Cross-Border Insolvency Law

This new work provides a comprehensive and theoretically rich discussion of the law on cross-border insolvency. It engages with several current multi-billion dollar insolvencies such as those of Nortel Networks and Lehman Brothers to provide the reader with state of the art knowledge of the complex problems posed by transnational insolvency. As the number of transnational insolvencies grows due to prevailing economic conditions, practitioners are increasingly required to navigate the mass of legal rules applicable to cross-border insolvency situations. The associated challenges are heightened by the diversity of legal structures employed by modern business entities and a patchwork of costly, inefficient, and unpredictable national legal rules. The response has been a proliferation of international legal instruments such as the UNCITRAL Model Law and the the EU Insolvency Regulation, supplemented by judicial practice, adding further layers of complexity. Writing from an Australian perspective, the authors analyse this network of legal rules and subsequent case law. In addition, they explain the theoretical underpinnings of these rules in an accessible manner to build a solid foundation for practice, facilitate advanced reasoning, and enable the development of sophisticated arguments for law reform. Comparative case law from jurisdictions such as the United States and United Kingdom is also included. This book is highly relevant to insolvency practitioners faced with the recovery of assets located in different jurisdictions, transactional lawyers for whom knowledge of potential insolvency pitfalls is essential, and academics. It is invaluable for students at both undergraduate and postgraduate level seeking a sound understanding of this challenging area of law.

Effects of environmental heat on conception rates in lactating dairy cows: Critical periods of exposure

Environmental heat can reduce conception rates (the proportion of services that result in pregnancy) in lactating dairy cows. The study objectives were to identify periods of exposure relative to the service date in which environmental heat is most closely associated with conception rates, and to assess whether the total time cows are exposed to high environmental heat within each 24-h period is more closely associated with conception rates than is the maximum environmental heat for each 24-h period. A retrospective observational study was conducted in 25 predominantly Holstein-Friesian commercial dairy herds located in Australia. Associations between weather and conception rates were assessed using 16,878 services performed over a 21-mo period. Services were classified as successful based on rectal palpation. Two measures of heat load were defined for each 24-h period: the maximum temperature-humidity index (THI) for the period, and the number of hours in the 24-h period when the THI was >72. Conception rates were reduced when cows were exposed to a high heat load from the day of service to 6 d after service, and in wk -1. Heat loads in wk -3 to -5 were also associated with reduced conception rates. Thus, management interventions to ameliorate the effects of heat load on conception rates should be implemented at least 5 wk before anticipated service and should continue until at least 1 wk after service. High autocorrelations existed between successive daily values in both measures, and associations between day of heat load relative to service day and conception rates differed substantially when ridge regression was used to account for this autocorrelation. This indicates that when assessing the effects of heat load on conception rates, the autocorrelation in heat load between days should be accounted for in analyses. The results suggest that either weekly averages or totals summarizing the daily heat load are adequate to describe heat load when assessing effects on conception rates in lactating dairy cows.

CFD Analysis of conjugate natural convection in a vertical annulus

Conjugate natural convection in a vertical annulus with a centrally located vertical heat generating rod is studied numerically. The governing equations are discretized on a staggered mesh and are solved using a pressure-correction algorithm. A parametric study is performed by varying the Grashof number, aspect ratio, and the solid-to-fluid thermal conductivity ratio over wide ranges with the Prandtl number fixed at 0.7. Results are presented for the variation of several quantities of interest such as the local Nusselt numbers on the inner and outer boundaries, the axial variation of the centerline and interface temperatures, maximum solid, average solid and average interface temperature variations with Grashof number, and the average Nusselt number variation for the inner and outer boundaries with Grashof number. The average Nusselt number from the conjugate analysis is found to be between the Nusselt numbers of the isothermal and the isoflux cases. The average Nusselt numbers on the inner and outer boundaries show an increasing trend with the Grashof number. Correlations are presented for the Nusselt number and the dimensionless temperatures of interest in terms of the parameters of the problem.

Indian Ocean sea surface salinity variations in a coupled model

The variability of the sea surface salinity (SSS) in the Indian Ocean is studied using a 100-year control simulation of the Community Climate System Model (CCSM 2.0). The monsoon-driven seasonal SSS pattern in the Indian Ocean, marked by low salinity in the east and high salinity in the west, is captured by the model. The model overestimates runoff int the Bay of Bengal due to higher rainfall over the Himalayan-Tibetan regions which drain into the Bay of Bengal through Ganga-Brahmaputra rivers. The outflow of low-salinity water from the Bay of Bengal is to strong in the model. Consequently, the model Indian Ocean SSS is about 1 less than that seen in the climatology. The seasonal Indian Ocean salt balance obtained from the model is consistent with the analysis from climatological data sets. During summer, the large freshwater input into the Bay of Bengal and its redistribution decide the spatial pattern of salinity tendency. During winter, horizontal advection is the dominant contributor to the tendency term. The interannual variability of the SSS in the Indian Ocean is about five times larger than that in coupled model simulations of the North Atlantic Ocean. Regions of large interannual standard deviations are located near river mouths in the Bay of Bengal and in the eastern equatorial Indian Ocean. Both freshwater input into the ocean and advection of this anomalous flux are responsible for the generation of these anomalies. The model simulates 20 significant Indian Ocean Dipole (IOD) events and during IOD years large salinity anomalies appear in the equatorial Indian Ocean. The anomalies exist as two zonal bands: negative salinity anomalies to the north of the equator and positive to the south. The SSS anomalies for the years in which IOD is not present and for ENSO years are much weaker than during IOD years. Significant interannual SSS anomalies appear in the Indian Ocean only during IOD years.

Weed species richness, density and relative abundance on farms in the subtropical grain region of Australia

Weed management is one of the most important economic and agronomic issues facing farmers in Australia's grain regions. Weed species occurrence and abundance was monitored between 1997 and 2000 on 46 paddocks (sites) across 18 commercial farms located in the Northern Grain Region. The sites generally fell within 4 disjunct regions, from south to north: Liverpool Plains, Moree, Goondiwindi and Kingaroy. While high species richness was found (139 species or species groups), only 8 species occurred in all 4 regions and many (56 species) only occurred at 1 site or region. No species were observed at every site but 7 species (Sonchus spp., Avena spp., Conyza spp., Echinochloa spp., Convolvulus erubescens, Phalaris spp. and Lactuca serriola) were recorded on more than 70% of sites. The average number of species observed within crops after treatment and before harvest was less than 13. Species richness tended to be higher in winter pulse crops, cotton and in fallows, but overall was similar at the different sampling seasons (summer v. winter). Separate species assemblages associated with the Goondiwindi and Kingaroy regions were identified by correspondence analysis but these appeared to form no logical functional group. The species richness and density was generally low, demonstrating that farmers are managing weed populations effectively in both summer and winter cropping phases. Despite the apparent adoption of conservation tillage, an increase in opportunity cropping and the diversity of crops grown (13) there was no obvious effect of management practices on weed species richness or relative abundance. Avena spp. and Sonchus spp. were 2 of the most dominant weeds, particularly in central and southern latitudes of the region; Amaranthus spp. and Raphanus raphanistrum were the most abundant species in the northern part of the region. The ubiquity of these and other species shows that continued vigilance is required to suppress weeds as a management issue.

Traffic and nucleation events as main sources of ultrafine particles in high-insolation developed world cities

Road traffic emissions are often considered the main source of ultrafine particles (UFP, diameter smaller than 100 nm) in urban environments. However, recent studies worldwide have shown that - in high-insolation urban regions at least - new particle formation events can also contribute to UFP. In order to quantify such events we systematically studied three cities located in predominantly sunny environments: Barcelona (Spain), Madrid (Spain) and Brisbane (Australia). Three long term datasets (1-2 years) of fine and ultrafine particle number size distributions (measured by SMPS, Scanning Mobility Particle Sizer) were analysed. Compared to total particle number concentrations, aerosol size distributions offer far more information on the type, origin and atmospheric evolution of the particles. By applying k-Means clustering analysis, we categorized the collected aerosol size distributions in three main categories: “Traffic” (prevailing 44-63% of the time), “Nucleation” (14-19%) and “Background pollution and Specific cases” (7-22%). Measurements from Rome (Italy) and Los Angeles (California) were also included to complement the study. The daily variation of the average UFP concentrations for a typical nucleation day at each site revealed a similar pattern for all cities, with three distinct particle bursts. A morning and an evening spike reflected traffic rush hours, whereas a third one at midday showed nucleation events. The photochemically nucleated particles burst lasted 1-4 hours, reaching sizes of 30-40 nm. On average, the occurrence of particle size spectra dominated by nucleation events was 16% of the time, showing the importance of this process as a source of UFP in urban environments exposed to high solar radiation. On average, nucleation events lasting for 2 hours or more occurred on 55% of the days, this extending to >4hrs in 28% of the days, demonstrating that atmospheric conditions in urban environments are not favourable to the growth of photochemically nucleated particles. In summary, although traffic remains the main source of UFP in urban areas, in developed countries with high insolation urban nucleation events are also a main source of UFP. If traffic-related particle concentrations are reduced in the future, nucleation events will likely increase in urban areas, due to the reduced urban condensation sinks.

Is night-time wind direction important to best practice wild dog trapping and baiting?

We discovered a significant bias for wild dog scent station spoor (scats and scratches) to be positioned on the north-easterly side of roads and intersections. Counts of this spoor, 50 metres in each direction of north-south and east-west intersections were made in state forests near Roma in southwest Queensland, Cecil Plains on the Darling Downs and Maryborough on the coast during mating season in April/May 2007. While 51% of 190 and 83% of 120 scent station spoor were located on the north-eastern sector of the intersections at Cecil Plains and Roma respectively, spoor were more evenly distributed across all four sectors at Maryborough (n=47).

Are we focussing wild dog control the wrong time of the year and going about it the wrong way?

Our evaluation of the predation of calves by wild dogs in the 1990s found that the number of calves killed and frequency of years that calf losses occurred, is higher in baited areas compared to adjoining, non-baited areas of similar size. Calf losses were highest with poor seasonal conditions, low prey numbers and where baited areas were re-colonised by wild dogs soon after baiting. We monitored wild dog “activity” before and after 35 baiting programs in southwest, central west and far north Queensland between 1994 and 2006 and found change in activity depends on the timing of the baiting. Baiting programs conducted between October and April show an increase in dog activity post-baiting (average increase of 219.1%, SEM 100.9, n=9, for programs conducted in October and November; an increase of 82.5%, SEM 54.5, n=7 for programs conducted in March and April; and a decrease in activity of 46.5%, SEM 10.2, n=19 for programs conducted between May and September). We monitored the seasonal activity and dispersal of wild dogs fitted with satellite transmitters 2006 to present. We have found that: • Activity of breeding males and females, whilst rearing and nurturing pups, is focussed around the den between July to September and away from areas of human activity. Activity of breeding groups appears to avoid locations of human activity until juveniles become independent (around late November). • While independent and solitary yearlings often have unstable, elliptically-shaped territories in less favourable areas, members of breeding groups have territories that appear seasonally stable and circular located in more favourable habitats. • Extra-territorial forays of solitary yearlings can be huge, in excess of 200 km. The largest forays we have monitored have occurred when the activity of pack members is focussed around rearing pups and juveniles (August to November). • Where wild dogs have dispersed or had significant territorial expansion, it has occurred within days of baiting programs and onto recently baited properties. • The wild dogs we have tracked have followed netting barrier fences for hundreds of kilometres and lived adjacent to or bypassed numerous grids in the barrier. Based on these studies, we conclude that a proportion of the perceived decline in dog activity between May and September, post baiting, is due to a decline in dog activity in areas associated with human activity. The increase in dog activity post-baiting between October and May (and increased calf predation on baited properties) is likely caused by wild dogs dispersing (juveniles and yearlings) or expanding (adults) their territory into baited, now ‘vacant’, areas. We hypothesise that baiting programs should be focussed in summer and autumn commencing late November as soon as juveniles become independent of adults. We also hypothesise that instead of large, annual or semi-annual baiting programs, laying the same number of baits over 4-6 weeks may be more effective. These hypotheses need to be tested through an adaptive management project.

Structuring of Indo-Pacific fish assemblages along the mangrove-seagrass continuum

Indo-Pacific mangrove swamps and seagrass beds are commonly located in close proximity to each other, often creating complex ecosystems linked by biological and physical processes. Although they are thought to provide important nursery habitats for fish, only limited information exists about their usage by fish outside of estuaries. The present study investigated fish assemblages in non-estuarine intertidal habitats where mangroves and seagrass overlap (the mangrove-seagrass continuum). Three habitats (mangrove, mangrove edge, seagrass) were sampled at 4 sites of the Wakatobi Marine National Park, Indonesia, using underwater visual census. Ninety-one species of fish were observed at a mean density of 130.1 +/- 37.2 ind. 1000 m(-2). Predatory fish (fish that feed on invertebrates and/or fish) were the most dominant feeding groups in the mangroves, whilst omnivores dominated on the mangrove edge and in the seagrass. Although the habitats along the mangrove-seagrass continuum were observed to be important for many fish, only 22 of the 942 coral reef species known within the area utilised mangroves as nursery habitat and only 15 utilised seagrass. Despite finding evidence that nursery grounds in mangroves and seagrass may not directly support high coral reef fish diversity, many of the coral reef nursery species found in this study are likely to be key herbivores or apex predators as adult fish on local coral reefs, and thus highly important to local fisheries. Although mangroves are not permanently inundated by the tide, this study highlights their importance as fish habitats, which at high tide support a greater abundance of fish than seagrass beds. In the light of the high rate of destruction of these habitats, their role in supporting fish assemblages requires consideration in marine resource management programs.

Mediapolulla - Kasvatustieteellistä ja teknisen alan osaamista yhdistämässä : Opiskelijoiden yhteistyö ja oppiminen tieto- ja viestintätekniikkaprojektissa

The study concentrated on interdisciplinary teamwork of students in Helsinki University Department of Education and Helsinki University of Technology. Students worked in small interdisciplinary groups (n 12) to plan and teach in an information- and communication technology (ICT) club in elementary schools. The focus of the study was co-operation in the student groups and students learning experiences. Theoretical background of the study consists of theories of collaboration and socially shared cognition. Study was an qualitative case study and the data was collected with individual focus interviews and learning diaries. The data was categorised and the connections between categories were analysed with a table. Shared cognition appeared as a form of distribution of tasks and in the actual processes of shared expertise. The tasks were shared according to students expertise. Processes of shared expertise were joint knowledge building, integration of interests, awareness and exploitation of others expertise and allowing freedom for others to use their expertise. Additionally expression of ones own views and setting an example to others were one sided sharing of expertise. Students of technology were responsible of technical issues and the responsibility sphere of educational science students was more fragmented. For instance they concentrated in taking children s abilities into consideration. The sphere of shared cognition included also the need for tutoring and learning from others. Usually students did not directly learn from representative of other discipline, instead the learning for instance of social skills happened indirectly. Learning was fostered if learning was set as a goal and prevented if the differences in expertise were too minor. Sharing of cognition was prevented if co-operation was too problematic. Co-operation was usually successful. Good planning, good person chemistry and appreciation of expertise of others promoted success. Problems caused by different backgrounds were usually slight. Successful interaction was complementary and equal. Groups were usually able to circumvent problems in communication and use of justification in discussion promoted co-operation. When comparing the groups in the scope of the study, two were found to be notably opposed and the other groups located between these extreme cases, but the elements of success prevailed. Learning experiences concentrated on social skills, project management, school world and ICT. Essential was achieved field experience and observation of ones own capabilities. In organisation of student interdisciplinary co-operation is important to ensure sufficient differences in expertise and guide students to gain complementary interaction and appropriate setting of goals. Interdisciplinary field project prepared students to face the demands of

Keskustelu yliopiston uudesta palkkausjärjestelmästä - akateemisten arvojen murtaja vai toiveiden täyttäjä?

There has been a change in university´s position in society during the last of decades from traditional university to result-based university. Result-based is considered as a steering mechanism. The context in this study is the period when the New Salary System was introduced. In the New Salary System salary is based on the performance appraisal made by the supervisor. The purpose of the study was to understand the discussion of the New Salary System and how this discussion should be interpreted. The research task had two parts. In the first part the objective was to identify how the academic work was conceptualised. In the second part I analyzed how one related to the New Salary System and how this was interpreted in relation to representation of academic work. The research material consisted of webblogs from the year 2005. Webblogs were located in the internet and one had free access to them. Mostly employees from Finnish universities wrote to them. Besides the salary system writers discussed the university and the academic work. Two different ways of talking about the academic work were found in research material. In the first one the academic work was based on community and in the second one on individuality. When community was emphasized writers discussed also science and research and academic traditions such as peer review. When individuality was emphasized writers discussed individual performance and the importance of salary according to one´s performance. The analysis shows that the New Salary System was opposed and supported. Opposition was based on arguments for the traditional university; peer review, truth, academic profession, academic community and university’s autonomy are the most important arguments. Supporters used arguments such as the need to make individual´s performance visible and breaking the existing power structures.

A novel conformation of valinomycin in its barium complex

Knowledge of the molecular mechanisms involved in ionophore-mediated cation transport would be valuable for under-standing many essential functions of biological membranes1−3. Cations are transported in several stages, such as formation of the ionophore−cation complex, diffusion across the cell membrane and subsequent release of the cation. Several conformational rearrangements are involved in this process, and so a detailed understanding of all the conformational possibilities of the ionophore seems to be essential for elucidating the molecular mechanism of ion transport. We are carrying out spectroscopic and crystallographic studies to explore the possible conformational stages of ionophores by complexing them, in different solvents, with cations of various sizes and charges. We report here a novel conformation of the ionophore valinomycin in its barium complex. It can be described as an extended depsipeptide chain, without internal hydrogen bonds, wound in the form of an ellipse with the two barium ions located at the foci.

Resistance to root-lesion nematodes (Pratylenchus thornei and P-neglectus) in synthetic hexaploid wheats and their durum and Aegilops tauschii parents.

Root-lesion nematodes (Pratylenchus thornei Sher and Allen and P. neglectus (Rensch) Filipijev and Schuurmans Stekhoven) cause substantial yield loss to wheat crops in the northern grain region of Australia. Resistance to P. thornei for use in wheat breeding programs was sought among synthetic hexaploid wheats (2n= 6x = 42, AABBDD) produced through hybridisations of Triticum turgidum L. subsp. durum (Desf.) Husn (2n= 4x = 28, AABB) with Aegilops tauschii Coss. (2n= 2x = 14, DD). Resistance was determined for the synthetic hexaploid wheats and their durum and Ae. tauschii parents from the numbers of nematodes in the roots of plants grown for 16 weeks in pots of pasteurised soil inoculated with P. thornei. Fifty-nine (32%) of 186 accessions of synthetic hexaploid wheats had lower numbers of nematodes than Gatcher Selection 50a (GS50a), a partially resistant bread wheat. Greater frequencies of partial resistance were present in the durum parents (72% of 39 lines having lower nematode numbers than GS50a) and in the Ae. tauschii parents (55% of 53 lines). The 59 synthetic hexaploids were re-tested in a second experiment along with their parents. In a third experiment, 11 resistant synthetic hexaploid wheats and their F-1 hybrids with Janz, a susceptible bread wheat, were tested and the F(1)s were found to give nematode counts intermediate between the respective two parents. Synthetic hexaploid wheats with higher levels of resistance resulted from hybridisations where both the durum and Ae. tauschii parents were partially resistant, rather than where only one parent was partially resistant. These results suggest that resistance to P. thornei in synthetic hexaploid wheats is polygenic, with resistances located both in the D genome from Ae. tauschii and in the A and/or B genomes from durum. Five synthetic hexaploid wheats were selected for further study on the basis of (1) a high level of resistance to P. thornei of the synthetic hexaploid wheats and of both their durum and Ae. tauschii parents, (2) being representative of both Australian and CIMMYT (International Maize and Wheat Improvement Centre) durums, and (3) being representative of the morphological subspecies and varieties of Ae. tauschii. These 5 synthetic hexaploid wheats were also shown to be resistant to P. neglectus, whereas GS50a and 2 P. thornei-resistant derivatives were quite susceptible. Results of P. thornei resistance of F(1)s and F(2)s from a half diallel of these 5 synthetic hexaploid wheats, GS50a, and Janz from another study indicate polygenic additive resistance and better general combining ability for the synthetic hexaploid wheats than for GS50a. Published molecular marker studies on a doubled haploid population between the synthetic hexaploid wheat with best general combining ability (CPI133872) and Janz have shown quantitative trait loci for resistance located in all 3 genomes. Synthetic hexaploid wheats offer a convenient way of introgressing new resistances to P. thornei and P. neglectus from both durum and Ae. tauschii into commercial bread wheats.

Understanding coal seam gas associated water, regulations and strategies for treatment

The coal seam gas (CSG) industry is globally of potentially great importance economically. This study exemplifies the complex relationship between land use and management, groundwater impact and associated water treatment especially in relation to Queensland where a significant increase in the amount of gas extracted over the past 6 years has occurred. In order to effectively manage the environmental impact of the CSG industry it is necessary to appropriately understand the nature of the gas deposits, methods for gas collection, the physicochemical composition of the by-product associated water and the technologies available for water remediation. Australia is mainly considered arid and semi-arid and thus there is a need to not only beneficially reuse water resources but also protect existing ground water reservoirs such as the Great Artesian Basin (GAB). This paper focussed primarily on the Surat Basin located in Queensland and northern New South Wales. The mechanism for CSG formation, relation to local geological features, extraction approach and the potential impact/benefits of associated water was discussed. An outline of the current legislative requirements on physical and chemical properties of associated water in the Surat Basin was also provided, as well as the current treatment technologies used by the major CSG companies. This review was of significance in relation to the formulation of the most appropriate and cost effective management of associated water, while simultaneously preserving existing water resources and the environment.

Estimating cell diffusivity and cell proliferation rate by interpreting IncuCyte ZOOM™ assay data using the Fisher-Kolmogorov model

Background: Standard methods for quantifying IncuCyte ZOOM™ assays involve measurements that quantify how rapidly the initially-vacant area becomes re-colonised with cells as a function of time. Unfortunately, these measurements give no insight into the details of the cellular-level mechanisms acting to close the initially-vacant area. We provide an alternative method enabling us to quantify the role of cell motility and cell proliferation separately. To achieve this we calibrate standard data available from IncuCyte ZOOM™ images to the solution of the Fisher-Kolmogorov model. Results: The Fisher-Kolmogorov model is a reaction-diffusion equation that has been used to describe collective cell spreading driven by cell migration, characterised by a cell diffusivity, D, and carrying capacity limited proliferation with proliferation rate, λ, and carrying capacity density, K. By analysing temporal changes in cell density in several subregions located well-behind the initial position of the leading edge we estimate λ and K. Given these estimates, we then apply automatic leading edge detection algorithms to the images produced by the IncuCyte ZOOM™ assay and match this data with a numerical solution of the Fisher-Kolmogorov equation to provide an estimate of D. We demonstrate this method by applying it to interpret a suite of IncuCyte ZOOM™ assays using PC-3 prostate cancer cells and obtain estimates of D, λ and K. Comparing estimates of D, λ and K for a control assay with estimates of D, λ and K for assays where epidermal growth factor (EGF) is applied in varying concentrations confirms that EGF enhances the rate of scratch closure and that this stimulation is driven by an increase in D and λ, whereas K is relatively unaffected by EGF. Conclusions: Our approach for estimating D, λ and K from an IncuCyte ZOOM™ assay provides more detail about cellular-level behaviour than standard methods for analysing these assays. In particular, our approach can be used to quantify the balance of cell migration and cell proliferation and, as we demonstrate, allow us to quantify how the addition of growth factors affects these processes individually.