National Interim Research Articles

State Aid Issues Regarding National Digital Taxes

In the aftermath of the struggle to carve out a proposal for fair taxation of the digital economy, several EU Member States pushed forward and decided unilaterally to introduce national interim measures to grab a fair share of the tax revenue pie. The aim of this article is to shed light on State aid issues arising from the introduction of national digital services and advertising taxes.

Provisional Account Preservation Measures in European Civil Procedure Law

With the Regulations 1215/2012 (Brussels Ia Regulation) and 655/2014 (EAPO Regulation), the European legislator has created two new and very distinct instruments to facilitate cross-border debt recovery in civil and commercial matters. While the Brussels Ia Regulation provides for an easier recognition and enforcement of national interim measures in other EU Member States, the EAPO Regulation creates a single provisional and protective measure enabling creditors to prevent the transfer or withdrawal of the debtors' assets from any bank account located in the EU. This paper provides a comparative analysis of these European legal instruments by evaluating the rules on preconditions, legal remedies and the different effects of national interim measures that shall be recognised and enforced within the Brussels Ia regime and the new EAPO. Fundstelle: Anzenberger/Ivanc, Provisional Account Preservation Measures in European Civil Procedure Law, ALJ 2/2017, 57–70 (http://alj.uni-graz.at/index.php/alj/article/view/86).

Experiences of using a commercial dose management system (GE DoseWatch) for CT examinations.

To assess the use of a commercial dose management system (GE DoseWatch; GEMS, Milwaukee, WI) for CT dose management for six common CT examinations. Data were acquired over several months using GE DoseWatch for six common CT examinations on three CT scanners. The dose length product (DLP) was taken as the dose indicator. The data were analysed using four different filtering methods: study description, the National Interim Clinical Imaging Procedure code, protocol name and a more detailed filtering method (the reference data set). The filtering methods were compared using an analysis of variance and multiple comparison technique. The different scanners were compared using the reference data set. It was found that integrating DoseWatch with the radiology information system provided improved results compared with using the study description. Filtering by study description was found to be a poor indicator of the mean dose for all three scanners and consistently overestimated (p < 0.05) the head and thorax-abdo-pelvis mean DLP values, despite the large sample sizes. Filtering by the National Interim Clinical Imaging Procedure code or protocol name produced mean DLPs which were not statistically different from the reference data. The scanner intercomparison showed some significant differences between the scanners, usually due to different tube current modulation settings. The use of a commercial dose monitoring system provided fast and efficient filtering of substantial amounts of data. The filtering method affected the mean DLP value despite large sample sizes. Dose management systems are relatively new in the UK, and this article shares knowledge on the use of one system.

Use of a multi-proxy method to support the restoration of estuaries receiving inputs from industry

In New South Wales (NSW), Australia, the availability of water from estuarine lakes combined with the use of coal as an energy source has resulted in coal-fired power stations on the margins of coastal lakes. The purpose of this study was to use a multi-proxy method to evaluate the extent and trends of historical metal inputs from a coal-fired power station to sediments in Lake Budgewoi. Metal concentrations in 15-cm sediment cores showed a uniform depth profile. The highest concentrations of zinc and copper were found close to the Munmorah Power Station outlet, while arsenic and lead were found in the deposition basin of sediments. Background values for metal concentrations of Zn<80mg/kg, As<15mg/kg, Se<1mg/kg, Cu<16mg/kg, Cd<0.8mg/kg and Pb<20mg/kg were used as the baseline for future studies in this lake. The history of sediment metal concentrations is consistent with power station activities in the lake. Maximum metal concentrations found in sediments of Lake Budgewoi were Zn 122mg/kg, Cu 45mg/kg, As 10mg/kg, Se 1.8mg/kg, Cd 0.2mg/kg and Pb 41mg/kg. The ratio of these values to the national interim sediment quality guidelines are Pb 0.8, Cu 0.7, Zn 0.6, As 0.5 and Cd 0.1. Although concentrations were below guideline values, the multi-proxy method applied in this study was sensitive enough to detect metal concentration changes over the 45 years of power station operation. The results of this study provide environmental regulators with a baseline of the past and current situation of power station metal contamination, and in the future will provide insights into how long it takes the environment to revert to background metal concentrations.

Evaluation of nine HIV rapid test kits to develop a national HIV testing algorithm in Nigeria.

Background: Non-cold chain-dependent HIV rapid testing has been adopted in many resource-constrained nations as a strategy for reaching out to populations. HIV rapid test kits (RTKs) have the advantage of ease of use, low operational cost and short turnaround times. Before 2005, different RTKs had been used in Nigeria without formal evaluation. Between 2005 and 2007, a study was conducted to formally evaluate a number of RTKs and construct HIV testing algorithms. Objectives: The objectives of this study were to assess and select HIV RTKs and develop national testing algorithms. Method: Nine RTKs were evaluated using 528 well-characterised plasma samples. These comprised 198 HIV-positive specimens (37.5%) and 330 HIV-negative specimens (62.5%), collected nationally. Sensitivity and specificity were calculated with 95% confidence intervals for all nine RTKs singly and for serial and parallel combinations of six RTKs; and relative costs were estimated. Results: Six of the nine RTKs met the selection criteria, including minimum sensitivity and specificity (both ≥ 99.0%) requirements. There were no significant differences in sensitivities or specificities of RTKs in the serial and parallel algorithms, but the cost of RTKs in parallel algorithms was twice that in serial algorithms. Consequently, three serial algorithms, comprising four test kits (BundiTM, DetermineTM, Stat-Pak® and Uni-GoldTM) with 100.0% sensitivity and 99.1% - 100.0% specificity, were recommended and adopted as national interim testing algorithms in 2007. Conclusion: This evaluation provides the first evidence for reliable combinations of RTKs for HIV testing in Nigeria. However, these RTKs need further evaluation in the field (Phase II) to re-validate their performance.

Internationalized Pro Bono and a New Global Role for Lawyers in the 21st Century: Lessons from Nation-Building in Southern Sudan

From 2004 to 2006, the author led the pro bono representation of the Sudan People’s Liberation Movement (“SPLM”), assisting the SPLM in drafting and negotiating the National Interim Constitution of Sudan, the Interim Constitution of Southern Sudan and the Constitutions of two “transitional” states. The representation was part of an emerging trend in pro bono representations. In small but increasing numbers, private law firms have begun to take on pro bono projects with global significance - assisting governments and civil society in post-conflict countries to deal on an even footing with foreign investors, for instance, or working with international criminal courts to prepare indictments of war criminals. This development within the legal community is connected to changes in the scope and ambition of the “corporate responsibility” initiatives of many multinational corporate clients of the firms leading the internationalization of pro bono services. Private law firms are hardly unique as third-party participants in the highest levels of inter- and intra-sovereign processes. Certainly, it is well known that foreign government assistance, inter-governmental organizations such as the UN or World Bank, and non-governmental organizations play a large role in the social and economic development of poorer countries. Less light has been shed, however, on the role those same entities play in the fundamental sovereign processes of formation, dissolution, war, and peace, and no discussion at all exists regarding the new role of law firms in such weighty international affairs. A close look at the way law firms operate in that rarefied space provides an illuminating contrast to the behavior of other actors.The entry of law firms and multinational corporations into the ‘market’ of global affairs - long the exclusive domain of governments and inter-governmental organizations - offers many advantages to clients in developing and post-conflict countries, but also poses dangers which can and should be mitigated. One of the foremost benefits private law firms offer is their unique ability to ensure - even to guarantee - local ownership of the process and its content due to the strict requirements of the attorney-client relationship. These include attorneys’ obligations to follow the directives of their clients, to keep the confidences of the client and to act independently of any third party. Unlike other players in the field of international aid such as foreign donor governments, inter-governmental organizations (IGOs), non-governmental organizations (NGOs), and private foundations, private lawyers providing pro bono services do not receive donations, do not have “mandates” other than those dictated by the client (bounded, of course, by ethical regulations), and do not have real or imagined “constituencies” to which they are accountable, other than the client. Yet the enforceability of the ethical code that gives rise to those advantages is questionable in a transnational representation. A lack of regulation raises questions about legitimacy and accountability, and may suggest a specter of legal imperialism. A practical approach to mitigating those disadvantages can be gleaned from the novel work of an increasing number of scholars writing within the Global Administrative Law (“GAL”) paradigm. GAL scholars have analyzed the myriad ways in which disparate national administrative standards have been synchronized, though not necessarily harmonized, in various contexts (e.g., environmental concerns, accounting standards). A key concept in GAL scholarship is that of transnational networks - patterns of regular and purposive relations (and institutions) among like regulatory bodies working across borders dividing countries and demarcating the “domestic” from the “international.” The article will draw on this and other concepts and principles identified by GAL scholars proposing ways to bring a measure of accountability to transnational pro bono activities (indeed to transnational lawyering, generally) that respect the domestically self-regulated legal profession and which cannot (and should not) be harmonized across jurisdictions. Rather, the article suggests that regulation of global pro bono service should graduate from “accidental distributed administration” to “deliberate transnational network administration.” Without some attention paid to the way law firms operate in this arena, there is a risk that the ethical obligations of attorneys will become little more than a cover for advancing Western corporate interests.

The Sudanese Bill of Rights

In January 2005, a Comprehensive Peace Agreement (CPA) brought one of the longest conflicts in Africa – the so-called Sudan north–south conflict – to an end. The CPA seeks to resolve the root causes of Sudan's conflict by providing a six-year temporary solution aimed at laying the foundation for a country that is based on pluralistic democracy and rule of law by granting Southern Sudan autonomous status and fixing a timetable on the question of the right of self-determination for the people of Southern Sudan. It establishes a dual legal system (a Sharia system in the north and a secular system in the south) and a comprehensive Bill of Rights to be enshrined in the National Interim Constitution (INC). This paper examines how the Bill of Rights addresses the root causes of the Sudan conflict. The Bill of Rights is only 3 years old; it is too early to present an analysis and evaluation based on actual practice. This paper attempts to offer textual analysis; that is, what the law says should happen if the provisions of the Bill of Rights are to work properly; and it attempts to provide a background to the Sudanese Bill of Rights. The contents of the Bill of Rights is reviewed briefly. How the Bill of Rights addresses the underlying causes of the Sudan conflict is considered by looking at the religious rights, ethnic and cultural diversity and the right to self-determination of the people of south Sudan. The application of the Bill of Rights and the way it protects fundamental rights and freedoms is examined by focusing on the constitutional review of the legislative and executive actions of the State. The interpretation of the Bill of Rights and the problems regarding its interpretation are considered. The paper then examines the limitations clause of the Bill of Rights, and concludes by reflecting on the preceding sections.

Survey of State Practices during the 2004–2005 Influenza Vaccine Shortage

To describe state-level actions and policies during the 2004-2005 influenza vaccine shortage and determine whether these or other factors were related to vaccination coverage, we surveyed all state health departments (including the District of Columbia). We included 2004-2005 Behavioral Risk Factor Surveillance System data to examine whether state-level actions, policies, or other factors like vaccine supply were related to changes in vaccination coverage in adults aged > or = 65 years from the previous non-shortage year. We found that 96% (n = 49) of states reported adopting or recommending adherence to the initial national interim influenza vaccination recommendations. Of these, at some point during the season, 22% (n = 11) reported local public health agencies issued prioritization recommendations that differed from the state health department's guidance. Eighty percent (n = 41) initiated at least one emergency response activity and 43% (n = 22) referred to or implemented components of their pandemic influenza plans. In 35% (n = 18), emergency or executive orders were issued or legislative action occurred. In a multivariable linear regression model, the availability and use of practitioner contact lists and having a relatively high vaccine supply in early October 2004 were associated with smaller decreases in coverage for adults aged > or = 65 years from the previous non-shortage season (p = 0.003, r2 = 0.26). States over-whelmingly followed national vaccination prioritization guidelines and used a range of activities to manage the 2004-2005 vaccine shortage. The availability and use of practitioner contact lists and having a relatively high vaccine supply early in the season were associated with smaller decreases in coverage from the previous non-shortage season.

The effect of water hardness on the toxicity of uranium to a tropical freshwater alga ( Chlorella sp.)

Uranium (U) derived from mining activities is of potential ecotoxicological concern to freshwater biota in tropical northern Australia. Few data are available on the effects of water hardness (Ca and/or Mg), which is elevated in U mine wastewaters, on the toxicity and bioavailability of U to freshwater biota, particularly algae. This study determined the effect of water hardness (8, 40, 100 and 400 mg CaCO 3 l −1, added as calcium (Ca) and magnesium (Mg) sulphate) on the toxicity (72 h growth rate inhibition) of U to the unicellular green alga, Chlorella sp., in synthetic freshwater, at constant pH (7.0) and alkalinity (8 mg CaCO 3 l −1), similar in chemical composition to sandy coastal streams in tropical northern Australia. A 50-fold increase in water hardness resulted in a 5-fold decrease ( P≤0.05) in the toxicity of U to Chlorella sp. (i.e. the 72 h EC 50 increased from 56 to 270 μg U l −1). Possible explanation for the ameliorative effect of water hardness includes: (i) competition between U and Ca and/or Mg for binding sites on the cell surface; and (ii) a change in U speciation, and hence, bioavailability. Results showed that extracellular (cell-surface) and intracellular U concentrations significantly ( P<0.05) decreased (2–5-fold) as water hardness increased from 8 to 400 mg CaCO 3 l −1. Calculation of U speciation using the geochemical model HARPHRQ showed that there were no significant ( P>0.05) differences in the predicted speciation (% distribution) of U amongst the four water hardness levels. The reduction in U toxicity with increasing water hardness was most likely due to competition between U and Ca and/or Mg for binding sites on the algal cell surface. The minimum detectable effect concentrations of U were approximately 3 and 24 times higher (at 8 and 400 mg CaCO 3 l −1 hardness, respectively) than the national interim U guideline value (0.5 μg l −1) for protecting aquatic ecosystems. Overall, the results reinforce the need for a more flexible U guideline based on a hardness-dependent algorithm, which may allow environmental managers to relax the national guideline for U on a site-specific basis.

Skin cancer and inorganic arsenic: uncertainty-status of risk.

The current U.S. EPA standard for inorganic arsenic in drinking water is 50 ppb (microgram/L), dating to the National Interim Primary Drinking Water Regulation of 1976. The current EPA risk analysis predicts an increased lifetime skin cancer risk on the order of 3 or 4 per 1000 from chronic exposure at that concentration. Revision of the standard to only a few ppb, perhaps even less than 1 ppb, may be indicated by the EPA analysis to reduce the lifetime risk to an acceptable level. The cost to water utilities, and ultimately to their consumers, to conform to such a large reduction in the standard could easily reach several billion dollars, so it is particularly important to assess accurately the current risk and the risk reduction that would be achieved by a lower standard. This article addresses the major sources of uncertainty in the EPA analysis with respect to this objective. Specifically, it focuses on uncertainty and variability in the exposure estimates for the landmark study of Tseng and colleagues in Taiwan, analyzed using a reconstruction of the their exposure data. It is concluded that while the available dataset is suitable to establish the hazard of skin cancer, it is too highly summarized for reliable dose-response assessment. A new epidemiologic study is needed, designed for the requirements of dose-response assessment.

Uncertainties Drive Arsenic Rule Delay

The US Environmental Protection Agency (USEPA) is under court order to sign a proposed rule for arsenic by November 30, 1995. The agency recently announced that it will not meet this deadline, citing the need to gather additional information. Development of a National Interim Primary Drinking Water Regulation for arsenic has been delayed several times over the past 10 years because of uncertainties regarding health issues and costs associated with compliance. The early history of development of the arsenic rule has been reviewed. Only recent developments are reviewed here.

Multiple modeling of propensity to adopt residential energy conservation retrofits

This paper concerns the propensity of American homeowners to adopt three residential energy conserving practices (adding insulation, adding storm doors or windows, adding caulking or weatherstripping). We present an analysis of the National Interim Energy Consumption Survey of 1978–1979 using two distinct statistical models: the multivariate log-linear/logistic model, and the multivariate structural probit model with latent variables. The two models are shown to be complementary.

Using Chlorine Dioxide for Trihalomethane Control

Because of the November 1979 amendment to the National Interim Primary Drinking Water Regulations, many utilities were faced with changing their disinfection practices to comply with the 0.10‐mg/L maximum contaminant level for trihalomethanes (THMs). After considering various options, one utility, the Evansville (Ind.) Water and Sewer Utility, chose chlorine dioxide disinfection as the most feasible method for controlling THMs. The performance of a 100‐gpm (6.3‐L/s) pilot plant that incorporated chlorine dioxide treatment was compared with that of a full‐scale plant that used chlorination. Chlorine dioxide was so effective for reducing THMs that it has been used in Evansville's full‐scale plant since 1983.

Seasonal and Regional Residential Electricity Demand

Following the seminal work of McFadden. Puig, and Kirschner (1977) and the general availability of national microdata sets, residential energy demand studies have been conducted for electricity, natural gas, fuel oil. LP gas, and wood (see Garbacz, 1984, 1985). Using the National Interim Energy Consumption Survey (NIECS) data, Garbacz (1984) developed a three-equation model (demand, price, and appliance stock) to estimate national electricity demand using two-stage least squares (2SLS) for house-holds by month. This study builds on the previous work to estimate elasticities by month and by region. It is hypothesized that elasticities vary substantially between the heating and cooling seasons. Previous work by Acton, Mitchell, and Sohiberg (1980); Parti and Parti (1980); Archibald, Finifter, and Moody (1982); Murray et al. (1978); and Garbacz (1984) supports this. Houthakker (1980), Halvorsen (1978), and Murray et al. (1978) also have found differences in elasticities by region.

Will Mandatory Conservation Promote Energy Efficiency in the Selection of Household Appliance Stocks?

This paper estimates a nested logit model for space heat and water heat choice using data from the National Interim Energy Consumption Survey (NIECS) by the Department of Energy in 1978. (See Dubin, 1983) for references to the data set and a detailed discussion of procedures used to prepare the data for economic analysis.) The use of micro-level disaggregated survey data to estimate discrete choice models of heating, ventilating, and air-conditioning (HVAC) systems has been very recent, but one can find a few related models in Dubin and McFadden (1984), Brownstone (1980), Goett (1979), Hausman (1979), and McFadden, Puig, and Kirschner (1977). One of the virtues of the structure developed here is that it has been embedded successfully in a larger micro-simulation system (the Residential End-Use Energy Policy System (REEPS)) for purposes of policy forecasting (Goett [1979]).

Compliance and policy issues and recommendations related to revision of the National Interim Primary Drinking Water Regulations for Radionuclides.

This paper summarizes the deliberations and conclusions of the Compliance and Policy Committee of the National Workshop for Radioactivity in Drinking Water. Prior to and during the workshop the committee considered a total of 32 possible compliance and policy issues and determined that 22 were valid. The committee developed positions on seven of these and these positions are presented herein. The remaining 25 issues are also listed with the committee's evaluation of each.

Radiological sampling and analytical methods for National Primary Drinking Water Regulations.

Radiological sampling and analysis performed under the National Interim Primary Drinking Water Regulations were evaluated for the U.S. Environmental Protection Agency (EPA) Office of Drinking Water to consider whether any changes should be recommended. The authors reviewed the analytical screening scheme; sample collection, storage and analysis procedures; selection of analytical methods; reliability of results; and possible future needs. The main problem in the program has been dependence on a screening scheme of gross alpha-particle activity measurement and 226Ra analysis for predicting elevated 228Ra levels to determine compliance with the maximum contaminant level (MCL) for Ra. In some aquifers, 228Ra levels have been found to be unrelated to 226Ra levels. Several alternatives are discussed to eliminate this problem. A secondary problem is that the measurement for assuring compliance with the MCL for gross alpha-particle activity minus Ra, Rn and U uses chemical U analysis and assumes equilibrium of 238U and 234U. Because some ground waters are known to be at disequilibrium, radiometric U analysis is needed for those gross alpha-particle activities and chemical U values that could result in an erroneous conclusion relative to the MCL. In addition, studies were recommended for determining analytical uncertainties and assuring reliable sampling and sample maintenance; improvements in the system for accepting methods were suggested; and methods were identified for several radionuclides not currently in the analytical program that may be needed to assure absence of elevated radiation doses and could be useful for identifying trace contaminants.

Development of Revised Primary Drinking Water Regulations

Revised primary drinking water regulations are being developed by the US Environmental Protection Agency in response to the requirements of the Safe Drinking Water Act. National Interim Primary Drinking Water Regulations were established in 1975 with amendments in 1976, 1979, and 1980 for organic and inorganic chemicals, radionuclides, and microbiological contaminants. Development of the revised regulations will involve a comprehensive reassessment of the interim regulations and an examination of the experience gained from implementation of those regulations. This article describes these experiences and current considerations being evaluated for incorporation into the revised regulations.

Ann Arbor Controls Trihalomethanes

Many water treatment plants in the United States were not initially designed to control the formation of trihalomethanes as by‐products of existing disinfection practices. New methods were needed to meet the National Interim Primary Drinking Water Regulations for total trihalomethanes (TTHMs), so many water purveyors began modifying existing treatment processes. The city of Ann Arbor, Mich., experimented with a variety of disinfection schemes using chlorine and chloramines. Anhydrous ammonia, added to the raw water after prechlorination, reduced TTHM concentrations to required levels.

Residential Electricity Demand: A Suggested Appliance Stock Equation

A large amount of work in residential electricity demand has relied on logit estimation of a disaggregated appliance stock. (See the seminal work by McFadden et al., 1977.) While this approach may be suitable for certain types of models with certain goals in mind, a simple formulation of an appliance stock equation may sometimes be appropriate. For example, if the goal is to estimate seasonal patterns in elasticities employing a national micro-data set (as in the National Interim Energy Consumption Survey 1978-1979; see U.S. Department of Energy, 1980), then it may be appropriate to develop an appliance stock equation to predict the size of an appliance stock index (approximating a continuous variable). The present appliance stock equation is part of a three-equation model that is estimated in log-linear form via 2SLS.