Towards a treaty instrument on marine genetic resources

Marine genetic resources other than fish and mammals are of increasing commercial interest and importance in genetic engineering, but fail being properly addressed in the law of the sea and in international economic law. The paper analyses the implication of the United Nations Convention on the Law of the Sea, the Convention on Biodiversity, the WTO Agreement on Trade Related Aspects of Intellectual Property Rights and related instruments under the auspices of WIPO. The paper argues that the triangle of these agreements does not adequately address marine genetic resources in particular in the high seas. Neither concerns of protecting biodiversity nor of access and benefit sharing find appropriate answers commensurate to the commercial potential of marine genetic resources. The paper suggests developing an instrument inspired by, and comparable to, the mechanisms developed by the International Treaty on Plant Genetic Resources for Food and Agriculture. The instrument would grant facilitated access to marine genetic resources and offer a more detailed set of rules with respect to the sharing of benefits resulting from their use, thereby addressing the existing legal gaps in a comprehensive way.

Zwangsmassnahmen als Instrument der Krankheitsbekämpfung: das Epidemiengesetz und die persönliche Freiheit

Das Auftreten einer gefährlichen Epidemie weckt unterschiedliche Erwartungen an den Staat: Gesunde fordern effiziente Krankheitsbekämpfung und Ansteckungsprävention; für Kranke und Infizierte steht dagegen der Schutz vor Diskriminierung sowie vor einschneidenden Eingriffen in die Persönlichkeitssphäre im Vordergrund. Im Spannungsfeld dieser teilweise gegenläufigen Interessen steht, wie heute das Beispiel AIDS zeigt, die Diskussion über den Einsatz von seuchenrechtlichen Zwangsmassnahmen und deren Vereinbarung mit dem Grundrecht der Persönlichen Freiheit. Die vorliegenden Leitlinien zur verfassungsmässigen Handhabung dieses heiklen Instruments richten sich in erster Linie an Gesundheitsbehörden, richterliche Instanzen und Ärzte.

Optical Tolerance Analysis of the Multi-Beam Limb Viewing Instrument STEAMR

In this paper, we report on an optical tolerance analysis of the submillimeter atmospheric multi-beam limb sounder, STEAMR. Physical optics and ray-tracing methods were used to quantify and separate errors in beam pointing and distortion due to reflector misalignment and primary reflector surface deformations. Simulations were performed concurrently with the manufacturing of a multi-beam demonstrator of the relay optical system which shapes and images the beams to their corresponding receiver feed horns. Results from Monte Carlo simulations show that the inserts used for reflector mounting should be positioned with an overall accuracy better than 100 μm (~ 1/10 wavelength). Analyses of primary reflector surface deformations show that a deviation of magnitude 100 μm can be tolerable before deployment, whereas the corresponding variations should be less than 30 μm during operation. The most sensitive optical elements in terms of misalignments are found near the focal plane. This localized sensitivity is attributed to the off-axis nature of the beams at this location. Post-assembly mechanical measurements of the reflectors in the demonstrator show that alignment better than 50 μm could be obtained.

Der jüdische Nationalfonds : ein Instrument zur Abhilfe d. Judennot

von Adolf Böhm

Policy Instrument Selection under Uncertainty: The Case of Micropollution Regulation

The paper addresses the question of which factors drive the formation of policy preferences when there are remaining uncertainties about the causes and effects of the problem at stake. To answer this question we examine policy preferences reducing aquatic micropollutants, a specific case of water protection policy and different actor groups (e.g. state, science, target groups). Here, we contrast two types of policy preferences: a) preventive or source-directed policies, which mitigate pollution in order to avoid contact with water; and b) reactive or end-of-pipe policies, which filter water already contaminated by pollutants. In a second step, we analyze the drivers for actors’ policy preferences by focusing on three sets of explanations, i.e. participation, affectedness and international collaborations. The analysis of our survey data, qualitative interviews and regression analysis of the Swiss political elite show that participation in the policy-making process leads to knowledge exchange and reduces uncertainties about the policy problem, which promotes preferences for preventive policies. Likewise, actors who are affected by the consequences of micropollutants, such as consumer or environmental associations, opt for anticipatory policies. Interestingly, we find that uncertainties about the effectiveness of preventive policies can promote preferences for end-of-pipe policies. While preventive measures often rely on (uncertain) behavioral changes of target groups, reactive policies are more reliable when it comes to fulfilling defined policy goals. Finally, we find that in a transboundary water management context, actors with international collaborations prefer policies that produce immediate and reliable outcomes.

Factor analysis of the North American Spine Society outcome assessment instrument: a study based on a spine registry of patients treated with lumbar and cervical disc arthroplasty.

Background context Studies involving factor analysis (FA) of the items in the North American Spine Society (NASS) outcome assessment instrument have revealed inconsistent factor structures for the individual items. Purpose This study examined whether the factor structure of the NASS varied in relation to the severity of the back/neck problem and differed from that originally recommended by the developers of the questionnaire, by analyzing data before and after surgery in a large series of patients undergoing lumbar or cervical disc arthroplasty. Study design/setting Prospective multicenter observational case series. Patient sample Three hundred ninety-one patients with low back pain and 553 patients with neck pain completed questionnaires preoperatively and again at 3 to 6 and 12 months follow-ups (FUs), in connection with the SWISSspine disc arthroplasty registry. Outcome measures North American Spine Society outcome assessment instrument. Methods First, an exploratory FA without a priori assumptions and subsequently a confirmatory FA were performed on the 17 items of the NASS-lumbar and 19 items of the NASS-cervical collected at each assessment time point. The item-loading invariance was tested in the German version of the questionnaire for baseline and FU. Results Both NASS-lumbar and NASS-cervical factor structures differed between baseline and postoperative data sets. The confirmatory analysis and item-loading invariance showed better fit for a three-factor (3F) structure for NASS-lumbar, containing items on “disability,” “back pain,” and “radiating pain, numbness, and weakness (leg/foot)” and for a 5F structure for NASS-cervical including disability, “neck pain,” “radiating pain and numbness (arm/hand),” “weakness (arm/hand),” and “motor deficit (legs).” Conclusions The best-fitting factor structure at both baseline and FU was selected for both the lumbar- and cervical-NASS questionnaires. It differed from that proposed by the originators of the NASS instruments. Although the NASS questionnaire represents a valid outcome measure for degenerative spine diseases, it is able to distinguish among all major symptom domains (factors) in patients undergoing lumbar and cervical disc arthroplasty; overall, the item structure could be improved. Any potential revision of the NASS should consider its factorial structure; factorial invariance over time should be aimed for, to allow for more precise interpretations of treatment success.

Backscattered energetic neutral atoms from the Moon in the Earth's plasma sheet observed by Chandarayaan-1/Sub-keV Atom Reflecting Analyzer instrument

We present the observations of energetic neutral atoms (ENAs) produced at the lunar surface in the Earth's magnetotail. When the Moon was located in the terrestrial plasma sheet, Chandrayaan-1 Energetic Neutrals Analyzer (CENA) detected hydrogen ENAs from the Moon. Analysis of the data from CENA together with the Solar Wind Monitor (SWIM) onboard Chandrayaan-1 reveals the characteristic energy of the observed ENA energy spectrum (the e-folding energy of the distribution function) ∼100 eV and the ENA backscattering ratio (defined as the ratio of upward ENA flux to downward proton flux) <∼0.1. These characteristics are similar to those of the backscattered ENAs in the solar wind, suggesting that CENA detected plasma sheet particles backscattered as ENAs from the lunar surface. The observed ENA backscattering ratio in the plasma sheet exhibits no significant difference in the Southern Hemisphere, where a large and strong magnetized region exists, compared with that in the Northern Hemisphere. This is contrary to the CENA observations in the solar wind, when the backscattering ratio drops by ∼50% in the Southern Hemisphere. Our analysis and test particle simulations suggest that magnetic shielding of the lunar surface in the plasma sheet is less effective than in the solar wind due to the broad velocity distributions of the plasma sheet protons.