Major Argument In Favour Research Articles

Corruption in international commercial arbitration—Domino effect in the energy industry, developing countries, and impact of English public policy

Abstract Corruption has relentlessly posed a major challenge to investors especially in developing countries. However, less attention has been focused on such developing countries from the standpoint of individuals who are indirectly affected by corrupt practices. The relationship between international commercial arbitration, the role of domestic courts and the enforcement of obligations has come under more scrutiny with large awards. Successful parties bring many award enforcement proceedings in England because of the invaluable assistance which English courts provide. Sometimes, there are allegations of corruption with respect to these awards that parties seek to enforce. In this context, English court decisions have significant implications for many parties around the world. However, the traditional narrow interpretation of public policy has come under increasing strain. This article examines how English courts have navigated the matrix of fraud, corruption and public policy-overlapping areas which parties exploit in international commercial arbitration. There is a major argument in favour of striking a balance between various institutional, governmental and people’s interests in dealing with difficult cases.

A Redacted America: Critiquing the Lack of Transparency at Guantanamo Bay

The willingness to undermine liberal standards of justice and imprisonment has been a major criticism of the detention camp at Guantánamo Bay. The camp’s propensity to evade judicial mechanisms offered on American soil is particularly due to its deliberate opacity. This paper begins with a brief overview of the major arguments in favour of the closure of the facility and the challenges that have prohibited the closure thus far, based on a review of debates and commentary found in investigative reports, legal documents, and scholarly analyses. A substantive portion of this piece will highlight three demonstrable areas where transparency is being detrimentally avoided in the conduct of the Guantánamo Bay detention camp: press access, health care, and the detainee defense counsel. A critique of increasing transparency as a possible impetus to keep the facility open will close the discussion. Ultimately, the transgressions of Guantánamo are so detrimental to American self-conception of liberal values that a correction of the facility’s opacity should be but an intermediary step to closing the facility entirely.

Freshwater macroalga, Ulva pilifera (Ulvaceae, Chlorophyta) as an indicator of the trophic state of waters for small water bodies

Mass occurrence of green algae of the genus Ulva in the form of algal blooms (known as “green tides”) is often associated with high concentrations of biogens in the water. Therefore, Ulva species are most often used in monitoring seawater trophy and far less frequently freshwater trophy. In Europe, the biomonitoring of river ecosystems is based on aquatic plants. According to the River Macrophyte Index (RMI), river populations of Ulva macroalgae (only tubular Enteromorpha-like Ulva) are considered good indicators for eutrophic waters. This paper analyses the legitimacy of using U. pilifera as a trophy indicator in the case of ponds. It has been noted that freshwater populations of U. pilifera are much more common in lakes, dammed reservoirs, or ponds than in rivers. In this study, analysed populations of U. pilifera originated from 14 ponds located in central Poland. Data analysis relied on the Carlson Trophic State Index (CTSI), which was compared with other known trophic indices. According to CTSI values, U. pilifera was most common in eutrophic ponds, where the mean concentrations of ammonium nitrogen, nitrates, total phosphorus, and chlorophyll a reached 581, 241, 212, and 20 µg·L−1, respectively. The results indicate that U. pilifera can be considered a bioindicator for eutrophic waters (50–70 of CTSI). It would therefore be appropriate to introduce U. pilifera as part of biomonitoring conducted in small bodies of water. Major arguments in favour of practical application of U. pilifera are: (i) it is a large macroalga, the thalli of which can reach a length of > 1.0 m, (ii) it is an easy-to-identify species; even by non-experts (it is characterized by a distinctive tubular shape of the thallus), and (iii) it occurs in bulk in conditions of eutrophy, creating an easily observable bloom.

The collegium (or officium)

The creation of the procurator summarum rationum and Beryllus’ title rationalium vicarius listed in IRCPacen 121 have been major arguments in favour of accepting that changes were made to the financial administration in the second half of the 2nd century, and that a reform of the officium a rationibus was carried out by Marcus Aurelius (between 166 and 169), because from then on a procurator a rationibus (trecenarius) and a procurator summarum rationum (ducenarius) subordinate to him were to act as the rationales. I attempt to demonstrate that the claim about a collegium (or officium) rationalium being active from the reign of Marcus Aurelius over-interprets the data. The reform of the central financial administration and the appearance of collegium rationalium ought to be dated, not to the reign of Marcus Aurelius, but rather of Septimius Severus.

We are not Gametes: Distinguishing between Abortion and Contraception

It is sometimes argued that interruptions of the life's continuum which have the same end result are morally equivalent. In other words, abortion and contraception are ethically identical because both prevent birth and the development of persons. We will examine two major arguments in favour of this thesis: (1) all things that are potential persons have equal moral status. Hence preventing fertilisation of gametes is morally identical to destroying an embryo; (2) all interruptions of the continuous process which leads to the creation of a person are morally equivalent; abortion and contraception are morally indistinguishable. These arguments challenge those who distinguish between abortion and contraception. It is argued, however, that there is good reason to doubt their validity. Furthermore, an argument is offered which confirms the ethical boundary between abortion and contraception on the basis that an embryo is something greater and other than the sum of its constituent gametes.

The limited impact of indeterminacy for healthcare rationing: how indeterminacy problems show the need for a hybrid theory, but nothing more

A notorious debate in the ethics of healthcare rationing concerns whether to address rationing decisions with substantial principles or with a procedural approach. One major argument in favour of procedural...

Proposals for ICD-11: a report for WPA membership.

Proposals for ICD-11: a report for WPA membership.

Following the development of ICD-11 through World Psychiatry (and other sources).

Following the development of ICD-11 through World Psychiatry (and other sources).

312 Exercise testing coupled with Doppler echocardiography: a simple, safe and effective method to assess the severity of coarctation of the aorta

Peak systolic Doppler velocity at the aortic isthmus alone is not a good predictor of severity in patients with native or residual coarctation (CoA). A major argument in favour of a hemodynamically significant CoA is the presence of a diastolic gradient (DG) with characteristic “sawtooth” appearance of the Doppler pattern. to evaluate, in patients with some degree of aortic isthmus narrowing but without significant DG at rest, if exercise could unmask DG and thus hemodynamically significant CoA. Fourteen patients aged from 12 to 56 years underwent treadmill exercise testing coupled with Doppler echocardiography. Thirteen had previous CoA repair 8 to 43 years before, one had aortic kinking with mild isthmic narrowing on CT-scan. MRI or CT-scan were performed in 11 patients, showing significant residual stenosis (narrowing > 30%) in 8/11. Doppler measurements were performed during exercise testing and 5 minutes after at the suprasternal notch, using a CW-Doppler 2 MHz pedoff probe. The peak systolic and diastolic gradients through aortic isthmus were measured at rest and at the end of the exercise. A peak DG > 17 mmHg was considered significant. Mean peak systolic gradient increased from 29 to 65 mmHg with exercise. Significant DG appeared in 4 of 8 patients without any DG at rest. Among the 6 patients with non significant DG at rest, DG remained non significant in 2 and became significant in 4. For the 11 patients with MRI or CT-scan aortic arch evaluation, the specificity of significant DG at exercise was 100%, the sensitivity 75%, predictive positive value 100%, negative predictive value 60%. Apparition of a significant isthmic Doppler DG at exercise can reliably predict the hemodynamic significance of restenosis after CoA repair, as well as native narrowing of the aorta. This simple, safe and effective non-invasive method may help to identify patients requiring surgery or percutaneous stenting.

Dermatite érysipéloïde des membres inférieurs révélant un aspergillome du sinus maxillaire

Skin signs is associated with Aspergillus are rare and are seen principally in immunodepressed patients. Distinction is generally made between primary skin aspergillosis, caused by direct cutaneous inoculation with the offending organism, and secondary skin aspergillosis, associated with peripheral emboli from an area of chronic pulmonary or sinus mycetoma. There have been rare reports of indirect satellite skin signs resulting from Aspergillus infection, and below we present such a case. A 40 year-old immunocompetent man consulted for erysipeloid plaques on the lower limbs recurring over a period of seven months. X-rays and CAT scans of the sinus demonstrated asymptomatic axillary sinusitis probably caused by Aspergillus. The diagnosis was confirmed by surgery, which resulted in cure without additional antifungal treatment. The inflammatory syndrome subsided and after 15 months, there was no recurrence of lesions. The absence of relapse following treatment of the focus of aspergillosis forms a major argument in favour of a causal relationship between the erysipeloid dermatitis and the sinus mycotic infection. The hypothesis of a septic embologenic mechanism within the sinus was abandoned in favour of a mechanism similar to streptococcal nodular erythema, seen in diseases involving immune complexes, possibly caused by allergy to Aspergillus proteins. This case history demonstrates the existence of satellite skin signs of Aspergillus infection indicative of neither primary nor secondary aspergillosis.

Fistule vésico-vaginale après bandelette transobturatrice

The transobturator approach is gradually replacing the retropubic approach for the treatment of female stress urinary incontinence and suburethral tape. The major argument in favour of this approach is the decreased risk of bladder injury during insertion of the needles, which nevertheless remains a minor complication. Provided another more median approach is used in closer contact with the bone, followed by prolonged bladder catheterization for 24 to 48 hours, this complication has no consequences. However, the authors report a case of bladder injury during insertion of transobturator tape (TOT) in a patient with no particular history, attributable to the technique itself as it occurred during finger dissection towards the obturator membrane. This complication led to secondary formation of a vesicovaginal fistula after insertion of the tape, despite satisfactory repair of the bladder This case illustrates that TOT is not devoid of risks to the bladder; with sometimes even serious consequences. TOT should not be inserted when bladder suture is required. If a fistula is observed after insertion of TOT the tape should be completely removed as soon as possible, but correction of urinary incontinence may persist.

Economic Criteria for Compulsory Insurance

This paper applies an economic analysis of law to the question under what conditions insurance should be made compulsory. A distinction is made between first party (victim) insurance and third party (liability) insurance. It is argued that under some circumstances compulsory victim insurance may be valid e.g. when information problems or externalities arise. The major argument in favour of compulsory liability insurance is insolvency of the potential injurer. His insolvency may lead to underdeterrence. This can be cured through making the purchase of insurance compulsory. However, equally, a few limits and warnings with respect to the introduction of a duty to ensure are presented. If the moral hazard problem cannot be cured or if insurance is not sufficiently available making insurance compulsory may solve more problems than it cures. Also, it is argued that a major disadvantage of compulsory insurance is that it may make governments too dependant on the insurance market.

Economic Criteria for Compulsory Insurance

This paper applies the economic analysis of law through the question of under what conditions should insurance be made compulsory. A distinction is made between first-party (victim) insurance and third-party (liability) insurance. It is argued that under some circumstances compulsory victim insurance may be indicated, for example, when information problems or externalities arise. The major argument in favour of compulsory liability insurance is insolvency of the potential injurer. His insolvency may lead to underdeterrence. This can be cured through making the purchase of insurance compulsory. However, equally a few limits and warnings with respect to the introduction of a duty to insure are presented. If the moral hazard problem cannot be cured or if insurance is not sufficiently available, making insurance compulsory may create more problems than it cures. Also, it is argued that a major disadvantage of compulsory insurance is that it may make governments too dependent on the insurance market.

Manner modification of states

In a recent contribution to a long-standing discussion in semantics as to whether the neo-Davidsonian analysis should be extended to stative predicates or not, Maienborn (2004, 2005) proposes to distinguish two types of statives; one of them is said to have a referential argument of the Davidsonian type, the other not. As one of her arguments for making such a distinction, Maienborn observes that manner modification seems to be supported only by certain statives but to be excluded by others (thus linking the issue to the use of manner modification as one major argument in favour of event semantics, cf. Parsons 1990). In this paper, it is argued that the absence of manner modification with Maienborn's second group of statives is actually due to a failure of conceptual construal: modification of a predicate is ruled out whenever its internal conceptual structure is too poor to provide a construal for the modifier; hence, the effects observed by Maienborn reduce to the fact that eventive predicates have a more complex conceptual substructure than stative ones. Hence, the issue of manner modification with statives is shown to be orthogonal to questions of logical form and event semantics. The explanatory power of the conceptual approach is demonstrated with a case study on predicates of light emission, adapting the representation format of Barsalou's (1992) frame model.

Field and petrological evidence for a Late Palaeozoic (Upper Carboniferous–Permian) age of the Erfaulet orthogneiss (Gran Paradiso, western Alps)

In the Gran Paradiso massif (western Alps), the boundary between the Erfaulet orthogneiss and the overlying metasediments (Money Complex) is interpreted as a Late Palaeozoic intrusive contact. Major arguments in favour of this hypothesis are: (i) the obliquity of the sedimentary layering with respect to the contact; (ii) the presence of aplitic dykes within the Money Complex; (iii) the lack of a mylonitic zone; and (iv) rare relics of an early generation of garnet in the Money metasediments, interpreted as evidence of the contact metamorphism of the Erfaulet granite. To cite this article: B. Le Bayon, M. Ballevre, C. R. Geoscience 336 (2004).

What are the major arguments in favour of the genetic susceptibility for inflammatory bowel disease?

Epidemiological data, notably concordance rates in twin pairs and familial aggregation, have provided strong evidence for the importance of the genetic contribution in inflammatory bowel diseases. Genome wide scanning has been remarkably successful in identifying a number of susceptibility loci. The identification of the IBD1 gene on chromosome 16 as NOD2/CARD15 definitely establishes that a significant proportion of Crohn's disease has an underlying genetic cause. In addition, our knowledge of the clinical impact of other genes in modelling disease phenotypes has increased in parallel. These results have led to great optimism that important clinical applications will result from genetic research in the near future.

Biogeneration of C 13-norisoprenoid compounds: experiments supportive for an apo-carotenoid pathway in grapevines

The first step of the proposed biogenetic pathway in grapes that leads from carotenoids to C 13-norisoprenoids involves the enzymatic degradation of carotenoids by regiospecific oxygenases. Chemical, photochemical and oxidase-coupled degradation of carotenoids to norisoprenoids have been studied in vitro and enzymatic systems shown to be involved in mammals. However, no enzymatic system has been shown to be involved in the formation of C 13-norisoprenoids in grapes, despite all recent studies carried out on grapevines supporting such a model. These findings include the preponderance of norisoprenoids possessing 13 carbon atoms that thereby indicates the specificity of cleavage, the configuration of the asymmetric centres and axes common to C 13-norisoprenoids and the corresponding carotenoids, the negative correlations observed between the levels of norisoprenoids and carotenoids during berry development, and the in vivo transfer of 13C markers from carotenoids to norisoprenoids in berries between véraison and berry maturity. All of these findings are major arguments in favour of the hypothesis that glycosylated C 13-norisoprenoids derive from carotenoids in grape berries. Carotenoids are mostly synthesised from the first stage of fruit formation until véraison, and then degrade between véraison and maturity to produce glycosylated C 13-norisoprenoids and other compounds.

Constraints on the computational component vs. grammar in the lexicon: a discussion of Bates & Goodman.

In The emergence of language, it is argued that much of what generative linguistics has characterized as ‘rules’ in fact can be derived from domain- general cognitive mechanisms. One example of this perspective is Bates & Goodman's contribution ‘On the emergence of grammar in the lexicon’, which Sabbagh & Gelman say offers ‘…a series of compelling arguments detailing how development and early acquisition shape the subsequent acquisition of new information.’ The thrust of the argument presented by Bates & Goodman is that there is no need to posit the existence of an independent grammar domain, because grammar can be reduced to the lexicon, which in Bates & Goodman's account, can be acquired using general purpose mechanisms. One of several major arguments in favour of this position presented by the authors is that grammar and vocabulary grow at the same rates in child speech. Thus, the authors argue that the development of the lexicon and grammar correlate because there is no grammar outside of the lexicon.

Calcium signals in the cell nucleus. Strasbourg, France, August 20-23, 1998.

Just as the great explorations revealed a world far more diverse and rich than had been imagined before, a mass of fast accumulating data is disclosing a much more complex and sophisticated picture of the nucleus than hitherto assumed. The nucleus has long been thought of as some sort of enclosure circumscribed by a double membrane and containing the genetic material of the cell. The inner and outer nuclear membranes join periodically at the nuclear pores, forming complexes supposed to create large channels for the free diffusion of ions and small macromolecules. In this view, the flow of calcium between nucleus and cytoplasm would appear unrestricted, with nuclear Ca2+ signals originating from cytosolic Ca2+ waves merely by passive transmission through the nuclear pore complex (NPC). However, recent evidence has changed the mappa mundi of the cell. It has been shown that nuclear Ca2+ can be regulated independently of cytosolic Ca2+ changes. And, just as the Terra Incognita discovered beyond the Ocean Sea proved a fabulous New World, the nuclear envelope (NE) between the cytoplasm and nucleoplasm appears to play an essential role in the regulation of Ca2+ signals inside the nucleus. It contains proteins that regulate and respond to changes in nucleosolic Ca2+ concentration ([Ca2+]nucleosol). Furthermore, several specific Ca2+‐dependent nuclear functions have been described and the list is growing. The regulation of nuclear Ca2+ signals, and the role of nuclear Ca2+ as a specific regulator of nuclear events through Ca2+‐binding proteins, were the main themes of the recent EMBO workshop entitled ‘Calcium signals in the cell nucleus’, organized by A.N.Malviya and coworkers in Strasbourg, France. The existence of Ca2+ signals at the level of the nucleoplasm has never been a real issue, as the …

The impact of privatisation on procurement management: evidence from seven privatised companies in the UK

A major argument in favour of privatisation is that it prompts the companies involved to increase efficiency in order to survive in their new environment. This implies, inter alia, a reconsideration of external resource management with a view to maximising its contribution to the bottom line. This study provides evidence on procurement changes in seven UK privatised companies based on a questionnaire completed by procurement managers of these companies and semi-structured follow-up interviews. The results suggest that, in general, there have been some substantial changes in procurement since privatisation. However, in the main these were driven initially by cost-cutting pressures. More recently, the companies have begun to adopt what may be viewed as a more “strategic” approach to external resource management.