La responsabilidad estatal en la Constitución del Ecuador de 2008 (Tema Central)

La Constitución ecuatoriana promulgada el 20 de octubre de 2008 prescribe en el art. 11.9 que la responsabilidad estatal consiste en la reparación de las violaciones a los derechos por la falta o deficiente prestación de servicios públicos o por acciones u omisiones en el ejercicio de potestades públicas, reparación que es integral conforme el principio garantista de protección los derechos previsto en el art. 86.3. El presente estudio aborda aspectos generales de la naturaleza jurídica de la responsabilidad estatal –de la irresponsabilidad a la responsabilidad estatal–, su evolución –de la concepción civil indemnizatoria a la concepción reparadora integral–, y los denominados títulos jurídicos de imputación objetiva –falla del servicio, desequilibrio de las cargas públicas–, que serán de trascendental importancia para la comprensión de nuevo régimen, y cuyos aspectos específicos ameritarían un examen más amplio.

Separación de poderes públicos y entidades fiscalizadoras superiores (Tema Central)

Este trabajo propone una perspectiva del principio de separación de poderes con base en la relación objetiva que surge del control financiero ex post a cargo del Legislativo, sin excluir la relación subjetiva entre los poderes públicos y de estos con las instituciones encargadas de ese control, conocidas como entidades fiscalizadoras superiores. El análisis parte del diseño que las constituciones políticas establecen para esos órganos fiscalizadores, utilizando el caso de México y comparándolo con otros nueve países.

Procesos: revista ecuatoriana de historia. 39 (SOLO LIBROS/Reseñas)

Presenta las reseñas de los siguientes libros: Eloy Alfaro. Narraciones históricas. Quito: Universidad Andina Simón Bolívar, Sede Ecuador / Corporación Editora Nacional, 2012, 368 pp . -- Adolfo León Atehortúa Cruz. Germán Colmenares. Una Nueva Historia. Cali: Universidad del Valle, 2013, 161 pp . -- Fernando Chuquimia Bonifaz. Las Sociedades de Socorros Mutuos y Beneficencia en La Paz, 1883-1920. La Paz: Centro de Estudios para la América Andina y Amazónica, 2013, 255 pp . -- Eliga H. Gould. Among the Powers of the Earth. The American Revolution and the Making of a New World Empire. Cambridge: Harvard University Press, 2012, 301 pp.

Sentencia de casación respecto de las actuaciones de las administraciones tributarias vinculadas a actos administrativos impugnados judicialmente (Jurisprudencia)

En ocasiones las administraciones tributarias han errado en la comprensión del contenido y alcance de la facultad determinadora. Al constituir una actividad reglada, la determinación tributaria debe observar rigurosamente las normas relativas a materia, oportunidad y competencia. La sentencia materia de la presente recensión se refiere precisamente al ejercicio de la facultad determinadora en lo que hace relación con los actos administrativos que se encuentran impugnados judicialmente. Considerando que uno de los efectos de la judicialización del acto administrativo es abstraerlo de la órbita competencial de la administración tributaria, esta no puede ejercer sobre él ninguna de sus facultades, entre ellas, la verificadora. El criterio de juzgamiento analizado confirma este particular, dejando en claro las consecuencias que la impugnación judicial comporta tanto para los actos administrativos como para la administración tributaria.

¿Trasplantes incaicos o etnogénesis poscolonial? El origen de los salasacas de la Sierra ecuatoriana (Estudios)

The salasacas are an indigenous group with a controversial history of origen. Many manuscripts state that they descend from an uprooted Inca population that traveled north from present Bolivia to their new settlement that is now Ecuador. The article presents an alternative narrative that identifies three separate migrations to Salasaca, by different indigenas groups, in the Sixteenth Century. It shows that the modern Salasacan nationality emerged during colonial and postcolonial transformations. It contends that the ethnic distinction of the salasacas is due to the fact that they opted to collectively unite as one solid ethnic group in order to remain as an Indigenas enclave in a region that was experiencing whitening or widespread emergence of half castes.

A European Deposit Insurance and Resolution Fund - An Update. CEPS Policy Brief No. 283, 11 September 2012

Cross-border banking is currently not stable in Europe. Cross-border banks need a European safety net. Moreover, a truly integrated European level banking system may help to break the diabolical loop between the solvency of the domestic banking system and the fiscal standing of the national sovereign. This policy paper first sketches the building blocks of a banking union. Importantly, a new European Deposit Insurance and Resolution Authority (EDIRA) should start simultaneously with the ECB assuming supervisory powers. A combination of European supervision and local resolution cannot work because it is not ‘incentive compatible’. Next, this paper proposes a transition period to gradually phase in the European deposit insurance coverage. Finally, we calculate that a European Deposit Insurance Fund would amount to about €30-50 billion for the 75 euro area banks that were subject to the EBA stress tests. This Fund could be created over a period of time through risk-based deposit insurance premiums levied on these banks. Once up and running, the Fund would then turn into a European Deposit Insurance and Resolution Fund to also deal with the resolution of one or more of these European banks.

Commission v. Gazprom: The antitrust clash of the decade? CEPS Policy Brief No. 285, 31 October 2012

This new CEPS Policy Brief boldly asserts that the antitrust case launched by DG Competition against Gazprom on September 4th will turn out to be the landmark antitrust case of this decade, in much the same way that Microsoft v. Commission was the defining antitrust lawsuit of the last decade. The paper argues that, for a host of political and economic reasons, this case is likely to be hard fought by both sides to a final prohibition decision and then onwards into the EU courts. In the process, the European gas market and the powers of DG Competition in the energy field are likely to be transformed.

The post-Lisbon role of the European Parliament in the EU's Common Commercial Policy: Implications for bilateral trade negotiations. EU Diplomacy Paper 05/2012, July 2012

This paper sets out to conduct an empirical analysis of the post-Lisbon role of the European Parliament (EP) in the EU’s Common Commercial Policy through an examination of the ‘deep and comprehensive’ bilateral Free Trade Agreements (FTAs) currently negotiated as part of the EU’s Global Europe strategy. The EU-Korea and EU-India FTAs are used as case studies in order to determine the implications of the EP’s enhanced trade powers on the processes, actors and outcomes of EU bilateral trade policy. The EP is now endowed with the ‘hard power’ of consent in the ratification phase of FTAs, acting as a threat to strengthen its ‘soft power’ to influence negotiations. The EP is developing strategies to influence the mandate and now plays an important role in the implementation of FTAs. The entry of this new player on the Brussels trade policy field has brought about a shift in the institutional balance of power and opened up the EP as a new point of access for trade policy lobbyists. Finally, increased EP involvement in EU trade policy has brought about a politicisation of EU trade policy and greater normative outcomes of FTAs.

Did farming arise from a misapplication of social intelligence?

The origins of farming is the defining event of human history-the one turning point that has resulted in modern humans having a quite different type of lifestyle and cognition to all other animals and past types of humans. With the economic basis provided by farming, human individuals and societies have developed types of material culture that greatly augment powers of memory and computation, extending the human mental capacity far beyond that which the brain alone can provide. Archaeologists have long debated and discussed why people began living in settled communities and became dependent on cultivated plants and animals, which soon evolved into domesticated forms. One of the most intriguing explanations was proposed more than 20 years ago not by an archaeologist but by a psychologist: Nicholas Humphrey suggested that farming arose from the 'misapplication of social intelligence'. I explore this idea in relation to recent discoveries and archaeological interpretations in the Near East, arguing that social intelligence has indeed played a key role in the origin of farming and hence the emergence of the modern world.

Vibration–rotation variational calculations: precise results on HCN up to 25 000 cm−1

Variation calculations of the vibration–rotation energy levels of many isotopomers of HCN are reported, for J=0, 1, and 2, extending up to approximately 8 quanta of each of the stretching vibrations and 14 quanta of the bending mode. The force field, which is represented as a polynomial expansion in Morse coordinates for the bond stretches and even powers of the angle bend, has been refined by least squares to fit simultaneously all observed data on the Σ and Π state vibrational energies, and the Σ state rotational constants, for both HCN and DCN. The observed vibrational energies are fitted to roughly ±0.5 cm−1, and the rotational constants to roughly ±0.0001 cm−1. The force field has been used to predict the vibration rotation spectra of many isotopomers of HCN up to 25 000 cm−1. The results are consistent with the axis‐switching assignments of some weak overtone bands reported recently by Jonas, Yang, and Wodtke, and they also fit and provide the assignment for recent observations by Romanini and Lehmann of very weak absorption bands above 20 000 cm−1.

Solar induced climate effects

Solar electromagnetic radiation powers Earth’s climate system and, consequently, it is often naively assumed that changes in this solar output must be responsible for changes in Earth’s climate. However, the Sun is close to a blackbody radiator and so emits according to its surface temperature and the huge thermal time constant of the outer part of the Sun limits the variability in surface temperature and hence output. As a result, on all timescales of interest, changes in total power output are limited to small changes in effective surface temperature (associated with magnetic fields) and potential, although as yet undetected, solar radius variations. Larger variations are seen in the UV part of the spectrum which is emitted from the lower solar atmosphere (the chromosphere) and which influences Earth’s stratosphere. There is interest in“top-down” mechanisms whereby solar UV irradiance modulates stratospheric temperatures and winds which, in turn, may influence the underlying troposphere where Earth’s climate and weather reside. This contrasts with “bottom-up” effects in which the small total solar irradiance (dominated by the visible and near-IR) variations cause surface temperature changes which drive atmospheric circulations. In addition to these electromagnetic outputs, the Sun modulates energetic particle fluxes incident on the Earth. Solar Energetic Particles (SEP) are emitted by solar flares and from the shock fronts ahead of supersonic (and super-Alfvenic) ejections of material from the solar atmosphere. These SEPs enhance the destruction of polar stratospheric ozone which could be an additional form of top-down climate forcing. Even more energetic are Galactic Cosmic Rays (GCRs). These particles are not generated by the Sun, rather they originate at the shock fronts emanating from violent galactic events such as supernovae explosions; however, the expansion of the solar magnetic field into interplanetary space means that the Sun modulates the number of GCRs reaching Earth. These play a key role in enabling Earth’s global electric (thunderstorm) circuit and it has been proposed that they also modulate the formation of clouds. Both electromagnetic and corpuscular solar effects are known to vary over the solar magnetic cycle which is typically between 10 and 14 yrs in length (with an average close to 11 yrs). The solar magnetic field polarity at any one phase of one of these activity cycles is opposite to that at the same phase of the next cycle and this influences some phenomena, for example GCRs, which therefore show a 22 yr (“Hale”) cycle on average. Other phenomena, such as irradiance modulation, do not depend on the polarity of the magnetic field and so show only the basic 11-yr activity cycle. However, any effects on climate are much more significant for solar drifts over centennial timescales. This chapter discusses and evaluates potential effects on Earth’s climate system of variations in these solar inputs. Because of the great variety of proposed mechanisms, the wide range of timescales studied (from days to millennia) and the many debates (often triggered by the application of inadequate statistical methods), the literature on this subject is vast, complex, divergent and rapidly changing: consequently the number of references cited in this review is very large (yet still only a small fraction of the total).

The microwave spectrum of thietan-2,2,4,4-d4

The microwave spectrum for thietan-2,2,4,4-d4 is analysed in six of its lowest puckering states and up to J = 25. The close lying pairs of states of vp = 0/1, 2/3 and 4/5 are treated with a vibration-rotation hamiltonian which includes an off-diagonal coupling term in vp. Additional corrections to this coupling term in higher powers of the angular momentum operator are derived and their importance for improving the fit of calculated to observed data is tested. The variation of the centrifugal distortion constants with vp follows the model of Creswell and Mills (1974, J. molec. Spectrosc., 52, 392). A value is determined for the derivative with respect to the puckering coordinate of the ac-component of the inverse moment of inertia tensor.

The importance of temperature and moisture to the egg-laying behaviour of a pest slug, Deroceras reticulatum

Oviposition behaviour is important when modelling the population dynamics of many invertebrates. The numbers of eggs laid are frequently used to describe fecundity, but this measure may differ significantly from realised fecundity. Oviposition has been shown to be important when describing the dynamics of slug populations, which are important agricultural pests. The numbers of eggs laid by Deroceras reticulatum and their viability were measured across a range of 16 temperature (4, 10, 15 and 23 degrees C) by moisture (33%, 42%, 53% and 58% by dry soil weight) experimental combinations. A fitted quadratic response surface model was used to estimate how D. reticulatum adjusted its egg laying to the surrounding temperature and moisture conditions, with most eggs being laid at a combination of 53% soil moisture and 18 degrees C. The number and proportion of viable eggs also covaried with temperature and moisture, suggesting that D. reticulatum may alter their investment in reproduction to maximise their fitness. We have shown that the number of viable eggs differs from the total number of eggs laid by D. reticulatum. Changes in egg viability with temperature and moisture may also be seen in other species and should be considered when modelling populations of egg-laying invertebrates.

Apical leaf necrosis as a defence mechanism against pathogen attack: effects of high nutrient availability on onset and rate of necrosis

An outdoor experiment was conducted to increase understanding of apical leaf necrosis in the presence of pathogen infection. Holcus lanatus seeds and Puccinia coronata spores were collected from two adjacent and otherwise similar habitats with differing long-term N fertilization levels. After inoculation, disease and necrosis dynamics were observed during the plant growing seasons of 2003 and 2006. In both years high nutrient availability resulted in earlier disease onset, a higher pathogen population growth rate, earlier physiological apical leaf necrosis onset and a reduced time between disease onset and apical leaf necrosis onset. Necrosis rate was shown to be independent of nutrient availability. The results showed that in these nutrient-rich habitats H. lanatus plants adopted necrosis mechanisms which wasted more nutrients. There was some indication that these necrosis mechanisms were subject to local selection pressures, but these results were not conclusive. The findings of this study are consistent with apical leaf necrosis being an evolved defence mechanism.

The engineer under FDIC's conditions of contract for construction

FIDIC has over the years produced standard forms of contracts for the international procurement of projects. A source of continuing criticism of its Red Book concerns the duality in the traditional role of the engineer as the employer's agent and as an independent third party holding the balance fairly between the employer and the contractor. In response to this and other criticisms FIDIC produced a replacement for it in 1999. The role of the engineer under the new Red Book is critically examined in the light of relevant case law, expert commentaries and feedback from two multidisciplinary workshops with international participation. The examination identified three major changes: (1) a duty to act impartially has been replaced by a duty to make fair determination of certain matters; (2) it is open to parties to allow greater control of the engineer by the employer by stating in the appropriate part of the contract powers the engineer must not exercise without the employer's approval; (3) there is provision for a Dispute Adjudication Board (DAB) to which disputes may be referred. Although the duality has not been eliminated completely, the contract is structured flexibly enough to support those who wish to contract on the basis of the engineer acting solely as the agent of the employer.