title: The International Law Gaze: The Plain Victory of Tobacco Plain Packaging Legislation in Philip Morris Asia v Australia

authors: Alvarez-Jimenez, Alberto

abstract: The legal regime on the protection of foreign investment through international investment agreements passed a very important test recently with the award rendered by an arbitration tribunal (the tribunal) adjudicating the dispute between Philip Morris Asia and Australia (Philip Morris Asia v Australia, Award on Jurisdiction and Admissibility, 17 December 2015. https://www.pcacases.com/web/view/5). The origin of the controversy was the adoption of tobacco plain packaging legislation by the latter in 2011, which Philip Morris regarded as a violation of the standards of protection provided for in the Agreement between the Government of Hong Kong and the Government of Australia for the Promotion and Protection of Investment, signed on September 15, 1993 (the BIT). According to Philip Morris, the legislation barred the use of intellectual property on tobacco products and packaging and had, therefore, substantially reduced the value of Philip Morris’s investment in Australia. Fearing that Australia’s example would start being followed by other nations, Philip Morris did not hesitate in requesting far-reaching relief orders from the tribunal: suspension of the plain packaging legislation and compensation that could be of the order of billions of Australian dollars. (PMA v Australia, para. 8). The tribunal concluded that Philip Morris had carried out an abuse of process, that its claims were inadmissible and, consequently, that the tribunal was precluded from exercising jurisdiction to settle the dispute. (PMA v Australia, para. 588).

text: The International Law Gaze: The Plain Victory of Tobacco Plain Packaging Legislation in Philip Morris Asia v Australia The legal regime on the protection of foreign investment through international investment agreements passed a very important test recently with the award rendered by an arbitration tribunal (the tribunal) adjudicating the dispute between Philip Morris Asia and Australia (Philip Morris Asia v Australia, Award on Jurisdiction and Admissibility, 17 December 2015. https://www.pcacases.com/web/view/5). The origin of the controversy was the adoption of tobacco plain packaging legislation by the latter in 2011, which Philip Morris regarded as a violation of the standards of protection provided for in the Agreement between the Government of Hong Kong and the Government of Australia for the Promotion and Protection of Investment, signed on September 15, 1993 (the BIT). According to Philip Morris, the legislation barred the use of intellectual property on tobacco products and packaging and had, therefore, substantially reduced the value of Philip Morris’s investment in Australia. Fearing that Australia’s example would start being followed by other nations, Philip Morris did not hesitate in requesting far-reaching relief orders from the tribunal: suspension of the plain packaging legislation and compensation that could be of the order of billions of Australian dollars. (PMA v Australia, para. 8). The tribunal concluded that Philip Morris had carried out an abuse of process, that its claims were inadmissible and, consequently, that the tribunal was precluded from exercising jurisdiction to settle the dispute. (PMA v Australia, para. 588).

year: 2016-12-01

title: Summer variability, winter dormancy: lichen activity over 3 years at Botany Bay, 77°S latitude, continental Antarctica

authors: Schroeter, Burkhard

subjects: snall fall

abstract: Lichens make up a major component of Antarctic vegetation; they are also poikilohydric and are metabolically active only when hydrated. Logistic constraints have meant that we have little idea of the length, timing or environmental conditions of activity periods of lichens. We present the results of a three-year monitoring of the activity of the lichen Umbilicaria aprina at Botany Bay (77° S latitude) in the Ross Sea region, continental Antarctica. Chlorophyll fluorescence parameters that allowed hydrated metabolic activity to be detected were recorded with a special fluorometer at 2- or 3-h intervals. Air and thallus temperatures and incident PPFD (photosynthetic photon flux density, lmol photon m-2 s-1) were also recorded at hourly intervals. Activity was extremely variable between months and years and, overall, lichen was active for 7% of the 28-month period. Spring snow cover often delayed the onset of activity. Whereas the period immediately after snow melt was often very productive, the later months, January to March, often showed low or no activity. Mean thallus temperature when active was just above zero degrees and much higher than the annual mean air temperature of -15 to -19° C. Because major snow melts occurred when incident radiation was high, the lichen was also subjected to very high PPFD when active, often more than 2,500 lmol photon m⁻² s⁻¹. The major environmental stress appeared to be high light rather than low temperatures, and the variability of early season snow fall means that prediction of activity will be very difficult.

text: Summer variability, winter dormancy: lichen activity over 3 years at Botany Bay, 77°S latitude, continental Antarctica Lichens make up a major component of Antarctic vegetation; they are also poikilohydric and are metabolically active only when hydrated. Logistic constraints have meant that we have little idea of the length, timing or environmental conditions of activity periods of lichens. We present the results of a three-year monitoring of the activity of the lichen Umbilicaria aprina at Botany Bay (77° S latitude) in the Ross Sea region, continental Antarctica. Chlorophyll fluorescence parameters that allowed hydrated metabolic activity to be detected were recorded with a special fluorometer at 2- or 3-h intervals. Air and thallus temperatures and incident PPFD (photosynthetic photon flux density, lmol photon m-2 s-1) were also recorded at hourly intervals. Activity was extremely variable between months and years and, overall, lichen was active for 7% of the 28-month period. Spring snow cover often delayed the onset of activity. Whereas the period immediately after snow melt was often very productive, the later months, January to March, often showed low or no activity. Mean thallus temperature when active was just above zero degrees and much higher than the annual mean air temperature of -15 to -19° C. Because major snow melts occurred when incident radiation was high, the lichen was also subjected to very high PPFD when active, often more than 2,500 lmol photon m⁻² s⁻¹. The major environmental stress appeared to be high light rather than low temperatures, and the variability of early season snow fall means that prediction of activity will be very difficult.

year: 2011

title: Ngā Tohu o te Ora: traditional Māori healing and wellness outcomes

authors: Ahuriri-Driscoll, Annabel

abstract: The Ngā Tohu o te Ora (signs of wellness) research project was developed to investigate outcomes associated with rongoā Māori, in order that this traditional practice might enjoy increased support as a funded service. The primary aims were to: 
1. Identify wellness outcome measures used by traditional Māori healers, and 
2. Develop and test a framework of traditional Māori wellness outcome measures. 
Secondary aims included integrating the wellness outcomes framework with the Pūrākau framework (developed by the authors in a previous HRC seeding grant), and disseminating research findings among healing, health service delivery and research communities. 10 Work towards Aims 1 and 2 were undertaken in two distinct stages in the research: identifying wellness outcomes and weaving them together in the form of a framework comprised Stage I research activities (June 2008 - December 2009), and testing the use of the framework by Whare Oranga constituted Stage II (January 2010 - July 2011). Recognising the importance of meaningful engagement for both research 'success' and healer benefit, emphasis was placed on ensuring high quality relationships between the research team and participating practitioners/Whare Oranga throughout; this constituted an implicit process aim. Several further aims emerged from engagement with healers, within which healers and research team members discussed potential service-oriented benefits that the research project would work towards. These included: 
• Enhancing the capacity of Whare Oranga to provide service information to funders that might support their wider understanding of rongoā Māori, with a view to securing additional contracts; 
• Providing newly established or developing Whare Oranga with tools and frameworks to support and strengthen their entry into health service provision in their local communities; and 
• Articulating clearly defined, assessable and progressive steps toward targeted domains of wellbeing for use by practitioners and their clients.

text: Ngā Tohu o te Ora: traditional Māori healing and wellness outcomes The Ngā Tohu o te Ora (signs of wellness) research project was developed to investigate outcomes associated with rongoā Māori, in order that this traditional practice might enjoy increased support as a funded service. The primary aims were to: 
1. Identify wellness outcome measures used by traditional Māori healers, and 
2. Develop and test a framework of traditional Māori wellness outcome measures. 
Secondary aims included integrating the wellness outcomes framework with the Pūrākau framework (developed by the authors in a previous HRC seeding grant), and disseminating research findings among healing, health service delivery and research communities. 10 Work towards Aims 1 and 2 were undertaken in two distinct stages in the research: identifying wellness outcomes and weaving them together in the form of a framework comprised Stage I research activities (June 2008 - December 2009), and testing the use of the framework by Whare Oranga constituted Stage II (January 2010 - July 2011). Recognising the importance of meaningful engagement for both research 'success' and healer benefit, emphasis was placed on ensuring high quality relationships between the research team and participating practitioners/Whare Oranga throughout; this constituted an implicit process aim. Several further aims emerged from engagement with healers, within which healers and research team members discussed potential service-oriented benefits that the research project would work towards. These included: 
• Enhancing the capacity of Whare Oranga to provide service information to funders that might support their wider understanding of rongoā Māori, with a view to securing additional contracts; 
• Providing newly established or developing Whare Oranga with tools and frameworks to support and strengthen their entry into health service provision in their local communities; and 
• Articulating clearly defined, assessable and progressive steps toward targeted domains of wellbeing for use by practitioners and their clients.

year: 2012