RAILAS Lauri, The Rise of the LEX ELECTRONICA and the International Sale of Goods Publication of the faculty of law, University of Helsinski, Helsinski, 2004 Recension effectuée par Karim SEFFAR

L’ouvrage constitue la thèse de Doctorat de Monsieur Lauri Railas soutenue le 16 Octobre 2004 à la faculté de droit de l’Université de Helsinki. Expert reconnu en droit du commerce international, son parcours professionnel explique les orientations prises dans son étude et son approche très large des transactions relatives à la vente internationale de marchandises comparativement à d’autres travaux dans le même domaine. L’auteur a été conseiller juridique à l’Institut d’arbitrage de la chambre de commerce centrale finlandaise puis secrétaire général de la section finlandaise de la chambre internationale de commerce. Il a, ensuite, occupé le poste d’administrateur principal au secrétariat général du conseil de l’Union Européenne entre 1996 et 2002. Il est, actuellement, associé senior chez Krogerus & Co, un des plus importants cabinets d’avocats de Finlande. L’originalité de la thèse réside dans le fait qu’elle aborde les transactions relatives à la vente internationale de marchandises du point de vue du commerce électronique. L’étude traite de la création d’un cadre juridique uniforme et cohérent encadrant l’utilisation des instruments du commerce élecronique pour la vente internationale de marchandises en se concentrant, uniquement, sur le commerce électronique entre professionnels (B to B) et plus précisément sur les initiatives des organisations internationales pour en diffuser et en faciliter l’usage. S’inspirant des théories de l’analyse économique du droit, le postulat de départ de Monsieur Railas est que le commerce électronique peut changer les procédures du commerce international et apporter d’importante économie de coûts. Pour ce faire, un cadre juridique pour le commerce électronique et plus généralement les affaires électroniques, est en cours d’élaboration par les organisations internationales. L’étude aborde ces développements dans différents domaines comme la formation du contrat, le crédit documentaire ou encore la résolution des conflits.L’approche est holistique et basée sur les efforts déployés pour introduire des sources uniformes de régulation pour les transactions électroniques dans le commerce international. L’auteur recense un large répertoire de règles de droit qui sont en majorité d’origine internationales avec pour objectif la détermination du rôle que peuvent jouer les communications électroniques dans la passation de contrats de vente de marchandises, leur livraison mais aussi dans le recours au service de tiers dans des fonctions comme le transport, l’assurance-transport et la sécurisation des droits des différentes parties impliquées. L’idée de base étant que la vente internationale et le transport constituent une chaine de contrats et de services interreliés. En plus des règles de droits déjà établies, l’auteur analyse différentes initiatives de régulation novatrices pour le commerce électronique initiées par la CNUDCI notamment. L’ouvrage traite, également, des problématiques générales comme la formation des contrats et la signature électronique. Par ailleurs, l’auteur procède à l’analyse des contrats de vente dans lesquels le vendeur a l’obligation de livrer en plus des marchandises, les documents relatifs aux marchandises et ceux de transfert de propriété. Les marchandises étant soumises à différents droits de propriété, les documents de vente et de transport ont un rôle important à jouer dans l’exercice de ces droits. Enfin, l’auteur considère la procédure de résolution des conflits comme une part du cycle de vie de chaque transaction. L’arbitrage en ligne et les autres méthodes de résolution en ligne des conflits contribuant à la réalisation de transactions électroniques réussies. L’ouvrage peut être particulièrement utile pour les personnes qui s’intéressent à l’harmonisation internationale des droits applicables au commerce international. L’auteur fait une analyse, particulièrement intéressante, de plusieurs instruments et projets comme les E-terms 2004 de la chambre internationale de commerce, le système Boléro, le système TEDI (Trade Electronic Data Interchange) et le système de transactions financières SWIFNet. La finalité de la démarche est de trouver une plate-forme commune qui fasse en sorte que les transactions électroniques puissent être conclues de manière sécuritaire en s’inspirant des résultats tangibles d’harmonisation atteints par la convention de Vienne sur la vente internationale de marchandises et par les principes UNIDROIT mais aussi du consensus selon lequel le commerce électronique doit être gouverné dans une large part par les instruments de « droit mou » comme les codes de conduite, et que, les règlements extrajudiciaires des conflits doivent être utilisés pour les transactions électroniques.

Association of reduced extracellular brain ammonia, lactate, and intracranial pressure in pigs with acute liver failure.

We previously demonstrated in pigs with acute liver failure (ALF) that albumin dialysis using the molecular adsorbents recirculating system (MARS) attenuated a rise in intracranial pressure (ICP). This was independent of changes in arterial ammonia, cerebral blood flow and inflammation, allowing alternative hypotheses to be tested. The aims of the present study were to determine whether changes in cerebral extracellular ammonia, lactate, glutamine, glutamate, and energy metabolites were associated with the beneficial effects of MARS on ICP. Three randomized groups [sham, ALF (induced by portacaval anastomosis and hepatic artery ligation), and ALF+MARS] were studied over a 6-hour period with a 4-hour MARS treatment given beginning 2 hours after devascularization. Using cerebral microdialysis, the ALF-induced increase in extracellular brain ammonia, lactate, and glutamate was significantly attenuated in the ALF+MARS group as well as the increases in extracellular lactate/pyruvate and lactate/glucose ratios. The percent change in extracellular brain ammonia correlated with the percent change in ICP (r(2) = 0.511). Increases in brain lactate dehydrogenase activity and mitochondrial complex activity for complex IV were found in ALF compared with those in the sham, which was unaffected by MARS treatment. Brain oxygen consumption did not differ among the study groups. Conclusion: The observation that brain oxygen consumption and mitochondrial complex enzyme activity changed in parallel in both ALF- and MARS-treated animals indicates that the attenuation of increased extracellular brain ammonia (and extracellular brain glutamate) in the MARS-treated animals reduces energy demand and increases supply, resulting in attenuation of increased extracellular brain lactate. The mechanism of how MARS reduces extracellular brain ammonia requires further investigation.

Re-engineering and Re-defining University Libraries in the context of modern Information and Communication Technologies: a study with special reference to the University Libraries in Kerala

Information and communication technologies are the tools that underpin the emerging “Knowledge Society”. Exchange of information or knowledge between people and through networks of people has always taken place. But the ICT has radically changed the magnitude of this exchange, and thus factors such as timeliness of information and information dissemination patterns have become more important than ever.Since information and knowledge are so vital for the all round human development, libraries and institutions that manage these resources are indeed invaluable. So, the Library and Information Centres have a key role in the acquisition, processing, preservation and dissemination of information and knowledge. ln the modern context, library is providing service based on different types of documents such as manuscripts, printed, digital, etc. At the same time, acquisition, access, process, service etc. of these resources have become complicated now than ever before. The lCT made instrumental to extend libraries beyond the physical walls of a building and providing assistance in navigating and analyzing tremendous amounts of knowledge with a variety of digital tools. Thus, modern libraries are increasingly being re-defined as places to get unrestricted access to information in many formats and from many sources.The research was conducted in the university libraries in Kerala State, India. lt was identified that even though the information resources are flooding world over and several technologies have emerged to manage the situation for providing effective services to its clientele, most of the university libraries in Kerala were unable to exploit these technologies at maximum level. Though the libraries have automated many of their functions, wide gap prevails between the possible services and provided services. There are many good examples world over in the application of lCTs in libraries for the maximization of services and many such libraries have adopted the principles of reengineering and re-defining as a management strategy. Hence this study was targeted to look into how effectively adopted the modern lCTs in our libraries for maximizing the efficiency of operations and services and whether the principles of re-engineering and- redefining can be applied towards this.Data‘ was collected from library users, viz; student as well as faculty users; library ,professionals and university librarians, using structured questionnaires. This has been .supplemented by-observation of working of the libraries, discussions and interviews with the different types of users and staff, review of literature, etc. Personal observation of the organization set up, management practices, functions, facilities, resources, utilization of information resources and facilities by the users, etc. of the university libraries in Kerala have been made. Statistical techniques like percentage, mean, weighted mean, standard deviation, correlation, trend analysis, etc. have been used to analyse data.All the libraries could exploit only a very few possibilities of modern lCTs and hence they could not achieve effective Universal Bibliographic Control and desired efficiency and effectiveness in services. Because of this, the users as well as professionals are dissatisfied. Functional effectiveness in acquisition, access and process of information resources in various formats, development and maintenance of OPAC and WebOPAC, digital document delivery to remote users, Web based clearing of library counter services and resources, development of full-text databases, digital libraries and institutional repositories, consortia based operations for e-journals and databases, user education and information literacy, professional development with stress on lCTs, network administration and website maintenance, marketing of information, etc. are major areas need special attention to improve the situation. Finance, knowledge level on ICTs among library staff, professional dynamism and leadership, vision and support of the administrators and policy makers, prevailing educational set up and social environment in the state, etc. are some of the major hurdles in reaping the maximum possibilities of lCTs by the university libraries in Kerala. The principles of Business Process Re-engineering are found suitable to effectively apply to re-structure and redefine the operations and service system of the libraries. Most of the conventional departments or divisions prevailing in the university libraries were functioning as watertight compartments and their existing management system was more rigid to adopt the principles of change management. Hence, a thorough re-structuring of the divisions was indicated. Consortia based activities and pooling and sharing of information resources was advocated to meet the varied needs of the users in the main campuses and off campuses of the universities, affiliated colleges and remote stations. A uniform staff policy similar to that prevailing in CSIR, DRDO, ISRO, etc. has been proposed by the study not only in the university libraries in kerala but for the entire country.Restructuring of Lis education,integrated and Planned development of school,college,research and public library systems,etc.were also justified for reaping maximum benefits of the modern ICTs.

Changing Role of Academic Libraries in the E-learning Environment: Issues and Challenges

The development of computer and network technology is changing the education scenario and transforming the teaching and learning process from the traditional physical environment to the digital environment. It is now possible to access vast amount of information online and enable one to one communication without the confines of place or time. While E-learning and teaching is unlikely to replace face-to-face training and education it is becoming an additional delivery method, providing new learning opportunities to many users. It is also causing an impact on library services as the increased use of ICT and web based learning technologies have paved the way for providing new ICT based services and resources to the users. Online learning has a crucial role in user education, information literacy programmes and in training the library professionals. It can help students become active learners, and libraries will have to play a greater role in this process of transformation. The significance of libraries within an institution has improved due to the fact that academic libraries and information services are now responsible for e-learning within their organization.

A Comparative Study on Internationalization and the Role of International Offices at Selected Middle Eastern and German Universities

Internationalization of higher education has become one of the most important policies for institutions of higher education worldwide. Though universities are international by nature, the need for intensified quality activities of international nature has promoted internationalization to be under spotlight of researchers, administrators and policy makers and to be an area for research. Each institution follows its certain way to govern its international affairs. Most Universities, especially in the 'Developed World' started to plan it strategically. This study explores the meanings and importance of internationalization especially that it means different things to different people. It also studies the rationales behind internationalizing higher education. It focuses on the four main prevailing rationales; political, cultural/social, economic/financial, and academic on both national and institutional levels. With the increasing need to strategically plan, the study explores internationalization strategies in terms of how to develop them, what are their approaches and types, and their components and dimensions. Damascus University has witnessed an overwhelming development of its international relations and activities. Therefore, it started to face a problem of how to deal with this increasing load especially that its International Office is the only unit that deals with the international issues. In order to study the internationalization phenomenon at Damascus University, the 2WH approach, which asks the what, why, and how questions, is used and in order to define the International Office's role in the internationalization process of the University, it studies it and the international offices of Kassel University, and Humboldt University in Germany, The University of Jordan, and Al Baath University in Syria using the 'SOCIAL' approach that studies and analyses the situation, organization, challenges, involvement, ambitions, and limitations of these offices. The internationalization process at the above-mentioned Universities is studied and compared in terms of its meaning, rationales for both the institution and its academic staff, challenges and strategic planning. Then a comparison is made among the international offices of the Universities to identify their approaches, what led to their success and what led to their failure in their practices. The aim is to provide Damascus University and its International Office with some good practices and, depending on the experiences of the professionals of the case-studies, a suggested guidance to the work of this Office and the University in general is given. The study uses the interviews with the different officials and stakeholders of the case-studies as the main method of collecting the information in addition to site visits, studying their official documents and their websites. The study belongs to qualitative research that has an action dimension in it since the recommendations will be applied in the International Office. The study concludes with few learned lessons for Damascus University and its International Office depending on the comparison that was done according to a set of dimensions. Finally a reflection on the relationship between internationalization of higher education and politics, the impact of politics on Middle Eastern Universities, and institutional internationalization strategies are presented.

Compositional data analysis of archaeological glass: problems and possible solutions

Presentation in CODAWORK'03, session 4: Applications to archeometry

Application of discriminant function analysis and change-point problem in dating volcanic ashes

The application of Discriminant function analysis (DFA) is not a new idea in the study of tephrochrology. In this paper, DFA is applied to compositional datasets of two different types of tephras from Mountain Ruapehu in New Zealand and Mountain Rainier in USA. The canonical variables from the analysis are further investigated with a statistical methodology of change-point problems in order to gain a better understanding of the change in compositional pattern over time. Finally, a special case of segmented regression has been proposed to model both the time of change and the change in pattern. This model can be used to estimate the age for the unknown tephras using Bayesian statistical calibration

Statistical treatment of grain-size curves and empirical distributions: densities as compositions?

The preceding two editions of CoDaWork included talks on the possible consideration of densities as infinite compositions: Egozcue and D´ıaz-Barrero (2003) extended the Euclidean structure of the simplex to a Hilbert space structure of the set of densities within a bounded interval, and van den Boogaart (2005) generalized this to the set of densities bounded by an arbitrary reference density. From the many variations of the Hilbert structures available, we work with three cases. For bounded variables, a basis derived from Legendre polynomials is used. For variables with a lower bound, we standardize them with respect to an exponential distribution and express their densities as coordinates in a basis derived from Laguerre polynomials. Finally, for unbounded variables, a normal distribution is used as reference, and coordinates are obtained with respect to a Hermite-polynomials-based basis. To get the coordinates, several approaches can be considered. A numerical accuracy problem occurs if one estimates the coordinates directly by using discretized scalar products. Thus we propose to use a weighted linear regression approach, where all k- order polynomials are used as predictand variables and weights are proportional to the reference density. Finally, for the case of 2-order Hermite polinomials (normal reference) and 1-order Laguerre polinomials (exponential), one can also derive the coordinates from their relationships to the classical mean and variance. Apart of these theoretical issues, this contribution focuses on the application of this theory to two main problems in sedimentary geology: the comparison of several grain size distributions, and the comparison among different rocks of the empirical distribution of a property measured on a batch of individual grains from the same rock or sediment, like their composition

Modelling of Mercury’s surface composition and remote detection from the orbit with the BepiColombo Mercury Planetary Orbiter

It can be assumed that the composition of Mercury’s thin gas envelope (exosphere) is related to the composition of the planets crustal materials. If this relationship is true, then inferences regarding the bulk chemistry of the planet might be made from a thorough exospheric study. The most vexing of all unsolved problems is the uncertainty in the source of each component. Historically, it has been believed that H and He come primarily from the solar wind, while Na and K originate from volatilized materials partitioned between Mercury’s crust and meteoritic impactors. The processes that eject atoms and molecules into the exosphere of Mercury are generally considered to be thermal vaporization, photonstimulated desorption (PSD), impact vaporization, and ion sputtering. Each of these processes has its own temporal and spatial dependence. The exosphere is strongly influenced by Mercury’s highly elliptical orbit and rapid orbital speed. As a consequence the surface undergoes large fluctuations in temperature and experiences differences of insolation with longitude. We will discuss these processes but focus more on the expected surface composition and solar wind particle sputtering which releases material like Ca and other elements from the surface minerals and discuss the relevance of composition modelling

Association of genetic variants in complement factor H and factor H-related genes with systemic lupus erythematosus susceptibility

Systemic lupus erythematosus (SLE), a complex polygenic autoimmune disease, is associated with increased complement activation. Variants of genes encoding complement regulator factor H (CFH) and five CFH-related proteins (CFHR1-CFHR5) within the chromosome 1q32 locus linked to SLE, have been associated with multiple human diseases and may contribute to dysregulated complement activation predisposing to SLE. We assessed 60 SNPs covering the CFH-CFHRs region for association with SLE in 15,864 case-control subjects derived from four ethnic groups. Significant allelic associations with SLE were detected in European Americans (EA) and African Americans (AA), which could be attributed to an intronic CFH SNP (rs6677604, in intron 11, Pmeta = 6.6×10-8, OR = 1.18) and an intergenic SNP between CFHR1 and CFHR4 (rs16840639, Pmeta = 2.9×10-7, OR = 1.17) rather than to previously identified disease-associated CFH exonic SNPs, including I62V, Y402H, A474A, and D936E. In addition, allelic association of rs6677604 with SLE was subsequently confirmed in Asians (AS). Haplotype analysis revealed that the underlying causal variant, tagged by rs6677604 and rs16840639, was localized to a ~146 kb block extending from intron 9 of CFH to downstream of CFHR1. Within this block, the deletion of CFHR3 and CFHR1 (CFHR3-1Δ), a likely causal variant measured using multiplex ligation-dependent probe amplification, was tagged by rs6677604 in EA and AS and rs16840639 in AA, respectively. Deduced from genotypic associations of tag SNPs in EA, AA, and AS, homozygous deletion of CFHR3-1Δ (Pmeta = 3.2×10-7, OR = 1.47) conferred a higher risk of SLE than heterozygous deletion (Pmeta = 3.5×10-4, OR = 1.14). These results suggested that the CFHR3-1Δ deletion within the SLE-associated block, but not the previously described exonic SNPs of CFH, might contribute to the development of SLE in EA, AA, and AS, providing new insights into the role of complement regulators in the pathogenesis of SLE.

Effect of the human papillomavirus (HPV) quadrivalent vaccine in a subgroup of women with cervical and vulvar disease: Retrospective pooled analysis of trial data

Objectives To determine the effect of human papillomavirus (HPV) quadrivalent vaccine on the risk of developing subsequent disease after an excisional procedure for cervical intraepithelial neoplasia or diagnosis of genital warts, vulvar intraepithelial neoplasia, or vaginal intraepithelial neoplasia. Design Retrospective analysis of data from two international, double blind, placebo controlled, randomised efficacy trials of quadrivalent HPV vaccine (protocol 013 (FUTURE I) and protocol 015 (FUTURE II)). Setting Primary care centres and university or hospital associated health centres in 24 countries and territories around the world. Participants Among 17 622 women aged 15–26 years who underwent 1:1 randomisation to vaccine or placebo, 2054 received cervical surgery or were diagnosed with genital warts, vulvar intraepithelial neoplasia, or vaginal intraepithelial neoplasia. Intervention Three doses of quadrivalent HPV vaccine or placebo at day 1, month 2, and month 6. Main outcome measures Incidence of HPV related disease from 60 days after treatment or diagnosis, expressed as the number of women with an end point per 100 person years at risk. Results A total of 587 vaccine and 763 placebo recipients underwent cervical surgery. The incidence of any subsequent HPV related disease was 6.6 and 12.2 in vaccine and placebo recipients respectively (46.2% reduction (95% confidence interval 22.5% to 63.2%) with vaccination). Vaccination was associated with a significant reduction in risk of any subsequent high grade disease of the cervix by 64.9% (20.1% to 86.3%). A total of 229 vaccine recipients and 475 placebo recipients were diagnosed with genital warts, vulvar intraepithelial neoplasia, or vaginal intraepithelial neoplasia, and the incidence of any subsequent HPV related disease was 20.1 and 31.0 in vaccine and placebo recipients respectively (35.2% reduction (13.8% to 51.8%)). Conclusions Previous vaccination with quadrivalent HPV vaccine among women who had surgical treatment for HPV related disease significantly reduced the incidence of subsequent HPV related disease, including high grade disease.

Translation of the Decision of the International Court of Justice related to the Case concerning the dispute regarding navigational and related rights (Costa Rica v. Nicaragua) Judgment

--

The parallel diplomacy and the International Relations of the regions

The inclusion of subnational entities in international politics, breaks with the exclusive privilege of handling external relations by the States. Regions and municipalities have developed international policies that strengthen local affairs in cultural, economic, politic, security and strategic cooperation aspects, through the so-called parallel diplomacy activities. The influence of regional institutions in global affairs is growing; however paradiplomacy practice is not institutionalized and received little attention in international relation studies.