Decoupling EU farm support: Does the new single payment scheme fit within the green box?

Recent reform of the EU’s Common Agricultural Policy (CAP) has led to a further decoupling of farm support. The EU believes that the new Single Payment Scheme, which replaces the former system of area and headage payments to farmers, tied to production, will qualify for green-box status in the WTO. We examine this contention, particularly in light of the recent WTO panel report on upland cotton.

Model for calculating the sustainable building index (SBI) in the kingdom of Bahrain

We have developed a model that allows players in the building and construction sector and the energy policy makers on energy strategies to be able to perceive the interest of investors in the kingdom of Bahrain in conducting Building Integrated Photovoltaic (BIPV) or Building integrated wind turbines (BIWT) projects, i.e. a partial sustainable or green buildings. The model allows the calculation of the Sustainable building index (SBI), which ranges from 0.1 (lowest) to 1.0 (highest); the higher figure the more chance for launching BIPV or BIWT. This model was tested in Bahrain and the calculated SBI was found 0.47. This means that an extensive effort must be made through policies on renewable energy, renewable energy education, and incentives to BIPV and BIWT projects, environmental awareness and promotion to clean and sustainable energy for building and construction projects. Our model can be used internationally to create a "Global SBI" database. The Sustainable building and construction initiative (SBCI), United Nation, can take the task for establishing such task using this model.

A sensor based intelligent building assessment model

While building provides shelter for human being, the previous models for assessing the intelligence of a building seldom consider the responses of occupants. In addition, the assessment is usually conducted by an authority organization on a yearly basis, thus can seldom provide timely assistance for facility manager to improve his daily facility maintenance performance. By the extending the law of entropy into the area of intelligent building, this paper demonstrate that both energy consumption and the response of occupants are important when partially assessing the intelligence of a building. This study then develops a sensor based real time building intelligence (BI) assessment model. An experimental case study demonstrates how the model can be implemented. The developed model can address the two demerits of the previous BI assessment model.

Ownership rights in performance-based contracting: A case study of English law

Clients and contractors need to be aware of the project’s legal environment because the viability of a procurement strategy can be vitiated by legal rules. This is particularly true regarding Performance-Based Contracting (PBC) whose viability may be threatened by rules of property law: while the PBC concept does not require that the contractor transfers the ownership in the building materials used to the client, the rules of property law often lead to an automatic transfer of ownership. But does the legal environment really render PBC unfeasible? In particular, is PBC unfeasible because contractors lose their materials as assets? These questions need to be answered with respect to the applicable property law. As a case study, English property law has been chosen. Under English law, the rule which governs the automatic transfer of ownership is called quicquid plantatur solo, solo credit (whatever is fixed to the soil belongs to the soil). An analysis of this rule reveals that not all materials which are affixed to land become part of the land. This fate only occurs in relation to materials which have been affixed with the intention of permanently improving the land. Five fictitious PBC cases have been considered in terms of the legal status of the materials involved, and several subsequent legal questions have been addressed. The results suggest that English law does actually threaten the feasibility of PBC in some cases. However, it is also shown that the law provides means to circumvent the unwanted results which flow from the rules of property law. In particular, contractors who are interested in keeping their materials as assets can insist on agreeing a property right in the client’s land, i.e. a contractor’s lien. Therefore, the outcome is that English property law does not render the implementation of the PBC concept unfeasible. At a broader level, the results contribute to the theoretical framework of PBC as an increasingly used procurement strategy.

The competitive dialogue procedure: Advantages, disadvantages, and its implementation into English and Dutch law

Competitive Dialogue (CD) is a new contract award procedure of the European Community (EC). It is set out in Article 29 of the 'Public Sector Directive' 2004/18/EC. Over the last decades, projects were becoming more and more complex, and the existing EC procedures were no longer suitable to procure those projects. The call for a new procedure resulted in CD. This paper describes how the Directive has been implemented into the laws of two member states: the UK and the Netherlands. In order to implement the Directive, both lawmakers have set up a new and distinct piece of legislation. In each case, large parts of the Directive’s content have been repeated ‘word for word’; only minor parts have been reworded and/or restructured. In the next part of the paper, the CD procedure is examined in different respects. First, an overview is given on the different EC contract award procedures (open, restricted, negotiated, CD) and awarding methods (lowest price and Most Economically Advantageous Tender, MEAT). Second, the applicability of CD is described: Among other limitations, CD can only be applied to public contracts for works, supplies, and services, and this scope of application is further restricted by the exclusion of certain contract types. One such exclusion concerns services concessions. This means that PPP contracts which are set up as services concessions cannot be awarded by CD. The last two parts of the paper pertain to the main features of the CD procedure – from ‘contract notice’ to ‘contract award’ – and the advantages and disadvantages of the procedure. One advantage is that the dialogue allows the complexity of the project to be disentangled and clarified. Other advantages are the stimulation of innovation and creativity. These advantages are set against the procedure’s disadvantages, which include high transaction costs and a perceived hindrance of innovation (due to an ambiguity between transparency and fair competition). It is concluded that all advantages and disadvantages are related to one of three elements: communication, competition, and/or structure of the procedure. Further research is needed to find out how these elements are related.

Alternatives to Sedum on green roofs: Can broad leaf perennial plants offer better ‘cooling service’?

Green roof plants alter the microclimate of building roofs and may improve roof insulation. They act by providing cooling by shading, but also through transpiration of water through their stomata. However, leaf surfaces can become warmer when plants close the stomata and decrease water loss in response to drying substrate (typically associated with green roofs during summers), also reducing transpirational cooling. By using a range of contrasting plant types (Sedum mix – an industry green roof ‘standard’, Stachys byzantina, Bergenia cordifolia and Hedera hibernica) we tested the hypothesis that plants differ in their ‘cooling potential’. We firstly examined how leaf morphology influenced leaf temperature and how drying substrate altered that response. Secondly, we investigated the relationship between leaf surface temperatures and the air temperatures immediately above the canopies (i.e. potential to provide aerial cooling). Finally we measured how the plant type influenced the substrate temperature below the canopy (i.e. potential for building cooling). In our experiments Stachys outperformed the other species in terms of leaf surface cooling (even in drying substrate, e.g. 5 oC cooler compared with Sedum), substrate cooling beneath its canopy (up to 12 oC) and even - during short intervals over hottest still periods - the air above the canopy (up to 1 oC, when soil moisture was not limited). We suggest that the choice of plant species on green roofs should not be entirely dictated by what survives on the shallow substrates of extensive systems, but consideration should be given to supporting those species providing the greatest eco-system service potential.