The Appellate Body Approach to the Applicability of Article XX GATT In the Light of China - Raw Materials: A Missed Opportunity?

This article attempts to analyse and investigate the implications of the approach to the applicability of Article XX GATT adopted in the recent China – Raw Materials. Using the decision on the non-availability of Article XX defences for violations of China’s WTO-plus commitments on export duties as a backdrop, it scrutinizes the more general, ‘systemic’ approach to the applicability of Article XX exceptions developed by theWTO dispute settlement bodies, and sheds light on the implications of such approach with respect to the relationship between GATT 1994 andWTO obligations arising from different instruments of theWTOAgreement, such as new members’ accession protocols. It also suggests that an exception to this general approach could be envisaged when the fundamental environmental goals protected under Article XX b) and g) are at stake.

Diversity versus disparity and the role of ecological opportunity in a continental bird radiation

Aim The Neotropical parrots (Arini) are an unusually diverse group which colonized South America in the Oligocene. The newly invaded Neotropics may have functioned as an underused adaptive zone and provided novel ecological opportunities that facilitated diversification. Alternatively, diversification may have been driven by ecological changes caused by Andean uplift and/or climate change from the Miocene onwards. Our aim was to find out whether Arini diversified in a classical adaptive radiation after their colonization of South America, or whether their diversification occurred later and was influenced by more recent environmental change. Location Neotropics. Methods We generated a time-calibrated phylogeny of more than 80% of all Arini species in order to analyse lineage diversification. This chronogram was also used as the basis for the reconstruction of morphological evolution within Arini using a multivariate ratio analysis of three size measurements. Results We found a concentration of size evolution and partitioning of size niches in the early history of Arini consistent with the process of adaptive radia- tion, but there were no signs of an early burst of speciation or a decrease in speci- ation rates through time. Although we detected no overall temporal shifts in diversification rates, we discovered two young, unexpectedly species-rich clades. Main conclusions Arini show signs of an early adaptive radiation, but we found no evidence of the slowdown in speciation rate generally considered a feature of island or lake radiations. Historical processes and environmental change from the Miocene onwards may have kept diversification rates roughly constant ever since the colonization of the Neotropics. Thus, Arini may not yet have reached equilibrium diversity. The lack of diversity-dependent speciation might be a general feature of adaptive radiations on a continental scale, and diversification processes on continents might therefore not be as ecologically limited as in isolated lakes or on oceanic islands.

Hybrid bodies in cyborg sports? The case of Oscar Pistorius

The capabilities of postmodern biotechnology inevitably lead to questioning if it is morally acceptable to use all possibilities offered by technology. In sport, this very complex issue is dealt with by drawing clear boundaries between naturalness and artificiality. Currently, new biotechnology is constantly being produced and with this, boundaries between naturalness and artificiality, between normal and abnormal, human and hybrid are constantly shifting . “Human enhancement” is a fascinating prism that reflects contemporary questions of participation, justice, equality and the autonomy of the subject in all social fields. The area of elite sports is particularly affected by “human enhancement”, according to the principle of exceeding what has come before, of aiming higher, faster and further. This paper analyses the postulated “naturalness” in the regulative and normalising function in the area of elite sports, in connection with Foucault’s theory of governmentality. The example of the South African sprinter Oscar Pistorius appears to be particularly suited to illustrate current definition difficulties in the area of disabled and non-disabled people in differentiated competitive sports. His is a vivid example of a multifaceted body-sociological analysis of current sport culture and the construction of reality or naturalness in the framework of the discourse of drafting and negotiating the accreditation for sprint competitions of non-disabled athletes, most recently in the London Olympics 2012. Using the case study of Oscar Pistorius, the negotiating processes in relation to the argumentation logic, dynamics and resistance in shifting distinctions are presented in detail using the fundamental documents of the IOC, IPC, CAS and IAAF. Represented through the inclusion and exclusion processes are hierarchies of the body that are (re)consolidated and transformed. The central question emerges as to how the worth of equal opportunity and fairness in regard to “naturalness” can be reconsolidated or transformed.

Gender-Fair Language in Organizations: Attracting Potential Leaders and Promoting the Organizational Image of Gender Equality

In many languages, masculine generics are the traditional way of referring to women and men. However, gender-fair forms (e.g., feminine-masculine word pairs) can enhance gender equality: for instance, they counteract male biases in mental associations (Stahlberg et al., 2007) and evoke more neutral perceptions of gender-stereotypical professions (Merkel et al., 2013). Compared to masculine forms, use of gender-fair language in advertisements for leadership positions also helps to achieve gender equality in hiring decisions (e.g., use of German Geschäftsführerin/Geschäftsführer 'CEO fem/masc' instead of Geschäftsführer 'CEO masc', cf. Horvath & Sczesny, 2012). The present research investigates how potential applicants react to the use of gender-fair vs. masculine forms in German job ads for leadership positions (Study 1) and how the respective organization is perceived in response to these forms (Study 2). In Study 1, 251 participants showed higher intentions to apply for a leadership position when it was advertised with a feminine-masculine word pair instead of a masculine form; this was mediated by job appeal and organizational attraction. In Study 2, 154 participants perceived the organization as more discriminatory when masculine forms were used. This was mediated by the organizational image of gender equality. Thus, gender-fair language affects the social perception of a job and the respective organization and can impact social behavior in an organizational context.

Promoting gender equality in responses to climate change: The case of Kenya

The paper discusses how Kenyan policies and organisations address gender equality in climate change-related responses. The political support for gender issues is reflected in presidential directives on various actions for achieving gender equality such as the establishment of gender desk officers and ensuring 30 per cent female representation in government. Despite the well-advanced gender mainstreaming policy in Kenya, few policies focus on climate change and even fewer on its inter-linkages with gender. At the field level, encrusted traditions, inadequately trained staff, limited financial resources, and limited awareness of the inter-linkages between gender and climate change remain major challenges to promoting gender equality in the work of government organisations. The paper thus proposes measures for addressing these challenges and strengthening gender equality in responses to climate change.

Natural Resources in 2025 - Implications for Development : Opportunity of a trunaround: An expert reassessment

In recent years developing countries have faced highly dynamic changes affecting their natural resource base and their potential for development. Taking into account these changes in the development context, InfoResources initiated a critical reassessment of the results of InfoResources Trends 2005 and again invited experts from around the world to assess trends that least developed countries are likely to be facing by 2025. The unanimous signal conveyed by the international experts for this assessment is alarming: The degradation of natural resources is progressing. By 2025 it will reach a point where livelihoods in least developing countries will be significantly threatened and an increasing number of agro-ecosystems will lose their capacity to deliver important services. Expected positive social trends will not suffice as leverage to reverse the degradation of natural resources and thus alleviate poverty and hunger. However, the present reassessment clearly reveals that a change in thinking and a shift in paradigms have begun to take place. However, a turnaround can only succeed if the emerging awareness of the need to reorient policy-making and the economy is followed by concrete action. It will be crucial that policies and institutions regain regulating power over greedy economic forces. This reassessment does not claim to be comprehensive. However, the present publication, which synthesises the experts’ inputs, aims at providing food for thought and initiating discussions.

Equal Partners in Dialogue? Participation Equality in a Transnational Deliberative Poll (Europolis)

By gathering a representative sample of citizens from all 27 EU Member States, the deliberative poll Europolis created the opportunity for the inclusion of a wide variety of European voices. Taking up claims of difference democrats who argue that informal hurdles to participation can endure even after individuals gain formal access to the floor, this article argues for an extended approach to evaluate equality in deliberative minipublics. Specifically, it assesses whether participants contributed in roughly equal measures to the discussion and whether their discussion partners considered their contributions on equal merits. In doing so, the article adds to the small but growing literature on deliberation that expresses reservations about taking the willingness to engage with others' claims for granted. In order to account for the intrinsically relational aspect of interpersonal communication, measures of social network analysis are introduced as possible tools to evaluate participation equality in deliberative encounters.