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.

Synthesis of Semi-Natural Grassland Vegetation of a Biogeographically Heterogeneous Area: Mesophilous Species-Rich Meadows in Switzerland

For a hundred years semi-natural species-rich meadow vegetation has been described from various areas of Switzerland. The first description dates from 1892 by Stebler and Schröter. In the present study, relevés of 65 semi-natural mesophilous meadow associations and communities reported by 26 authors, which were collected throughout the century, are summarized. An increasing number of descriptions dating from the 1980s and 1990s is included. A numerical classification of these 65 types resulted in four main groups of meadow-types. When compared with the existing literature of alliances a high correlation is found with the Polygono-Trisetion Br.-Bl. et R. Tx. ex Marshall 1947, the Arrhenatherion W. Koch 1926, the Agrostio-Festucion Puscaru et al. 1956, the Mesobromion Br.-Bl. et Moor 1938 em. Oberdorfer 1957, and with the Chrysopogonetum W. Koch 1943. The Agrostio-Festucion is characteristic for the montane belt in southern Switzerland and was until recently poorly known. This alliance is discussed in detail. Some classifications of meadow types by the original authors had to be rearranged for the present purpose. The present classification coincides well with the one Stebler and Schröter gave in 1892. Today, after a century of intensive changes in land use, their four main types are still valid.

Constructing, Creating and Contesting Cityscapes. A Socio-Anthropological Approach to Urban Transformation in Southern Xinjiang, People’s Republic of China

This manuscript is based on a PhD thesis submitted at the Institute of Social Anthropology at the University of Bern in 2014. The dissertation was part of the research project „Xinjiang Uyghur Autonomous Region and Chinese Territoriality. The Development of Infrastructure and Han Migration into the Region“ under the supervision of Prof. Dr. Heinzpeter Znoj and financed by the Swiss National Science Foundation SNSF. Madlen Kobi analyzes the architectural and socio-political transformation of public places and spaces in rapidly urbanizing southern Xinjiang, P.R. China, and in doing so pays particular attention to the cities of Aksu and Kaxgar. As the Xinjiang Uyghur Autonomous Region lies in between China and Central Asia, it is especially characterized by differing political, cultural, and religious influences, and, furthermore, due to its being a multiethnic region, by multiple identities. One might expect cultural and social identities in this area to be negotiated by referring to history, religion, or food. However, they also become visible by the construction and reconstruction, if not demolition, of public places, architectural landmarks, and private residences. Based on ethnographic fieldwork performed in 2011 and 2012, the study explores everyday life in a continuously transforming urban environment shaped by the interaction of the interests of government institutions, investment companies, the middle class, and migrant workers, among many other actors. Here, urban planning, modernization, and renewal form a highly sensitive lens through which the author inspects the tense dynamics of ethnic, religious, and class-based affiliations. She respects varieties and complexities while thoroughly grounding unfolding transformation processes in everyday lived experiences. The study provides vivid insights into how urban places and spaces in this western border region of China are constructed, created, and eventually contested.

Huntington's like conditions in China, A review of published Chinese cases

Background: Knowledge about HD in China is lacking in the international literature. We have therefore analyzed the Chinese literature to thoroughly explore the clinical characteristics of Huntington disease in China. Methods: A computer-based online search of China National Knowledge Infrastructure was performed to review case reports concerning HD published between January 1980 and April of 2011, and the clinical characteristics were extracted. Results: A total of 92 studies involving 279 patients (157 males and 122 females) were collected, 82.0% of which were from provinces of North China. Most of the cases (97.8%) had a family history of HD, and paternal inheritance (65.5%) was higher than maternal inheritance (34.5%). Onset age was 35.8 (± 11.8) years, death occurred with 45.6 (± 13.5) years after a course of 11.6 (± 5.6) years. Involuntary movements were the most frequent reported presentation (found in 52.3%, including 64.4% in the entire body, 19.8% in the upper limbs, and 13.7% in the head and face). Psychiatric symptoms at onset were reported in 16.1%, and cognitive impairment in 1.8%. With disease progression, 99.6% of patients had abnormal movements, 67.9% cognitive impairment, and 35.0% suffered psychiatric symptoms. Of the reported patients, only 22 underwent IT15 gene testing with positive results. Conclusion: HD is a well-reported entity in Chinese medical literature, however, only a small number of instances have been proven by molecular diagnosis. Most of the features resemble what is known in other countries. The highly predominant motor presentation, and the higher male prevalence as well as the apparent concentration in Northern China may be due to observational bias. There is therefore a need to prospectively examine cohorts of patients with appropriate comprehensive assessment tools including genetic testing.

Vegetation shift and laurophyllisation: the possible role of forest fires

Southern Switzerland is a fire prone area where fire has to be considered as a natural environmental factor. In the past decades, fire frequency has tended to increase due to changes in landscape management. The most common type of fire is surface fire which normally breaks out during the vegetation resting period. Usually this type of fire shows short residence time (rapid spread), low to medium fire intensity and limited size. South-facing slopes are particularly fire-prone, so that very high fire frequency is possible: under these conditions passive resistant species and postfire resprouting species are favoured, usually leading to a reduction in the number of surviving species to a few fire adapted sprouters. Evergreen broadleaves are extremely sensitive to repeated fires. A simulation of the potential vegetation of southern Switzerland under climatic changed conditions evidenced the coincidence of the potential area of spreading forests rich in evergreen broad-leaved species with the most fire-prone area of the region. Therefore, in future, wildfires could play an important regulating role: most probably they will not stop the large-scale laurophyllisation of the thermophilous forests of southern Switzerland, but at sites with high fire frequency the vegetation shift could be slowed or even prevented by fire-disturbances.