Hard Cases Under the Convention on the International Sale of Goods: A Proposed Taxonomy of Interpretative Challenges

QC 20120703</p

Hard Cases Under the Convention on the International Sale of Goods: A Proposed Taxonomy of Interpretative Challenges

CISG was formally uniform at the time of its adoption. It used the same words in all of the jurisdictions adopting it. But uniform words are not enough to guarantee uniform application. For many commentators, in fact, the most significant impediment to the continued existence or efficacy of the CISG is the lack of uniform interpretive outcomes in hard CISG cases – cases where a CISG provision is vague either on its face or in its application. Without greater uniformity of interpretive outcomes, these commentators suggest, the CISG will, over time, fail to supply standard solutions to similar contracting problems and thus fail to supply the predictability that parties need. In this Article, Professor Allen Blair argues that these commentators start with an exaggerated expectation about the kind and degree of uniformity called for by the CISG and demanded by parties. Contrary to the standard conception of CISG interpretation, uniformity of interpretive outcomes is an improper goal with respect to CISG provisions cast as open-textured standards, and any effort to harden these standards into rigid rules could, in fact, undermine the efficiency goals of contracting parties

A review of the mallet impact test for small scale explosive formulations

Presented at 19th Seminar on New Trends of Energetic Materials (NTREM 2016); 20-22/04/2016, Pardubice Czech RepublicDevelopment of new explosive formulations begins with the generation of only a few milligrams of material which is investigated using a number of small scale tests such as DSC, TGA, response to flame, mallet impact (mallet friction either glancing or direct blow) to determine whether the formulation is safe to scale up to 10 g. The latter of these tests, mallet impact, can be particularly subjective as the result is directly influenced by the operator carrying out the assessment. Not only can there be a change from one operator to another but there can also be a change in the force applied during each strike potentially leading to inconsistent results. This study highlights this encountered variation and assesses the load applied by a variety of operators with varying levels of explosive experience. This paper also proposes the use of a small scale laboratory based impact test which would provide improved confidence in the assessment of impact sensitiveness of explosive formulations and assist in justifying whether a formulation can be taken to the next scale. A small scale version of the BAM impact test (EMTAP Test 43) has been devised that allows the comparison of the sensitiveness of small scale formulations relative to RDX (8.7 J, EMTAP Test 43B) whilst also ensuring a reproducible result

What do we really know about infants who attend Accident and Emergency departments?

Aims: Accident and Emergency attendances continue to rise. Infants are disproportionately represented. This study examines the clinical reasons infants attend UK Accident and Emergency departments. Methods: A retrospective review of 6,667 infants aged less than one year attending Accident and Emergency at two district general hospitals in London from 1st April 2009 to 30th March 2010. All infants had been assigned to a diagnostic category by the medical coding department according to National Health Service (NHS) data guidelines, based on the clinical diagnoses stated in the medical records. The Accident and Emergency case notes of a random subsample of 10% of infants in each of the top five recorded diagnostic categories (n = 535) were reviewed in detail and audited against the standard national NHS data set. Results: The top 5 clinical diagnoses were ‘infectious diseases’, ‘gastrointestinal’, ‘respiratory’, ‘unclassifiable’ and ‘no abnormality detected’ (NAD). A third of infants were originally given a diagnosis of unclassifiable (21.5%) or NAD (11.5%). After detailed case-note review, we were able to reduce this to 9.7% (95% confidence interval (CI): 9.0, 10.4) and 8.8% (95% CI: 8.1, 9.5), respectively. Conclusion: This study demonstrates the importance of providing a clear clinical diagnosis and coding system for Accident and Emergency attendances and understanding that system fully. This would allow for better informed health service evaluation, planning and research as each of these relies on the interpretation of routine health-care data. Furthermore, the relatively high proportion (10%) of infants attending with no discernible underlying medical abnormality suggests the health needs of a significant proportion of infants attending Accident and Emergency departments may be better addressed by alternative service provision and/or improved education and support to parents

Fabrication of titanium multi-wall Thermal Protection System (TPS) test panel arrays

Several arrays were designed and tested. Tests included vibrational and acoustical tests, radiant heating tests, and thermal conductivity tests. A feasible manufacturing technique was established for producing the protection system panels

Leisure Time and The Retiree.

2 p

Study of outgassing and decomposition of Space Shuttle heat protection tiles, fillers and adhesive

A purge and trap technique which was employed to collect and separate the chemicals desorbing from the space shuttle heat protection tiles is described. The instrumentation included a mass spectrometer and gas chromatograph

Causes and explanation of ''breakthrough phenomenon'' when LEM cooling system sublimator is fed with chlorinated feedwater

Comparison of chlorine or iodine use as feedwater bactericides in lunar excursion module cooling system sublimato