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

A first generation BAC-based physical map of the channel catfish genome

BACKGROUND: Channel catfish, Ictalurus punctatus, is the leading species in North American aquaculture. Genetic improvement of catfish is performed through selective breeding, and genomic tools will help improve selection efficiency. A physical map is needed to integrate the genetic map with the karyotype and to support fine mapping of phenotypic trait alleles such as Quantitative Trait Loci (QTL) and the effective positional cloning of genes. RESULTS: A genome-wide physical map of the channel catfish was constructed by High-Information-Content Fingerprinting (HICF) of 46,548 Bacterial Artificial Chromosomes (BAC) clones using the SNaPshot technique. The clones were assembled into contigs with FPC software. The resulting assembly contained 1,782 contigs and covered an estimated physical length of 0.93 Gb. The validity of the assembly was demonstrated by 1) anchoring 19 of the largest contigs to the microsatellite linkage map 2) comparing the assembly of a multi-gene family to Restriction Fragment Length Polymorphism (RFLP) patterns seen in Southern blots, and 3) contig sequencing. CONCLUSION: This is the first physical map for channel catfish. The HICF technique allowed the project to be finished with a limited amount of human resource in a high throughput manner. This physical map will greatly facilitate the detailed study of many different genomic regions in channel catfish, and the positional cloning of genes controlling economically important production traits

Construction and characterization of a BAC library from a gynogenetic channel catfish Ictalurus punctatus

A bacterial artificial chromosome (BAC) library was constructed by cloning HindIII-digested high molecular weight DNA from a gynogenetic channel catfish, Ictalurus punctatus, into the vector pBeloBAC11. Approximately 53 500 clones were arrayed in 384-well plates and stored at -80°C (CCBL1), while clones from a smaller insert size fraction were stored at -80°C without arraying (CCBL2). Pulsed-field gel electrophoresis of 100 clones after NotI digestion revealed an average insert size of 165 kb for CCBL1 and 113 kb for CCBL2. Further characterization of CCBL1 demonstrated that 10% of the clones did not contain an insert. CCBL1 provides a 7.2-fold coverage of the channel catfish haploid genome. PCR-based screening demonstrated that 68 out of 74 unique loci were present in the library. This represents a 92% chance to find a unique sequence. These libraries will be useful for physical mapping of the channel catfish genome, and identification of genes controlling major traits in this economically important species

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

Different resource allocation strategies result from selection for litter size at weaning in rabbit does

This study examined the effect of long-term selection of a maternal rabbit line, solely for a reproductive criterion, on the ability of female rabbits to deal with constrained environmental conditions. Female rabbits from generations 16 and 36 (n = 72 and 79, respectively) of a line founded and selected to increase litter size at weaning were compared simultaneously. Female rabbits were subjected to normal (NC), nutritional (NF) or heat (HC) challenging conditions from 1st to 3rd parturition. Animals in NC and NF were housed at normal room temperatures (18°C to 25°C) and respectively fed with control (11.6 MJ digestible energy (DE)/kg dry matter (DM), 126 g digestible protein (DP)/kg DM, and 168 g of ADF/kg DM) or low-energy fibrous diets (9.1 MJ DE/kg DM, 104 g DP/kg DM and 266 g ADF/kg DM), whereas those housed in HC were subjected to high room temperatures (25°C to 35°C) and the control diet. The litter size was lower for female rabbits housed in both NF and HC environments, but the extent and timing where this reduction took place differed between generations. In challenging conditions (NF and HC), the average reduction in the reproductive performance of female rabbits from generation 16, compared with NC, was &#8722;2.26 (P<0.05) and &#8722;0.51 kits born alive at 2nd and 3rd parturition, respectively. However, under these challenging conditions, the reproductive performance of female rabbits from generation 36 was less affected at 2nd parturition (&#8722;1.25 kits born alive), but showed a greater reduction at the 3rd parturition (&#8722;3.53 kits born alive; P<0.05) compared with NC. The results also showed differences between generations in digestible energy intake, milk yield and accretion, and use of body reserves throughout lactation in NC, HC and NF, which together indicate that there were different resource allocation strategies in the animals from the different generations. Selection to increase litter size at weaning led to increased reproductive robustness at the onset of an environmental constraint, but failure to sustain the reproductive liability when the challenge was maintained in the long term. This response could be directly related to the shortterm environmental fluctuations (less severe) that frequently occur in the environment where this line has been selected.The authors thank Professor Enrique Blas Ferrer for his valuable comments on the initial version of this document, Juan Carlos Moreno for his help in conducting the trial at the experimental farm, and the Ministry of Economy and Competitiveness (Project: AGL2011-30170-C02-01) for economic support.Savietto, D.; Cervera Fras, MC.; Ródenas Martínez, L.; Martínez Paredes, EM.; Baselga Izquierdo, M.; García Diego, FJ.; Larsen, T.... (2014). Different resource allocation strategies result from selection for litter size at weaning in rabbit does. Animal. 8(4):618-628. https://doi.org/10.1017/S1751731113002437S61862884García-Diego, F.-J., Pascual, J. J., & Marco, F. (2011). Technical Note: Design of a large variable temperature chamber for heat stress studies in rabbits. World Rabbit Science, 19(4). doi:10.4995/wrs.2011.938Ragab, M., & Baselga, M. (2011). A comparison of reproductive traits of four maternal lines of rabbits selected for litter size at weaning and founded on different criteria. Livestock Science, 136(2-3), 201-206. doi:10.1016/j.livsci.2010.09.009Friggens, N. C. (2003). Body lipid reserves and the reproductive cycle: towards a better understanding. Livestock Production Science, 83(2-3), 219-236. doi:10.1016/s0301-6226(03)00111-8Littell, R. C., Henry, P. R., & Ammerman, C. B. (1998). Statistical analysis of repeated measures data using SAS procedures. Journal of Animal Science, 76(4), 1216. doi:10.2527/1998.7641216xEstany, J., Baselga, M., Blasco, A., & Camacho, J. (1989). Mixed model methodology for the estimation of genetic response to selection in litter size of rabbits. Livestock Production Science, 21(1), 67-75. doi:10.1016/0301-6226(89)90021-3Fernández-Carmona, J., Alqedra, I., Cervera, C., Moya, J., & Pascual, J. J. (2003). Effect of lucerne-based diets on performance of reproductive rabbit does at two temperatures. Animal Science, 76(2), 283-295. doi:10.1017/s1357729800053534Fernández-Carmona, J., Cervera, C., Sabater, C., & Blas, E. (1995). Effect of diet composition on the production of rabbit breeding does housed in a traditional building and at 30°C. Animal Feed Science and Technology, 52(3-4), 289-297. doi:10.1016/0377-8401(94)00715-lHarano, Y., Ohtsuki, M., Ida, M., Kojima, H., Harada, M., Okanishi, T., … Shigeta, Y. (1985). Direct automated assay method for serum or urine levels of ketone bodies. Clinica Chimica Acta, 151(2), 177-183. doi:10.1016/0009-8981(85)90321-3Dauncey, M. J. (1990). Thyroid hormones and thermogenesis. Proceedings of the Nutrition Society, 49(2), 203-215. doi:10.1079/pns19900024Savietto, D., Blas, E., Cervera, C., Baselga, M., Friggens, N. C., Larsen, T., & Pascual, J. J. (2012). Digestive efficiency in rabbit does according to environment and genetic type. World Rabbit Science, 20(3). doi:10.4995/wrs.2012.1152Falconer, D. S. (1990). Selection in different environments: effects on environmental sensitivity (reaction norm) and on mean performance. Genetical Research, 56(1), 57-70. doi:10.1017/s0016672300028883Vicente, J., & García-Ximénez, F. (1993). Effects of strain and embryo transfer model (embryos from one versus two donor does/recipient) on results of cryopreservation in rabbit. Reproduction Nutrition Development, 33(1), 5-13. doi:10.1051/rnd:19930101Quiniou, N., Renaudeau, D., Dubois, S., & Noblet, J. (2000). Influence of high ambient temperatures on food intake and feeding behaviour of multiparous lactating sows. Animal Science, 70(3), 471-479. doi:10.1017/s1357729800051821Theilgaard, P., Sánchez, J. P., Pascual, J. J., Friggens, N. C., & Baselga, M. (2006). Effect of body fatness and selection for prolificacy on survival of rabbit does assessed using a cryopreserved control population. Livestock Science, 103(1-2), 65-73. doi:10.1016/j.livsci.2006.01.007Brecchia, G., Bonanno, A., Galeati, G., Federici, C., Maranesi, M., Gobbetti, A., … Boiti, C. (2006). Hormonal and metabolic adaptation to fasting: Effects on the hypothalamic–pituitary–ovarian axis and reproductive performance of rabbit does. Domestic Animal Endocrinology, 31(2), 105-122. doi:10.1016/j.domaniend.2005.09.006Piles, M., Garreau, H., Rafel, O., Larzul, C., Ramon, J., & Ducrocq, V. (2006). Survival analysis in two lines of rabbits selected for reproductive traits1. Journal of Animal Science, 84(7), 1658-1665. doi:10.2527/jas.2005-678Sanchez, J. P., Baselga, M., & Ducrocq, V. (2006). Genetic and environmental correlations between longevity and litter size in rabbits. Journal of Animal Breeding and Genetics, 123(3), 180-185. doi:10.1111/j.1439-0388.2006.00590.xQuevedo, F., Cervera, C., Blas, E., Baselga, M., & Pascual, J. J. (2006). Long-term effect of selection for litter size and feeding programme on the performance of reproductive rabbit does 2. Lactation and growing period. Animal Science, 82(5), 751-762. doi:10.1079/asc200688Vicente, J. S., & García-Ximénez, F. (1996). Direct transfer of vitrified rabbit embryos. Theriogenology, 45(4), 811-815. doi:10.1016/0093-691x(96)00010-6Coureaud, G., Fortun-Lamothe, L., Langlois, D., & Schaal, B. (2007). The reactivity of neonatal rabbits to the mammary pheromone as a probe for viability. animal, 1(7), 1026-1032. doi:10.1017/s1751731107000389Rommers, J. M., Boiti, C., Brecchia, G., Meijerhof, R., Noordhuizen, J. P. T. M., Decuypere, E., & Kemp, B. (2004). Metabolic adaptation and hormonal regulation in young rabbit does during long-term caloric restriction and subsequent compensatory growth. Animal Science, 79(2), 255-264. doi:10.1017/s1357729800090111Piles, M., García, M. L., Rafel, O., Ramon, J., & Baselga, M. (2006). Genetics of litter size in three maternal lines of rabbits: Repeatability versus multiple-trait models. Journal of Animal Science, 84(9), 2309-2315. doi:10.2527/jas.2005-622Garcı́a, M. L., & Baselga, M. (2002). Estimation of genetic response to selection in litter size of rabbits using a cryopreserved control population. Livestock Production Science, 74(1), 45-53. doi:10.1016/s0301-6226(01)00280-9Cervera, C., & Carmona, J. F. (s. f.). Nutrition and the climatic environment. Nutrition of the rabbit, 267-284. doi:10.1079/9781845936693.0267Nicodemus, N., Redondo, R., Pérez-Alba, L., Carabaño, R., De Blas, J. C., & García, J. (2010). Effect of level of fibre and type of grinding on the performance of rabbit does and their litters during the first three lactations. Livestock Science, 129(1-3), 186-193. doi:10.1016/j.livsci.2010.01.023Theilgaard, P., Sánchez, J., Pascual, J., Berg, P., Friggens, N. C., & Baselga, M. (2007). Late reproductive senescence in a rabbit line hyper selected for reproductive longevity, and its association with body reserves. Genetics Selection Evolution, 39(2), 207. doi:10.1186/1297-9686-39-2-207Martínez-Paredes, E., Ródenas, L., Martínez-Vallespín, B., Cervera, C., Blas, E., Brecchia, G., … Pascual, J. J. (2012). Effects of feeding programme on the performance and energy balance of nulliparous rabbit does. animal, 6(7), 1086-1095. doi:10.1017/s1751731111002643Baselga M 2004. Genetic improvement of meat rabbits. Programmes and diffusion. In Proceedings of 8th World Rabbit Science Congress, 5–7 September 2004, Puebla, Mexico, pp. 1–13