5,296 research outputs found
Mathematics Journals in a Time of Flux
The purpose of this study is to evaluate the relationship between learning style and level of engagement in math journal writing. After students completed a learning style assessment, they composed a series of 6 journal entries. Each entry was scored Engaged or Not Engaged. There is no statistically significant relationship between a student\u27s learning style and level of engagement. Thus, using a learning style intake assessment to qualify students for a journal writing program may not be appropriate. A teacher should examine the research literature for personally relevant examples and find a colleague at his or her school to facilitate the process of updating classroom practice before engaging in a major change
Implications of very rapid TeV variability in blazars
We discuss the implications of rapid (few-minute) variability in the TeV flux
of blazars, which has been observed recently with the HESS and MAGIC
telescopes. The variability timescales seen in PKS 2155-304 and Mrk 501 are
much shorter than inferred light-crossing times at the black hole horizon,
suggesting that the variability involves enhanced emission in a small region
within an outflowing jet. The enhancement could be triggered by dissipation in
part of the black hole's magnetosphere at the base of the outflow, or else by
instabilities in the jet itself. By considering the energetics of the observed
flares, along with the requirement that TeV photons escape without producing
pairs, we deduce that the bulk Lorentz factors in the jets must be >50. The
distance of the emission region from the central black hole is less
well-constrained. We discuss possible consequences for multi-wavelength
observations.Comment: 5 pages, no figures, accepted for publication in Monthly Notices of
the Royal Astronomical Society Letter
Variations on a Theme: Comparing the Concept of Necessity in International Investment Law and WTO Law
The concept of necessity is used in many legal systems to delimit permissible from prohibited measures where such measures negatively affect the regime\u27s primary values, such as human rights, liberalized trade, and protection of foreign investment. International investment tribunals have adopted a variety of approaches to the question of whether a measure is necessary to achieve its objective in relation to a number of provisions of investment treaties, including non-precluded measures clauses and fair and equitable treatment. Yet their approaches to this form of analysis are inconsistent and generally not analytically robust. By comparison, WTO tribunals have developed relatively sophisticated methods for analyzing a measure\u27s necessity to achieve its objective in the context of general exceptions, sanitary and phytosanitary measures and technical regulations. The WTO approach generally takes into account a number of factors, including the importance of a measure\u27s objective, a measure\u27s effectiveness at achieving that objective, and the availability of alternative measures. Importantly, WTO tribunals generally undertake this analysis with a degree of deference, in recognition of the right of governments to set their own policy priorities. Investment tribunals could usefully employ aspects of the WITO approach to necessity\u27 in the context of non-precluded measures, fair and equitable treatment, non-discrimination, and non-expropriation. Such an approach would go some way toward the development of a consistent, coherent bod of cases in relation to the concept of necessity in international investment law, providing greater certainty for both host states and investors
The Inherent Jurisdiction of WTO Tribunals: The Select Application of Public International Law Required by the Judicial Function
This Article explores whether World Trade Organization (WTO) panels and the Appellate Body (WTO Tribunals) have the power to apply certain rules of public international law by reason of their judicial character, and because the application of these rules is necessary for the proper exercise of their judicial function. In other words, it seeks to answer the following questions: Do WTO Tribunals have inherent jurisdiction? And, if so, what are some of the rules applicable under and limitations on this jurisdiction
CONVERGENCE & DIVERGENCE IN DIGITAL TRADE REGULATION: A COMPARATIVE ANALYSIS OF CP-TPP, RCEP, AND EJSI
The article provides an in-depth comparative legal analysis of the fundamental digital trade provisions in three modern trade agreements: the Comprehensive and Progressive Trans-Pacific Partnership Agreement (CP-TPP), Regional Comprehensive Economic Partnership Agreement (RCEP), and Joint Statement Initiative on electronic commerce (eJSI) draft text. It features new, diverse regulatory priorities and approaches to govern digital trade. The comparative analysis will enable policymakers and civil society to appreciate the underlying regulatory concerns in negotiating digital trade agreements. The analysis aims to support an advancement of such digital trade provisions and make these deliberations more inclusive in future
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Philip Morris vs. tobacco control: two wins for public health, but uncertainty remains
Two investment treaty claims launched by Philip Morris entities against tobacco control measures implemented by Australia and Uruguay have ended, with Philip Morris losing both disputes. This Perspective highlights these positive results from a public health viewpoint while emphasizing the continued need for reform of the investment regime
DON\u27T FENCE ME IN: REFORMING TRADE AND INVESTMENT LAW TO BETTER FACILITATE CROSS-BORDER DATA TRANSFER
The transfer of data across borders support s trade in most service industries around the world as well as the growth of traditional manufacturing sectors. However, several countries have begun to adopt laws impeding the cross-border transfer of data, ostensibly in pursuit of policy objectives such as national security, public morals or public order, and privacy. Such domestic measures create potential concerns under both international trade law and international investment law. Accordingly, recent trade and investment negotiations such as the Trans-Pacific Partnership Agreement (TPP) include specific provisions mandating the permissibility of cross-border data transfer and prohibiting data localization in certain circumstances
Food Miles: Environmental Protection or Veiled Protectionism?
This article examines the international trade, environmental, and development implications of campaigns to convince consumers to make food purchases based on food miles. Buying food from nearby sources has become a popular objective. One of the unmistakable messages of the “locavore” movement is that importing food – particularly food that comes from far away – causes environmental harm. The theory is that transporting food long distances results in the release of high levels of greenhouse gases (GHGs) into the atmosphere and is thus a dangerous contributor to climate change. Proponents of this view therefore argue that “food miles” – the distance food travels from farm to plate – should be kept to a minimum.
The problem is that in reality, food miles are a poor proxy for environmental harm. Studies have demonstrated that differences in farming methods as well as natural factor endowments can mean that growing some products locally may in fact result in more GHG emissions than importing those same products. Notwithstanding this disconnect, legislators frequently propose policies based on food miles. Were a government to permit discrimination on the basis of food miles, or to otherwise endorse such a policy through its actions, it could be vulnerable to a World Trade Organization (WTO) dispute resolution challenge.
We first explain the term “food miles”, and how the concept has been used around the world. Second, it addresses the use of food miles as an indicator of environmental harm. We argue that food miles are in fact a poor proxy of such harm, and therefore should not be used. Part III considers whether food miles labeling currently in use as well as legislation that has been proposed could be successfully challenged through a WTO dispute settlement proceeding. Our analysis includes a detailed examination of the three 2012 Appellate Body decisions addressing the TBT Agreement, US – Clove Cigarettes; US – Country of Origin Labeling (US-COOL); and US-Tuna II (Mexico), and as such will be one of the first articles to engage in such an assessment. Fourth, we address the implications for developing countries of actions taken to reduce food miles. And finally, we examine and critique alternatives to food miles for those wishing to reduce greenhouse gas emissions through farming and food consumption
Food Miles: Environmental Protection or Veiled Protectionism?
This article examines the international trade, environmental, and development implications of campaigns to convince consumers to make food purchases based on food miles. Buying food from nearby sources has become a popular objective. One of the unmistakable messages of the “locavore” movement is that importing food – particularly food that comes from far away – causes environmental harm. The theory is that transporting food long distances results in the release of high levels of greenhouse gases (GHGs) into the atmosphere and is thus a dangerous contributor to climate change. Proponents of this view therefore argue that “food miles” – the distance food travels from farm to plate – should be kept to a minimum.
The problem is that in reality, food miles are a poor proxy for environmental harm. Studies have demonstrated that differences in farming methods as well as natural factor endowments can mean that growing some products locally may in fact result in more GHG emissions than importing those same products. Notwithstanding this disconnect, legislators frequently propose policies based on food miles. Were a government to permit discrimination on the basis of food miles, or to otherwise endorse such a policy through its actions, it could be vulnerable to a World Trade Organization (WTO) dispute resolution challenge.
We first explain the term “food miles”, and how the concept has been used around the world. Second, it addresses the use of food miles as an indicator of environmental harm. We argue that food miles are in fact a poor proxy of such harm, and therefore should not be used. Part III considers whether food miles labeling currently in use as well as legislation that has been proposed could be successfully challenged through a WTO dispute settlement proceeding. Our analysis includes a detailed examination of the three 2012 Appellate Body decisions addressing the TBT Agreement, US – Clove Cigarettes; US – Country of Origin Labeling (US-COOL); and US-Tuna II (Mexico), and as such will be one of the first articles to engage in such an assessment. Fourth, we address the implications for developing countries of actions taken to reduce food miles. And finally, we examine and critique alternatives to food miles for those wishing to reduce greenhouse gas emissions through farming and food consumption
Food Miles: Environmental Protection or Veiled Protectionism?
Eat local. Such a small phrase yet such a loaded proposition. Buying food from nearby sources has become a popular objective. This aim is associated with helping farmers in one’s country or region; observing the seasonality of one’s location; eating fresher foods; striving for food security; and protecting the environment. One of the unmistakable messages of the “locavore” movement is that importing food—particularly food that comes from far away—causes environmental harm. The theory is that transporting food long distances results in the release of high levels of greenhouse gases (GHGs) into the atmosphere and is thus a dangerous contributor to climate change. Proponents of this view therefore argue that “food miles”—the distance food travels from farm to plate—should be kept to a minimum. Farming interests in countries that import significant amounts of agricultural products have sought regulations to differentiate between foods based on how far they have travelled. And some supermarkets, particularly in Europe, have been utilizing differential labeling, such as placing an airplane sticker on produce that has been air shipped. The overwhelming implication, then, is that the farther food travels from farm to plate, the more environmental harm is caused
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