296 research outputs found

    The Right of States to Regulate in Risk-Averse Areas and the ECtHR Concept of Margin of Appreciation in the WTO US-Cool Article 21.5 Decision

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    This paper aims to explore the constituent grammars of the margin of appreciation as a concept, and the way it is used by world trade judges, as well as the reasons for, and the immediate and potential outcomes directly and indirectly arising from, the plea to the concept when deciding WTO disputes relating to domestic societal regulation. In doing so, it is particularly important to demonstrate, through a detailed analysis of GATT and WTO jurisprudence, that GATT/WTO judges have applied the necessity test in order to follow different political agendas at different times – and also using the necessity narrative in various ways, including the hypothetical aim to ‘discipline’ members to regulate in the least trade-restrictive way possible. Until the US-COOL Article 21.5 decision, under the TBT, world trade adjudicators, and especially the Appellate Body, added nuances to the necessity test with considerations related to the right of WTO members to regulate in order to set their own level of protection. The latest relevant interpretative development in US-COOL Article 21.5, namely the WTO Appellate Body’s plea for the margin of appreciation concept, may have interesting implications for future WTO jurisprudence. At least two scenarios are possible. Either the Appellate Body has tacitly suggested in this ruling that members have certain discretion in considering what could constitute a legitimate objective of a particular regulation. Or the Appellate Body’s interpretation implies that the permissible degree of regulatory discretion of members actually rather depends on the importance of the objective to a member, and not – or to a lesser extent – on its legitimacy, so the latter should not be placed under strict scrutiny

    The Right of States to Regulate in Risk-Averse Areas and the ECtHR Concept of Margin of Appreciation in the WTO US-Cool Article 21.5 Decision

    Get PDF
    This paper aims to explore the constituent grammars of the margin of appreciation as a concept, and the way it is used by world trade judges, as well as the reasons for, and the immediate and potential outcomes directly and indirectly arising from, the plea to the concept when deciding WTO disputes relating to domestic societal regulation. In doing so, it is particularly important to demonstrate, through a detailed analysis of GATT and WTO jurisprudence, that GATT/WTO judges have applied the necessity test in order to follow different political agendas at different times – and also using the necessity narrative in various ways, including the hypothetical aim to ‘discipline’ members to regulate in the least trade-restrictive way possible. Until the US-COOL Article 21.5 decision, under the TBT, world trade adjudicators, and especially the Appellate Body, added nuances to the necessity test with considerations related to the right of WTO members to regulate in order to set their own level of protection. The latest relevant interpretative development in US-COOL Article 21.5, namely the WTO Appellate Body’s plea for the margin of appreciation concept, may have interesting implications for future WTO jurisprudence. At least two scenarios are possible. Either the Appellate Body has tacitly suggested in this ruling that members have certain discretion in considering what could constitute a legitimate objective of a particular regulation. Or the Appellate Body’s interpretation implies that the permissible degree of regulatory discretion of members actually rather depends on the importance of the objective to a member, and not – or to a lesser extent – on its legitimacy, so the latter should not be placed under strict scrutiny

    Virtualization of social activity of youth

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    Рассматриваются проблемы расширение численности Интернет-пользователей и виртуализации социальной активности молодежиDiscusses the problem of expansion of the Internet users are and the virtualization of social activity of yout

    New Species of Myxosporea from Genus Kudoa (Myxosporea, Multivalvulida) Found in Muscles of Some Fishes the Sea of Japan

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    Приведено описание двух новых видов миксоспоридий рода Kudoa из скелетной мускулатуры южного одноперого и восьмилинейного терпуга (Kudoa azoni) и малого окуня (Kudoa sebastea), выловленных в заливе Петра Великого (Японское море).Two newey found species of myxosporeans are described from muscles of greenlings (Kudoa azoni) and perch (Kudoa sebastea) caught in the Peter the Great Bay (Sea of Japan)

    Vipp1 structure and function in cyanobacteria and chloroplasts

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    The vesicle inducing protein in plastids 1 (Vipp1) is an essential factor for the development and maintenance of the thylakoid membrane. Depletion of Vipp1 in both Arabidopsis and Synechocystis mutants severely affects their ability to form thylakoids and consequently to perform photosynthesis. This work focuses on structural and functional properties of Vipp1. It was shown that Vipp1 assembles into a homooligomeric complex of ca. 2000 kDa. The presence of the Vipp1 complex was detected in cyanobacteria, green algae and higher plants, thereby identifying oligomerization as an essential feature for the function of Vipp1. A detailed computer analysis of Vipp1 secondary structure in different organisms revealed functionally important characteristics of the protein and allowed to discern specific features of its C-terminal domain. Based on the structural analysis, biochemical characterization of Vipp1 domains was carried out. It appeared that the PspA-like domain of Vipp1 is responsible for both complex formation and localisation of Vipp1 at the inner envelope of chloroplasts while the C-terminal domain is not involved in these processes. In order to closer elucidate the function of Vipp1, an analysis of Arabidopsis plants with moderate deficiency in Vipp1 protein level was performed. From results obtained in this analysis it can be proposed that Vipp1 acts at the initial stages of thylakoid biogenesis. Oligomerization of Vipp1 appeared to be a prerequisite for the process of thylakoid formation to commence. Moreover, the extent of thylakoid membrane formation is directly correlated to the amount of Vipp1 protein available in the chloroplast

    Preparation of regulatory documents for sodium heparin

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    Heparin is a direct-acting anticoagulant that regulates many biochemical and physiological processes. The quality of each drug or substance entering the market to the consumer, its packaging, storage conditions and shelf life, as well as quality control methods are established in accordance with the State Pharmacopoeia of the Russian Federation. However, despite the widespread use of heparin in medical practice, the State Pharmacopoeia of the Russian Federation XIV 2018 does not prescribe articles on the substance and drugs containing it as an active substance. Quality control of medicines is undoubtedly relevant. Thus, a negligent attitude in 2008 in China led to the fact that at the early stages of production, the drug was added to the sulfated chondroitin sulfate, which, like heparin, has anticoagulant properties, but is 100 times cheaper. As a result of the use of this drug, there have been more than 100 deaths in the United States and hundreds of serious adverse reactions in patients in Europe. In this regard, the purpose of this study is to determine the quality of heparin-containing injectable drugs
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