Hacia la aplicación de las guías de la Organización para la Cooperación y el Desarrollo Económicos (OCDE) sobre precios de transferencia para empresas multinacionales y administraciones tributarias en Colombia

Los precios de transferencia ocupan el interés de los Estados en el mundo actual al constituir uno de los retos fundamentales del Derecho Internacional Tributario. En el seno de la Organización para la Cooperación y el Desarrollo Económicos (OCDE), creada en 1961, se discutieron y desarrollaron diversas propuestas para regular el fenómeno. Estas, se materializaron en Modelos de Convenios Tributarios e instrumentos de soft law, que hoy en día constituyen los principios internacionalmente aceptados en la materia. Las Guías de la OCDE sobre precios de transferencia para empresas multinacionales y administraciones tributarias son el cuerpo normativo de soft law que se erigen, en el Ordenamiento Internacional, como el norte de las legislaciones a nivel interno para efectos de regulación de dicha temática. Su adopción por parte de los países miembros y no miembros de la OCDE se enfrenta a problemas teóricos derivados del quebrantamiento del decantado principio de reserva de ley tributaria y el respeto por la seguridad jurídica, razón por la cual su incorporación ha variado de Estado a Estado. El presente trabajo recoge la experiencia en varios países europeos y latinoamericanos y pretende proponer una fórmula de adopción en Colombia, coherente con los principios constitucionales tributarios y con virtualidad de superar las críticas realizadas por la doctrina a la aplicación directa de las Guías.

Justice and Home Affairs databases and a Smart Borders System at EU external borders. An evaluation of current and forthcoming proposals. CEPS Paper in Liberty and Security No. 52/December 2012

This study examines current and forthcoming measures related to the exchange of data and information in EU Justice and Home Affairs policies, with a focus on the ‘smart borders’ initiative. It argues that there is no reversibility in the growing reliance on such schemes and asks whether current and forthcoming proposals are necessary and original. It outlines the main challenges raised by the proposals, including issues related to the right to data protection, but also to privacy and non-discrimination.

Air-earth current density measurements at Lerwick; implications for seasonality in the global electric circuit

Atmospheric electricity measurements were made at Lerwick Observatory in the Shetland Isles (60°09′N, 1°08′W) during most of the 20th century. The Potential Gradient (PG) was measured from 1926 to 84 and the air-earth conduction current (Jc) was measured during the final decade of the PG measurements. Daily Jc values (1978–1984) observed at 15 UT are presented here for the first time, with independently-obtained PG measurements used to select valid data. The 15 UT Jc (1978–1984) spans 0.5–9.5 pA/m2, with median 2.5 pA/m2; the columnar resistance at Lerwick is estimated as 70 PΩm2. Smoke measurements confirm the low pollution properties of the site. Analysis of the monthly variation of Lerwick Jc data shows that winter (DJF) Jc is significantly greater than the summer (JJA) Jc by 20%. The Lerwick atmospheric electricity seasonality differs from the global lightning seasonality, but Jc has a similar seasonal phasing to that observed in Nimbostratus clouds globally, suggesting a role for non-thunderstorm rain clouds in the seasonality of the global circuit.

A calibrated, non-invasive method for measuring the internal interface height field at high resolution in the rotating, two-layer annulus

We describe a remote sensing method for measuring the internal interface height field in a rotating, two-layer annulus laboratory experiment. The method is non-invasive, avoiding the possibility of an interaction between the flow and the measurement device. The height fields retrieved are accurate and highly resolved in both space and time. The technique is based on a flow visualization method developed by previous workers, and relies upon the optical rotation properties of the working liquids. The previous methods returned only qualitative interface maps, however. In the present study, a technique is developed for deriving quantitative maps by calibrating height against the colour fields registered by a camera which views the flow from above. We use a layer-wise torque balance analysis to determine the equilibrium interface height field analytically, in order to derive the calibration curves. With the current system, viewing an annulus of outer radius 125 mm and depth 250 mm from a distance of 2 m, the inferred height fields have horizontal, vertical and temporal resolutions of up to 0.2 mm, 1 mm and 0.04 s, respectively.

Vertical current flow through extensive layer clouds

The global atmospheric electrical circuit sustains a vertical current density between the ionosphere and the Earth's surface, the existence of which is well-established from measurements made in fair-weather conditions. In overcast, but non-thunderstorm, non-precipitating conditions, the current travels through the cloud present, despite cloud layers having low electrical conductivity. For extensive layer clouds, this leads to space charge at the upper and lower cloud boundaries. Using a combination of atmospheric electricity and solar radiation measurements at three UK sites, vertical current measurements have been categorised into clear, broken, and overcast cloud conditions. This approach shows that the vertical “fair weather” current is maintained despite the presence of cloud. In fully overcast conditions with thick cloud, the vertical current is reduced compared to thin cloud overcast conditions, associated with the cloud's resistance contributions. Contribution of cloud to the columnar resistance depends both on cloud thickness, and the cloud's height.

Non-radial solar wind flows induced by the motion of interplanetary coronal mass ejections

A survey of the non-radial flows (NRFs) during nearly five years of interplanetary observations revealed the average non-radial speed of the solar wind flows to be �30 km/s, with approximately one-half of the large (>100 km/s) NRFs associated with ICMEs. Conversely, the average non-radial flow speed upstream of all ICMEs is �100 km/s, with just over one-third preceded by large NRFs. These upstream flow deflections are analysed in the context of the large-scale structure of the driving ICME. We chose 5 magnetic clouds with relatively uncomplicated upstream flow deflections. Using variance analysis it was possible to infer the local axis orientation, and to qualitatively estimate the point of interception of the spacecraft with the ICME. For all 5 events the observed upstream flows were in agreement with the point of interception predicted by variance analysis. Thus we conclude that the upstream flow deflections in these events are in accord with the current concept of the large scale structure of an ICME: a curved axial loop connected to the Sun, bounded by a curved (though not necessarily circular)cross section.

The modelling of electrical current NDT methods and its application to weld testing

Discussion of the numerical modeling of NDT methods based on the potential drop and the disruption of power lines to describe the nature, importance and application of modeling. La 1ère partie est consacrée aux applications aux contrôles par courants de Foucault. The first part is devoted to applications for inspection by eddy currents.

The modelling of electrical current NDT methods and its application to weld testing

Control by voltage drop DC. Contrôle par chute de potentiel de courant alternatif. Control by voltage drop AC.

Current deflection at cracks: some insights from modelling

Eddy current testing by current deflection detects surface cracks and geometric features by sensing the re-routing of currents. Currents are diverted by cracks in two ways: down the walls, and along their length at the surface. Current deflection utilises the latter currents, detecting them via their tangential magnetic field. Results from 3-D finite element computer modelling, which show the two forms of deflection, are presented. Further results indicate that the current deflection technique is suitable for the detection of surface cracks in smooth materials with varying material properties.

A framework towards multi-modal fingerprinting scheme for multimedia assets

Fingerprinting is a well known approach for identifying multimedia data without having the original data present but what amounts to its essence or ”DNA”. Current approaches show insufficient deployment of three types of knowledge that could be brought to bear in providing a finger printing framework that remains effective, efficient and can accommodate both the whole as well as elemental protection at appropriate levels of abstraction to suit various Foci of Interest (FoI) in an image or cross media artefact. Thus our proposed framework aims to deliver selective composite fingerprinting that remains responsive to the requirements for protection of whole or parts of an image which may be of particularly interest and be especially vulnerable to attempts at rights violation. This is powerfully aided by leveraging both multi-modal information as well as a rich spectrum of collateral context knowledge including both image-level collaterals as well as the inevitably needed market intelligence knowledge such as customers’ social networks interests profiling which we can deploy as a crucial component of our Fingerprinting Collateral Knowledge. This is used in selecting the special FoIs within an image or other media content that have to be selectively and collaterally protected.

A framework towards a multi-modal fingerprinting scheme for multimedia assets

Fingerprinting is a well known approach for identifying multimedia data without having the original data present but instead what amounts to its essence or 'DNA'. Current approaches show insufficient deployment of various types of knowledge that could be brought to bear in providing a fingerprinting framework that remains effective, efficient and can accommodate both the whole as well as elemental protection at appropriate levels of abstraction to suit various Zones of Interest (ZoI) in an image or cross media artefact. The proposed framework aims to deliver selective composite fingerprinting that is powerfully aided by leveraging both multi-modal information as well as a rich spectrum of collateral context knowledge including both image-level collaterals and also the inevitably needed market intelligence knowledge such as customers' social networks interests profiling which we can deploy as a crucial component of our fingerprinting collateral knowledge.

Distribution and abundance of ladybirds (Coleoptera : Coccinellidae) in non-crop habitats

The abundance and distribution of coccinellids in non-crop habitats was studied using removal sampling and visual observation. Coccinellids were most frequently found on grassland habitats. Coccinellid abundance appeared to be most strongly correlated with the percentage ground cover of thistle, grasses and nettles. The most commonly collected coccinellids were Coccinella septempunctata and Adalia bipunctata comprising 60% and 35% of the catches respectively. Most coccinellids were found on Rubus spp. with nettles (Urtica dioica) and grasses being the next most favoured plant species. Adalia bipunctata was the most commonly found coccinellid species on nettles and birch (Betula spp.) whereas C. septempunctata was the most commonly found species on grasses, Rubus spp, and oak (Quercus spp.). These results are discussed in light of current thinking on the importance of "island" habitats as pali of an integrated pest management programme.

An overview of the current status of research into adopting high levels of renewables in Ireland

This paper provides an overview of the reduction targets that Ireland has set in the context of decarbonising their electricity generation through the use of renewables. The main challenges associated with integrating high levels (>20% of installed capacity) of non-dispatchable renewable generation are identified. The rising complexity of the challenge as renewable penetration levels increase is highlighted. A list of relevant research questions is then proposed, and an overview is given into the previous work that has gone into answering some of them. In particular, studies into the Irish energy market are identified, the current knowledge gap is described, and areas of necessary future research are suggested

Technologies for biological containment of GM and Non-GM crops

International Perspective The development of GM technology continues to expand into increasing numbers of crops and conferred traits. Inevitably, the focus remains on the major field crops of soybean, maize, cotton, oilseed rape and potato with introduced genes conferring herbicide tolerance and/or pest resistance. Although there are comparatively few GM crops that have been commercialised to date, GM versions of 172 plant species have been grown in field trials in 31 countries. European Crops with Containment Issues Of the 20 main crops in the EU there are four for which GM varieties are commercially available (cotton, maize for animal feed and forage, and oilseed rape). Fourteen have GM varieties in field trials (bread wheat, barley, durum wheat, sunflower, oats, potatoes, sugar beet, grapes, alfalfa, olives, field peas, clover, apples, rice) and two have GM varieties still in development (rye, triticale). Many of these crops have hybridisation potential with wild and weedy relatives in the European flora (bread wheat, barley, oilseed rape, durum wheat, oats, sugar beet and grapes), with escapes (sunflower); and all have potential to cross-pollinate fields non-GM crops. Several fodder crops, forestry trees, grasses and ornamentals have varieties in field trials and these too may hybridise with wild relatives in the European flora (alfalfa, clover, lupin, silver birch, sweet chestnut, Norway spruce, Scots pine, poplar, elm, Agrostis canina, A. stolonifera, Festuca arundinacea, Lolium perenne, L. multiflorum, statice and rose). All these crops will require containment strategies to be in place if it is deemed necessary to prevent transgene movement to wild relatives and non-GM crops. Current Containment Strategies A wide variety of GM containment strategies are currently under development, with a particular focus on crops expressing pharmaceutical products. Physical containment in greenhouses and growth rooms is suitable for some crops (tomatoes, lettuce) and for research purposes. Aquatic bioreactors of some non-crop species (algae, moss, and duckweed) expressing pharmaceutical products have been adopted by some biotechnology companies. There are obvious limitations of the scale of physical containment strategies, addressed in part by the development of large underground facilities in the US and Canada. The additional resources required to grow plants underground incurs high costs that in the long term may negate any advantage of GM for commercial productioNatural genetic containment has been adopted by some companies through the selection of either non-food/feed crops (algae, moss, duckweed) as bio-pharming platforms or organisms with no wild relatives present in the local flora (safflower in the Americas). The expression of pharmaceutical products in leafy crops (tobacco, alfalfa, lettuce, spinach) enables growth and harvesting prior to and in the absence of flowering. Transgenically controlled containment strategies range in their approach and degree of development. Plastid transformation is relatively well developed but is not suited to all traits or crops and does not offer complete containment. Male sterility is well developed across a range of plants but has limitations in its application for fruit/seed bearing crops. It has been adopted in some commercial lines of oilseed rape despite not preventing escape via seed. Conditional lethality can be used to prevent flowering or seed development following the application of a chemical inducer, but requires 100% induction of the trait and sufficient application of the inducer to all plants. Equally, inducible expression of the GM trait requires equally stringent application conditions. Such a method will contain the trait but will allow the escape of a non-functioning transgene. Seed lethality (‘terminator’ technology) is the only strategy at present that prevents transgene movement via seed, but due to public opinion against the concept it has never been trialled in the field and is no longer under commercial development. Methods to control flowering and fruit development such as apomixis and cleistogamy will prevent crop-to-wild and wild-to-crop pollination, but in nature both of these strategies are complex and leaky. None of the genes controlling these traits have as yet been identified or characterised and therefore have not been transgenically introduced into crop species. Neither of these strategies will prevent transgene escape via seed and any feral apomicts that form are arguably more likely to become invasives. Transgene mitigation reduces the fitness of initial hybrids and so prevents stable introgression of transgenes into wild populations. However, it does not prevent initial formation of hybrids or spread to non-GM crops. Such strategies could be detrimental to wild populations and have not yet been demonstrated in the field. Similarly, auxotrophy prevents persistence of escapes and hybrids containing the transgene in an uncontrolled environment, but does not prevent transgene movement from the crop. Recoverable block of function, intein trans-splicing and transgene excision all use recombinases to modify the transgene in planta either to induce expression or to prevent it. All require optimal conditions and 100% accuracy to function and none have been tested under field conditions as yet. All will contain the GM trait but all will allow some non-native DNA to escape to wild populations or to non-GM crops. There are particular issues with GM trees and grasses as both are largely undomesticated, wind pollinated and perennial, thus providing many opportunities for hybridisation. Some species of both trees and grass are also capable of vegetative propagation without sexual reproduction. There are additional concerns regarding the weedy nature of many grass species and the long-term stability of GM traits across the life span of trees. Transgene stability and conferred sterility are difficult to trial in trees as most field trials are only conducted during the juvenile phase of tree growth. Bio-pharming of pharmaceutical and industrial compounds in plants Bio-pharming of pharmaceutical and industrial compounds in plants offers an attractive alternative to mammalian-based pharmaceutical and vaccine production. Several plantbased products are already on the market (Prodigene’s avidin, β-glucuronidase, trypsin generated in GM maize; Ventria’s lactoferrin generated in GM rice). Numerous products are in clinical trials (collagen, antibodies against tooth decay and non-Hodgkin’s lymphoma from tobacco; human gastric lipase, therapeutic enzymes, dietary supplements from maize; Hepatitis B and Norwalk virus vaccines from potato; rabies vaccines from spinach; dietary supplements from Arabidopsis). The initial production platforms for plant-based pharmaceuticals were selected from conventional crops, largely because an established knowledge base already existed. Tobacco and other leafy crops such as alfalfa, lettuce and spinach are widely used as leaves can be harvested and no flowering is required. Many of these crops can be grown in contained greenhouses. Potato is also widely used and can also be grown in contained conditions. The introduction of morphological markers may aid in the recognition and traceability of crops expressing pharmaceutical products. Plant cells or plant parts may be transformed and maintained in culture to produce recombinant products in a contained environment. Plant cells in suspension or in vitro, roots, root cells and guttation fluid from leaves may be engineered to secrete proteins that may be harvested in a continuous, non-destructive manner. Most strategies in this category remain developmental and have not been commercially adopted at present. Transient expression produces GM compounds from non-GM plants via the utilisation of bacterial or viral vectors. These vectors introduce the trait into specific tissues of whole plants or plant parts, but do not insert them into the heritable genome. There are some limitations of scale and the field release of such crops will require the regulation of the vector. However, several companies have several transiently expressed products in clinical and pre-clinical trials from crops raised in physical containment.

Non-normal real estate return distributions by property type in the UK

Investment risk models with infinite variance provide a better description of distributions of individual property returns in the IPD UK database over the period 1981 to 2003 than normally distributed risk models. This finding mirrors results in the US and Australia using identical methodology. Real estate investment risk is heteroskedastic, but the characteristic exponent of the investment risk function is constant across time – yet it may vary by property type. Asset diversification is far less effective at reducing the impact of non‐systematic investment risk on real estate portfolios than in the case of assets with normally distributed investment risk. The results, therefore, indicate that multi‐risk factor portfolio allocation models based on measures of investment codependence from finite‐variance statistics are ineffective in the real estate context