Unstable Identities: The European Court of Human Rights and the Margin of Appreciation

All legal systems work under a master narrative – the self-conception of most actors of the system itself. A master narrative is a short and simple story and it is the underlying premise upon which any legal system is based. It is a simple story because it paints the system in quick broad brushstrokes and at (most) times is oblivious to the paradoxes within it. Furthermore, a master narrative is important for legitimization purposes because the actors’ legitimacy will depend on their (perceived) conformity with the system’s master narrative. Therefore, legitimacy is self-referential; the yardsticks for a legitimate action are contained within the system’s master narrative, not outside of it. When talking about different international courts it is important to remember that they are embedded within a master narrative that is contextual and contingent and, at different points, more or less contested. This paper explores the question of what happens when the master-narrative is in a period of transition (from a state cantered to a post-national world order) and when the actors’ legitimacy, their interpretative endeavours the very fundamentals are in a state of flux. I use the margin of appreciation discussion as a focal point of describing the conflicting narratives under which the European Court of Human Rights works, narratives in which the different actors (judges, attorneys, NGO activists, government agents) and their consequences in terms of the interpretation of the European Convention on Human Rights

Variable coordination of amine functionalised N-heterocyclic carbene ligands to Ru, Rh and Rr: C-H and N-H activation and catalytic transfer hydrogenation

Chelating amine and amido complexes of late transition metals are highly valuable bifunctional catalysts in organic synthesis, but complexes of bidentate amine–NHC and amido–NHC ligands are scarce. Hence, we report the reactions of a secondary-amine functionalised imidazolium salt 2a and a primary-amine functionalised imidazolium salt 2b with [( p -cymene)RuCl 2 ] 2 and [Cp*MCl 2 ] 2 (M = Rh, Ir). Treating 2a with [Cp*MCl 2 ] 2 and NaOAc gave the cyclometallated compounds Cp*M(C,C)I (M = Rh, 3 ;M = Ir, 4 ), resulting from aromatic C–H activation. In contrast, treating 2b with [( p -cymene)RuCl 2 ] 2 ,Ag 2 O and KI gave the amine–NHC complex [( p -cymene)Ru(C,NH 2 )I]I ( 5 ). The reaction of 2b with [Cp*MCl 2 ] 2 (M = Rh, Ir), NaO t Bu and KI gave the amine–NHC complex [Cp*Rh(NH 2 )I]I ( 6 ) or the amido–NHC complex Cp*Ir(C,NH)I ( 7 ); both protonation states of the Ir complex could be accessed: treating 7 with trifluoroacetic acid gave the amine–NHC complex [Cp*Ir(C,NH 2 )I][CF 3 CO 2 ]( 8 ). These are the first primary amine– or amido–NHC complexes of Rh and Ir. Solid-state structures of the complexes 3–8 have been determined by single crystal X-ray diffraction. Complexes 5 , 6 and 7 are pre-catalysts for the catalytic transfer hydrogenation of acetophenone to 1-phenylethanol, with ruthenium complex 5 demonstrating especially high reactivity

Life in a warm deep sea: routine activity and burst swimming performance of the shrimp Acanthephyra eximia in the abyssal Mediterranean

Measurements of routine swimming speed, "tail-flip'' escape responses, and oxygen consumptions were made of the deep-sea shrimp Acanthephyra eximia using autonomous landers in the Rhodos Basin at depths of up to 4,400 m and temperatures of 13 - 14.5 degrees C. Routine swimming speeds at 4,200 m averaged 0.18 m s(-1) or 3.09 body lengths s(-1), approximately double those of functionally similar oceanic scavengers. During escape responses peak accelerations of 23 m s(-2) or 630.6 body lengths s(-2) were recorded, with animals reaching speeds of 1.61 m s(-1) or 34.8 body lengths s(-2). When compared to shallow-water decapods at similar temperatures these values are low for a lightly calcified shrimp such as A. eximia despite a maximum muscle mass specific power output of 90.0 W kg(-1). A preliminary oxygen consumption measurement indicated similar rates to those of oceanic crustacean scavengers and shallower-living Mediterranean crustaceans once size and temperature had been taken into account. These animals appear to have high routine swimming speeds but low burst muscle performances. This suite of traits can be accounted for by high competition for limited resources in the eastern Mediterranean, but low selective pressure for burst swimming due to reductions in predator pressure

Antimicrobials: a global alliance for optimizing their rational use in intra-abdominal infections (AGORA)

Intra-abdominal infections (IAI) are an important cause of morbidity and are frequently associated with poor prognosis, particularly in high-risk patients. The cornerstones in the management of complicated IAIs are timely effective source control with appropriate antimicrobial therapy. Empiric antimicrobial therapy is important in the management of intra-abdominal infections and must be broad enough to cover all likely organisms because inappropriate initial antimicrobial therapy is associated with poor patient outcomes and the development of bacterial resistance. The overuse of antimicrobials is widely accepted as a major driver of some emerging infections (such as C. difficile), the selection of resistant pathogens in individual patients, and for the continued development of antimicrobial resistance globally. The growing emergence of multi-drug resistant organisms and the limited development of new agents available to counteract them have caused an impending crisis with alarming implications, especially with regards to Gram-negative bacteria. An international task force from 79 different countries has joined this project by sharing a document on the rational use of antimicrobials for patients with IAIs. The project has been termed AGORA (Antimicrobials: A Global Alliance for Optimizing their Rational Use in Intra-Abdominal Infections). The authors hope that AGORA, involving many of the world's leading experts, can actively raise awareness in health workers and can improve prescribing behavior in treating IAIs

Incorporation of genuine prior information in cost-effectiveness analysis of clinical trial data

The Bayesian approach to statistics has been growing rapidly in popularity as an alternative to the frequentist approach in the appraisal of heathcare technologies in clinical trials. Bayesian methods have significant advantages over classical frequentist statistical methods and the presentation of evidence to decision makers. A fundamental feature of a Bayesian analysis is the use of prior information as well as the clinical trial data in the final analysis. However, the incorporation of prior information remains a controversial subject that provides a potential barrier to the acceptance of practical uses of Bayesian methods. The pur pose of this paper is to stimulate a debate on the use of prior information in evidence submitted to decision makers. We discuss the advantages of incorporating genuine prior information in cost-effectiveness analyses of clinical trial data and explore mechanisms to safeguard scientific rigor in the use of such prior information

The role of interfaces in CoFe/IrMn exchange biased systems

A trilayer system consisting of an IrMn layer exchanged coupled to two CoFe layers of equal thickness has been studied. A single stage reversal was observed over a wide range of temperatures. Two bilayers with the same thicknesses of the pinning layer but different ferromagnetic thicknesses were also studied. By comparing the magnetic properties of these three stacks the effect of the interfacial area on the exchange field and the coercivity has been determined. We find that the interfacial area has a very minor effect on the exchange field H-ex and the blocking temperature (T-B) but causes a doubling of the coercivity (H-c). This indicates that H-c is dominated by the interface whereas the exchange bias is controlled by volumetric effects

Differential effects of clinically used derivatives and metabolites of artemisinin in the activation of constitutive androstane receptor isoforms

BACKGROUND AND PURPOSE Widespread resistance to antimalarial drugs requires combination therapies with increasing risk of pharmacokinetic drugdrug interactions. Here, we explore the capacity of antimalarial drugs to induce drug metabolism via activation of constitutive androstane receptors (CAR) by ligand binding. EXPERIMENTAL APPROACH A total of 21 selected antimalarials and 11 major metabolites were screened for binding to CAR isoforms using cellular and in vitro CAR-coactivator interaction assays, combined with in silico molecular docking. Identified ligands were further characterized by cell-based assays and primary human hepatocytes were used to elucidate induction of gene expression. KEY RESULTS Only two artemisinin derivatives arteether and artemether, the metabolite deoxyartemisinin and artemisinin itself demonstrated agonist binding to the major isoforms CAR1 and CAR3, while arteether and artemether were also inverse agonists of CAR2. Dihydroartemisinin and artesunate acted as weak inverse agonists of CAR1. While arteether showed the highest activities in vitro, it was less active than artemisinin in inducing hepatic CYP3A4 gene expression in hepatocytes. CONCLUSIONS AND IMPLICATIONS Artemisinin derivatives and metabolites differentially affect the activities of CAR isoforms and of the pregnane X receptor (PXR). This negates a common effect of these drugs on CAR/PXR-dependent induction of drug metabolism and further provides an explanation for artemisinin consistently inducing cytochrome P450 genes in vivo, whereas arteether and artemether do not. All these drugs are metabolized very rapidly, but only artemisinin is converted to an enzyme-inducing metabolite. For better understanding of pharmacokinetic drugdrug interaction possibilities, the inducing properties of artemisinin metabolites should be considered.German Federal Ministry of Education and Research (BMBF) HepatosSys network [0313081B, 0313080F, 0313080I]; Deutsche Forschungsgemeinschaft (Germany) [KE 1629/1-1]; Robert Bosch Foundation, Stuttgart, Germanyinfo:eu-repo/semantics/publishedVersio

Exact impulsive gravitational waves in spacetimes of constant curvature

Exact solutions exist which describe impulsive gravitational waves propagating in Minkowski, de Sitter, or anti-de Sitter universes. These may be either nonexpanding or expanding. Both cases in each background are reviewed here from a unified point of view. All the main methods for their construction are described systematically: the Penrose "cut and paste" method, explicit construction of continuous coordinates, distributional limits of sandwich waves, embedding from higher dimensions, and boosts of sources or limits of infinite accelerations. Attention is concentrated on the most interesting specific solutions. In particular, the nonexpanding impulsive waves that are generated by null multipole particles are described. These generalize the well-known Aichelburg-Sexl and Hotta-Tanaka monopole solutions. Also described are the expanding spherical impulses that are generated by snapping and colliding strings. Geodesics and some other properties of impulsive wave spacetimes are also summarized.Comment: 33 pages, LaTeX 2e, in Gravitation: Following the Prague Inspiration (To celebrate the 60th birthday of Jiri Bicak), O.Semerak, J.Podolsky, M.Zofka (eds.), World Scientific, Singapore, to appear in 2002, pp 205-24

Boundary Quantum Mechanics

A reformulation of a physical theory in which measurements at the initial and final moments of time are treated independently is discussed, both on the classical and quantum levels. Methods of the standard quantum mechanics are used to quantize boundary phase space to obtain boundary quantum mechanics -- a theory that does not depend on the distinction between the initial and final moments of time, a theory that can be formulated without reference to the causal structure. As a supplementary material, the geometrical description of quantization of a general (e.g. curved) configuration space is presented.Comment: 35 pages, in Gravitation: Following the Prague Inspiration (To celebrate the 60th birthday of Jiri Bicak), O.Semerak, J.Podolsky, M.Zofka (eds.), World Scientific, Singapore, 2002, pp. 289--32