Análisis del dictamen No. 023-10-DTI-CC de la Corte Constitucional para el período de transición referente al “Tratado entre la República del Ecuador y la República Federal de Alemania sobre fomento y recíproca protección de inversiones de capital”: (Caso No. 0006-10-TI) [Jurisprudencia]

El presente trabajo analiza de manera crítica el pronunciamiento de la Corte Constitucional para el Período de Transición respecto al control constitucional de las denuncias de tratados bilaterales de inversiones de capital, tomando como caso de estudio el instrumento internacional suscrito entre Ecuador y Alemania, en el cual bajo una corriente constitucionalista, la Corte somete al crisol de la contradicción el contenido del Tratado Internacional con la normativa constitucional vigente. En aquel sentido, analizaremos cómo, a través de este polémico dictamen, se inicia una línea jurisprudencial en la que se configuran temas controversiales como el denominado control automático de constitucionalidad, y, el debate respecto a la soberanía estatal en cuanto al no sometimiento del Ecuador a arbitrajes comerciales internacionales en asuntos de índole comercial.

Beyond retrenchment over Iran: can the EU offer a framework for regional security? CEPS Commentary, 3 September 2012

A new and far-reaching round of sanctions imposed recently on Iran by the EU is starting to hurt the country, its economy and its citizens. Yet Iran’s leadership seems deaf to demands for international weapons inspectors to be allowed unhindered access to its nuclear enrichment facilities. With a regime that is not likely to sway to international and domestic pressure, and in view of the shifting strategic landscape in the Middle East, the question is whether the twin-track approach of sanctions and diplomacy should be kept up, or whether it should make way for an alternative set of policies that could preserve the fragile stability in the wider Middle East and turn a vicious circle into a virtuous one. In this new Commentary, CEPS Senior Research Fellow Steven Blockmans argues that the High Representative of the EU for Foreign Affairs and Security Policy, supported by the European External Action Service, is in a good position to offer a negotiated way out of this seemingly intractable situation.

Does the Stockholm Programme matter? The struggles over ownership of AFSJ multiannual programming. CEPS Paper in Liberty and Security No. 51/December 2012

Does the 2009 Stockholm Programme matter? This paper addresses the controversies experienced at EU institutional levels as to ‘who’ should have ownership of the contours of the EU’s policy and legislative multiannual programming in the Area of Freedom, Security and Justice (AFSJ) in a post-Lisbon Treaty landscape. It examines the struggles around the third multiannual programme on the AFSJ, i.e. the Stockholm Programme, and the dilemmas affecting its implementation. The latest affair to emerge relates to the lack of fulfilment by the European Commission of the commitment to provide a mid-term evaluation of the Stockholm Programme’s implementation by mid-2012, as requested by both the Council and the European Parliament. This paper shifts the focus to a broader perspective and raises the following questions: Is the Stockholm Programme actually relevant? What do the discussions behind its implementation tell us about the new institutional dynamics affecting European integration on the AFSJ? Does the EU actually need a new (post- Stockholm) multiannual programme for the period 2015–20? And last, what role should the EP play in legislative and policy programming in order to further strengthen the democratic accountability and legitimacy of the EU’s AFSJ?

Ice supersaturation in the ECMWF integrated forecast system

A parametrization for ice supersaturation is introduced into the ECMWF Integrated Forecast System (IFS), compatible with the cloud scheme that allows partial cloud coverage. It is based on the simple, but often justifiable, diagnostic assumption that the ice nucleation and subsequent depositional growth time-scales are short compared to the model time step, thus supersaturation is only permitted in the clear-sky portion of the grid cell. Results from model integrations using the new scheme are presented, which is demonstrated to increase upper-tropospheric humidity, decrease high-level cloud cover and, to a much lesser extent, cloud ice amounts, all as expected from simple arguments. Evaluation of the relative distribution of supersaturated humidity amounts shows good agreement with the observed climatology derived from in situ aircraft observations. With the new scheme, the global distribution of frequency of occurrence of supersaturated regions compares well with remotely sensed microwave limb sounder (MLS) data, with the most marked errors of underprediction occurring in regions where the model is known to underpredict deep convection. Finally, it is also demonstrated that the new scheme leads to improved predictions of permanent contrail cloud over southern England, which indirectly implies upper-tropospheric humidity fields are better represented for this region.

Impact of Tibetan Orography and Heating on the Summer Flow over Asia

The influence on the summer flow over Asia of both the orographic and thermal forcing of the Tibetan Plateau is investigated using a sequence of idealised experiments with a global primitive equation model. The zonally averaged flow is prescribed and both realistic and idealised orography and heating are used. There is some similarity between the responses to the two forcings when applied separately. The upper tropospheric Tibetan anticyclone is predominantly forced by the heating but also weakly by the orography. Below this, both forcings tend to give air descending in an equatorward anticyclonic circulation down the isentropes to the west and rising in a similar poleward circulation to the east. However the heating-only response has a strong ascending southwesterly flow that is guided around the south and south-east of the orography when it is included. On the northern side, the westerly flow over the orography gives ascent on the upslope and descent on the downslope. It is found that heating over the Plateau leads to a potential vorticity (PV) minimum and that if it is sufficiently strong the flow is unstable, producing a quasi-biweekly oscillation. During this oscillation the Tibetan anticyclone changes between a single centre over the southwestern side of the Plateau and a split/double structure with centres over China and the Middle East. These characteristics are similar to observed variability in the region. Associated with this quasi-biweekly oscillation are significant variations in the strength of the ascent over the Plateau and the Rossby wave pattern over the North Pacific. The origin of the variability is instability associated with the zonally extended potential vorticity PV minimum on a θ-surface, as proposed by Hsu and Plumb (2000). This minimum is due to the tendency to reduce the PV above the heating over the Plateau and to advection by the consequent anticyclone of high PV around from the east and low PV to the west. The deep convection to the south and southeast of the Plateau tends to suppress the quasi-biweekly oscillation because the low PV produced above it acts to reduce the meridional PV gradient reversal. The occurrence of the oscillation depends on the relative magnitude of the heating in the two regions.

Deep Convective System Evolution over Africa and the Tropical Atlantic

In the tropical African and neighboring Atlantic region there is a strong contrast in the properties of deep convection between land and ocean. Here, satellite radar observations are used to produce a composite picture of the life cycle of convection in these two regions. Estimates of the broadband thermal flux from the geostationary Meteosat-8 satellite are used to identify and track organized convective systems over their life cycle. The evolution of the system size and vertical extent are used to define five life cycle stages (warm and cold developing, mature, cold and warm dissipating), providing the basis for the composite analysis of the system evolution. The tracked systems are matched to overpasses of the Tropical Rainfall Measuring Mission satellite, and a composite picture of the evolution of various radar and lightning characteristics is built up. The results suggest a fundamental difference in the convective life cycle between land and ocean. African storms evolve from convectively active systems with frequent lightning in their developing stages to more stratiform conditions as they dissipate. Over the Atlantic, the convective fraction remains essentially constant into the dissipating stages, and lightning occurrence peaks late in the life cycle. This behavior is consistent with differences in convective sustainability in land and ocean regions as proposed in previous studies. The area expansion rate during the developing stages of convection is used to provide an estimate of the intensity of convection. Reasonable correlations are found between this index and the convective system lifetime, size, and depth.

A case study of boundary layer ventilation by convection and coastal processes

It is often assumed that ventilation of the atmospheric boundary layer is weak in the absence of fronts, but is this always true? In this paper we investigate the processes responsible for ventilation of the atmospheric boundary layer during a nonfrontal day that occurred on 9 May 2005 using the UK Met Office Unified Model. Pollution sources are represented by the constant emission of a passive tracer everywhere over land. The ventilation processes observed include shallow convection, turbulent mixing followed by large-scale ascent, a sea breeze circulation and coastal outflow. Vertical distributions of tracer are validated qualitatively with AMPEP (Aircraft Measurement of chemical Processing Export fluxes of Pollutants over the UK) CO aircraft measurements and are shown to agree impressively well. Budget calculations of tracers are performed in order to determine the relative importance of these ventilation processes. Coastal outflow and the sea breeze circulation were found to ventilate 26% of the boundary layer tracer by sunset of which 2% was above 2 km. A combination of coastal outflow, the sea breeze circulation, turbulent mixing and large-scale ascent ventilated 46% of the boundary layer tracer, of which 10% was above 2 km. Finally, coastal outflow, the sea breeze circulation, turbulent mixing, large-scale ascent and shallow convection together ventilated 52% of the tracer into the free troposphere, of which 26% was above 2 km. Hence this study shows that significant ventilation of the boundary layer can occur in the absence of fronts (and thus during high-pressure events). Turbulent mixing and convection processes can double the amount of pollution ventilated from the boundary layer.