Non-Refoulement between 'Common Article 1' and 'Common Article 3'

This article considers whether, in the context of armed conflicts, certain non-refoulement obligations of non-belligerent States can be derived from the 1949 Geneva Conventions. According to Common Article 1 (CA1) thereof, all High Contracting Parties (HCPs) undertake to ‘respect and to ensure respect’ for the four conventions ‘in all circumstances’. It is contended that CA1 applies both in international armed conflicts (IACs) and in non-international armed conflicts (NIACs). In turn, it is suggested that Common Article 3 (CA3) which regulates conduct in NIACs serves as a ‘minimum yardstick’ also applicable in IACs. It is widely (though not uniformly) acknowledged that the undertaking to ‘ensure respect’ in a given armed conflict extends to HCPs that are not parties to it; nevertheless, the precise scope of this undertaking is subject to scholarly debate. This article concerns situations where, in the course of an (international or non-international) armed conflict, persons ’taking no active part in hostilities’ flee from States where violations of CA3 are (likely to be) occurring to a non-belligerent State. Based on the undertaking in CA1, the central claim of this article is that, as long as risk of exposure to these violations persists, persons should not be refouled notwithstanding possible assessment of whether they qualify as refugees based on the 1951 Refugee Convention definition, or could be eligible for complementary or subsidiary forms of protection that are regulated in regional arrangements. The analysis does not affect the explicit protection from refoulement that the Fourth Geneva Convention accords to ‘protected persons’ (as defined in Article 4 thereof). It is submitted that CA1 should be read in tandem with other obligations of non-belligerent States under the 1949 Geneva Conventions. Most pertinently, all HCPs are required to take specific measures to repress ‘grave breaches’ and to take measures necessary for the suppression of all acts contrary to the 1949 Geneva Conventions other than the grave breaches. A HCP that is capable of protecting displaced persons from exposure to risks of violations of CA3 and nonetheless refoules them to face such risks is arguably failing to take lawful measures at its disposal in order to suppress acts contrary to the conventions and, consequently, fails to ‘ensure respect’ for the conventions. KEYWORDS Non-refoulement; International Armed Conflict; Non-International Armed Conflict; Common Article 1; Common Article 3

A score test for binary data with patient non-compliance

A score test is developed for binary clinical trial data, which incorporates patient non-compliance while respecting randomization. It is assumed in this paper that compliance is all-or-nothing, in the sense that a patient either accepts all of the treatment assigned as specified in the protocol, or none of it. Direct analytic comparisons of the adjusted test statistic for both the score test and the likelihood ratio test are made with the corresponding test statistics that adhere to the intention-to-treat principle. It is shown that no gain in power is possible over the intention-to-treat analysis, by adjusting for patient non-compliance. Sample size formulae are derived and simulation studies are used to demonstrate that the sample size approximation holds. Copyright © 2003 John Wiley & Sons, Ltd.

Model selection approaches for non-linear system identification: a review

The identification of non-linear systems using only observed finite datasets has become a mature research area over the last two decades. A class of linear-in-the-parameter models with universal approximation capabilities have been intensively studied and widely used due to the availability of many linear-learning algorithms and their inherent convergence conditions. This article presents a systematic overview of basic research on model selection approaches for linear-in-the-parameter models. One of the fundamental problems in non-linear system identification is to find the minimal model with the best model generalisation performance from observational data only. The important concepts in achieving good model generalisation used in various non-linear system-identification algorithms are first reviewed, including Bayesian parameter regularisation and models selective criteria based on the cross validation and experimental design. A significant advance in machine learning has been the development of the support vector machine as a means for identifying kernel models based on the structural risk minimisation principle. The developments on the convex optimisation-based model construction algorithms including the support vector regression algorithms are outlined. Input selection algorithms and on-line system identification algorithms are also included in this review. Finally, some industrial applications of non-linear models are discussed.

On the regulation of spatial externalities: coexistence between GM and conventional crops in the EU and the 'newcomer principle'

Pollen-mediated gene flow is one of the main concerns associated with the introduction of genetically modified (GM) crops. Should a premium for non-GM varieties emerge on the market, ‘contamination’ by GM pollen would generate a revenue loss for growers of non-GM varieties. This paper analyses the problem of pollen-mediated gene flow as a particular type of production externality. The model, although simple, provides useful insights into coexistence policies. Following on from this and taking GM herbicide-tolerant oilseed rape (Brassica napus) as a model crop, a Monte Carlo simulation is used to generate data and then estimate the effect of several important policy variables (including width of buffer zones and spatial aggregation) on the magnitude of the externality associated with pollen-mediated gene flow.

Response theory for equilibrium and non-equilibrium statistical mechanics: causality and generalized Kramers-Kronig relations

We consider the general response theory recently proposed by Ruelle for describing the impact of small perturbations to the non-equilibrium steady states resulting from Axiom A dynamical systems. We show that the causality of the response functions entails the possibility of writing a set of Kramers-Kronig (K-K) relations for the corresponding susceptibilities at all orders of nonlinearity. Nonetheless, only a special class of directly observable susceptibilities obey K-K relations. Specific results are provided for the case of arbitrary order harmonic response, which allows for a very comprehensive K-K analysis and the establishment of sum rules connecting the asymptotic behavior of the harmonic generation susceptibility to the short-time response of the perturbed system. These results set in a more general theoretical framework previous findings obtained for optical systems and simple mechanical models, and shed light on the very general impact of considering the principle of causality for testing self-consistency: the described dispersion relations constitute unavoidable benchmarks that any experimental and model generated dataset must obey. The theory exposed in the present paper is dual to the time-dependent theory of perturbations to equilibrium states and to non-equilibrium steady states, and has in principle similar range of applicability and limitations. In order to connect the equilibrium and the non equilibrium steady state case, we show how to rewrite the classical response theory by Kubo so that response functions formally identical to those proposed by Ruelle, apart from the measure involved in the phase space integration, are obtained. These results, taking into account the chaotic hypothesis by Gallavotti and Cohen, might be relevant in several fields, including climate research. In particular, whereas the fluctuation-dissipation theorem does not work for non-equilibrium systems, because of the non-equivalence between internal and external fluctuations, K-K relations might be robust tools for the definition of a self-consistent theory of climate change.

Scattering by rough surfaces: the Dirichlet problem for the Helmholtz equation in a non-locally perturbed half-plane

We consider the Dirichlet boundary value problem for the Helmholtz equation in a non-locally perturbed half-plane, this problem arising in electromagnetic scattering by one-dimensional rough, perfectly conducting surfaces. We propose a new boundary integral equation formulation for this problem, utilizing the Green's function for an impedance half-plane in place of the standard fundamental solution. We show, at least for surfaces not differing too much from the flat boundary, that the integral equation is uniquely solvable in the space of bounded and continuous functions, and hence that, for a variety of incident fields including an incident plane wave, the boundary value problem for the scattered field has a unique solution satisfying the limiting absorption principle. Finally, a result of continuous dependence of the solution on the boundary shape is obtained.

On wave action and phase in the non-canonical Hamiltonian formulation

The long time–evolution of disturbances to slowly–varying solutions of partial differential equations is subject to the adiabatic invariance of the wave action. Generally, this approximate conservation law is obtained under the assumption that the partial differential equations are derived from a variational principle or have a canonical Hamiltonian structure. Here, the wave action conservation is examined for equations that possess a non–canonical (Poisson) Hamiltonian structure. The linear evolution of disturbances in the form of slowly varying wavetrains is studied using a WKB expansion. The properties of the original Hamiltonian system strongly constrain the linear equations that are derived, and this is shown to lead to the adiabatic invariance of a wave action. The connection between this (approximate) invariance and the (exact) conservation laws of pseudo–energy and pseudomomentum that exist when the basic solution is exactly time and space independent is discussed. An evolution equation for the slowly varying phase of the wavetrain is also derived and related to Berry's phase.

Observational and energetics constraints on the non-conservation of potential/Conservative Temperature and implications for ocean modelling

This paper seeks to elucidate the fundamental differences between the nonconservation of potential temperature and that of Conservative Temperature, in order to better understand the relative merits of each quantity for use as the heat variable in numerical ocean models. The main result is that potential temperature is found to behave similarly to entropy, in the sense that its nonconservation primarily reflects production/destruction by surface heat and freshwater fluxes; in contrast, the nonconservation of Conservative Temperature is found to reflect primarily the overall compressible work of expansion/contraction. This paper then shows how this can be exploited to constrain the nonconservation of potential temperature and entropy from observed surface heat fluxes, and the nonconservation of Conservative Temperature from published estimates of the mechanical energy budgets of ocean numerical models. Finally, the paper shows how to modify the evolution equation for potential temperature so that it is exactly equivalent to using an exactly conservative evolution equation for Conservative Temperature, as was recently recommended by IOC et al. (2010). This result should in principle allow ocean modellers to test the equivalence between the two formulations, and to indirectly investigate to what extent the budget of derived nonconservative quantities such as buoyancy and entropy can be expected to be accurately represented in ocean models.