The ambivalent shadow of the pre-Wilsonian rise of international law

The generation of American international lawyers who founded the American Society of International Law in 1906 and nurtured the soil for what has been retrospectively called a “moralistic legalistic approach to international relations” remains little studied. A survey of the rise of international legal literature in the U.S. from the mid-19th century to the eve of the Great War serves as a backdrop to the examination of the boosting effect on international law of the Spanish American War in 1898. An examination of the Insular Cases before the US Supreme Court is then accompanied by the analysis of a number of influential factors behind the pre-war rise of international law in the U.S. The work concludes with an examination of the rise of natural law doctrines in international law during the interwar period and the critiques addressed.by the realist founders of the field of “international relations” to the “moralistic legalistic approach to international relation

The Stratigraphic Record of Pre-breakup Geodynamics: Evidence from the Barrow Delta, offshore Northwest Australia

The structural and stratigraphic evolution of rift basins and passive margins has been widely studied, with many analyses demonstrating that delta systems can provide important records of post-rift geodynamic processes. However, the apparent lack of ancient syn-breakup delta systems and the paucity of seismic imaging across continent-ocean boundaries means the transition from continental rifting to oceanic spreading remains poorly understood. The Early Cretaceous Barrow Group of the North Carnarvon Basin, offshore NW Australia was a major deltaic system that formed during the latter stages of continental rifting, and represents a rich sedimentary archive, documenting uplift, subsidence and erosion of the margin. We use a regional database of 2D and 3D seismic and well data to constrain the internal architecture of the Barrow Group. Our results highlight three major depocentres: the Exmouth and Barrow sub-basins, and southern Exmouth Plateau. Over-compaction of pre-Cretaceous sedimentary rocks in the South Carnarvon Basin, and pervasive reworking of Permian and Triassic palynomorphs in the offshore Barrow Group, suggests that the onshore South Carnarvon Basin originally contained a thicker sedimentary succession, which was uplifted and eroded prior to breakup. Backstripping of sedimentary successions encountered in wells in the Exmouth Plateau depocentre indicate anomalously rapid tectonic subsidence (≤0.24 mm yr-1) accommodated Barrow Group deposition, despite evidence for minimal, contemporaneous upper crustal extension. Our results suggest that classic models of uniform extension cannot account for the observations of uplift and subsidence in the North Carnarvon Basin, and may indicate a period of depth-dependent extension or dynamic topography preceding breakup

Enhanced Water Quality Protection in Florida: An Analysis of the Regulatory and Practical Significance of an Outstanding Florida Water Designation

The Outstanding Florida Water (OFW) designation is the highest protection offered to a body of water by the state of Florida and is available only to those waters whose “natural attributes” warrant it. An OFW designation provides that water body with an antidegradation standard for certain activities affecting its water quality. Ordinarily, waters in Florida must meet the criteria established by rule for their respective class of water (based on the Florida water body classification system), regardless of existing water quality. Once a water body is designated as an OFW, however, a baseline water quality standard is set based on the ambient water quality of that particular water body. Because the OFW water quality standard may be higher than the rule-based water quality classification criteria, regulated activities that may affect the OFW are subject to additional scrutiny by regulatory agencies. In addition, those activities not necessarily occurring within an OFW, but that may “significantly degrade” an OFW, are subject to heightened scrutiny. The ability of current OFW regulation to fulfill the legislative intent behind the OFW designation remains uncertain. Judicial and administrative case law addressing OFWs provide little clear guidance in interpreting the statutory standards for the issuance of permits in or affecting OFWs, especially the “clearly in the public interest” standard. The Florida Department of Environmental Protection (FDEP) should consider adopting for the OFW Program the type of public interest benefits/costs balancing test currently provided for in Aquatic Preserves Program rules. This test creates a discernible distinction between the public interest standard for submerged lands activities that are within aquatic preserves as opposed to those occurring outside of the preserves. The effect of the OFW designation on water quality parameters subject to a narrative standard (nutrients), and on water quality parameters that are not currently established by rule (e.g. emerging pathogens of concern) has not been established. In addition OFWs do not appear to enjoy any special consideration as designated uses subject to impaired waters restoration. The definitions of non-degradation and of ambient water quality for the purposes of OFW designation should be amended to ensure that they contemplate degradation by contaminants other than the current rule–based list of water quality standards and criteria. The extent to which Best Management Practices (BMPs) for silviculture operations are sufficient to safeguard OFW water quality may require further research. In addition, the extent to which the OFW statute and rules recognize the ecological role and recreational value of riparian zones remains in question. This should be clarified by the FDEP

Survey of H-alpha emission from thirty nearby dwarf galaxies

Measurements of the H-alpha flux from 30 neighboring dwarf galaxies are presented. After correction for absorption, these fluxes are used to estimate the star formation rate (SFR). The SFR for 18 of the galaxies according to the H-alpha emission are compared with estimates of the SFR from FUV magnitudes obtained with the GALEX telescope. These are in good agreement over the range log[SFR] = [-3,0]M sun/yr.Comment: 18 pages, 10 figures, 3 table

New spaces for nature: The re-territorialisation of biodiversity conservation under neoliberalism in the UK

Biodiversity conservation is a fundamentally spatial practice. For more than a century, conservation's leading strategy has been the establishment of protected areas. Governance by the state has been central to conservation's claim to territory. In the UK, the established approach to biodiversity conservation concentrated on spatial strategies of territorialisation to secure particular outcomes in relatively small pieces of land, set aside as protected areas. However, this strategy has begun to change, and conservation's expanding territorial claims have been expressed through new models of large-scale conservation. A series of projects developed by non-governmental conservation organisations seek to extend conservation management over larger areas of land. In this paper we consider these developments as a form of re-territorialisation, a reframing and extension of conservation's spatial claims. We describe how conservation's ambitions have been reformed and extended and discuss evidence on the growth of large-scale biodiversity conservation projects in the UK. We then consider the implications of these changes in the light of the neoliberalisation of conservation.This is the accepted manuscript. The final version is available from Wiley at http://onlinelibrary.wiley.com/doi/10.1111/tran.12050/abstract

Regulating Systemic Risk: Towards an Analytical Framework

The global financial crisis demonstrated the inability and unwillingness of financial market participants to safeguard the stability of the financial system. It also highlighted the enormous direct and indirect costs of addressing systemic crises after they have occurred, as opposed to attempting to prevent them from arising. Governments and international organizations are responding with measures intended to make the financial system more resilient to economic shocks, many of which will be implemented by regulatory bodies over time. These measures suffer, however, from the lack of a theoretical account of how systemic risk propagates within the financial system and why regulatory intervention is needed to disrupt it. In this Article, we address this deficiency by examining how systemic risk is transmitted. We then proceed to explain why, in the absence of regulation, market participants cannot be relied upon to disrupt or otherwise limit the transmission of systemic risk. Finally, we advance an analytical framework to inform systemic risk regulation