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.

Financial openness of China and India: Implications for capital account liberalisation. Bruegel Working Paper 2014/05, May 15 2014

We gauge the de-facto capital account openness of the Chinese and Indian economies by testing the law of one price on the basis of onshore and offshore price gaps for three key financial instruments. Generally, the three measures show both economies becoming more financially open over time. Over the past decade, the Indian economy on average appears to be more open financially than the Chinese economy, but China seems to be catching up with India in the wake of the global financial crisis. Both have more work to do to open their capital accounts.

The Principle of Common Concern and Climate Change

Effective policies combating global warming and incentivising reduction of greenhouse gases face fundamental collective action problems. States defending short term interests avoid international commitments and seek to benefit from measures combating global warming taken elsewhere. The paper explores the potential of Common Concern as an emerging principle of international law, in particular international environmental law, in addressing collective action problems and the global commons. It expounds the contours of the principle, its relationship to common heritage of mankind, to shared and differentiated responsibility and to public goods. It explores its potential to provide the foundations not only for international cooperation, but also to justify, and delimitate at the same time, unilateral action at home and deploying extraterritorial effects in addressing the challenges of global warming and climate change mitigation. As unilateral measures mainly translate into measures of trade policy, the principle of Common Concern is inherently linked and limited by existing legal disciplines in particular of the law of the World Trade Organization.

Geochemistry and sedimentation rates of ODP Leg 199 sites and of surface sediments in the eastern Pacific ocean

We present the first high-resolution organic carbon mass accumulation rate (MAR) data set for the Eocene equatorial Pacific upwelling region, from Sites 1218 and 1219 of the Ocean Drilling Program. A maximum Corg MAR anomaly appears at 41 Ma and corresponds to a high carbonate accumulation event (CAE). Independent evidence suggests that this event (CAE-3) was a time of rapid cooling. Throughout the Eocene, organic carbon burial fluxes were an order of magnitude lower than fluxes recorded for the Holocene. In contrast, the expected organic carbon flux, calculated from the biogenic barium concentrations for these sites, is roughly equal to modern. A sedimentation anomaly appears at 41 Ma, when both the measured and the expected organic carbon MAR increases by a factor of two-three relative to the background Eocene fluxes. The rain of estimated Corg and barium from the euphotic zone to the sediments increased by factors of three and six, respectively. We suggest that the discrepancy between the expected and measured Corg in the sediments is a direct consequence of the increased metabolic rates of all organisms throughout the Eocene oceans and sediments. This hypothesis is supported by recent work in ecology and biochemical kinetics that recognizes the fundamental basis of ecology as following from the laws of thermodynamics. This dependence is now elucidated as the Universal Temperature Dependence (UTD) "law" of metabolism and can be applied to all organisms over their biologically relevant temperature range. The general pattern of organic carbon and barium deposition throughout the Eocene is consistent with the UTD theory. In particular, the anomaly at 41 Ma (CAE-3) is associated with rapid cooling, an event that triggered slower metabolic rates for all organisms, slower recycling of organic carbon in the water and sediment column, and, consequently, higher deposition of organic carbon in the sediments. This "metabolism-based" scenario is consistent with the sedimentation patterns we observe for both Sites 1218 and 1219.

The Virginia workmen's compensation act. With annotations, court decisions construing the act and formal rules of the Industrial commission. Industrial Commission of Virginia.

Amendments ... enacted ... 1952, bound with.

The Virginia Workmen's Compensation Act. With annotations, court decisions construing the act and formal rules of the Industrial Commission. /

Running title: Workmen's compensation law of Virginia

Shore and sea boundaries : with special reference to the interpretation and use of Coast and Geodetic Survey data.

Vol. 3 by: Michael W. Reed.

Municipal code of the city of Cleveland in force July 1st, 1921. Including all ordinances of a general nature, the charter of the city of Cleveland, and all amendments thereto.

"The work of preparing this volume was done by Rees H. Davis, of the Cleveland Bar, working under the direction of William B. Woods, director of law of the city, and with the assistance of L. E. Carter, director of the Bureau of municipal research, and J. C. Mansfield, assistant director of law."--Pref., p. [3]

A treatise on the doctrine of ultra vires : being an investigation of the principles which limit the capacities, powers, and liabilities of corporations, and more especially of joint stock companies /

At head of title: The law of corporations and companies.

The American law journal /

Vol. 4, no. 1, includes "a supplement containing an abridgment of the laws of Maryland for the year 1809 (containing those general laws which are omitted in Maxcy's edition) and the acts of general interest passed in 1810, and the commencement of 1811"

The laws of the Federated Malay States, 1877-1920;

"Errata and corrigenda," 6 numb. l., inserted in v. 3.

Tomb Chapel of Nebamun, interior, Nebamun standing in a small boat, fowling and fishing in the marshes

Thebes (deserted settlement), Egypt; 3 ft. 2 37/64 in.x 3 ft. 2 37/64 in.x 8 21/32 in.; painted plaster

Statue of an Old Woman, front view

H: 4 ft. 1 19/32 in.; Pentelic marble

Statue of an Old Woman, front view

H: 4 ft. 1 19/32 in.; Pentelic marble

Statue of an Old Woman, front view

H: 4 ft. 1 19/32 in.; Pentelic marble