The vulnerable subject of negligence law

The approach taken by English courts to the duty of care question in negligence has been subject to harsh criticism in recent years. This article examines this fundamental issue in tort law, drawing upon Canadian and Australian jurisprudence by way of comparison. From this analysis, the concept of vulnerability is developed as a productive means of understanding the duty of care. Vulnerability is of increasing interest in legal and political theory and it is of particular relevance to the law of negligence. In addition to aiding doctrinal coherence, vulnerability – with its focus on relationships and care – has the potential to broaden the way in which the subject of tort law is conceived because it challenges dominant assumptions about autonomy as being prior to the relationships on which it is dependent.

Disentangling sources of incomplete acquisition: an explanation for competence divergence across heritage grammars.

This article brings to light an important variable involved in explaining a type of competence divergence in an instance of bilingual acquisition: heritage speaker (HS) bilingualism. We present results of experiments with European Portuguese (EP) heritage speakers (HSs), showing that they have full morpho-syntactic and semantic competence of inflected infinitives, similar to EP monolinguals. We show this constitutes clear evidence of competence mismatches between heritage speakers of European and Brazilian Portuguese, comparing our results to Rothman’s (2007) experimental evidence that Brazilian Portuguese (BP) heritage speakers lack knowledge of inflected infinitives. These comparative results are especially relevant because inflected infinitives were argued (Pires, 2002, 2006) to have been lost in colloquial BP dialects, although educated monolinguals demonstrate target competence.

Game-theoretic aspects of international mergers: Theory and case studies

This paper studies the exclusion of potential competition as a motivating factor for international mergers. We propose a simple game-theoretic framework in order to discuss the conditions under which mergers that prevent reciprocal domestic competition will occur. Our analysis highlights the shortcomings of antitrust policies based on pre-merger/post-merger concentration comparisons. A review of several recent European cases suggests that actual merger policy often fails to consider potential competition.

Military targeting in the context of self-defence actions

In order to bring conceptual clarity to a particular dimension of the relationship between the jus ad bellum and the jus in bello regimes, this article explores the independent sources of a military targeting rule in both branches of international law. The aim is not to displace the jus in bello as the ‘lead’ regime on how targeting decisions must be made, or to undermine the traditional separation between these regimes. Rather, conceptual light is shed on a sometimes assumed but generally neglected dimension of the jus ad bellum’s necessity and proportionality criteria that may, in limited circumstances, have significance for our understanding of human protection during war, by covering possible gaps in the jus in bello targeting rules.

Remote law-making? American drone strikes and the development of jus ad bellum

There is growing concern amongst international lawyers that the United States’ use of unmanned armed vehicles to conduct lethal targeting operations against non-state actors is setting a dangerous precedent for the future and might lead to an erosion of important rules under international law. Taking seriously these concerns, this article examines in more detail the potential precedent created by the US through its lethal drone strikes and the provided justifications, for the purpose of the development of jus ad bellum. In identifying the claims made by the US under different theories of customary international law as qualified practice or expressions of opinio juris that can lead to an alteration of the law should they be accepted by the international community, this article takes a first step towards a more extensive debate on the potential effects of the US drone strikes on the development of international law.

Investigating The Sources Of Fresh Water Affecting The Hydrological Balance Of Lakes Enriquillo And Azuei (Hispaniola) – Data Analysis

The Enriquillo and Azuei are saltwater lakes located in a closed water basin in the southwestern region of the island of La Hispaniola, these have been experiencing dramatic changes in total lake-surface area coverage during the period 1980-2012. The size of Lake Enriquillo presented a surface area of approximately 276 km2 in 1984, gradually decreasing to 172 km2 in 1996. The surface area of the lake reached its lowest point in the satellite observation record in 2004, at 165 km2. Then the recent growth of the lake began reaching its 1984 size by 2006. Based on surface area measurement for June and July 2013, Lake Enriquillo has a surface area of ~358 km2. Sumatra sizes at both ends of the record are 116 km2 in 1984 and 134 km2in 2013, an overall 15.8% increase in 30 years. Determining the causes of lake surface area changes is of extreme importance due to its environmental, social, and economic impacts. The overall goal of this study is to quantify the changing water balance in these lakes and their catchment area using satellite and ground observations and a regional atmospheric-hydrologic modeling approach. Data analyses of environmental variables in the region reflect a hydrological unbalance of the lakes due to changing regional hydro-climatic conditions. Historical data show precipitation, land surface temperature and humidity, and sea surface temperature (SST), increasing over region during the past decades. Salinity levels have also been decreasing by more than 30% from previously reported baseline levels. Here we present a summary of the historical data obtained, new sensors deployed in the sourrounding sierras and the lakes, and the integrated modeling exercises. As well as the challenges of gathering, storing, sharing, and analyzing this large volumen of data in a remote location from such a diverse number of sources.

Sources of comparative advantages in Brazil

Based on the Heckscher-Ohlin-Vanek model, this paper investigates relative factor abundance in Brazil, as revealed by its international trade. We study two different time periods: one characterized by high trade barriers (1980 to 1985) and the trade liberalization period (1990 to 1995). Two alternative methodologies are used: the estimation of factor intensity regressions on net exports and the direct computation of factor content in net exports. In the factor intensity regression, we incorporate technological changes that might have occurred over time, and those turned out to be significant. Both methods yield the same results: the Brazilian international trade reveals relative abundance in capital, land and unskilled labor, and scarcity in skilled labor, with qualitatively equivalent results for the two time periods studied.

The interdisciplinary perspective on International Law and International Relations by Anne-Marie Slaughter

Este artigo consiste em uma resenha crítica sobre a reflexão de Anne-Marie Slaughter para uma aproximação interdisciplinar entre Direito Internacional e Relações Internacionais. Slaughter tem sido apontada, internacionalmente, como uma das protagonistas neste debate acadêmico, e sua obra é indicada como uma das mais influentes na academia dos Estados Unidos da América, no século XX. Em tempos de aproximação entre juristas e internacionalistas no Brasil, o artigo procura contribuir com a contextualização da produção da autora, bem como elucidar os momentos de influência das suas atividades em outros centros de discussão e produção. A proposta principal deste artigo é, assim, favorecer um mapeamento histórico e contextualizado da chamada para o debate interdisciplinar entre Direito Internacional e Relações Internacionais, a partir dos trabalhos de um de seus pivôs na academia nos Estados Unidos.

Sources of errors in the quantitative analysis of food carotenoids by HPLC

Several factors render carotenoid determination inherently difficult. Thus, in spite of advances in analytical instrumentation, discrepancies in quantitative results on carotenoids can be encountered in the international literature. A good part of the errors comes from the pre-chromatographic steps such as sampling scheme that does not yield samples representative of the food lots under investigation; sample preparation which does not maintain representativity and guarantee homogeneity of the analytical sample; incomplete extraction; physical losses of carotenoids during the various steps, especially during partition or washing and by adsorption to glass walls of containers; isomerization and oxidation of carotenoids during analysis. on the otherhand, although currently considered the method of choice for carotenoids, high performance liquid chromatography (HPLC) is subject to various sources of errors, such as: incompatibility of the injection solvent and the mobile phase, resulting in distorted or split peaks; erroneous identification; unavailability, impurity and instability of carotenoid standards; quantification of highly overlapping peaks; low recovery from the HPLC column; errors in the preparation of standard solutions and in the calibration procedure; calculation errors. Illustrations of the possible errors in the quantification of carotenoids by HPLC are presented.