. (Kwa-Zulu Natal, Weza), C. zulu (Kwa-Zulu Natal, Central Drakensberg), C. mapumalangaensis (Mapuma langa), and C. phuthaditjhabensis (Free State). Redescription and line drawings of male and female genitalia of C. longicornis Jacoby, 1895 and C. reprehensa Bechyné, 1960, and SEM photographs of particular morphological aspects of all species are also included. Finally ecological data on some species are supplied.
Larval morphology of four genera of Laccophilinae (Coleoptera: Adephaga: Dytiscidae) with an analysis of their phylogenetic relationships
Authors: Watts Chris H.S. , Nilsson Anders N. , Balke Michael , Hendrich Lars , Alarie Yves 
Published: July 2010

AbstractDescriptions of the larval instars of four genera (12 species) of the dytiscid subfamily Laccophilinae, Laccophilus Leach, Neptosternus Sharp, Australphilus Watts and Africophilus Guignot, are presented including a detailed chaetotaxic and porotaxic analysis of the cephalic capsule, head appendages, legs, last abdominal segment and urogomphi. A parsimony analysis, based on the 13 informative larval characteristics was conducted with Hennig86. The genus Africophilus is postulated to represent the sister-group of a clade comprised of Laccophilus + (Neptosternus + Australphilus) which is supported by, (i) primary seta CO7 articulated proximally on all legs, (ii) presence of natatory setae, (iii) metatibia + metatarsus very elongated, and (iv) elongated urogomphi.
The pupal cremaster as a diagnostic character for species of Phyllonorycter (Lepidoptera: Gracillariidae), with description of a new species of the nipponicella complex from Japan
Authors: Fujihara Junko , Kumata Tosio , Sato Hiroaki 
Published: July 2010

AbstractThe pupal cremasters of twelve species of Japanese oak-feeding Phyllonorycter are examined. The cremasters, even those of closely related species, are specifically distinct. Combined with descriptions of European and North American species, the present results indicate that the cremaster can be used as a diagnostic character for the species of Phyllonorycter. A new species, P. persimilis, which was previously confused with P. similis Kumata, and the female of P. nipponicella (Issiki), hitherto unknown, are described. The nipponicella complex including these species is reviewed and the speciation of its members is discussed in relation to diversification of the host plant preference.
Key to the soldiers of South American Heterotermes with a new species from Brazil (Isoptera: Rhinotermitidae)
Authors: Constantino Reginaldo 
Published: July 2010

AbstractA soldier-based key to the South American species of Heterotermes is presented. Six species are recognized: H. assu sp. n., H. convexinotatus, H. crinitus, H. longiceps, H. sulcatus and H. tenuis. H. assu sp. n., is described from the Brazilian Atlantic forest, including the imago, soldier and worker castes. H. assu is also recorded from urban areas as a pest. The imago of H. longiceps is described and illustrated for the first time. The soldiers of all species are illustrated and their known distribution mapped, with several new records.
The fossil record of Phasmida (Insecta: Neoptera)
Authors: Tilgner Erich 
Published: July 2010

AbstractA review of the Phasmida fossil record is provided. No fossils of Timema Scudder are known. Euphasmida fossils include: Agathemera reclusa Scudder, Electrobaculum gracilis Sharov, Eophasma oregonense Sellick, Eophasma minor Sellick, Eophasmina manchesteri Sellick, Pseudoperla gracilipes Pictet, Pseudoperla lineata Pictet and various unclassified species from Grube Messel, Baltic amber, and Dominican Republic amber. The oldest documented Euphasmida fossils are 44-49 million years old; molecular clock dating underestimates the origin of the sister group Timema by at least 24 million years.
The monophyly and relative rank of alticine and galerucine leaf beetles: A cladistic analysis using adult morphological characters (Coleoptera: Chrysomelidae)
Authors: Lingafelter S.W. , Konstantinov A.S. 
Published: July 2010

AbstractThe first cladistic analysis to determine the monophyletic status of alticine and galerucine leaf beetles and their relationship to one another is provided. A classification based on their hypothesized relationships is proposed. Fifty morphological characters of adults were analyzed from twenty-nine taxa representing six traditionally recognized subfamilies (Orsodacninae, Aulacoscelidinae, Eumolpinae [including Synetini], Chrysomelinae, Galerucinae, and Alticinae), with an emphasis on thorough exemplar representation from galerucines and alticines. Cladistic analyses of these characters using the heuristic analysis of PAUP resulted in 444 equally most parsimonious cladograms, a consensus of which was mostly unresolved. Successive approximations weighting of these trees produced a nearly fully resolved hypothesis of relationships among the taxa. This hypothesis indicates the monophyly of chrysomelines + eumolpines + orsodacnines and monophyly of galerucines + alticines. Importantly, the alticines are a highly derived, strongly supported monophyletic group, nested within galerucines. Therefore, alticines must have a lower relative taxonomic rank (such as tribe) to Galerucinae in order to reflect this phylogenetic hypothesis.
Synopsis and cladistics of the American Aterpini (Coleoptera: Curculionidae, Cyclominae)
Authors: Morrone Juan J. , Roig-Juñent Sergio 
Published: July 2010

AbstractThe American members of the tribe Aterpini are restricted to the Central Chilean and Subantarctic biogeographic subregions of southern South America. They include the genera Alastoropolus Kuschel, with one species (A. strumosus), and Aegorhinus Erichson ( = Micropolus Kuschel, syn. n.), with 22 species. A cladistic analysis using 44 characters from external morphology produced 14 cladograms (CI = 0.39, RI = 0.62, and 177 steps, which after successive weighting were reduced to two cladograms (CI = 0.63, RI = 0.84, and 326 steps). Alastoropolus is the sister genus to Aegorhinus, whose species are arranged according to the following phylogenetic sequence: (A. fascicularis, (A. kuscheli, (A. delfini comb. n., (A. servillei; ((A. vitulus, A. bulbifer), (A. silvicola, A. nitens, ((A. inermis, (A. oculatus, (A. opaculus, (A. nodipennis, A. ochreolus)))), (A. transandinus, (A. maestus, (A. phaleratus, (A. boviei, (A. superciliosus, (A. subplanifrons, (A. schoenherri, (A. albolineatus, A. suturalis))))))))))))))). A key and habitus drawings are provided. Biogeographic patterns exhibited by species of American Aterpini indicate that they are basically restricted to the Maule and Valdivian provinces of the Sub-antarctic subregion, with three species (A. strumosus, A. delfini, and A. vitulus) also found in the Magellanic forest province of the same subregion, and two species (A. boviei and A. phaleratus) distributed in the Central Chilean subregion.