Article VII Research Articles

Peace vs. compliance in Antarctica: inspections and the environment

ABSTRACT Antarctica has long been a bastion of cooperation and good faith. It is the only continent governed by international Treaty. But what happens if good faith and cooperation are tested by bad environmental behavior… The Antarctic Treaty (1959) came into being during the Cold War and was the first of the Post WWII disarmament agreements. Article VII of the Treaty, which provides for inspections, is the verification clause allowing states to ensure compliance with the agreement. This article explores the evolving practice of inspections as environmental regulations were generated by the ATCM and later through the adoption and entry into force of the Protocol on Environmental Protection to the Antarctic Treaty in 1998. Since the earliest inspections, there has been tension between maintaining peace between States, which govern through consensus, and ensuring compliance with the provisions of the Treaty and the Protocol. Recent discussions at ATCMs have brought the role of inspections and compliance to the fore and provide insights into intentions and practice. It is not clear whether inspections are adequately highlighting areas where actions are in breach of the Treaty or the Protocol. The Treaty Parties also acknowledged that there are aspects of compliance that cannot readily be assessed by inspections. The general trend has been towards promoting compliance and transparency, but it does not appear that the legal structure is fully prepared for an event where values of goodwill and cooperation stumble.

Правила СОТ щодо митної вартості: деякі аспекти застосування

The present article provides the analyses of the main provision of the Agreement on Implementation of Article VII of GATT 1994, as well as the decisions of the WTO bodies that include its official interpretation, with the aim to define basic aspects of implementation of customs valuation rules at the national level. The subjects of review are such elements of the issue as: the procedure for realisation of customs authorities’ discretion, providing the explanation for decisions on customs value correction, ways of application of customs valuation databases, etc. The main factors that influence the effectives of implementation of customs valuation rules are also determined. The author comes to a conclusion that the question of applying the rules of determining the customs value, as well as the whole modern customs business, is a question of balance between the promotion of trade and the guarantee of security (including security of the financial interests of a state). At the same time, modern advanced experience of developed countries is ambiguous, since the measures of automation and acceleration of customs clearance do not guarantee an adequate level of counteraction to understatement of customs value. In developing the practice of applying the customs valuation rules in Ukraine, it should be taken into account the unfavorable current structure of government revenues, which creates an additional pressure on the customs, both political and corruption character. It should be countered by increasing transparency in this area and by ensuring effective control mechanisms. There is also a need to change the jurisprudence in questions of appeal judgements on adjusting customs value.

Customs Cooperation in the WTO: From Uruguay to Doha

From the Uruguay Round to the Doha Round, the issue of customs cooperation has been discussed in the World Trade Organization (WTO). Customs cooperation in the context of the WTO is mainly conducted in three dimensions: the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), customs valuation, and trade facilitation. Article 69 of the TRIPS provides for customs cooperation against trade in goods infringing intellectual property rights, particularly counterfeit trademark goods and pirated copyright goods. Customs cooperation under customs valuation deals with the truth or accuracy of the good’s declared value and is mainly inscribed in paragraph 8.3 of the Agreement on the Implementation of GATT Article VII and paragraph 12 of the Doha Ministerial Declaration. Article 12 of the Agreement on Trade Facilitation (TFA) sets forth comprehensive rules on customs cooperation. By examining the relevant WTO legal texts, this article contends that exchange of information is at the core of customs cooperation, and that reciprocity, due diligence, good faith, confidentiality are the central principles for exchange of information between customs authorities

Regulation status of quarantine pests of rice seeds in the economic community of west African states (ECOWAS)

The ever growing international trade has limited efforts towards the prevention of introduction, spread and establishment of invasive organisms. Non-native pests can cause severe loss of production and lead to restriction in exchange of genetic materials and seed marketing across regions. Regulating pests’ movement through quarantine measures and establishment of regional boards has been identified as a way to deal with introduction and expansion of invasive organisms. This review analyzes the different pest regulations in the West African sub-region with a specific focus on the implementation of quarantine measures in rice as a case study. The various regulations related to seed production, certification and marketing, and quarantine regulations in West Africa were analyzed and their enforcement and performance were assessed through comparison to international standards, especially the International Plant Protection Convention (IPPC). Although a regional regulation on seeds and phytosanitary measures has been elaborated, ECOWAS countries are still enforcing their national phytosanitary legislations, which are nearly the same in all West African countries - they all aim at ensuring plant health by applying preventive and curative measures to prevent the introduction and spread of pests in their territory by controlling the import and export of plant materials and disseminating appropriate pest management techniques to boost agricultural production. Most ECOWAS countries are yet to submit their phytosanitary legislation to IPPC to comply with Article VII.2i of the endorsed convention. In addition, the entry points are not well defined and provided to the IPPC according to the Article VII.2d of the convention. When the quarantine list is available, the organisms regulated for each crop species are not stated, posing a real problem not only for rice genetic resource exchanges for research purposes but also for rice seed trade. Efforts and resources should be devoted by each country to research on pests and regulatory mechanisms in order to define, among others, pest status in the region, and to update regularly the quarantine pests list in the West African region. Key words : Regulatory measures, quarantine pest, rice seed, harmonization, ECOWAS, IPPC

Eight New Articles for the New York Constitution

This essay discusses revision of thirteen articles among the twenty articles of the New York Constitution: article VII (State Finances), article VIII (Local Finances), article X (Corporations), article XI (Education), article XII (Defense), article XIII (Public Officers), article XIV (Conservation), article XV (Canals), article XVI (Taxation), article XVII (Social Welfare), article XVIII (Housing), article XIX (Amendments to Constitution), and article XX (When to Take Effect). One step of the proposed revision is to eliminate an article, among the aforementioned present articles, the subject of which is not wanted in a constitution. Example: Present article XVII (Social Welfare).Another step of the proposed revision, in relation to an article with a subject which is wanted in a constitution, but which has numerous sections, is to retain the few wanted sections, and to discard the unwanted sections. Example: present article XVI (Taxation), comprised of six sections, would be transformed into revised article XIII (Taxation), comprised of three sections.A third step is to retain some sections of two articles, each with a subject which is wanted in a constitution, to combine wanted sections into one new article, and to discard the unwanted sections. Example: present article X (Corporations), comprised of eight sections, and present article XI (Education), comprised of three sections, would become revised article VIII (Corporations), comprised of four sections.Summary: The thirteen present articles would be replaced by eight revised articles. About 22,000 words in the thirteen present articles would be replaced by about 3,000 words in the revised articles, a saving of about 19,000 words.Other essays about revision of the New York Constitution are:New Preamble and New Bill of Rights Article for the New York ConstitutionNew Suffrage Article for the New York ConstitutionNew Legislature Article for the New York ConstitutionNew Executive Article for the New York ConstitutionNew Officers and Civil Departments Article for the New York ConstitutionNew Judiciary Article for the New York ConstitutionNew Local Governments Article for the New York Constitution

TINJAUAN YURIDIS PENGENAAN BEA MASUK DAN PAJAK-PAJAK DALAM RANGKA IMPOR (PDRI) FILM IMPOR

Law No. 17 of 2006 on the amendment of Law No. 10 of 1995 on Customs has already accommodated the provisions of the Agreement on Implementation of Article VII of the GATT 1994. One of these provisions is a method that allowed the determination of the customs value rates. owever, in practice often a discrepancy between the rules and the implementation. There are some cases that arise, involving importers rights holders imports from trade associations (representatives of six producer fim Hollywood America (MPAA)), and after conducted audits of customs and excise discovered fact an indication that this time they do not include the value of royalties in the calculation of customs duties movies -film that they imported at the time of giving notice of imported goods and pay off the levies customs duties and taxes on import to the Customs and Excise office. The term goods or objects in the form of intangible objects, referring to the provisions of civil law can be in the form of copyright which there are royalties manufacturers to publish / distribute content using the film in the form of a roll of film, DVD, or other computer files. Movie content is the intellectual property rights of man in the form of cinematography, and with a certain economic value, can have implications for increasing the value of the object from the original object in the form of an empty movie becomes much more valuable after the content in cinematography.

Notice to GODORT Membership: Vote to Amend the GODORT Bylaws

At the GODORT General Membership meeting at the 2017 ALA Conference, the membership will be asked to vote on the following proposed additions (and amendments) to the current GODORT Bylaws. These would provide for a “Bylaws and Organization Coordinator.” This new officer would supplant the current Bylaws and Organization standing Committee and perform the current functions of the Committee, as defined in the GODORT Bylaws [Article XI. Amendments] and in Chapter 13 of the GODORT Policies and Procedures Manual. The underlined text will be added to Article IV (Officers), Section 1 and Section 8 [The current Section 8, which defines the GODORT Special Officers, will be re-numbered Section 9] and to Article VII (Executive Committee). Article IX (Policies and Procedures) and Article XI (Amendments), Sections 2 and 3 will need to be harmonized, to reflect substitution in the Bylaws of “Bylaws and Organization Coordinator” for references to the Bylaws Committee and Chair of the Bylaws Committee:

Gun Culture in Early Modern England. By Lois G. Schwoerer

In this wide-ranging and ambitious book, Lois G. Schwoerer attempts to establish the existence of a “gun culture” in early modern England. The various chapters cover a number of themes which together, on Schwoerer’s account, demonstrate not only that there was a gun culture on early modern England but also that this culture was a phenomenon of considerable importance. She stresses that the government attempted to restrict the possession and use of guns to the relatively wealthy after 1514, which produced a distinctively English gun culture. She argues that the employment of guns for military purposes increased interest in guns and their use among the population at large, suggesting that returning soldiers (and certainly their officers) transferred their knowledge of and enthusiasm for firearms into civilian life. Men, and to a lesser extent women, participated in the burgeoning firearms industry, and Schwoerer is especially interesting when tracing the struggle of The Worshipful Company of Gunmakers to achieve recognition as well as the development of the government’s Ordnance Office. She demonstrates how gunmaking and gunfounding in London developed into an industry which affected the capital’s topography and economy. She also makes original and interesting analyses of guns in contemporary portraiture, guns as an element in gift exchange, and the apparently widespread existence of toy or miniature guns as children’s playthings, which, Schwoerer suggests, modifies our perception of early modern childhood. The closing chapter develops some of the suggestions she made on Article VII of the 1689 Bill of Rights in her 1981 book on the Declaration of Rights. She argues here that Article VII took a very limited interpretation of which of William and Mary’s Protestant subjects had the right to bear arms, and hence, despite claims to the contrary, was of minimal importance to the framing of the United States’ Second Amendment.

Cooperation and Conflict. Sibling Relations in Contemporary Societies.

This study investigates sibling and “extended sibling” relations. Extended sibling relations refer to relations between nieces or nephews and aunts or uncles. Both cooperation and conflict between kin are investigated. We use an evolutionary family sociological framework for analysing kin relations in present day Finland and the UK. Cooperation is measured by kin support, emotional closeness, and contact frequency, while the outcome of sibling conflict is measured by toddlers’ unintended injuries, young adolescents’ reports of how much siblings picked and hurt each other, and adults’ self-reported disagreements with siblings. The study includes seven original articles and an introductory chapter.Article I shows that 3-year-old British children who live in the same household with their full siblings have a lower risk of unintended home injuries than do children who live with their full and half siblings or only with their half siblings. Article II finds that 11-year-old British children living with their full siblings only were more likely to report hurting or picking between siblings compared with children who live with their half siblings only. Article III describes two generations of adult Finns and shows that both younger (mean age 36 years old) and older (mean age 65 years) generations have more contacts with full than half siblings and more contacts with the children of full siblings than with children of half siblings. Based on article IV, older and younger Finns have more contact with their sisters’ children compared to their brothers’ children. Article V finds that childless younger women in Finland provide more childcare to their siblings’ children than do younger mothers. However, mothers and childless women provide equal amounts of support to their aunts and uncles. According to article VI, younger Finnish adults who have half siblings are more likely to have encountered unequal maternal treatment than younger adults who have full siblings only. Article VII shows that younger and older Finns are more likely to have conflicts with their full siblings than with their half siblings.Combined, these results show that kin relations tend to differ both between maternal and paternal kin and between full and half siblings. Moreover, kin support is more likely to flow from older individuals to younger ones than vice versa. Finally, parental unequal treatment seems to shape relations between siblings. At the end of the introduction chapter, policy and practical implications of the results are discussed.

VII. ‘Only the Husband Can Accuse the Wife of Adultery and She Him’: Prosecuting and Proving Adultery in Medieval Sweden

Article VII. ‘Only the Husband Can Accuse the Wife of Adultery and She Him’: Prosecuting and Proving Adultery in Medieval Sweden was published on August 1, 2014 in the journal Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung (volume 100, issue 1).

PERKEMBANGAN PRINSIP TANGGUNG JAWAB (BASES OF LIABILITY) DALAM HUKUM INTERNASIONAL DAN IMPLIKASINYA TERHADAP KEGIATAN KERUANGANGKASAAN

This research discusses the development of bases of liability in international laws and its implications to any outer space activities. The research method was normative-juridical. The findings show that: first, based on the development history, there are three bases of liability in international laws; each has its own characters and implementation mechanisms. Second, the important implications of the development of bases of liability in international laws of outer space activities are written in Article II and Article III Liability Convention 1972 which are the elaboration of the stipulations in Article VII of the Outer Space Treaty 1967. As a consequence of Indonesian’s participation in international outer space laws, bases of liability which is mentioned in Article II and Article III Liability Convention 1972 should be implemented in national legislation related to the liability in any outer space actitivies in Indonesia.

Originalism and the good constitution

Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities--both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number.The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can following the original meaning be justified, given that African Americans and women were excluded from the enactment of the Constitution in 1787 and many of its subsequent Amendments? What is originalism's place in interpretation of the Constitution, when after two hundred years there is so much non-originalist precedent?A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, which is now the most prominent theory of constitutional interpretation.

Transfer Pricing and the WTO

Transfer pricing is the phenomenon by which related corporate entities in different jurisdictions determine the price at which a transfer of goods or services between those two entities should be deemed to have occurred. This phenomenon is an inherent and endemic part of the international trading system. Given this, and given the significant governing role which the WTO plays in that system, the question stands: to what extent do, or could, the WTO institutions and WTO Agreements regulate transfer pricing and, more particularly, transfer mispricing? This article considers that question. Section I introduces the topic. Section II explains the concept of transfer pricing (and mispricing). Section III identifies the institutions of the WTO (and WCO) which are relevant to the phenomenon of transfer pricing and mispricing. Section IV identifies those provisions of the WTO Agreements the operation of which could have consequences for the phenomenon of transfer pricing and mispricing, in particular Article VII of the GATT and the WTO Customs Valuation Agreement. Section V considers whether, pursuant to the terms of the CVA and GATT, transfer mispricing could be raised in the WTO dispute settlement mechanism. Finally, section VI offers a brief conclusion about the likely future treatment of transfer pricing and mispricing in the WTO.

Regulating Internet Trade in CITES Species

Regulating Internet Trade in CITES Species

The customs issues of the European Union and Serbia: The customs base

Regulation (EC) No 450/2008 of the European Parliament and of the Council of 23 April 2008 laying down the Community Customs Code (Modernized Customs Code), Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, The Customs Law of Serbia of 26 March 2010 in a very detailed and extensive way regulate customs base. These legal documents envisage the methods of determination of customs value: the primary ones, which are based on the transaction value, but also the secondary ones, which are based on other methods for determination of customs value of goods. The customs services of the EU Member States have on their disposal six methods for determination of customs value of goods. Those methods in the mentioned acts of the EU and Serbia are transposed from the Article VII of the General Agreement on Tariffs and Trade 1994 and Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994. The fact that mentioned acts of the EU and Serbia request that the customs value of goods must be clearly and precisely determined, that means to be determined in the same way, is understandable because the customs base is one of the most significant elements of customs. There are many reasons for that: in a certain way, the customs base is in relation with all other elements of customs structure; from the procedure in which the customs base is determined, that means from its universality depends the amount of income which will the EU and Serbia, on that ground, collect to finance public expenditure predicted in the budget; and most of the customs on the imported goods in the EU is determined ad valorem.

The More Favorable Regime for Confirming International Arbitral Awards Made in the U.S.: A Choice Within the 'Overlapping Coverage' of FAA Chapters One and Two

According to U.S. courts, Chapters One and Two of the Federal Arbitration Act provide “overlapping coverage” over arbitral awards that were made in the U.S. and also fall under the New York Convention. The meaning of “overlapping coverage” under U.S. arbitral law remains unclear, but affects the defeated party’s ability to challenge the conversion of these awards to court judgments and, consequently, the parties’ decision to seat an arbitration in the U.S. According to every Circuit that has addressed the question, when a U.S.-rendered award is domestic, it is subject to summary, challenge free confirmation under Chapter One if it is not vacated within 90 days of its rendering. If instead the U.S.-rendered award is non-domestic and falls under the Convention, the question is whether Chapter Two of the FAA, which implements the Convention, deprives the prevailing party of this potential challenge-free confirmation. By one reading, it does not. According to the Convention’s little-explored Article VII(1), the so-called “more-favorable regime” provision, the Convention does not deprive an interested party of any right to confirmation she may have under the law of the country in which enforcement is sought (here, the U.S.). This gives rise to an interpretation of “overlapping coverage” whereby the prevailing party to a non-domestic award made in the U.S. may have the regimes of Chapters One and Two available as parallel entitlements. The choice by the prevailing party among the available regimes, including challenge-free confirmation under Chapter One, depends on the regime that is most advantageous. And under this interpretation, alluded to by courts and commentators and developed herein, the prevailing party would enjoy summary, challenge-free confirmation of an award made in the U.S. for which vacatur is not timely sought even if that award falls under the Convention. The implications for the U.S. law of international commercial arbitration are manifold.

Response to “Should People with Unhealthy Lifestyles Pay Higher Health Insurance Premiums?”

This thesis has two aims. The first aim is to set out an argument for social insurance in the form of compulsory income insurance in the event of sickness or unemployment, and to explore two lines of arguments for social insurance policies that are commonly associated with an active welfare state that seeks to prevent or reduce reliance on social insurance. The second aim is to outline and defend an account of legitimacy that takes moral autonomy seriously by making legitimacy partly dependent on our entrenched values and preferences.The first aim is relevant for articles I-VI. In article I it is argued that the extent to which behavioural responses to social insurance is seen as ethically problematic, it is primarily a problem that concerns the institution rather than the morality of the individual whose behaviour is influenced by social insurance. Thus, insofar as behavioural responses to social insurance are an ethical problem, it is a problem for political philosophy rather than individual ethics. In article II an argument for social insurance in the form of compulsory income insurance in the event of sickness or unemployment is presented, viz. the argument from autonomy. It is based on a concern for the protection of our identity according to what is called a “thick” conception of the person, which holds that our identities as separate persons are constituted by our central aims and commitments. It is also argued that contrary to what has been claimed by its opponents; social insurance needs not lead to the bad risks exploiting the good risks, or be head-on in conflict with individual freedom. Article III identifies normative issues that deserve attention in relation to in relation to a general introduction of prevention policies in social insurance and market insurance. It is argued that the importance of these issues suggests that arguments and distinctions drawn from moral and political philosophy should play a more prominent role both in the debate on the shift towards an active welfare state and the use of prevention policies in market insurance. Article IV is a response to comments from Professor David Buchanan initiated by article III. Article V explores what is called the argument from autonomy for reduced compensation rates in social insurance or making compensation from such insurance conditional on different kinds of requirements such as participation in rehabilitation or vocational training. It is argued that such policies are justified if they tend to ensure an adequate level of autonomy, where autonomy is understood in the sense of a “thick” conception of personal autonomy based on Norman Daniel’s extension of the principle of fair equality of opportunity. Article VI discusses the objection that arguments pertaining to the principle of fairness often are irrelevant since the principle of fairness is based on the acceptance of the relevant benefits. It is argued that this objection from non-acceptance fails because we can – and do – accept the benefits form such institutions on a practical level and this is enough to ground obligations pertaining fairness. The implications of this argument for policies associated with the active welfare state are explored, taking a reform of the Swedish sickness insurance as an example.The second aim is relevant for article VII. In article VII it is argued that an account of legitimacy should satisfy three conditions. The justification thesis and the legitimacy thesis are presented as accounts of justification and legitimacy respectively. It is argued that the proposed accounts satisfy these conditions. An account of political obligations is also given.

Estimation on aesthetic value of tourist landscapes in a natural heritage site: Kanas National Nature Reserve, Xinjiang, China

Most world natural heritage sites are designated partly by reason of their prominent aesthetic values in accordance with Article VII of World Natural Heritage Convention. In this paper, the aesthetic values of Kanas National Nature Reserve, which has potential for such designation, was analyzed quantitatively using scenic beauty estimation (SBE). The landscapes of 19 representative scenic spots in the Kanas National Nature Reserve in summer and autumn were selected as the objects of evaluation. The contributions of different landscape factors to the aesthetic value of the Kanas National Nature Reserve were revealed using a multivariate quantitative model. The main factors affecting the aesthetic value were waterscapes, vegetation, mountains, folk culture and the tourist environment. The t-test and F-test results are extremely significant. According to the results, some suggestions were given for conserving the landscapes in the Kanas National Nature Reserve.

On Annulled Arbitral Awards and the Death of Chromalloy

The Chromalloy decision in the United States provoked great controversy a dozen years ago by enforcing an arbitral award that had been annulled by the courts of primary jurisdiction. The basis for the court’s decision – Article VII of the New York Convention – was never thought to be particularly sound, but the result was debated and endorsed in some of the academic writing that followed. The debate has largely been put to rest in the United States by judicial decisions creating a strong presumption against enforcement of annulled awards and specifically rejecting the position advanced in Chromalloy. This article traces the evolution of the judicial response in the United States, which has been based on both the structure of the New York Convention and comity concerns, and suggests that the strong commitment to comity is likely to enhance the respect accorded to arbitration in foreign courts, particularly in the developing world, and will best serve the interests of the international arbitration system, including the interest in finality of awards.

When the Theory Doesn't Fit the Facts: A Further Comment on Putrabali

The June 2007 decisions of the Cour de Cassation in the Putrabali arbitration represent the latest application of the French doctrine that an international arbitral award is not attached to any national juridical order and thus under Article VII of the New York Convention may be enforced in France even though annulled in its country of origin. The arbitration in Putrabali was conducted in London under the Rules of Arbitration and Appeal of the International General Produce Association (IGPA) between the Indonesian seller and the French buyer of a cargo of white pepper that was lost at sea while on route to Singapore for transhipment to Rotterdam. The buyer refused to pay. The IGPA Rules explicitly fix London as the geographical and juridical seat of the arbitration, confine party nominations for arbitrator to members of the IGPA Arbitration and Appeal Panel, exclude lawyers from any participation in the hearing or any appeal within IGPA, and allow application to the court under Section 69 of the UK Arbitration Act 1996 on issues of law arising in the arbitration. In October 2000 an award (the First Award) was rendered in favour of the seller. It was reversed in April 2001 by an appeal panel, which exonerated the buyer (the Second Award). The Second Award was annulled by a judgment of the High Court, which remanded the matter to the arbitrators. A Third Award, in August 2003, gave a net amount to the seller. In September 2003 the buyer obtained enforcement in France of the Second Award. The seller later unsuccessfully sought enforcement in France of the Third Award. The Cour de Cassation affirmed both decisions. The article considers three questions. First, in French law is party intent relevant in determining whether or not an arbitration is to be held to be embedded in a particular national legal system, as the facts suggest the parties intended in Putrabali? If so, should decisions of the legal system thus identified be taken into account in enforcement of awards in other countries? Second, is the French practice of granting enforcement to interim awards in favour of French respondents that can only serve to block enforcement of later adverse awards consistent with party expectations in international commercial arbitration? Third, does the French practice amount to no more than a race to the swift and is that consistent with party expectations or the more general interest of international commercial arbitration? The article concludes that there appear to be principles of French arbitration law that could usefully serve to modify current dogma and its application.