The Judicial Dimension of the European Neighbourhood Policy. EU Diplomacy Paper 08/2013, November 2013

In this paper, the expression “neighbourhood policy” of the European Union (EU) is understood in a broad way which includes the members of the European Free Trade Association (EFTA) contracting parties to the European Economic Area (EEA), the EFTA State Switzerland, candidate states, the countries of the European Neighbour-hood Policy (ENP), and Russia. The European Court of Justice (ECJ) is the centre of gravity in the judicial dimension of this policy. The innermost circle of integration after the EU itself comprises the EFTA States who are party to the European Economic Area. With the EFTA Court, they have their own common court. The existence of two courts – the ECJ and the EFTA Court – raises the question of homogeneity of the case law. The EEA homogeneity rules resemble the ones of the Lugano Convention. The EFTA Court is basically obliged to follow or take into account relevant ECJ case law. But even if the ECJ has gone first, there may be constellations where the EFTA Court comes to the conclusion that it must go its own way. Such constellations may be given if there is new scientific evidence, if the ECJ has left certain questions open, where there is relevant case law of the European Court of Human Rights or where, in light of the specific circumstances of the case, there is room for “creative homogeneity”. However, in the majority of its cases the EFTA Court is faced with novel legal questions. In such cases, the ECJ, its Advocates General and the Court of First Instance make reference to the EFTA Court’s case law. The question may be posed whether the EEA could serve as a model for other regional associations. For the ENP states, candidate States and Russia this is hard to imagine. Their courts will to varying degrees look to the ECJ when giving interpretation to the relevant agreements. The Swiss Government is – at least for the time being – unwilling to make a second attempt to join the EEA. The European Commission has therefore proposed to the Swiss to dock their sectoral agreements with the EU to the institutions of the EFTA pillar, the EFTA Surveillance Authority (ESA) and the EFTA Court. Switzerland would then negotiate the right to nominate a member of the ESA College and of the EFTA Court. The Swiss Government has, however, opted for another model. Swiss courts would continue to look to the ECJ, as they did in the past, and conflicts should also in the future be resolved by diplomatic means. But the ECJ would play a decisive role in dispute settlement. It would, upon unilateral request of one side, give an “authoritative” interpretation of EU law as incorporated into the relevant bilateral agreement. In a “Non-Paper” which was drafted by the chief negotiators, the interpretations of the ECJ are even characterised as binding. The decision-making power would, however, remain with the Joint Committees where Switzerland could say no. The Swiss Government assumes that after a negative decision by the ECJ it would be able to negotiate a compromise solution with the Commission without the ECJ being able to express itself on the outcome. The Government has therefore not tried to emphasise that the ECJ would not be a foreign court. Whether the ECJ would accept its intended role, is an open question. And if it would, the Swiss Government would have to explain to its voters that Switzerland retains the freedom to disregard such a binding decision and that for this reason the ECJ is not only no foreign court, but no adjudicating court at all.

A refined solution to the first terrestrial Pb-isotope paradox

The first terrestrial Pb-isotope paradox refers to the fact that on average, rocks from the Earth's surface (i.e. the accessible Earth) plot significantly to the right of the meteorite isochron in a common Pb-isotope diagram. The Earth as a whole, however, should plot close to the meteorite isochron, implying the existence of at least one terrestrial reservoir that plots to the left of the meteorite isochron. The core and the lower continental crust are the two candidates that have been widely discussed in the past. Here we propose that subducted oceanic crust and associated continental sediment stored as garnetite slabs in the mantle Transition Zone or mid-lower mantle are an additional potential reservoir that requires consideration. We present evidence from the literature that indicates that neither the core nor the lower crust contains sufficient unradiogenic Pb to balance the accessible Earth. Of all mantle magmas, only rare alkaline melts plot significantly to the left of the meteorite isochron. We interpret these melts to be derived from the missing mantle reservoir that plots to the left of the meteorite isochron but, significantly, above the mid-ocean ridge basalt (MORB)-source mantle evolution line. Our solution to the paradox predicts the bulk silicate Earth to be more radiogenic in Pb-207/Pb-204 than present-day MORB-source mantle, which opens the possibility that undegassed primitive mantle might be the source of certain ocean island basalts (OIB). Further implications for mantle dynamics and oceanic magmatism are discussed based on a previously justified proposal that lamproites and associated rocks could derive from the Transition Zone.

Existence and embeddings of partial Steiner triple systems of order ten with cubic leaves

Denote the set of 21 non-isomorphic cubic graphs of order 10 by L. We first determine precisely which L is an element of L occur as the leave of a partial Steiner triple system, thus settling the existence problem for partial Steiner triple systems of order 10 with cubic leaves. Then we settle the embedding problem for partial Steiner triple systems with leaves L is an element of L. This second result is obtained as a corollary of a more general result which gives, for each integer v greater than or equal to 10 and each L is an element of L, necessary and sufficient conditions for the existence of a partial Steiner triple system of order v with leave consisting of the complement of L and v - 10 isolated vertices. (C) 2004 Elsevier B.V. All rights reserved.

Partial regularity of weak solutions of the liquid crystal equilibrium system

For a parameter, we consider the modified relaxed energy of the liquid crystal system. Each minimizer of the modified relaxed energy is a weak solution to the liquid crystal equilibrium system. We prove the partial regularity of minimizers of the modified relaxed energy. We also prove the existence of infinitely many weak solutions for the special boundary value x.

Improved germination of the Australian natives: Hibbertia commutata, Hibbertia amplexicaulis (Dilleniaceae), Chameascilla corymbosa (Liliaceae) and Leucopogon nutans (Epacridaceae)

Hibbertia commutata (Steudel), H. amplexicaulis (Steudel), Chameascilla corymbosa [(R.Br.) F.Muell. Ex Benth.] and Leucopogon nutans (E. Pritzel) are four Australian species that are difficult to germinate during mine-site rehabilitation. Laboratory germination trails were conducted to identify dormancy mechanisms and to improve germination response. Treatments applied to all species included scarification and scarification followed by soaking seeds in smoke water (1, 5 or 10%) or gibberellic-acid solution (50, 200 or 1000 muM). Additional treatments with kinetin solution (50, 200 or 1000 muM) and smoke water (50 or 100%) were applied to scarified or unscarified seeds of C. corymbosa. Thermal-shock treatment was applied to L. nutans fruit, some of which were subsequently scarified and subjected to both smoke water (10%) and gibberellic-acid solution (1000 muM). Significant germination increases were obtained by using dormancy-breaking treatments on H. commutata ( from 12.8 to 76.0%), H. amplexicaulis (from 6.8 to 55.1%) and C. corymbosa (from 48.5 to 86.4%). Scarification alone increased germination of both Hibbertia species, suggesting that these species display a physical seed coat-imposed dormancy mechanism. Germination of H. amplexicaulis was further increased by the application of gibberellic-acid solution, indicating a possible embryo-imposed dormancy mechanism. Scarification followed by the application of smoke water produced the highest germination response for C. corymbosa seeds. Scarification alone did not significantly increase germination, inferring the existence of a smoke-responsive embryo dormancy mechanism. Seeds of L. nutans, although viable, failed to germinate and are thought to display complex seed coat- and embryo-imposed dormancy mechanisms.

Global behavior of positive solutions of nonlinear three-point boundary value problems

We investigate the structure of the positive solution set for nonlinear three-point boundary value problems of the form u('') + h(t) f(u) = 0, u(0) = 0, u(1) = lambdau(eta), where eta epsilon (0, 1) is given lambda epsilon (0, 1/n) is a parameter, f epsilon C ([0, infinity), [0, infinity)) satisfies f (s) > 0 for s > 0, and h epsilon C([0, 1], [0, infinity)) is not identically zero on any subinterval of [0, 1]. Our main results demonstrate the existence of continua of positive solutions of the above problem. (C) 2004 Elsevier Ltd. All rights reserved.

Statistical mechanics of low-density parity check error-correcting codes over Galois fields

A variation of low-density parity check (LDPC) error-correcting codes defined over Galois fields (GF(q)) is investigated using statistical physics. A code of this type is characterised by a sparse random parity check matrix composed of C non-zero elements per column. We examine the dependence of the code performance on the value of q, for finite and infinite C values, both in terms of the thermodynamical transition point and the practical decoding phase characterised by the existence of a unique (ferromagnetic) solution. We find different q-dependence in the cases of C = 2 and C ≥ 3; the analytical solutions are in agreement with simulation results, providing a quantitative measure to the improvement in performance obtained using non-binary alphabets.

Canonical solution groups of a homomorphism : manipulator kinematics, nonparametric regression and distributed object systems

The kinematic mapping of a rigid open-link manipulator is a homomorphism between Lie groups. The homomorphisrn has solution groups that act on an inverse kinematic solution element. A canonical representation of solution group operators that act on a solution element of three and seven degree-of-freedom (do!) dextrous manipulators is determined by geometric analysis. Seven canonical solution groups are determined for the seven do! Robotics Research K-1207 and Hollerbach arms. The solution element of a dextrous manipulator is a collection of trivial fibre bundles with solution fibres homotopic to the Torus. If fibre solutions are parameterised by a scalar, a direct inverse funct.ion that maps the scalar and Cartesian base space coordinates to solution element fibre coordinates may be defined. A direct inverse pararneterisation of a solution element may be approximated by a local linear map generated by an inverse augmented Jacobian correction of a linear interpolation. The action of canonical solution group operators on a local linear approximation of the solution element of inverse kinematics of dextrous manipulators generates cyclical solutions. The solution representation is proposed as a model of inverse kinematic transformations in primate nervous systems. Simultaneous calibration of a composition of stereo-camera and manipulator kinematic models is under-determined by equi-output parameter groups in the composition of stereo-camera and Denavit Hartenberg (DH) rnodels. An error measure for simultaneous calibration of a composition of models is derived and parameter subsets with no equi-output groups are determined by numerical experiments to simultaneously calibrate the composition of homogeneous or pan-tilt stereo-camera with DH models. For acceleration of exact Newton second-order re-calibration of DH parameters after a sequential calibration of stereo-camera and DH parameters, an optimal numerical evaluation of DH matrix first order and second order error derivatives with respect to a re-calibration error function is derived, implemented and tested. A distributed object environment for point and click image-based tele-command of manipulators and stereo-cameras is specified and implemented that supports rapid prototyping of numerical experiments in distributed system control. The environment is validated by a hierarchical k-fold cross validated calibration to Cartesian space of a radial basis function regression correction of an affine stereo model. Basic design and performance requirements are defined for scalable virtual micro-kernels that broker inter-Java-virtual-machine remote method invocations between components of secure manageable fault-tolerant open distributed agile Total Quality Managed ISO 9000+ conformant Just in Time manufacturing systems.

The geochemistry of radioactive waste disposal

The present study attempted to identify the significant parameters which affect radionuclide migration from a low level radioactive waste disposal site located in a clay deposit. From initial sorption studies on smectite minerals, increased Kd with decreasing initial cation concentration was observed, and three sorption mechanisms were identified. The observation of anion dependent sorption was related to the existence of a mechanism in which an anion-cation pair are bound to the clay surface through the anion. The influence of competing cations, typical of inorganic groundwater constituents, depended on: (1) Ni/Co:Mn+(Mn+ = competing cation) ratio, (2) nature of M^n+, (3) total solution ionic strength. The presence of organic material in groundwater is well documented, but its effect on cation sorption has not been established. An initial qualitative investigation involving addition of simple organic ligands to Ni(Co)-hectorite samples demonstrated the formation of metal complexes in the clay interlayers, although some modified behaviour was observed. Further quantitative examination involving likely groundwater organic constituents and more comprehensive physical investigation confirmed this behaviour and enabled separation of the organic compounds used into two classes, according to their effect on cation sorption; (i) acids, (ii) amine compounds. X-ray photoelectron spectroscopy, scanning electron microscopy and Mossbauer spectroscopy were used to investigate the nature of transition metal ions sorbed onto montmorillonite and hectorite. Evidence strongly favoured the sorption of the hexaaquo cation, although a series of sorption sites of slightly different chemical characteristics were responsible for broadened peak widths observed in XPS and Mossbauer investigations. The surface sensitivity of XPS enabled recognition of the two surface sorption sites proposed in earlier sorption studies. Although thermal treatment of Fe^3+/Fe^2+-hectorite samples left iron atoms bonded to the silicate sheet structure, Mossbauer evidence indicated the presence of both ferric and ferrous iron in all samples.

A class of perfect fluids in general relativity

This thesis is concerned with exact solutions of Einstein's field equations of general relativity, in particular, when the source of the gravitational field is a perfect fluid with a purely electric Weyl tensor. General relativity, cosmology and computer algebra are discussed briefly. A mathematical introduction to Riemannian geometry and the tetrad formalism is then given. This is followed by a review of some previous results and known solutions concerning purely electric perfect fluids. In addition, some orthonormal and null tetrad equations of the Ricci and Bianchi identities are displayed in a form suitable for investigating these space-times. Conformally flat perfect fluids are characterised by the vanishing of the Weyl tensor and form a sub-class of the purely electric fields in which all solutions are known (Stephani 1967). The number of Killing vectors in these space-times is investigated and results presented for the non-expanding space-times. The existence of stationary fields that may also admit 0, 1 or 3 spacelike Killing vectors is demonstrated. Shear-free fluids in the class under consideration are shown to be either non-expanding or irrotational (Collins 1984) using both orthonormal and null tetrads. A discrepancy between Collins (1984) and Wolf (1986) is resolved by explicitly solving the field equations to prove that the only purely electric, shear-free, geodesic but rotating perfect fluid is the Godel (1949) solution. The irrotational fluids with shear are then studied and solutions due to Szafron (1977) and Allnutt (1982) are characterised. The metric is simplified in several cases where new solutions may be found. The geodesic space-times in this class and all Bianchi type 1 perfect fluid metrics are shown to have a metric expressible in a diagonal form. The position of spherically symmetric and Bianchi type 1 space-times in relation to the general case is also illustrated.

Translation strategies and cross-cultural contraints : a case study of the translation of advertising texts

Since the transfer of a message between two cultures very frequently takes place through the medium of a written text qua communicative event, it would seem useful to attempt to ascertain whether there is any kind of pattern in the use of strategies for the effective interlingual transfer of this message. Awareness of potentially successful strategies, within the constraints of context, text type, intended TL function and TL reader profile will enhance quality and cost-effectiveness (time, effort, financial costs) in the production of the target text. Through contrastive analysis of pairs of advertising texts, SL and TL, French and English, this study will attempt to identify the nature of some recurring choices made by different translators in the attempt to recreate ST information in the TL in such a manner as to reproduce as closely as possible the informative, persuasive and affective functions of the text as advertising material. Whilst recurrence may be seen to be significant in terms of illustrating tendencies with regard to the solution of problems of translation, this would not necessarily be taken as confirmation of the existence of pre-determined or prescriptive rules. These tendencies could, however, be taken as a guide to potential solutions to certain kinds of context-bound and text-type specific problem. Analysis of translated text-pairs taken from the field of advertising should produce examples of constraints posed by the need to select the content, tone and form of the Target Text, in order to ensure maximum efficacy of persuasive effect and to ensure the desired outcome, as determined by the Source Text function. When evaluating the success of a translated advertising text, constraints could be defined in terms of the culture-specific references or assumptions on which a Source Text may build in order to achieve its intended communicative function within the target community.

Improvement of the mechanical properties of 2124 Al/SiCp MMC plate by optimisation of the solution treatment

Static mechanical properties of 2124 Al/SiCp MMC have been measured as a function of solution temperature and time. An optimum solution treatment has been established which produces significant improvements in static mechanical properties and fatigue crack growth resistance over conventional solution treatments. Increasing the solution treatment parameters up to the optimum values improves the mechanical properties because of intermetallic dissolution, improved solute and GPB zone strengthening and increased matrix dislocation density. Increasing the solution treatment parameters beyond the optimum values results in a rapid reduction in mechanical properties due to the formation of gas porosity and surface blisters. The optimum solution treatment improves tensile properties in the transverse orientation to a greater extent than in the longitudinal orientation and this results in reduced anisotropy. © 1996 Elsevier Science Limited.

An Analog of the Tricomi Problem for a Mixed Type Equation with a Partial Fractional Derivative

Mathematics Subject Classification 2010: 35M10, 35R11, 26A33, 33C05, 33E12, 33C20.

Acceleration of Convergence in Dontchev’s Iterative Method for Solving Variational Inclusions

2000 Mathematics Subject Classification: 47H04, 65K10.

Global Results for Solution to the Mass-Critical Schrödinger Equation with Convolution Nonlinearity in R^n

Георги Венков, Христо Генев - Разглеждаме един клас от L^2 - критични нелинейни уравнения на Шрьодингер в R^(1+n) с конволюционна нелинейност от тип Хартри. Целта ни е да установим локалното и глобално съществуване на решенията, както и коректност на задачата на Коши в достатъчно малка околност на нулата в пространството L^2 (R^n). Като естествено следствие на глобалните резултати ние доказваме съществуване на оператор на разсейване за малки начални условия.