Legal Implications of the Use of Export Taxes in Addressing Carbon Leakage: Competing Border Adjustment Measures

The prevailing uncertainties about the future of the post-Kyoto international legal framework for climate mitigation and adaptation increase the likelihood of unilateral trade interventions that aim to address climate policy concerns, as exemplified by the controversial European Union initiative to include the aviation industry in its emissions trading system. The emerging literature suggests that border carbon adjustment (BCA) measures imposed by importing countries would lead to substantial legal complications in relation to World Trade Organization law and hence to possible trade disputes. Lack of legal clarity on BCAs is exacerbated by potential counter or pre-emptive export restrictions that exporting countries might impose on carbon-intensive products. In this context, this paper investigates the interface between legal and welfare implications of competing unilateral BCA measures. It argues that carbon export taxes will be an inevitable part of the future climate change regime in the absence of a multilateral agreement. It also describes the channels through which competing BCAs may lead to trade conflicts and political complications as a result of their distributional and welfare impacts at the domestic and global levels.

Humanitarian intervention and the issue of state sovereignty in the discourse of legal experts between the 1830s and the First World War

This article discusses the tensions between the principle of state sovereignty and the idea of a "humanitarian intervention" (or a intervention on humanitarian grounds) as they resulted from the debate of leading legal scholars in the 19th and early 20th century. While prominent scholars such as Johann Caspar Bluntschli, Gustave Rolin Jaequemyns or Aegidius Arntz spoke out in favour of a form of "humanitarian interventions", others such as August Wilhelm Heffter or Pasquale Fiore were much more critical and in many cases spoke out in favour of absolute state sovereignty.

Making Abortion Services Accessible in the Wake of Legal Reforms: A Framework and Six Case Studies

Contiene Informe completo y resumen.

Professional Liability of the Construction Professional as an Expert Witness in the Spanish Legal Framework

Inside COBRA 2011 RICS International Research Conference, the present paper is linked to analyze the liability of the construction professional in his practice as a expert witness in the Spanish legal framework. In a large number of legal procedures related to the building it is necessary the intervention of the expert witness to report on the subject of litigation, and to give an opinion about possible causes and solutions. This field is increasingly importantly for the practice of construction professional that requires an important specialization. The expert provides his knowledge to the judge in the matter he is dealing with (construction, planning, assessment, legal, ...), providing arguments or reasons as the base for his case and acting as part of the evidence. Although the importance of expert intervention in the judicial process, the responsibilities arising from their activity is a slightly studied field. Therefore, the study has as purpose to think about the regulation of professional activities raising different aims. The first is to define the action of the construction professional-expert witness and the need for expert evidence, establishing the legal implications of this professional activity. The different types of responsibilities (the civil, criminal and administrative) have been established as well as the economic, penal or disciplinary damages that can be derived from the expert report

The Role of Cytosolic Potassium and pH in the Growth of Barley Roots1

In an earlier paper we showed that in fully developed barley (Hordeum vulgare L.) root epidermal cells a decrease in cytosolic K+ was associated with an acidification of the cytosol (D.J. Walker, R.A. Leigh, A.J. Miller [1996] Proc Natl Acad Sci USA 93: 10510–10514). To show that these changes in cytosolic ion concentrations contributed to the decreased growth of K+-starved roots, we first measured whether similar changes occurred in cells of the growing zone. Triple-barreled ion-selective microelectrodes were used to measure cytosolic K+ activity and pH in cells 0.5 to 1.0 mm from the root tip. In plants growing from 7 to 21 d after germination under K+-replete conditions, the mean values did not change significantly, with values ranging from 80 to 84 mm for K+ and 7.3 to 7.4 for pH. However, in K+-starved plants (external [K+], 2 μm), the mean cytosolic K+ activity and pH had declined to 44 mm and 7.0, respectively, after 14 d. For whole roots, sap osmolality was always lower in K+-starved than in K+-replete plants, whereas elongation rate and dry matter accumulation were significantly decreased after 14 and 16 d of K+ starvation. The rate of protein synthesis in root tips did not change for K+-replete plants but declined significantly with age in K+-starved plants. Butyrate treatment decreased cytosolic pH and diminished the rate of protein synthesis in K+-replete roots. Procaine treatment of K+-starved roots gave an alkalinization of the cytosol and increased protein synthesis rate. These results show that changes in both cytosolic pH and K+ can be significant factors in inhibiting protein synthesis and root growth during K+ deficiency.

In Vivo Ubiquinone Reduction Levels during Thermogenesis in Araceae1

In vivo ubiquinone (UQ) reduction levels were measured during the development of the inflorescences of Arum maculatum and Amorphophallus krausei. Thermogenesis in A. maculatum spadices appeared not to be confined to a single developmental stage, but occurred during various stages. The UQ pool in both A. maculatum and A. krausei appendices was approximately 90% reduced during thermogenesis. Respiratory characteristics of isolated appendix mitochondria did not change in the period around thermogenesis. Apparently, synthesis of the required enzyme capacity is regulated via a coarse control upon which a fine control of metabolism that regulates the onset of thermogenesis is imposed.

Prisão preventiva: direito à razoável duração e necessidade de prazo legal máximo

O direito à razoável duração do processo, inserido expressamente no ordenamento jurídico brasileiro a partir do advento da Emenda Constitucional 45/2004, já poderia ser inferido desde a incorporação da Convenção Americana de Direitos Humanos, bem como ser considerado um corolário da garantia do devido processo legal. Todo indivíduo tem o direito a um processo sem dilações indevidas, em especial aquele que se encontre submetido a uma prisão preventiva, medida cautelar pessoal de extrema gravosidade. Nesse contexto, exsurge o direito que o indivíduo preso preventivamente tem de que o seu processo seja julgado em um prazo razoável ou de que ele seja desencarcerado, caso preso além da necessidade fática contida no caso concreto. Entretanto, a interpretação da garantia não pode restar somente à livre vontade dos aplicadores do direito, sendo necessária uma regulamentação legal efetiva da duração da prisão preventiva, por meio de prazos concretos nos quais o sujeito deverá ser posto em liberdade, ante a desídia estatal. Incorporando experiências estrangeiras, deve o legislador pátrio adotar marcos temporais legais, em que a prisão preventiva deverá cessar, caso excessivamente prolongada. Muito embora no ano de 2011 tenha sido reformada a tutela das medidas cautelares pessoais no Código de Processo Penal, o legislador ordinário não aprovou a imposição de limites de duração da prisão preventiva, permanecendo ao livre arbítrio das autoridades judiciárias a interpretação da garantia em referência. Assim, o Projeto de Lei do Novo Código de Processo Penal, atualmente em trâmite no Congresso Nacional, ao prever limites máximos de duração da prisão preventiva, dá uma efetiva regulamentação à garantia da duração razoável do imputado preso, devendo ser, espera-se, mantido no eventual texto final aprovado.

On the status of conversion in present-day American English: controversial issues and corpus-based study

This paper examines both theoretical and practical issues related to conversion. A quite detailed characterization of the 5329 instances identified in a 300.000-word corpus of American English written in the late 90s is provided. The examples are grouped according to the type of conversion involved. Frequency and the internal structure of words are also considered and compared with the results obtained by earlier scholars. In spite of the limitations that a corpus study imposes, the conclusions obtained seem to suggest that any item, independent of its morphological structure, may undergo conversion and this may happen in any register. Moreover, conversion seems to be an important source of new items in American English nowadays.

General Principles of EU Law: The Ghost in the Platonic Heaven in Need of Conceptual Clarification. Pittsburgh Papers on the European Union Vol. 2, 2013

General principles are en vogue in EU law – and in need of conceptual clarification. A closer look at several concepts of principle in legal philosophy and legal theory sheds light upon the concept of general principles in EU law. A distinction between an aprioristic model of principle and a model of principle informed by legal positivism may contribute to clarifying the genesis of a (general) principle in EU law, as well as its nature and functions. This paper demonstrates that an evolution has taken place from a reliance on seemingly natural law inspired reflections of general principles via the desperate search to ground general principles in various kinds of sources based on a more or less sound methodology towards an increasing reliance on strictly positivistic approaches. Against this backdrop, general principles are likely to lose significance where there are other norms while retaining an important yet uncontrollable role where the traditional canon of sources is silent.

Elements of medical jurisprudence, interspersed with a copious selection of curious and instructive cases ans analyses of opinions delivered at coroners inquests /

Mode of access: Internet.

The international annual of Anthony's photographic bulletin.

Final issue consulted (surrogate).

The gospel exhibited in a Unitarian minister's preaching. Printed for the American Unitarian Association.

In American Unitarian Association. Tracts, 1st ser., vol. VI, no. 62.

Inaugural addresses : delivered by the professors of law in the University of the City of New York at the opening of the law school of that institution.

Includes bibliographical references.

Legal profession reform in Queensland

Legal reforms in Queensland: Queensland's Legal Profession Act came into force on 1 July 2004 and is a step in reorganising and modernising the regulation of the profession - development of an Australia-wide move towards improving conditions for national legal practice - central vehicle for national legal practice is a recommended bill of Model Laws - aspects of Model Laws have not been adopted in the Act and are expected to be adopted in a third stage of reforms.

Ethics and intervention: The 'humanitarian exception' and the problem of abuse in the case of Iraq

This article investigates the ethics of intervention and explores the decision to invade Iraq. It begins by arguing that while positive international law provides an important framework for understanding and debating the legitimacy of war, it does not cover the full spectrum of moral reasoning on issues of war and peace. To that end, after briefly discussing the two primary legal justifications for war (implied UN authorization and pre-emptive self-defence), and finding them wanting, it asks whether there is a moral 'humanitarian exceptions to this rule grounded in the 'just war' tradition. The article argues that two aspects of the broad tradition could be used to make a humanitarian case for war: the 'holy war' tradition and classical just war thinking based on natural law. The former it finds problematic, while the latter it argues provides a moral space to justify the use of force to halt gross breaches of natural law. Although such an approach may provide a moral justification for war, it also opens the door to abuse. It was this very problem that legal positivism from Vattel onwards was designed to address. As a result, the article argues that natural law and legal positivist arguments should be understood as complementary sets of ideas whose sometimes competing claims must be balanced in relation to particular cases. Therefore, although natural law may open a space for justifying the invasion of Iraq on humanitarian terms, legal positivism strictly limits that right. Ignoring this latter fact, as happened in the Iraq case, opens the door to abuse.