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.

Drivers of Innovation In Financing Transportation Infrastructure: A Systemic Investigation

Traditional methods of financing infrastructure, which include gas taxation, tax-exempt bonds, and reserve funds, have not been able to meet the growing demand for infrastructure. Innovative financing systems have emerged to close the gap that exists between the available and needed financing sources. The objective of the study presented in this paper is to assess determinants of innovative financing in the U.S. transportation infrastructure using a systemic approach. Innovation System of Systems approach is adopted for systemic assessment and a case-based research approach is utilized to explore the constituents of innovative financing for U.S. transportation infrastructure. The findings, which include constructs regarding the players, practices, and activities are used to create a model to enable understanding the dynamics of the drivers and inhibitors of innovation and, thus, to derive implications for practice. The model along with the constructs provides an analytical tool for practitioners in the U.S. transportation infrastructure.

The critical competences needed for innovative organizational inter-firm and intra-firm integration

In today's highly challenging business environment, an innovative and systemic approach is imperative to survival and growth. Organisational integration and technological integration, are often seen as a catalyst of change that could lead to significant improvements in organisations. The levels of improvement in inter and intra firm integration should arise from a detailed understanding and development of competences within and between organisations. Preliminary findings suggest that lack of trust across organisational cultures within the firms has a negative influence on the development of the capabilities to integrate and align technological innovations and hinders implementation and the effectiveness of the operations. Additionally, poor communication and conflict effects customer satisfaction. Firms need to transfer the competences that support cooperative integration, developed through interaction with supply chain partners, to their relationship arrangements with other supply chain partners, as these are key to ensuring low operational costs.

Mainstreaming sustainability into pre-service teacher edcuation in Australia

There is a growing interest in and support for education for sustainability in Australian schools. Australian Government schemes such as the Australian Sustainable Schools Initiative (AuSSI), along with strategies such as Educating for a Sustainable Future: A National Environmental Education Statement for Australian Schools(NEES(Australian Government and Curriculum Corporation (2005) and Living Sustainably: The Australian Government’s National Action Plan for Education for Sustainability (Australian Government 2009), recognise the need and offer support for education for sustainability in Australian schools. The number of schools that have engaged with AuSSI indicates that this interest also exists within Australian schools. Despite this, recent research indicates that pre-service teacher education institutions and programs are not doing all they can to prepare teachers for teaching education for sustainability or for working within sustainable schools. The education of school teachers plays a vital role in achieving changes in teaching and learning in schools. Indeed, the professional development of teachers in education for sustainability has been identified as ‘the priority of priorities’. Much has been written about the need to ‘reorient teacher education towards sustainability’. Teacher education is seen as a key strategy that is yet to be effectively utilised to embed education for sustainability in schools. Mainstreaming sustainability in Australian schools will not be achieved without the preparation of teachers for this task. The Mainstreaming Sustainability model piloted in this study seeks to engage a range of stakeholder organisations and key agents of change within a system to all work simultaneously to bring about a change, such as the mainstreaming of sustainability. The model is premised on the understanding that sustainability will be mainstreamed within teacher education if there is engagement with key agents of change across the wider teacher education system and if the key agents of change are ‘deeply’ involved in making the change. The model thus seeks to marry broad engagement across a system with the active participation of stakeholders within that system. Such a systemic approach is a way of bringing together diverse viewpoints to make sense of an issue and harness that shared interpretation to define boundaries, roles and relationships leading to a better defined problem that can be acted upon more effectively. Like action research, the systemic approach is also concerned with modelling change and seeking plausible solutions through collaboration between stakeholders. This is important in ensuring that outcomes are useful to the researchers/stakeholders and the system being researched as it creates partnerships and commitments to the outcomes by stakeholder participants. The study reported on here examines whether the ‘Mainstreaming Sustainability’ model might be effective as a means to mainstream sustainability in pre-service teacher education. This model, developed in an earlier study, was piloted in the Queensland teacher education system in order to examine its effectiveness in creating organisational and systemic change. The pilot project in Queensland achieved a number of outcomes. The project: • provided useful insights into the effectiveness of the Mainstreaming Sustainability model in bringing about change while also building research capacity within the system • developed capacities within the teacher education community: o developing competencies in education for sustainability o establishing more effective interactions between decision-makers and other stakeholders o establishing a community of inquiry • changed teaching and learning approaches used in participating teacher education institutions through: o curriculum and resource development o the adoption of education for sustainability teaching and learning processes o the development of institutional policies • improved networks within the teacher education system through: o identifying key agents of change within the system o developing new, and building on existing, partnerships between schools, teacher education institutions and government agencies • engaged relevant stakeholders such as government agencies and non-government organisations to understand and support the change Our findings indicate that the Mainstreaming Sustainability model is able to facilitate organisational and systemic change – over time – if: • the individuals involved have the conceptual and personal capacities needed to facilitate change, that is, to be a key agent of change • stakeholders are engaged as participants in the process of change, not simply as ‘interested parties’ • there is a good understanding of systemic change and the opportunities for leveraging change within systems. In particular, in seeking to mainstream sustainability in pre-service teacher education in Queensland it has become clear that one needs to build capacity for change within participants such as knowledge of education for sustainability, conceptual skills in systemic thinking, action research and organisational change, and leadership skills. It is also of vital importance that key agents of change – those individuals who are ‘hubs’ within a system and can leverage for change across a wide range of the system – are identified and engaged with as early as possible. Key agents of change can only be correctly identified, however, if the project leaders and known participants have clearly identified the boundary to their system as this enables the system, sub-system and environment of the system to be understood. Through mapping the system a range of key organisations and stakeholders will be identified, including government and nongovernment organisations, teacher education students, teacher education academics, and so on. On this basis, key agents of change within the system and sub-system can be identified and invited to assist in working for change. A final insight is that it is important to have time – and if necessary the funding to ‘buy time’ – in seeking to bring about system-wide change. Seeking to bring about system-wide change is an ambitious project, one that requires a great deal of effort and time. These insights provide some considerations for those seeking to utilise the Mainstreaming Sustainability model to bring about change within and across a pre-service teacher education system.

Beyond the fashionable : strategic planning for critical information literacy education

The challenge for all educators is to fuse the learning of information literacy to an academic education in such a way that the outcome is systematic and sustainable learning for students. This challenge can be answered through long-term commitment to information literacy education bound to organisation-wide, renewable strategic planning and driven through systemic reform. This chapter seeks to explore the two sides of reforming information literacy education in an academic environment. Specifically, it will examine how one Australian university has undertaken the implementation of a rigorous strategic, systemic approach to information literacy learning and teaching.

Predicting effects of monotony on driver’s vigilance

Monotony has been identified as a contributing factor to road crashes. Drivers’ ability to react to unpredictable events deteriorates when exposed to highly predictable and uneventful driving tasks, such as driving on Australian rural roads, many of which are monotonous by nature. Highway design in particular attempts to reduce the driver’s task to a merely lane-keeping one. Such a task provides little stimulation and is monotonous, thus affecting the driver’s attention which is no longer directed towards the road. Inattention contributes to crashes, especially for professional drivers. Monotony has been studied mainly from the endogenous perspective (for instance through sleep deprivation) without taking into account the influence of the task itself (repetitiveness) or the surrounding environment. The aim and novelty of this thesis is to develop a methodology (mathematical framework) able to predict driver lapses of vigilance under monotonous environments in real time, using endogenous and exogenous data collected from the driver, the vehicle and the environment. Existing approaches have tended to neglect the specificity of task monotony, leaving the question of the existence of a “monotonous state” unanswered. Furthermore the issue of detecting vigilance decrement before it occurs (predictions) has not been investigated in the literature, let alone in real time. A multidisciplinary approach is necessary to explain how vigilance evolves in monotonous conditions. Such an approach needs to draw on psychology, physiology, road safety, computer science and mathematics. The systemic approach proposed in this study is unique with its predictive dimension and allows us to define, in real time, the impacts of monotony on the driver’s ability to drive. Such methodology is based on mathematical models integrating data available in vehicles to the vigilance state of the driver during a monotonous driving task in various environments. The model integrates different data measuring driver’s endogenous and exogenous factors (related to the driver, the vehicle and the surrounding environment). Electroencephalography (EEG) is used to measure driver vigilance since it has been shown to be the most reliable and real time methodology to assess vigilance level. There are a variety of mathematical models suitable to provide a framework for predictions however, to find the most accurate model, a collection of mathematical models were trained in this thesis and the most reliable was found. The methodology developed in this research is first applied to a theoretically sound measure of sustained attention called Sustained Attention Response to Task (SART) as adapted by Michael (2010), Michael and Meuter (2006, 2007). This experiment induced impairments due to monotony during a vigilance task. Analyses performed in this thesis confirm and extend findings from Michael (2010) that monotony leads to an important vigilance impairment independent of fatigue. This thesis is also the first to show that monotony changes the dynamics of vigilance evolution and tends to create a “monotonous state” characterised by reduced vigilance. Personality traits such as being a low sensation seeker can mitigate this vigilance decrement. It is also evident that lapses in vigilance can be predicted accurately with Bayesian modelling and Neural Networks. This framework was then applied to the driving task by designing a simulated monotonous driving task. The design of such task requires multidisciplinary knowledge and involved psychologist Rebecca Michael. Monotony was varied through both the road design and the road environment variables. This experiment demonstrated that road monotony can lead to driving impairment. Particularly monotonous road scenery was shown to have the most impact compared to monotonous road design. Next, this study identified a variety of surrogate measures that are correlated with vigilance levels obtained from the EEG. Such vigilance states can be predicted with these surrogate measures. This means that vigilance decrement can be detected in a car without the use of an EEG device. Amongst the different mathematical models tested in this thesis, only Neural Networks predicted the vigilance levels accurately. The results of both these experiments provide valuable information about the methodology to predict vigilance decrement. Such an issue is quite complex and requires modelling that can adapt to highly inter-individual differences. Only Neural Networks proved accurate in both studies, suggesting that these models are the most likely to be accurate when used on real roads or for further research on vigilance modelling. This research provides a better understanding of the driving task under monotonous conditions. Results demonstrate that mathematical modelling can be used to determine the driver’s vigilance state when driving using surrogate measures identified during this study. This research has opened up avenues for future research and could result in the development of an in-vehicle device predicting driver vigilance decrement. Such a device could contribute to a reduction in crashes and therefore improve road safety.

Developing a framework of effective prevention and response strategies in workplace sexual harassment

Sexual harassment remains a widespread workplace phenomenon, despite laws that proscribe it. Drawing initially on a typology from the violence prevention literature that conceptualizes prevention and response approaches according to when they occur, the paper synthesizes strategies identified in literature addressing workplace sexual harassment, as well as other workplace injustices or grievances. The paper utilizes this previous research to develop a framework of sexual harassment prevention strategies along two dimensions: functions and timing. The framework offers a research-informed set of organization-wide preventative and remedial approaches, a systemic approach to what is often seen as an individual problem, and a means to better focus interventions that are often disparate and unco-ordinated. The paper also highlights important areas for future research including a stronger focus on longer-term (tertiary) corrective actions.

Beyond Science Education: Embedding sustainability in teacher education systems

This chapter will report on a study that sought to develop a systemwide approach to embedding education for sustainability (EfS (the preferred term in Australia) in teacher education. The strategy for a coordinated and coherent systemic approach involved identifying and eliciting the participation of key agents of change within the‘teacher education system’ in one state in Australia, Queensland. This consisted of one representative from each of the eight Queensland universities offering pre-service teacher education, as well as the teacher registration authority, the key State Government agency responsible for public schools, and two national professional organisations. Part of the approach involved teacher educators at different universities developing an institutional specific approach to embedding sustainability education within their teacher preparation programs. Project participants worked collaboratively to facilitate policy and curriculum change while the project leaders used an action research approach to inform and monitor actions taken and to provide guidance for subsequent actions to effect change simultaneously at the state, institutional and course levels. In addition to the state-wide multi-site case study, which we argue has broader applications to national systems in other countries, the chapter will include two institutional level case studies of efforts to embed sustainability in science teacher education.

E-learning intervention for STEM education: Developing country case study

This paper reports an innovative and systemic approach to implementing ICT intervention to support enhancement of teaching and learning of STEM subjects in developing countries. The need for adopting ICT was 2 fold: a lack of availability of qualified STEM secondary teachers and a lack of quality teaching and learning resources to assist teachers and students. ICT was seen as being able to impact on both issues. The intervention involved developing sustainable network design including equipment choices, providing high quality e-learning resources and human resource development including teacher training. The intervention has gradually been accepted by teachers, students, and parents and institutionalized as a key feature of the secondary STEM education in the case study country.

Partition Energy Absorption of Axially Crushed Aluminum Foam-Filled Hat Sections

The "interaction effect" between aluminum foam and metal column that takes place when foam-filled hat sections (top-hats and double-hats) are axially crushed was investigated in this paper. Based on experimental examination, numerical simulation and analytical models, a systemic approach was developed to partition the energy absorption quantitatively into the foam filler component and the hat section component, and the relative contribution of each component to the overall interaction effect was therefore evaluated. Careful observation of the collapse profile found that the crushed foam filler could be further divided into two main energy-dissipation regions: densified region and extremely densified region. The volume reduction and volumetric strain of each region were empirically estimated. An analytical model pertinent to the collapse profile was thereafter proposed to find the more precise relationship between the volume reduction and volumetric strain of the foam filler. Combined the superfolding element model for hat sections with the current model according to the coupled method, each component energy absorption was subsequently derived, and the influence of some controlling factors was discussed. According to the finite element analysis and the theoretical modeling, when filled with foam, energy absorption was found to be increased both in the hat section and the foam filler, whereas the latter contributes predominantly to the interaction effect. The formation of the extremely densified region in the foam filler accounts for this effect.

Medición y realidad : reflexiones para una economía realista

Resumen: El trabajo constituye una presentación general del análisis de la circulación económica elaborado por B. Lonergan quien, desde presupuestos filosóficos diferentes de los implícitos en la teoría económica dominante, desarrolló una aproximación sistémica a la problemática económica que revela ciertas insuficiencias en las mediciones vigentes. En efecto, las variables de interés se ven modificadas cuando cambian las categorías fundamentales de análisis. En la primera sección se exponen los supuestos gnoseológicos y epistemológicos realistas desarrollados por este autor. Estos fundamentos permiten reconocer con mayor claridad las bases endebles de los abordajes actuales. Tras una breve enumeración de algunas críticas al paradigma vigente de parte de diversos autores, se exponen las líneas generales del esquema propuesto por Lonergan.

Modeling smart grids as complex systems through the implementation of intelligent hubs

ICINCO 2010

Interações entre o Legislativo e o Executivo federal do Brasil na definição de políticas de interesse amplo : uma abordagem sistêmica, com aplicação na saúde

Esse estudo aborda a relação entre o Legislativo e o Executivo na produção de políticas. Identifica os elementos do sistema de produção legislativa do Brasil (regras estruturantes, atores, recursos, instâncias de decisão e tipos de políticas produzidas) e propõe um modelo para o caso brasileiro de presidencialismo de coalizão, com base em estudos sobre a relação entre o presidente e o Congresso dos EUA e também na vasta produção existente sobre o contexto nacional. O sistema é estruturado pelo marco normativo de maior hierarquia, a Constituição, determinado historicamente, o qual privilegia a governabilidade com accountability e também orienta políticas segundo princípios de equidade, mas com responsabilidade orçamentária. O modelo considera que as agendas estratégicas dos atores são produto de variadas influências, incluindo o status quo (políticas existentes) e as demandas provenientes das conexões normativa e eleitoral. A primeira cria path dependencies e limita opções de política, realçando questões de capacidade de governar. A segunda agrega preferências em torno do pertencimento à coalizão de governo ou à oposição. As proposições legislativas decorrentes das agendas dos atores são processadas em instâncias de decisão pré-determinadas do Congresso Nacional, segundo conteúdo e relevância das matérias, onde os atores interagem por meio da seleção de vias legislativas e de outros recursos estratégicos. O arcabouço sistêmico é integrado às interações estratégicas que ocorrem nas fases de iniciação, apreciação e conclusão da tramitação de proposições legislativas (em três vias distintas: a constitucional, a complementar e a ordinária). Essa estrutura é reforçada por regras que centralizam o processo decisório durante a tramitação no Congresso. Os produtos do sistema são as leis com impacto em políticas públicas. A partir desse modelo, o estudo analisa seus elementos e relações, aplicando-o a um conjunto abrangente de propostas egislativas (cerca de 21 mil proposições sobre todos os temas, apresentadas no Congresso entre 1999 e 2006, nas três vias). São observados indícios de quatro tipos de interação, segundo padrões de conflito e liderança dos atores: liderança da coalizão, liderança do Legislativo, cooperação e impasse. Os dados opõem-se à demarcação da agenda entre os Poderes e indicam que o êxito do Executivo variou inversamente com a hierarquia da via e que o desempenho do Legislativo superou o do Executivo na via constitucional, com destaque para a atividade do Senado, e na via ordinária (apenas no caso dos projetos de lei ordinária, pois os privilégios de iniciativa exclusiva do Executivo para leis orçamentárias e de edição de medidas provisórias, com força imediata de lei, garantem maior desempenho quantitativo a esse Poder nessa via). Contudo, a coalizão predominou amplamente em todas as vias. Análises qualitativas com foco na política de saúde e seu financiamento reforçam esses achados e sugerem que, apesar das muitas regularidades identificadas no sistema (rejeitando teses como a paralisia decisória ou a completa predominância do Executivo), fragmentações na sociedade e no Estado, persistem como fatores que limitam a produção de políticas mais equitativas

Hacia un enfoque sistémico de la agricultura

p.13-18

El modelo del sistema viable: una referencia estratégica para el estudio organizacional del sector cooperativo chileno

The Chilean Cooperative Sector (SCCh) can be explained as a human activity system of high complexity, which seeks to maintain an independent existence, in example, be viable. From this perspective, the Viable System Model (MSV) as conceptual reference presents a real opportunity to study the organization of the cooperative sector in Chile.The central objective of the work refers to study the feasibility of SCCh in a context of sectorial organization, considering the social, legal and economic fabric of the country today.To do this, supported by a systemic methodology were performed: a characterization of the problem situation of the sector -identifying some relevant factors in the areas of market structure, legal regulations and inter cooperation-an organizational diagnosis and proposed a set guidelines for its development.From the above it is concluded that there is relevance between the characteristics of the case study theoretical and methodological approach. The methodology takes tested in other organizational practices such as VIPLAN tools, and applies the SCCh. Its contribution in the field of study is oriented around a holistic view of the organization and promotion of their viability, thereby generating an approach that delivers specific sectorial development strategies, surpassing the approximation of descriptive characterization. Thus, we provide a diagnostic model of the Chilean Cooperative Sector and propose guidelines to support their organizational development.