9 research outputs found

    Some Reflections on the Resolution of State-to-State Disputes in International Waters Governance Agreements

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    This paper reviews various dispute resolution mechanisms that have, or may have, application in international waters governance agreements. International waters are water resources that are shared by two or more states. They include international freshwater, international groundwater and international Large Marine Ecosystem (LMEs) situations. There are a number of possible types of dispute resolution mechanisms in international waters governance agreements. They include: (1) international courts, such as the International Court of Justice; (2) standing regional courts and tribunals, such as the Southern African Development Community (SADC) Tribunal; and (3) ad hoc arbitration, such as arbitrations administered by the Permanent Court of Arbitration. While no one type of dispute resolution mechanism is suitable for all states in all situations, some of the objectives that may be sought in dispute resolution in international waters governance agreements arguably include: (1) obtaining an effective remedy; (2) obtaining a correct result and (3) maximizing the efficiency, in terms of cost and/or timing, of the decision-making process. Having an efficacious dispute resolution enforcement mechanism in an international waters governance agreement may help ensure that a state can obtain an effective remedy even when an opposing state fails to voluntarily comply with a decision in a timely manner. Providing for an enforcement mechanism in an international waters governance agreement may also help encourage voluntary compliance as it may move states to consider the costs of non-compliance

    Transcending Sovereignty: Locating Indigenous Peoples in Transboundary Water Law

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    Collecter le patrimoine culturel immatériel : Pratiques, usages, bricolage de l'inventaire

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    Le vendredi 23 mars aura lieu Ă  la Maison mĂ©diterranĂ©enne des sciences de l'homme Ă  Aix-en-Provence (salle 02) une journĂ©e d'Ă©tude et de formation sur la collecte du patrimoine culturel immatĂ©riel (PCI). Le PCI est aujourd’hui l’objet d’appropriations diverses par les acteurs du terrain. Le MinistĂšre de la Culture a mis en place une dĂ©marche d’inventaire basĂ©e sur la collecte de fiches. Ces journĂ©es s’adressent Ă  tous ceux qui souhaitent  Ă©changer sur la mĂ©thodologie des enquĂȘtes liĂ©es Ă  la c..

    Slit Tubes for Semisoft Pneumatic Actuators

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    This article describes a new principle for designing soft or semisoft' pneumatic actuators: SLiT (for SLit-in-Tube) actuators. Inflating an elastomeric balloon, when enclosed by an external shell (a material with higher Young's modulus) containing slits of different directions and lengths, produces a variety of motions, including bending, twisting, contraction, and elongation. The requisite pressure for actuation depends on the length of the slits, and this dependence allows sequential actuation by controlling the applied pressure. Different actuators can also be controlled using external sliders that act as reprogrammable on-off switches. A pneumatic arm and a walker constructed from SLiT actuators demonstrate their ease of fabrication and the range of motions they can achieve

    Parallel Optimization of Synthetic Pathways within the Network of Organic Chemistry

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    Finding a needle in a haystack : The number of possible synthetic pathways leading to the desired target of a synthesis can be astronomical (1019 within five synthetic steps). Algorithms are described that navigate through the entire known chemical???synthetic knowledge to identify optimal synthetic pathways. Examples are provided to illustrate single???target optimization and parallel optimization of syntheses leading to multiple targets

    Sources and Dynamics of Fluorescent Particles in Hospitals

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    Fluorescent particles can be markers of bioaerosols and are therefore relevant to nosocomial infections. To date, little research has focused on fluorescent particles in occupied indoor environments, particularly hospitals. In this study, we aimed to determine the spatial and temporal variation of fluorescent particles in two large hospitals in Brisbane, Australia (one for adults and one for children). We used an Ultraviolet Aerodynamic Particle Sizer (UVAPS) to identify fluorescent particle sources, as well as their contribution to total particle concentrations. We found that the average concentrations of both fluorescent and non‐fluorescent particles were higher in the adults’ hospital (0.06×106 and 1.20×106 particles/m3, respectively) than in the children\u27s hospital (0.03×106 and 0.33×106 particles/m3, respectively) (

    Transcending sovereignty : locating Indigenous peoples in transboundary water law

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    All people rely upon water for life. Indigenous peoples are especially vulnerable to water conflicts and yet lack recognition in international water law. This thesis adopts Critical Race Theory to examine the intersection between transboundary water law, the doctrine of sovereignty and the international law of Indigenous peoples. The methodology adopted in this thesis includes: (i) a deconstruction of the UN Watercourse Convention and the doctrine of sovereignty; (ii) a review of Indigenous perspectives on sovereignty; and (iii) a proposal for the reconstruction of transboundary water law in a manner that recognizes the internationally affirmed rights of Indigenous peoples. A deconstruction of the UN Watercourse Convention and related discourse reveals that state-centric approaches to transboundary water law fail to recognize Indigenous peoples’ international rights or the pivotal role that Indigenous peoples’ traditional knowledge might play in transcending conflict. Case examples are provided (Columbia River and Tsangpo-Brahmaputra River) that illustrate the vulnerability of Indigenous peoples in the face of state development agreements. The inequities that exist in international water law are rooted in the historical doctrine of sovereignty which has evolved to subordinate Indigenous peoples’ interests to state interests. Indigenous perspectives regarding sovereignty provide a counter-point to the dominant legal discourse and weave an alternate narrative that challenges the myth of objectivity and neutrality that surrounds the doctrine of sovereignty and international law generally. Once we recognize that sovereignty is a social construct, we can recognize our collective ability to reconstruct international laws in a manner that transcends the sovereign discourse and recognizes the rights of Indigenous peoples. Endorsement of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is indicative of states’ commitment to recognize Indigenous peoples’ rights throughout the international legal system. This thesis concludes by offering a proposal for reconstructing transboundary water law through a return to ethics and coalition building. Future reform should be directed towards (a) articulating an international water ethic with the critical engagement of Indigenous peoples; and (b) ensuring that river basin organizations are established on every transboundary river in a manner consistent with this shared international water ethic.Law, Faculty ofGraduat
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