The margin of appreciation, domestic irregularity and domestic court rulings in ECHR environmental jurisprudence: Global legal pluralism in action

Global legal pluralism is concerned, inter alia, with the growing multiplicity of normative legal orders and the ways in which these different orders intersect and are accommodated with one another. The different means used for accommodation will have a critical bearing on how individuals fare within them. This article examines the recent environmental jurisprudence of the European Court of Human Rights to explore some of the means of reaching an accommodation between national legal orders and the European Convention. Certain types of accommodation – such as the margin of appreciation given to states by the Court – are well known. In essence, such mechanisms of legal pluralism raise a presumptive barrier which generally works for the state and against the individual rights-bearer. However, the principal focus of the current article is on a less well-known, recent set of pluralistic devices employed by the Court, which typically operate presumptively in the other direction, in favour of the individual. First, the Court looks to instances of breaches of domestic environmental law (albeit not in isolation); and second, it places an emphasis on whether domestic courts have ruled against the relevant activity. Where domestic standards have been breached or national courts have ruled against the state, then, presumptive weight is typically shifted towards the individual.

The responsibility to record civilian casualties

The responsibility to record civilian casualties in both armed conflict and civil disturbances must be an integral element of the responsibility to protect, particularly in the application of the just cause principles. The first part of this article examines the threshold issue of the possibility of large-scale civilian casualties which triggers the international community’s responsibility to react. The reports recommending the responsibility to protect emphasise the need to establish the actuality or risk of ‘large scale’ loss of life which is not possible in the current context without a civilian casualty recording structure. The second part of the article outlines the international legal obligation to record civilian casualties based on international humanitarian law and international human rights law. Thirdly, the responsibility to protect and the legal obligation to record casualties are brought together within the framework of Ban Ki-moon’s reports on implementation of the Responsibility to Protect. The fourth and final part of the article reviews the situations in Sri Lanka and Syria. Both states represent egregious examples of governments hiding the existence of casualties, resulting in paralysis within the international community. These situations establish, beyond doubt, that the national obligation to record civilian casualties must be part and parcel of the responsibility to protect.

Developmental changes in the balance of disparity, blur and looming/proximity cues to drive ocular alignment and focus

Accurate co-ordination of accommodation and convergence is necessary to view near objects and develop fine motor co-ordination. We used a remote haploscopic videorefraction paradigm to measure longitudinal changes in simultaneous ocular accommodation and vergence to targets at different depths, and to all combinations of blur, binocular disparity, and change-in-size (“proximity”) cues. Infants were followed longitudinally and compared to older children and young adults, with the prediction that sensitivity to different cues would change during development. Mean infant responses to the most naturalistic condition were similar to those of adults from 6-7 weeks (accommodation) and 8-9 weeks (vergence). Proximity cues influenced responses most in infants less than 14 weeks of age, but sensitivity declined thereafter. Between 12-28 weeks of age infants were equally responsive to all three cues, while in older children and adults manipulation of disparity resulted in the greatest changes in response. Despite rapid development of visual acuity (thus increasing availability of blur cues), responses to blur were stable throughout development. Our results suggest that during much of infancy, vergence and accommodation responses are not dependent on the development of specific depth cues, but make use of any cues available to drive appropriate changes in response.

Modeling Coulombic failure of sea ice with leads

[1] Sea ice failure under low-confinement compression is modeled with a linear Coulombic criterion that can describe either fractural failure or frictional granular yield along slip lines. To study the effect of anisotropy we consider a simplified anisotropic sea ice model where the sea ice thickness depends on orientation. Accommodation of arbitrary deformation requires failure along at least two intersecting slip lines, which are determined by finding two maxima of the yield criterion. Due to the anisotropy these slip lines generally differ from the standard, Coulombic slip lines that are symmetrically positioned around the compression direction, and therefore different tractions along these slip lines give rise to a nonsymmetric stress tensor. We assume that the skewsymmetric part of this tensor is counterbalanced by an additional elastic stress in the sea ice field that suppresses floe spin. We consider the case of two leads initially formed in an isotropic ice cover under compression, and address the question of whether these leads will remain active or new slip lines will form under a rotation of the principal compression direction. Decoupled and coupled models of leads are considered and it is shown that for this particular case they both predict lead reactivation in almost the same way. The coupled model must, however, be used in determining the stress as the decoupled model does not resolve the stress asymmetry properly when failure occurs in one lead and at a new slip line.

Clinical test responses to different orthoptic exercise regimes in typical young adults

Purpose The relative efficiency of different eye exercise regimes is unclear, and in particular the influences of practice, placebo and the amount of effort required are rarely considered. This study measured conventional clinical measures after different regimes in typical young adults. Methods 156 asymptomatic young adults were directed to carry out eye exercises 3 times daily for two weeks. Exercises were directed at improving blur responses (accommodation), disparity responses (convergence), both in a naturalistic relationship, convergence in excess of accommodation, accommodation in excess of convergence, and a placebo regime. They were compared to two control groups, neither of which were given exercises, but the second of which were asked to make maximum effort during the second testing. Results Instruction set and participant effort were more effective than many exercises. Convergence exercises independent of accommodation were the most effective treatment, followed by accommodation exercises, and both regimes resulted in changes in both vergence and accommodation test responses. Exercises targeting convergence and accommodation working together were less effective than those where they were separated. Accommodation measures were prone to large instruction/effort effects and monocular accommodation facility was subject to large practice effects. Conclusions Separating convergence and accommodation exercises seemed more effective than exercising both systems concurrently and suggests that stimulation of accommodation and convergence may act in an additive fashion to aid responses. Instruction/effort effects are large and should be carefully controlled if claims for the efficacy of any exercise regime are to be made.

Historic environments and tourism: Improving access for disabled people

Historic environments and buildings are valued and valuable features of the UK tourism sector, as visitor attractions and as holiday accommodation. Keeping historic environments in economic use is crucial to their conservation, but they date from eras when access for disabled people was not a consideration. Part III of the Disability Discrimination Act 1995 (the DDA) took effect on 1 October 2004 and requires service providers to make reasonable building adjustments to remove physical barriers to disabled access. This independent scoping study by the College of Estate Management, sponsored by Marsh Limited and The Mercers' Company, explores progress in making historic environments accessible to disabled people through an examination of UK policy, literature and case studies in South Oxfordshire and London. The report findings are relevant for property and built environment professionals, business managers and all those involved with historic environments that are used for tourism.

Aerosol microphysics simulations of the Mt.~Pinatubo eruption with the UM-UKCA composition-climate model

We use a stratosphere–troposphere composition–climate model with interactive sulfur chemistry and aerosol microphysics, to investigate the effect of the 1991 Mount Pinatubo eruption on stratospheric aerosol properties. Satellite measurements indicate that shortly after the eruption, between 14 and 23 Tg of SO2 (7 to 11.5 Tg of sulfur) was present in the tropical stratosphere. Best estimates of the peak global stratospheric aerosol burden are in the range 19 to 26 Tg, or 3.7 to 6.7 Tg of sulfur assuming a composition of between 59 and 77 % H2SO4. In light of this large uncertainty range, we performed two main simulations with 10 and 20 Tg of SO2 injected into the tropical lower stratosphere. Simulated stratospheric aerosol properties through the 1991 to 1995 period are compared against a range of available satellite and in situ measurements. Stratospheric aerosol optical depth (sAOD) and effective radius from both simulations show good qualitative agreement with the observations, with the timing of peak sAOD and decay timescale matching well with the observations in the tropics and mid-latitudes. However, injecting 20 Tg gives a factor of 2 too high stratospheric aerosol mass burden compared to the satellite data, with consequent strong high biases in simulated sAOD and surface area density, with the 10 Tg injection in much better agreement. Our model cannot explain the large fraction of the injected sulfur that the satellite-derived SO2 and aerosol burdens indicate was removed within the first few months after the eruption. We suggest that either there is an additional alternative loss pathway for the SO2 not included in our model (e.g. via accommodation into ash or ice in the volcanic cloud) or that a larger proportion of the injected sulfur was removed via cross-tropopause transport than in our simulations. We also critically evaluate the simulated evolution of the particle size distribution, comparing in detail to balloon-borne optical particle counter (OPC) measurements from Laramie, Wyoming, USA (41° N). Overall, the model captures remarkably well the complex variations in particle concentration profiles across the different OPC size channels. However, for the 19 to 27 km injection height-range used here, both runs have a modest high bias in the lowermost stratosphere for the finest particles (radii less than 250 nm), and the decay timescale is longer in the model for these particles, with a much later return to background conditions. Also, whereas the 10 Tg run compared best to the satellite measurements, a significant low bias is apparent in the coarser size channels in the volcanically perturbed lower stratosphere. Overall, our results suggest that, with appropriate calibration, aerosol microphysics models are capable of capturing the observed variation in particle size distribution in the stratosphere across both volcanically perturbed and quiescent conditions. Furthermore, additional sensitivity simulations suggest that predictions with the models are robust to uncertainties in sub-grid particle formation and nucleation rates in the stratosphere.

Intermittent exotropia: are we underminusing by not overminusing?

In this invited commentary, the authors discuss whether the use of minus lenses to aid control of intermittent exotropia has an alternative method of action. Conventional theory suggests that the lenses induce accommodation and therefore accommodative convergence to reduce the angle of deviation. We discuss evidence which suggests that convergence is induced to control the primary deviation and that the minus lenses allow this control by correcting refractive blur caused by additional vergence accommodation.

Developments in the quality of treated greywater supplies for buildings, and associated user perception and acceptance

A manufactured aeration and nanofiltration MBR greywater system was tested during continuous operation at the University of Reading, to demonstrate reliability in delivery of high quality treated greywater. Its treatment performance was evaluated against British Standard criteria [BSI (Greywater Systems—Part 1 Code of Practice: BS8525-1:2010. BS Press, 2010); (Greywater Systems—Part 2 Domestic Greywater Treatment, Requirements and Methods: BS 8525-2:2011. BS Press, 2011)]. The low carbon greywater recycling technology produced excellent analytical results as well as consistency in performance. User acceptance of such reliably treated greywater was then evaluated through user perception studies. The results inform the potential supply of treated greywater to student accommodation. Out of 135 questionnaire replies, 95% demonstrated a lack of aversion in one or more attributes, to using treated, recycled greywater.

The relationship between size of living space and subjective well-being

Against a background of shrinking new homes and forebodings of “rabbit hutch Britain”, the relationship between size of living space and subjective well-being has never been more topical in the UK. Using the British Household Panel Survey (BHPS) and fixed effects regressions, this paper is the first to examine this relationship comprehensively. Two pathways are proposed between space and subjective well-being. First, space facilitates values and activities. Second, space signals wealth which in turn influences social status. It is proposed that wealth is a more important determinant of status for men than women, and that pathway two is therefore gendered. Part one of the paper examines the effect of a change in number of rooms per person on housing satisfaction and subjective well-being in the BHPS as a whole. Despite having a similar effect on the housing satisfaction of both genders, an increase in living space has only a (weak) positive linear effect on the life satisfaction and mental health of men. This suggests that space affects subjective well-being through pathway two, status. Part two of the paper tracks the housing satisfaction and subjective well-being over time of those individuals who move for “larger accommodation”. Consistent with various theories of adaptation, housing satisfaction increases in the year of the move; then decreases slightly before levelling out. Moving for “larger accommodation” has no positive impact on subjective well-being. Overall the results imply a weak positive relationship between size of living space and subjective well-being, but only for men.

Effect of substrate on the locomotion behaviour of the South American iguanian lizard Polychrus acutirostris

Arboreal and terrestrial habitats impose different constraints on tetrapod locomotion. We studied Polychrus acutirostris, a tree-dwelling lizard that also moves on the ground, in order to evaluate the effects of support incline and diameter on locomotion parameters. Limb movements of six specimens were filmed to quantify kinematic variables (velocity, stride frequency, stride length, and limb coordination) on distinct perch diameters (4.0, 1.5, 0.8 cm) and inclines (90, 45, and on level ground). The results show a notable slowness in arboreal habitat combined with a relatively fast locomotion when using the ground as temporary habitat. These animals developed walking trots mainly using lateral sequence. Non-symmetrical trots adopted at the highest velocities on the ground indicate difficulties of ""accommodation"" to the constraints imposed by this condition. Velocity generally decreases with the decreasing diameter, and with increasing incline, of the supports. Slowness, gaits favouring the body stability, elective role of the stride frequency in the modulation of the speed, and the role of the hindlimb in the force exchange to propel the body, constitute the main features of the locomotion pattern of P. acutirostris.

Neurodegeneration and Increased Production of Nitrotyrosine, Nitric Oxide Synthase, IFN-gamma and S100 beta Protein in the Spinal Cord of IL-12p40-Deficient Mice Infected with Trypanosoma cruzi

Background/Aim: Chagas` disease is caused by Trypanosoma cruzi and occurs in most Latin American countries. The protozoan may colonize the central nervous system (CNS) of immune-compromised human hosts, thus causing neuronal disorders. Systemic control of the intracellular forms of the parasite greatly depends on the establishment of a TH1 response and subsequent nitric oxide (NO) release. At the CNS, it is known that low concentrations of NO promote neuronal survival and growth, while high concentrations exert toxic effects and neuron death. Accounting for NO production by astrocytes is the glia-derived factor S100 beta, which is overproduced in some neurodegenerative diseases. In the current work, we studied the expression of NO, interferon (IFN)-gamma and S100 beta in the spinal cord tissue of IL-12p40KO mice infected with T. cruzi, a model of neurodegenerative process. Methods: IL-12p40KO and wild-type (WT) female mice infected with T. cruzi Sylvio X10/4 (10(5) trypomastigotes, intraperitoneally) were euthanized when IL-12p40KO individuals presented limb paralysis. Spinal cord sections were submitted to immunohistochemical procedures for localization of neurofilament, laminin, nitrotyrosine, NO synthases (NOS), IFN-gamma and S100 beta. The total number of neurons was estimated by stereological analysis and the area and intensity of immunoreactivities were assessed by microdensitometric/morphometric image analysis. Results: No lesion was found in the spinal cord sections of WT mice, while morphological disarrangements, many inflammatory foci, enlarged vessels, amastigote nests and dying neurons were seen at various levels of IL-12p40KO spinal cord. Compared to WT mice, IL-12p40KO mice presented a decrement on total number of neurons (46.4%, p<0.05) and showed increased values of immunoreactive area for nitrotyrosine (239%, p<0.01) and NOS (544%, p<0.001). Moreover, the intensity of nitrotyrosine (16%, p<0.01), NOS (38%, p<0.05) and S100 beta (21%, p<0.001) immunoreactivities were also augmented. No IFN-gamma labeled cells were seen in WT spinal cord tissue, contrary to IL-12p40KO tissue that displayed inflammatory infiltrating cells and also some parenchymal cells positively labeled.Conclusion: We suggest that overproduction of NO may account for neuronal death at the spinal cord of T. cruzi-infected IL-12p40KO mice and that IFN-gamma and S100 beta may contribute to NOS activation in the absence of IL-12. Copyright (C) 2009 S. Karger AG, Basel

Late Quaternary sedimentation in the Paraiba Basin, Northeastern Brazil: Landform, sea level and tectonics in Eastern South America passive margin

Late Quaternary deposits in the northeastern Brazil have been scarcely investigated, despite their relevance to the discussion of the post-rift evolution of the South American passive margin within the context of landform, sea level and tectonic deformation. Sedimentological, stratigraphic and morphological characterization of these deposits, referred as Post-Barreiras Sediments, led to their distinction from underlying Early/Middle Miocene strata. Based on optically stimulated luminescence (OSL) dating, two sedimentary units (PB1 and PB2) were recognized and related to the time intervals between 74.8 +/- 9.3 and 30.8 +/- 6.9 ka, and 8.8 +/- 0.9 and 1.8 +/- 0.2 ka, respectively. Unit PB1 consists of indurated sandstones and breccias either with massive bedding or complex types of soft sediment deformation structures generated by contemporaneous seismic activity. Unit PB2 is composed of massive sands or sands related to structures developed by dissipation of dunes. The present work, focusing on the Post-Barreiras Sediments, discusses landform, sea level and tectonics of the eastern South American passive margin during the latest Quaternary. Non-deposition and sub-aerial exposure related to the Tortonian worldwide low sea level combined with tectonic quiescence followed the Miocene transgression. Tectonic deformation in the latest Pleistocene created space to accommodate unit PB1 in downthrown faulted blocks and, perhaps, also synclines produced by strike-slip deformation. Although deposition of this unit was simultaneous with the progressive fall in sea level that followed the Last Interglacial Maximum, punctuated rises combined with land subsidence led to marine deposition close to the modern coastline. Renewed subsidence in the Holocene gave rise to accommodation of the Post-Barreiras Sediments. Most of unit PB2 was deposited during the Holocene Transgression, but it is not composed of marine sediments, which suggests either an insignificant rise in relative sea level or aeolian reworking of thin transgressive sands. The data presented here lead to a review of the evolution of the South American passive margin based on assumptions of uniform sedimentation and undeformed planation surfaces over a wide coastal area of the northeastern Brazil. (C) 2011 Elsevier B.V. All rights reserved.

Evolution of a rift basin dominated by subaerial deposits: The Guaritas Rift, Early Cambrian, Southern Brazil

Most existing models for the evolution of rift basins predict the development of deep-water depositional systems during the stage of greatest tectonic subsidence, when accommodation generation potentially outpaces sedimentation. Despite this, some rift basins do not present deep-water systems, instead being dominated by subaerial deposits. This paper focuses on one of these particular rift basins, the Cambrian Guaritas Rift, Southern Brazil, characterized by more than 1500 m of alluvial and aeolian strata deposited in a 50-km-wide basin. The deposits of the Guaritas Rift can be ascribed to four depositional systems: basin-border alluvial fans, bedload-dominated ephemeral rivers, mixed-load ephemeral rivers and aeolian dune fields. These four systems are in part coeval and in part succeed each other, forming three stages of basin evolution: (i) Rift Initiation to Early Rift Climax stage, (ii) Mid to Late Rift Climax stage, and (iii) Early Post-Rift stage. The first stage comprises most of the Guaritas Group and is characterized by homogeneous bed-load-dominated river deposits, which do not clearly record the evolution of subsidence rates. The onset of sedimentation of finer-grained deposits occurred as a consequence of a reactivation event that changed the outline of the basin and the distribution of the nearby highlands. This strongly suggests that the capture of the main river system to another depression decreased the sediment supply to the basin. The study of the Guaritas Rift indicates that rift basins in which the sediment supply exceeds the accommodation generation occur as a consequence of moderate subsidence combined with the capture of a major river system to the basin during the initial stages of basin evolution. In these basins, changes in the average discharge of the river system or tectonic modification of the drainage network may be the major control on the stratigraphic architecture. (c) 2009 Published by Elsevier B.V.

Tectono-sedimentary evolution of the Neoproterozoic BIF-bearing Jacadigo Group, SW-Brazil

The Jacadigo Group contains one of the largest sedimentary iron and associated manganese deposits of the Neoproterozoic. Despite its great relevance, no detailed sedimentological study concerning the unit has been carried out to date. Here we present detailed sedimentological data and interpretation on depositional systems, system tracts, external controls on basin evolution, basin configuration and regional tectonic setting of the Jacadigo Basin. Six depositional systems were recognized: (I) an alluvial fan system; (II) a siliciclastic lacustrine system; (III) a fan-delta system; (IV) a bedload-dominated river system; (V) an iron formation-dominated lacustrine or marine gulf system; and (VI) a rimmed carbonate platform system. The interpreted depositional systems are related to three tectonic system tracts. The first four depositional systems are mainly made of continental siliciclastics and refer to the rift initiation to early rift climax stage; the lake/gulf system corresponds to the mid to late rift climax stage and the carbonate platform represents the immediate to late post rift stage (Bocaina Formation deposits of the Ediacaran fossil-bearing Corumba Group). The spatial distribution of the depositional systems and associated paleocurrent patterns indicate a WNW-ESE orientation of the master fault zone related to the formation of the Jacadigo Basin. Thus, the iron formations of the Jacadigo Group were deposited in a starved waterbody related to maximum fault displacement and accommodation rates in a restricted continental rift basin. The Fe-Si-Mn source was probably related to hydrothermal plume activity that reached the basin through the fault system during maximum fault displacement phases. Our results also suggest a restricted tectono-sedimentary setting for the type section of the Puga Formation. The Jacadigo Group and the Puga Formation, usually interpreted as glacial deposits, are readdressed here as basin margin gravitational deposits with no necessary relation to glacial processes. (C) 2011 Elsevier B.V. All rights reserved.