A Contractual Approach to Investor-State Regulatory Disputes

International investment arbitral tribunals are increasingly tasked with resolving regulatory disputes. This relatively new form of dispute involves a challenge by a foreign investor to a host state’s generally applicable regulation, enacted in good faith to promote the public interest but resulting incidentally in harm to the investor’s business. Such claims typically invoke the “fair and equitable treatment” standard provided for in the bilateral investment treaty between the host state and the investor’s home state. The dominant view among commentators, and increasingly among the tribunals themselves, is that regulatory disputes should be analyzed within a public law framework, using tools derived from constitutional or administrative law. That means, for example, balancing the investor’s rights and host state’s regulatory concerns as part of a proportionality analysis. I argue that the public law approach is flawed because it requires tribunals to weigh incommensurable values and ultimately to make policy judgments when they lack the expertise and legitimacy to do so. This Article proposes that tribunals instead draw on tools from contract law and theory to approximate what the contracting states intended when they agreed to a fair and equitable treatment standard. The investment treaties themselves give no guidance on how that standard should be applied to regulatory disputes. When courts confront similar gaps in contracts, they do not simply abandon the inquiry into the parties’ intent but instead apply additional tools or principles to form the best possible estimate. The Article explores three specific tools: a default rule approach and two default standards derived from contract law’s analysis of changed circumstances. More generally, I argue that a contractual approach, by focusing tribunals on the contracting states’ intent rather than requiring them to independently assess the substance of a host state’s policy, will facilitate more principled reasoning as well as enhance the tribunals’ legitimacy, and thereby better promote the goals of international investment in the long run

Image resonance in the many-body density of states at a metal surface

The electronic properties of a semi-infinite metal surface without a bulk gap are studied by a formalism that is able to account for the continuous spectrum of the system. The density of states at the surface is calculated within the GW approximation of many-body perturbation theory. We demonstrate the presence of an unoccupied surface resonance peaked at the position of the first image state. The resonance encompasses the whole Rydberg series of image states and cannot be resolved into individual peaks. Its origin is the shift in spectral weight when many-body correlation effects are taken into account

Benchmarking of T cell receptor repertoire profiling methods reveals large systematic biases

Monitoring the T cell receptor (TCR) repertoire in health and disease can provide key insights into adaptive immune responses, but the accuracy of current TCR sequencing (TCRseq) methods is unclear. In this study, we systematically compared the results of nine commercial and academic TCRseq methods, including six rapid amplification of complementary DNA ends (RACE)-polymerase chain reaction (PCR) and three multiplex-PCR approaches, when applied to the same T cell sample. We found marked differences in accuracy and intra- and inter-method reproducibility for T cell receptor α (TRA) and T cell receptor β (TRB) TCR chains. Most methods showed a lower ability to capture TRA than TRB diversity. Low RNA input generated non-representative repertoires. Results from the 5' RACE-PCR methods were consistent among themselves but differed from the RNA-based multiplex-PCR results. Using an in silico meta-repertoire generated from 108 replicates, we found that one genomic DNA-based method and two non-unique molecular identifier (UMI) RNA-based methods were more sensitive than UMI methods in detecting rare clonotypes, despite the better clonotype quantification accuracy of the latter

Interactive handwriting recognition with limited user effort

The final publication is available at Springer via http://dx.doi.org/10.1007/s10032-013-0204-5[EN] Transcription of handwritten text in (old) documents is an important, time-consuming task for digital libraries. Although post-editing automatic recognition of handwritten text is feasible, it is not clearly better than simply ignoring it and transcribing the document from scratch. A more effective approach is to follow an interactive approach in which both the system is guided by the user, and the user is assisted by the system to complete the transcription task as efficiently as possible. Nevertheless, in some applications, the user effort available to transcribe documents is limited and fully supervision of the system output is not realistic. To circumvent these problems, we propose a novel interactive approach which efficiently employs user effort to transcribe a document by improving three different aspects. Firstly, the system employs a limited amount of effort to solely supervise recognised words that are likely to be incorrect. Thus, user effort is efficiently focused on the supervision of words for which the system is not confident enough. Secondly, it refines the initial transcription provided to the user by recomputing it constrained to user supervisions. In this way, incorrect words in unsupervised parts can be automatically amended without user supervision. Finally, it improves the underlying system models by retraining the system from partially supervised transcriptions. In order to prove these statements, empirical results are presented on two real databases showing that the proposed approach can notably reduce user effort in the transcription of handwritten text in (old) documents.The research leading to these results has received funding from the European Union Seventh Framework Programme (FP7/2007-2013) under Grant Agreement No 287755 (transLectures). Also supported by the Spanish Government (MICINN, MITyC, "Plan E", under Grants MIPRCV "Consolider Ingenio 2010", MITTRAL (TIN2009-14633-C03-01), erudito.com (TSI-020110-2009-439), iTrans2 (TIN2009-14511), and FPU (AP2007-02867), and the Generalitat Valenciana (Grants Prometeo/2009/014 and GV/2010/067).Serrano Martinez Santos, N.; Giménez Pastor, A.; Civera Saiz, J.; Sanchis Navarro, JA.; Juan Císcar, A. (2014). Interactive handwriting recognition with limited user effort. International Journal on Document Analysis and Recognition. 17(1):47-59. https://doi.org/10.1007/s10032-013-0204-5S4759171Agua, M., Serrano, N., Civera, J., Juan, A.: Character-based handwritten text recognition of multilingual documents. In: Proceedings of Advances in Speech and Language Technologies for Iberian Languages (IBERSPEECH 2012), Madrid (Spain), pp. 187–196 (2012)Ahn, L.V., Maurer, B., Mcmillen, C., Abraham, D., Blum, M.: reCAPTCHA: human-based character recognition via web security measures. 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A pilot study for channel catfish whole genome sequencing and de novo assembly

<p>Abstract</p> <p>Background</p> <p>Recent advances in next-generation sequencing technologies have drastically increased throughput and significantly reduced sequencing costs. However, the average read lengths in next-generation sequencing technologies are short as compared with that of traditional Sanger sequencing. The short sequence reads pose great challenges for <it>de novo </it>sequence assembly. As a pilot project for whole genome sequencing of the catfish genome, here we attempt to determine the proper sequence coverage, the proper software for assembly, and various parameters used for the assembly of a BAC physical map contig spanning approximately a million of base pairs.</p> <p>Results</p> <p>A combination of low sequence coverage of 454 and Illumina sequencing appeared to provide effective assembly as reflected by a high N50 value. Using 454 sequencing alone, a sequencing depth of 18 X was sufficient to obtain the good quality assembly, whereas a 70 X Illumina appeared to be sufficient for a good quality assembly. Additional sequencing coverage after 18 X of 454 or after 70 X of Illumina sequencing does not provide significant improvement of the assembly. Considering the cost of sequencing, a 2 X 454 sequencing, when coupled to 70 X Illumina sequencing, provided an assembly of reasonably good quality. With several software tested, Newbler with a seed length of 16 and ABySS with a K-value of 60 appear to be appropriate for the assembly of 454 reads alone and Illumina paired-end reads alone, respectively. Using both 454 and Illumina paired-end reads, a hybrid assembly strategy using Newbler for initial 454 sequence assembly, Velvet for initial Illumina sequence assembly, followed by a second step assembly using MIRA provided the best assembly of the physical map contig, resulting in 193 contigs with a N50 value of 13,123 bp.</p> <p>Conclusions</p> <p>A hybrid sequencing strategy using low sequencing depth of 454 and high sequencing depth of Illumina provided the good quality assembly with high N50 value and relatively low cost. A combination of Newbler, Velvet, and MIRA can be used to assemble the 454 sequence reads and the Illumina reads effectively. The assembled sequence can serve as a resource for comparative genome analysis. Additional long reads using the third generation sequencing platforms are needed to sequence through repetitive genome regions that should further enhance the sequence assembly.</p