title: The right to life and law enforcement activities: The approrpriateness of a military response ot the problem of terrorism

authors: Chevalier-Watts, Juliet

abstract: This paper considers the issue of the right to life in several lethal force cases heard in the European Court of Human Rights as a result of State activity in response to terrorist and armed activity. In light of extensive judicial scrutiny, and the recent erroneous shooting dead of Brazilian electrician, Jean Charles de Menezes on the London Underground by police, this paper submits that a military response may balance the dichotomy of terrorism and the right to life. Article 2, the right to life, is the most fundamental of all the provisions of the European Convention on Human Rights; without it, all other provisions are redundant. However, this very right, in the context of lethal force and terrorism, was brought sharply into focus when Strasbourg heard the ground breaking Death on the Rock case, where terrorist suspects were shot dead by Special Forces soldiers in Gibraltar. Since this case, a number of lethal force cases have been heard by the European Court in relation to military and police terrorist operations. These cases have been subject to detailed scrutiny as to the application of the provisions of Article 2 of the Convention, and have produced divergent results. As a result, this paper submits that, in Europe at least, a military response acknowledges a State's authority to protect its populous and its agents, whilst at the same time entrenching the fundamental principle of the right to life, thus balancing two theoretically opposing concepts: the authority of the State and the right to life.

text: The right to life and law enforcement activities: The approrpriateness of a military response ot the problem of terrorism This paper considers the issue of the right to life in several lethal force cases heard in the European Court of Human Rights as a result of State activity in response to terrorist and armed activity. In light of extensive judicial scrutiny, and the recent erroneous shooting dead of Brazilian electrician, Jean Charles de Menezes on the London Underground by police, this paper submits that a military response may balance the dichotomy of terrorism and the right to life. Article 2, the right to life, is the most fundamental of all the provisions of the European Convention on Human Rights; without it, all other provisions are redundant. However, this very right, in the context of lethal force and terrorism, was brought sharply into focus when Strasbourg heard the ground breaking Death on the Rock case, where terrorist suspects were shot dead by Special Forces soldiers in Gibraltar. Since this case, a number of lethal force cases have been heard by the European Court in relation to military and police terrorist operations. These cases have been subject to detailed scrutiny as to the application of the provisions of Article 2 of the Convention, and have produced divergent results. As a result, this paper submits that, in Europe at least, a military response acknowledges a State's authority to protect its populous and its agents, whilst at the same time entrenching the fundamental principle of the right to life, thus balancing two theoretically opposing concepts: the authority of the State and the right to life.

year: 2013

title: Development of microsatellite markers for Antarctic Bryum Hedw. species

authors: Harfoot, Rhodri T.

abstract: The objective of this thesis was to isolate microsatellite markers using the Glenn (2001) method from the species Bryum argenteum so as to be able to study these markers in Antarctic populations of Bryum species. Microsatellite regions have been found to be highly polymorphic and neutral markers, and usually genus specific, thus making them ideal for population genetic studies. The populations to be studied in the future have a large distribution over the Southern Victoria Land area, ranging from the Dry Valleys to Granite Harbour and Ross Island. 
Mosses are the most abundant and widespread of the vascular plant groups within continental Antarctica. They inhabit locations that are some of the more extreme on earth and experience periods of desiccation and darkness that can last as long as four months. For these reasons the establishment of mosses in Antarctica is a subject that has attracted great debate. One hypothesis suggests that mosses first became established when the ice retreated from the land approximately 17000 years ago, at the end of the last glacial maximum. The alternative hypothesis is that mosses survived as relictual populations over this period and have recently increased their habitat range. The study of microsatellite length polymorphism in populations will allow these hypotheses to be tested. 
The genus Bryum Hedw. (Bryaceae) is a highly polymorphic, cosmopolitan genus that is abundant in Antarctica over a wide range of locations. It is found from the Sub-Antarctic zone (Sub-Antarctic islands) to the continental zone (Continental Antarctica and Southern and Eastern Antarctic Peninsula. Thus covering a wide range of habitats from warm and wet (e.g. the Sub-Antarctic islands) to cold and very dry (e.g. the McMurdo Dry Valleys). 
To study the population genetics of Antarctic Bryum species, development of microsatellite markers was necessary as it has been found that with less specific methods such as RAPD-PCR, the DNA used for the analyses had been contaminated by co-extracted DNA from fungi living on the mosses, thus confounding the results obtained. Microsatellites, once developed, are genus or family specific, thus there is little risk of amplifying a contaminant when using microsatellite markers. Abstract 
This project failed to isolate any microsatellite markers from Bryum argenteum, due to experimental difficulties that occurred at three major stages; ligation, transformation and hybridisation screening of the genomic library. Future research should be focussed on completion of microsatellite isolation for this genus and on evaluation of the population relationships among Antarctic localities.

text: Development of microsatellite markers for Antarctic Bryum Hedw. species The objective of this thesis was to isolate microsatellite markers using the Glenn (2001) method from the species Bryum argenteum so as to be able to study these markers in Antarctic populations of Bryum species. Microsatellite regions have been found to be highly polymorphic and neutral markers, and usually genus specific, thus making them ideal for population genetic studies. The populations to be studied in the future have a large distribution over the Southern Victoria Land area, ranging from the Dry Valleys to Granite Harbour and Ross Island. 
Mosses are the most abundant and widespread of the vascular plant groups within continental Antarctica. They inhabit locations that are some of the more extreme on earth and experience periods of desiccation and darkness that can last as long as four months. For these reasons the establishment of mosses in Antarctica is a subject that has attracted great debate. One hypothesis suggests that mosses first became established when the ice retreated from the land approximately 17000 years ago, at the end of the last glacial maximum. The alternative hypothesis is that mosses survived as relictual populations over this period and have recently increased their habitat range. The study of microsatellite length polymorphism in populations will allow these hypotheses to be tested. 
The genus Bryum Hedw. (Bryaceae) is a highly polymorphic, cosmopolitan genus that is abundant in Antarctica over a wide range of locations. It is found from the Sub-Antarctic zone (Sub-Antarctic islands) to the continental zone (Continental Antarctica and Southern and Eastern Antarctic Peninsula. Thus covering a wide range of habitats from warm and wet (e.g. the Sub-Antarctic islands) to cold and very dry (e.g. the McMurdo Dry Valleys). 
To study the population genetics of Antarctic Bryum species, development of microsatellite markers was necessary as it has been found that with less specific methods such as RAPD-PCR, the DNA used for the analyses had been contaminated by co-extracted DNA from fungi living on the mosses, thus confounding the results obtained. Microsatellites, once developed, are genus or family specific, thus there is little risk of amplifying a contaminant when using microsatellite markers. Abstract 
This project failed to isolate any microsatellite markers from Bryum argenteum, due to experimental difficulties that occurred at three major stages; ligation, transformation and hybridisation screening of the genomic library. Future research should be focussed on completion of microsatellite isolation for this genus and on evaluation of the population relationships among Antarctic localities.

year: 2002

title: Health reform and the impact on Mäori 1983-1997

authors: Ferguson, Lisa Arleen.

abstract: This study investigates the New Zealand health sector reforms from 1983 to 1997and examines whether the reform process has been consistent with the principles of the Treaty of Waitangi. It evaluates the impact of the reforms on Mäori from that perspective. 

The study introduces the health sector reforms generally and then their specific effects on Mäori. It draws on two research exercises undertaken by the author, being research for the Wai 692 Napier Hospital and Health Services claim to the Waitangi Tribunal and on improving Mäori Health outcomes for the National Health Committee. The methodologies used are those from the discipline of history.

The study outlines the argument for Crown responsibilities under the Treaty and draws out the distinctions between Article 2 and Article 3 of the Treaty. It provides a historical background to the place of the Treaty in the health sector, and forms the basis for a Treaty based analysis of the health reforms and their impact. 

The New Zealand health sector has undergone massive government initiated structural change throughout the period under study. During this time the neo-liberal reforms have had a key role in reshaping health service structures. The process of change, the international influences on the changes, and the resulting entities are described. An example from Tainui Iwi of the effect of structural health reform illustrates the changes in Mäori health service provision by Mäori.
Since 1983 successive governments have produced copious Mäori health policy. The key policy documents, and their recommendations, are identified, as is the degree to which they were implemented. The cyclical nature of such policy making suggests that it is not always followed by policy implementation. While Mäori are identified as a health gain priority, the evidence reviewed shows that the responsibility to implement and monitor the policy is diffuse and ineffective.

The Wai 692 claim provides a detailed look at the impact of the 1990s health reform for Mäori. The claim was precipitated by the threatened closure of Napier Hospital, but was broadened to include a wide-ranging look at the impact of health reform on Mäori. As a case study it provides a specific example of one Iwi’s experience of the reality of policy implementation at that time versus policy making.

Crown evaluation of the effectiveness of its own policies, and the extent to which its own agencies breach those policies is explored. The lack of control and accountability measures, plus the inability of the Crown to monitor (let alone sanction) success or failure, is highlighted. A contrast is drawn between the health and local government sectors, using the operation of the Resource Management Act (1991). 

The latest health sector reforms consequent on the 1999 Labour/Alliance coalition government are briefly considered, together with an overview of the Crown’s effectiveness in delivering improved Mäori health outcomes. The study suggests that the use of the Treaty as a cornerstone for Maori health policy formation and delivery may lead to more effective engagement between the Crown and Mäori in addressing Mäori health issues. The study concludes by asking the question, has the health sector reform process of the 1980s and 1990s itself been a Treaty breach?

A brief postscript considers the further reform of the health sector beyond the period of study.

text: Health reform and the impact on Mäori 1983-1997 This study investigates the New Zealand health sector reforms from 1983 to 1997and examines whether the reform process has been consistent with the principles of the Treaty of Waitangi. It evaluates the impact of the reforms on Mäori from that perspective. 

The study introduces the health sector reforms generally and then their specific effects on Mäori. It draws on two research exercises undertaken by the author, being research for the Wai 692 Napier Hospital and Health Services claim to the Waitangi Tribunal and on improving Mäori Health outcomes for the National Health Committee. The methodologies used are those from the discipline of history.

The study outlines the argument for Crown responsibilities under the Treaty and draws out the distinctions between Article 2 and Article 3 of the Treaty. It provides a historical background to the place of the Treaty in the health sector, and forms the basis for a Treaty based analysis of the health reforms and their impact. 

The New Zealand health sector has undergone massive government initiated structural change throughout the period under study. During this time the neo-liberal reforms have had a key role in reshaping health service structures. The process of change, the international influences on the changes, and the resulting entities are described. An example from Tainui Iwi of the effect of structural health reform illustrates the changes in Mäori health service provision by Mäori.
Since 1983 successive governments have produced copious Mäori health policy. The key policy documents, and their recommendations, are identified, as is the degree to which they were implemented. The cyclical nature of such policy making suggests that it is not always followed by policy implementation. While Mäori are identified as a health gain priority, the evidence reviewed shows that the responsibility to implement and monitor the policy is diffuse and ineffective.

The Wai 692 claim provides a detailed look at the impact of the 1990s health reform for Mäori. The claim was precipitated by the threatened closure of Napier Hospital, but was broadened to include a wide-ranging look at the impact of health reform on Mäori. As a case study it provides a specific example of one Iwi’s experience of the reality of policy implementation at that time versus policy making.

Crown evaluation of the effectiveness of its own policies, and the extent to which its own agencies breach those policies is explored. The lack of control and accountability measures, plus the inability of the Crown to monitor (let alone sanction) success or failure, is highlighted. A contrast is drawn between the health and local government sectors, using the operation of the Resource Management Act (1991). 

The latest health sector reforms consequent on the 1999 Labour/Alliance coalition government are briefly considered, together with an overview of the Crown’s effectiveness in delivering improved Mäori health outcomes. The study suggests that the use of the Treaty as a cornerstone for Maori health policy formation and delivery may lead to more effective engagement between the Crown and Mäori in addressing Mäori health issues. The study concludes by asking the question, has the health sector reform process of the 1980s and 1990s itself been a Treaty breach?

A brief postscript considers the further reform of the health sector beyond the period of study.

year: 2002