Carbon-related Border Adjustment and WTO Law

By expounding the legal foundations of border tax adjustments in international trade regulation, this book lays out the scope and limitations within which border carbon adjustments need to operate. The author examines the extent to which countries can lawfully impose border adjustment measures in relation to the carbon footprint of products on importation and exportation. In doing so, she provides a thorough analysis of the provisions of the WTO Agreement applicable to border carbon adjustments, offers a comprehensive review of relevant case law and engages with the extensive literature on the subject. Given the probability of conflict with non-discrimination rules of the GATT and uncertainty over justification of different designs of carbon-related border adjustment schemes under the exceptions of GATT Article XX, the book argues for a negotiated solution and discusses the possibility of the use of border carbon adjustments under preferential trade agreements.

Cultural Diversity as a Concept of Global Law : Origins, Evolution and Prospects

“Cultural diversity” has become one of the latest buzzwords on the international policymaking scene. It is employed in various contexts – sometimes as a term close to “biological diversity”, at other times as correlated to the “exception culturelle” and most often, as a generic concept that is mobilised to counter the perceived negative effects of economic globalisation. While no one has yet provided a precise definition of what cultural diversity is, what we can observe is the emergence of the notion of cultural diversity as incorporating a distinct set of policy objectives and choices at the global level. These decisions are not confined, as one might have expected, to cultural policymaking, but rather spill over to multiple governance domains because of the complex linkages inherent to the simultaneous pursuit of economic and other societal goals that cultural diversity encompasses and has effects on. Accounting for these intricate interdependencies, the present article clarifies the origins of the concept of cultural diversity as understood in global law and traces its evolution over time. Observing the dynamics of the concept and the surrounding political and legal developments, the article explores its justification and overall impact on the global legal regime, as well as its discrete effects on different domains of policymaking, such as media, intellectual property and culture. While the analysis is legal in essence, the article is meant to speak also to a broader transdisciplinary public. The article is part of the speacial issue on ethnic diversity and cultural pluralism, which is available under the creative commons licence: http://www.mdpi.com/journal/diversity/special_issues/ethnic-diversity/.

Transformative deliberative moments among ex-combattants in Colombia

This dissertation presents the concept of Deliberative Transformative Moment and the instrument to identify it, in a further attempt to bridge the gap between deliberation theory and practice. A transformative moment in the deliberative process occurs when the level of deliberation is either lifted from low to high or drops from high to low. In order to identify such a moment, one has to look at the context and dynamics of the group discussion. This broadening of the unit of analysis is a big difference from other existing instruments to measure the level of deliberation, such as the Deliberative Quality Index –DQI, which focuses primarily on the individual speech acts. Consistent with the theoretical framework of consociational and deliberation approaches, the observed discussions took place among two deeply divided groups, Colombian ex-combatants from both the extreme left and the extreme right. Moving beyond a pure Habermasian perspective, this study finds that besides pure rational arguments, there are some contexts in which personal stories, jokes and self-interests, acting as justification of arguments, have either a positive or a negative impact on deliberative transformative moments. Although this research has a strongly qualitative orientation, reliability tests scored high, giving it strength as a reliable and valid research method that shedding some light on the sort of speech acts that enhance deliberation and those that detract from it.

Germanic Mythology in Music: Cultural Memory and Conflict within the Framework of Modern Globalization

The multi-layered enactment of a national past in music has been strongly intertwined with the usage of mythological elements. Having often been compiled as a coherent narrative during the emergence of the European nation-states (like the Finnish Kalevala), the mythological material has often been perceived as a form of historical truth and national justification. This focal role is also apparent in various music genres ranging from folk revival to metal in post-1989 Europe. Within the globalized context, however, local-national interpretations can collide with earlier nationalist appropriations. This complex and sometimes politically conflicting situation becomes particularly evident with groups falling back on symbols and narrations that had previously been employed by Nazi-Germany. While Nazi-Germany had, among others, tried replace the Christmas tradition with elements and songs from Germanic (and other) mythological sources, modern Neo-Nazi music groups often employ central mythological names (like Odin or Tyr) and iconic elements (like Vikings and warriors) in song lyrics and CD cover designs. However, while many covers and lyrics are legally forbidden in Germany, Scandinavian and Baltic groups (like the Faroese Viking metal group Tyr and the Latvian pagan metal band Skyforger) employ similar elements of Norse mythology, which are often combined with traditional material. Discussing selected case studies, this paper highlights central discursive points of colliding historical-national associations and individual interpretations of the mythological elements in musical contexts. How far can the material be disassociated from the earlier historical political usage and instrumentalization? Is this necessary ? And how can the specific global-local conflict points be approached by a theoretical framework ?

Realizing public announcements by justifications

Modal public announcement logics study how beliefs change after public announcements. However, these logics cannot express the reason for a new belief. Justification logics fill this gap since they can formally represent evidence and justifications for an agent's belief. We present OPAL(K) and JPAL(K) , two alternative justification counterparts of Gerbrandy–Groeneveld's public announcement logic PAL(K) . We show that PAL(K) is the forgetful projection of both OPAL(K) and JPAL(K) . We also establish that JPAL(K) partially realizes PAL(K) . The question whether a similar result holds for OPAL(K) is still open.

Logical omniscience as infeasibility

Logical theories for representing knowledge are often plagued by the so-called Logical Omniscience Problem. The problem stems from the clash between the desire to model rational agents, which should be capable of simple logical inferences, and the fact that any logical inference, however complex, almost inevitably consists of inference steps that are simple enough. This contradiction points to the fruitlessness of trying to solve the Logical Omniscience Problem qualitatively if the rationality of agents is to be maintained. We provide a quantitative solution to the problem compatible with the two important facets of the reasoning agent: rationality and resource boundedness. More precisely, we provide a test for the logical omniscience problem in a given formal theory of knowledge. The quantitative measures we use are inspired by the complexity theory. We illustrate our framework with a number of examples ranging from the traditional implicit representation of knowledge in modal logic to the language of justification logic, which is capable of spelling out the internal inference process. We use these examples to divide representations of knowledge into logically omniscient and not logically omniscient, thus trying to determine how much information about the reasoning process needs to be present in a theory to avoid logical omniscience.

An arranged marriage for precision medicine: hypoxia and genomic assays in localized prostate cancer radiotherapy

Prostate cancer (CaP) is the most commonly diagnosed malignancy in males in the Western world with one in six males diagnosed in their lifetime. Current clinical prognostication groupings use pathologic Gleason score, pre-treatment prostatic-specific antigen and Union for International Cancer Control-TNM staging to place patients with localized CaP into low-, intermediate- and high-risk categories. These categories represent an increasing risk of biochemical failure and CaP-specific mortality rates, they also reflect the need for increasing treatment intensity and justification for increased side effects. In this article, we point out that 30-50% of patients will still fail image-guided radiotherapy or surgery despite the judicious use of clinical risk categories owing to interpatient heterogeneity in treatment response. To improve treatment individualization, better predictors of prognosis and radiotherapy treatment response are needed to triage patients to bespoke and intensified CaP treatment protocols. These should include the use of pre-treatment genomic tests based on DNA or RNA indices and/or assays that reflect cancer metabolism, such as hypoxia assays, to define patient-specific CaP progression and aggression. More importantly, it is argued that these novel prognostic assays could be even more useful if combined together to drive forward precision cancer medicine for localized CaP.

Socrates on the Moral Mischief of Misology

In Plato’s dialogues, the Phaedo, Laches, and Republic, Socrates warns his interlocutors about the dangers of misology. Misology is explained by analogy with misanthropy, not as the hatred of other human beings, but as the hatred of the logos or reasonable discourse. According to Socrates, misology arises when a person alternates between believing an argument to be correct, and then refuting it as false. If Socrates is right, then misanthropy is sometimes instilled when a person goes from trusting people to learning that others sometimes betray our reliance and expectations, and finally not to placing any confidence whatsoever in other people, or, in the case of misology, in the correctness or trustworthiness of arguments. A cynical indifference to the soundness of arguments generally is sometimes associated with Socrates’ polemical targets, the Sophists, at least as Plato represents Socrates’ reaction to these itinerant teachers of rhetoric, public speaking and the fashioning of arguments suitable to any occasion. Socrates’ injunctions against misology are largely moral, pronouncing it ‘shameful’ and ‘very wicked’, and something that without further justification we must ‘guard against’, maintaining that we will be less excellent persons if we come to despise argument as lacking the potential of leading to the truth. I examine Socrates’ moral objections to misology which I show to be inconclusive. I consider instead the problem of logical coherence in the motivations supposedly underlying misology, and conclude that misology as Socrates intends the concept is an emotional reaction to argumentation on the part of persons who have not acquired the logical dialectical skills or will to sort out good from bad arguments. We cannot dismiss argument as directed toward the truth unless we have a strong reason for doing so, and any such argument must itself presuppose that at least some reasoning can be justified in discovering and justifying belief in interesting truths. The relevant passages from Socrates’ discussion of the soul’s immortality in the Phaedo are discussed in detail, and set in scholarly background against Socrates’ philosophy more generally, as represented by Plato’s dialogues. I conclude by offering a suggestive list of practical remedies to avoid the alienation from argument in dialectic with which Socrates is concerned.

Tracing the Evidence: The Use of Evaluation Results in Direct-Democratic Campaigns

Although research on direct-democratic campaigns in Switzerland has intensified in the last decade, detailed information on the use of evidence in campaigns is still lacking. Our research aims to contribute both to research on direct democracy and to research on evidence-based policy making, by analyzing how evaluation results are used in directdemocratic campaigns. In this conceptual paper, the formulation of our hypothesis is based on a model of evaluation influence that traces the different uses of evaluation results in the process of a direct-democratic campaign. We assume that the policy analytical capacity of individual members in parliament, government and administration in the (pre)-parliamentary process fosters the use of evidence in campaigns. In the course of the campaign, symbolic use of evaluation in the form of justification, persuasion or mobilization prevails. We assume that the media is an important player in making transparent how political actors use evidence to support their positions. Evidence itself often remains ambiguous and uncertain, and evaluations are influenced by the values of the evaluator. To be able to make the right decisions, therefore, citizens should learn about possible interpretations in argumentative processes. For us, the context of direct democracy in Switzerland provides the setting for such a discourse that, besides evidence, brings up different opinions, values and beliefs.

Sectio caesarea: actual controversy

Caesarean section is one of the most frequently performed operations in human medicine. It has become a routine procedure with a very low morbidity and mortality. Over the centuries, it has emerged an essential achievement in obstetric medicine. In the presence of cephalo-pelvic-disproportion, cervical dystocia, malpresentation, preterm birth, macrosomia, placental insufficiency, placenta praevia or fetal distress it is crucial to improve the perinatal morbiditiy and mortality of mother and child. The procedure has become much more frequent over the past 20 years for multiple reasons. There is variety in incidence between countries but also regional differences. It's occurrence is being influenced by level of education and socio-economic status of the pregnant woman. In the meantime, also the longterm consequences of cesarean section are well known. The potential hazards for future pregnancies and deliveries are well described. Actual controversy addresses cesarean section on demand without any medical indication, which in fact is only seldom performed in Switzerland. The ethical justification of this procedure needs to be discussed in view of the current tendency towards autonomy and self-determination of the pregnant woman.

Cardiovascular-renal axis disorders in the domestic dog and cat: a veterinary consensus statement.

OBJECTIVES There is a growing understanding of the complexity of interplay between renal and cardiovascular systems in both health and disease. The medical profession has adopted the term "cardiorenal syndrome" (CRS) to describe the pathophysiological relationship between the kidney and heart in disease. CRS has yet to be formally defined and described by the veterinary profession and its existence and importance in dogs and cats warrant investigation. The CRS Consensus Group, comprising nine veterinary cardiologists and seven nephrologists from Europe and North America, sought to achieve consensus around the definition, pathophysiology, diagnosis and management of dogs and cats with "cardiovascular-renal disorders" (CvRD). To this end, the Delphi formal methodology for defining/building consensus and defining guidelines was utilised. METHODS Following a literature review, 13 candidate statements regarding CvRD in dogs and cats were tested for consensus, using a modified Delphi method. As a new area of interest, well-designed studies, specific to CRS/CvRD, are lacking, particularly in dogs and cats. Hence, while scientific justification of all the recommendations was sought and used when available, recommendations were largely reliant on theory, expert opinion, small clinical studies and extrapolation from data derived from other species. RESULTS Of the 13 statements, 11 achieved consensus and 2 did not. The modified Delphi approach worked well to achieve consensus in an objective manner and to develop initial guidelines for CvRD. DISCUSSION The resultant manuscript describes consensus statements for the definition, classification, diagnosis and management strategies for veterinary patients with CvRD, with an emphasis on the pathological interplay between the two organ systems. By formulating consensus statements regarding CvRD in veterinary medicine, the authors hope to stimulate interest in and advancement of the understanding and management of CvRD in dogs and cats. The use of a formalised method for consensus and guideline development should be considered for other topics in veterinary medicine.

Does perpetrator punishment satisfy victims' feelings of revenge?

Criminal victimization often provokes strong feelings of revenge. Two studies were conducted to investigate whether legal punishment of the perpetrator reduces victims’ feelings of revenge. A cross-sectional study of 174 crime victims revealed that punishment severity does not predict feelings of revenge at a time several years after the trial. A longitudinal study of 31 crime victims revealed that, for the time interval from a few weeks before the trial to a few weeks after the trial, punishment severity significantly predicts a decrease in feelings of revenge; nevertheless intraindividual and interindividual stability of these feelings was high. Taken together, results of the two studies suggest that perpetrator punishment only partially, and moreover only transitorily, satisfies victims’ feelings of revenge. Therefore, satisfaction of victims’ feelings of revenge cannot be taken as empirical justification for tightening of sentencing norms.

An Oka principle for equivariant isomorphisms

Let G be a reductive complex Lie group acting holomorphically on normal Stein spaces X and Y, which are locally G-biholomorphic over a common categorical quotient Q. When is there a global G-biholomorphism X → Y? If the actions of G on X and Y are what we, with justification, call generic, we prove that the obstruction to solving this local-to-global problem is topological and provide sufficient conditions for it to vanish. Our main tool is the equivariant version of Grauert's Oka principle due to Heinzner and Kutzschebauch. We prove that X and Y are G-biholomorphic if X is K-contractible, where K is a maximal compact subgroup of G, or if X and Y are smooth and there is a G-diffeomorphism ψ : X → Y over Q, which is holomorphic when restricted to each fibre of the quotient map X → Q. We prove a similar theorem when ψ is only a G-homeomorphism, but with an assumption about its action on G-finite functions. When G is abelian, we obtain stronger theorems. Our results can be interpreted as instances of the Oka principle for sections of the sheaf of G-biholomorphisms from X to Y over Q. This sheaf can be badly singular, even for a low-dimensional representation of SL2(ℂ). Our work is in part motivated by the linearisation problem for actions on ℂn. It follows from one of our main results that a holomorphic G-action on ℂn, which is locally G-biholomorphic over a common quotient to a generic linear action, is linearisable.

Greening electricity through taxing: An analysis of GATT constraints

This paper examines the legal feasibility of different design options for implementing a differentiated electricity tax based on renewable energy (RE) certificates aimed at promoting green electricity generation. It discusses the issue of likeness in light of the recent WTO jurisprudence and looks at the possibility of justification of differentiated tax rates under the general exceptions of the GATT. It also scrutinizes the potential legal hurdles for the implementation of different tax design options including the use of certificates for RE tax exemption. It argues that the placing of a quota on the number of foreign RE certificates eligible for tax exemptions would likely affect the volumes of imported green electricity and therefore trigger a violation of GATT rules. At the same time, restrictions on the eligibility of RE certificates might be defended under WTO law if they are based on qualitative criteria, such as the attachment of RE certificates to green electricity flows or to a green electricity label that is equally available to domestic and foreign suppliers of RE electricity.

WTO law issues of emissions trading

Based on existing research in the interface of emissions trading schemes (ETSs) and WTO law, the paper looks more closely at the design elements of an ETS that are most vulnerable to a WTO challenge, including border adjustment on importation and exportation, recycling of revenues and cross-border linking. The analysis of WTO consistency of various ETS regulatory components reveals significant legal uncertainty. One explanation is that an ETS is not yet fully established as a regulatory tool. It does not have a fixed design and its design elements vary significantly with a scheme. Moreover, ETS-related issues have never been raised in WTO disputes. This makes it hard to predict with confidence the outcome of scrutiny of an ETS by a WTO adjudicative body. In this respect, the availability of environmental and/or health exceptions for justification of ETS-related measures is of great importance.