Altruism or Eurocentrism? : the Energy Charter Treaty, direct foreign investment in energy resources and infrastructure, and the Treaty's implications for Australia

University of Technology, Sydney. Faculty of Law.The Energy Charter Treaty (ECT) was initially promulgated as a European Union (EU) initiative designed to encourage economic development in Former Soviet Union (FSU) states through Foreign Direct Investment (FDI) in the energy sector by providing the legal framework within which contracts for energy projects may be formed. This framework provides stringent protection for FDI in all aspects of economic activity in the energy sector, inter alia: competition policy; national/most favoured nation treatment for investors by host states; freedom of movement for capital and investments, including the repatriation of profits; transit of energy supplies and products; environmental issues and dispute resolution. It is argued that, in reality, the ECT is not the result of altruism but the means by which the EU states are attempting to secure their energy supplies for the twenty first century. In the EU the demand for energy products, particularly electricity, oil and natural gas, is constantly increasing. Consequently, the genesis of the ECT is to be found in the EU's increasing need for secure sources of all energy products and materials as well as the oil crises of the 1970's, 80's and 90's. The Treaty is therefore very much the creature of the EU energy policies formulated during the last decades of the twentieth century. Further, it is argued that in order to achieve EU energy objectives, the provisions of the ECT have a number of practical legal effects which, whilst providing full protection for investments in the energy sector, have significant adverse legal implications for a host state Contracting Party. Firstly, the ECT attempts to short-cut the negotiation process for contracts in the energy sector by rendering implicit terms and conditions which are usually subject to negotiation and agreement between the parties. Secondly, the Treaty not only abrogates the doctrine of privity of contract by conferring a right of action against the host state upon project investors who were not parties to the subject agreement, but also renders the host state Contracting Party vicariously liable for the actions of state and privileged enterprises and sub-national and regional autonomous governments and authorities. In addition, the obligations imposed by the ECT make substantial inroads into the sovereignty of Contracting Parties by imposing the strict obligation upon all Contracting Parties to allow the transit of energy products and supplies across their territories: by requiring that Contracting Parties effect substantial changes to domestic legislation in commercial, corporate~ taxation and property matters in order to conform to the investment protection regime provided for in the Treaty: by requiring substantial changes to Contracting Party domestic economic, environmental and competition policies and by mandating what might be called "lock-in" provisions which effectively prevent a host state from amending or instituting any legislation which might affect the FDI project or agreement. Full compliance by a Contracting Party with the provisions of the ECT could impinge upon the rights and independence of regional and sub-national autonomous governments. It is also argued that the ratification of or accession to the ECT by a Contracting Party government is unnecessary to activate the provisions of the Treaty The language used in the Treaty is imprecise and obscure with few definitions of key terms to assist in the interpretation of its provisions and this occasional unintelligibility is exacerbated by inconsistencies between the legal effects of certain Articles. Consequently, deficiencies in drafting render the ECT a difficult document to interpret, thereby increasing the possibility and complexity of disputes arising from the application of its provisions. Australia, as a signatory to the Treaty, is subject to its provisions and is used to illustrate the effects of the Treaty upon host state sovereignty, governance and administration. The Dissertation discusses the origins of the ECT in the energy policies of the EU, the international context and negotiation and formation of the Treaty itself, as well as describing the structure and functions of the ECT administrative institutions. Further, it analyses the provisions of the ECT and related documents. The analysis is made from a practical legal viewpoint, by examining the legal implications for Contracting Parties of each of the discrete provisions. It then proceeds to present a discussion of those legal aspects of FDI, particularly contract negotiation and risk mitigation which the ECTseeks to address, as well as examining the impact of the ECT upon the sovereignty of Contracting Parties, particularly sovereignty over natural resources and the rights of sub-national governments and indigenous peoples. Finally, to demonstrate the legal effects of the ECT upon a Contracting Party, the Dissertation discusses the implications for Australia of being a signatory and it is suggested that Australia has much to lose and very little to gain from membership of the ECT regime. The ECT as an international instrument offers spurious benefit to all signatories except those developed states seeking to secure their future energy supplies through the application of the ECT's provisions to energy sector agreements. Ostensibly, it offers both impoverished FSU states and resource wealthy, energy exporting nations, such as Australia, the inducement of economic advantage through FDI in energy resources. In reality, :however, ·the potential disadvantages implicit in the stringency of the Treaty's investment protection provisions and the resultant negative legal implications for host state-Contracting Parties, far outweigh any putative benefits which may flow from membership to the Energy Charter Conference

Rapid transport of East Asian pollution to the deep tropics

Abstract. Anthropogenic emissions from East Asia have increased over recent decades, and under the prevailing westerly winds, these increases have led to changes in atmospheric composition as far afield as North America. Here we show that, during Northern Hemisphere (NH) winter, pollution originating in East Asia also directly affects atmospheric composition in the deep tropics. We present observations of marked intra-seasonal variability in the anthropogenic tracer perchloroethene (C2Cl4) collected at two locations in Borneo during the NH winter of 2008/09. We use the NAME trajectory model to show that the observed enhancements in C2Cl4 mixing ratio are caused by rapid meridional transport, in the form of "cold surges", from the relatively polluted East Asian land mass. In these events air masses can move across > 30° of latitude in 4 days. We then present data from the Monitoring Atmospheric Composition and Climate reanalysis which suggests that air masses high in C2Cl4 may also contain levels of the pollutants carbon monoxide and ozone that are approximately double the typical "background" levels in Borneo. Convection in Southeast Asia can be enhanced by cold surges, and further trajectory calculations indicate that the polluted air masses can subsequently be lifted to the tropical upper troposphere. This suggests a potentially important connection between mid-latitude pollution sources and the very low stratosphere. This work was supported by a NERC consortium grant to the OP3 team, by NCAS, by the European Commission through the SCOUT-O3 project (505390-GOCECF2004), though the ERC ACCI project, Project No 267760, and by NERC western Pacific grant number NE/F020341/1 and NERC CAST grant number NE/J006246/1. M. J. Ashfold thanks NERC for a research studentship. A. D. Robinson acknowledges NERC for their support through small grant project NE/D008085/1. N. R. P. Harris is supported by a NERC Advanced Research Fellowship. We thank the Sabah Foundation, Danum Valley Field Centre and the Royal Society (Glen Reynolds) for field site support. This is paper number X of the Royal Society’s South East Asian Rainforest Research Programme. We are grateful for use of data provided by the MACC-II project, funded by the European Union under the 7th Framework Programme. We also acknowledge use of the NAME atmospheric dispersion model and associated NWP meteorological data sets made available to us by the Met O ce. We acknowledge the significant storage resources and analysis facilities made available to us on JASMIN by STFC CEDA along with the corresponding support teams.This is the published version. It first appeared at: http://www.atmos-chem-phys-discuss.net/14/30705/2014/acpd-14-30705-2014.html

Your space or mine? : Mapping self in time

Peer reviewedPublisher PD

Practical mammography

‘Digital health’ is an overarching concept that currently lacks theoretical definition and common terminology. For instance, this broad and emerging field includes all of the following terms within its lexicon: mHealth, Wireless Health, Health 2.0, eHealth, e-Patient(s), Healthcare IT/Health IT, Big Data, Health Data, Cloud Computing, Quantified Self, Wearable Computing, Gamification, and Telehealth/Telemedicine [1]. However, whilst a definition is difficult to provide, in this overview it is considered that digital health is the use of digital media to transform the way healthcare provision is conceived and delivered. We consider it does this through three basic features

Long-term halocarbon observations from a coastal and an inland site in Sabah, Malaysian Borneo

Abstract. Short-lived halocarbons are believed to have important sources in the tropics, where rapid vertical transport could provide a significant source to the stratosphere. In this study, quasi-continuous measurements of short-lived halocarbons are reported for two tropical sites in Sabah (Malaysian Borneo), one coastal and one inland (rainforest). We present the observations for C2Cl4, CHBr3, CH2Br2* (actually ~80% CH2Br2 and ~20% CHBrCl2) and CH3I from November 2008 to January 2010 made using our μDirac gas chromatographs with electron capture detection (GC-ECD). We focus on the first 15 months of observations, showing over one annual cycle for each compound and therefore adding significantly to the few limited-duration observational studies that have been conducted thus far in southeast Asia. The main feature in the C2Cl4 behaviour at both sites is its annual cycle, with the winter months being influenced by northerly flow with higher concentrations, typical of the Northern Hemisphere, and with the summer months influenced by southerly flow and lower concentrations representative of the Southern Hemisphere. No such clear annual cycle is seen for CHBr3, CH2Br2* or CH3I. The baseline values for CHBr3 and CH2Br2* are similar at the coastal (overall median: CHBr3 1.7 ppt, CH2Br2* 1.4 ppt) and inland sites (CHBr3 1.6 ppt, CH2Br2* 1.1 ppt), but periods with elevated values are seen at the coast (overall 95th percentile: CHBr3 4.4 ppt, CH2Br2ast 1.9 ppt), presumably resulting from the stronger influence of coastal emissions. Overall median bromine values from [CHBr3 × 3] + [CH2Br2* × 2] are 8.0 ppt at the coast and 6.8 ppt inland. The median values reported here are largely consistent with other limited tropical data and imply that southeast Asia generally is not, as has been suggested, a hot spot for emissions of these compounds. These baseline values are consistent with the most recent emissions found for southeast Asia using the p-TOMCAT (Toulouse Off-line Model of Chemistry And Transport) model. CH3I, which is only observed at the coastal site, is the shortest-lived compound measured in this study, and the observed atmospheric variations reflect this, with high variability throughout the study period. This work was supported by a NERC consortium grant to the OP3 team, by NCAS, by the European Commission through the SCOUT-O3 project (505390-GOCE-CF2004) and by NERC western Pacific grant number NE/F020341/1 and NERC CAST grant number NE/J006246/1. L. M. O’Brien and M. J. Ashfold thank NERC for research studentships. A. D. Robinson acknowledges NERC for their support through small grant project NE/D008085/1. N. R. P. Harris is supported by a NERC Advanced Research Fellowship. We thank the Sabah Foundation, Danum Valley Field Centre and the Royal Society (Glen Reynolds) for field site support. The research leading to these results has received funding from the European Union’s Seventh Framework Programme FP7/2007–2013 under grant agreement no. 226224 – SHIVA. We thank David Oram and Stephen Humphrey at UEA for their assistance in checking the calibration of our Aculife cylinder in May 2009. This is paper number 626 of the Royal Society’s South East Asian Rainforest Research Programme.This is the final published version. It first appeared at http://www.atmos-chem-phys.net/14/8369/2014/acp-14-8369-2014.html

A Functional Screen Provides Evidence for a Conserved, Regulatory, Juxtamembrane Phosphorylation Site in Guanylyl Cyclase A and B

Kinase homology domain (KHD) phosphorylation is required for activation of guanylyl cyclase (GC)-A and -B. Phosphopeptide mapping identified multiple phosphorylation sites in GC-A and GC-B, but these approaches have difficulty identifying sites in poorly detected peptides. Here, a functional screen was conducted to identify novel sites. Conserved serines or threonines in the KHDs of phosphorylated receptor GCs were mutated to alanine and tested for reduced hormone to detergent activity ratios. Mutation of Ser-489 in GC-B to alanine but not glutamate reduced the activity ratio to 60% of wild type (WT) levels. Similar results were observed with Ser-473, the homologous site in GC-A. Receptors containing glutamates for previously identified phosphorylation sites (GC-A-6E and GC-B-6E) were activated to ∼20% of WT levels but the additional glutamate substitution for S473 or S489 increased activity to near WT levels. Substrate-velocity assays indicated that GC-B-WT-S489E and GC-B-6E-S489E had lower Km values and that WT-GC-B-S489A, GC-B-6E and GC-B-6E-S489A had higher Km values than WT-GC-B. Homologous desensitization was enhanced when GC-A contained the S473E substitution, and GC-B-6E-S489E was resistant to inhibition by a calcium elevating treatment or protein kinase C activation – processes that dephosphorylate GC-B. Mass spectrometric detection of a synthetic phospho-Ser-473 containing peptide was 200–1300-fold less sensitive than other phosphorylated peptides and neither mass spectrometric nor 32PO4 co-migration studies detected phospho-Ser-473 or phospho-Ser-489 in cells. We conclude that Ser-473 and Ser-489 are Km-regulating phosphorylation sites that are difficult to detect using current methods

Increasing condom use in heterosexual men: development of a theory-based interactive digital intervention

Increasing condom use to prevent sexually transmitted infections is a key public health goal. Interventions are more likely to be effective if they are theory- and evidence-based. The Behaviour Change Wheel (BCW) provides a framework for intervention development. To provide an example of how the BCW was used to develop an intervention to increase condom use in heterosexual men (the MenSS website), the steps of the BCW intervention development process were followed, incorporating evidence from the research literature and views of experts and the target population. Capability (e.g. knowledge) and motivation (e.g. beliefs about pleasure) were identified as important targets of the intervention. We devised ways to address each intervention target, including selecting interactive features and behaviour change techniques. The BCW provides a useful framework for integrating sources of evidence to inform intervention content and deciding which influences on behaviour to target

Drug-resistant genotypes and multi-clonality in Plasmodium falciparum analysed by direct genome sequencing from peripheral blood of malaria patients.

Naturally acquired blood-stage infections of the malaria parasite Plasmodium falciparum typically harbour multiple haploid clones. The apparent number of clones observed in any single infection depends on the diversity of the polymorphic markers used for the analysis, and the relative abundance of rare clones, which frequently fail to be detected among PCR products derived from numerically dominant clones. However, minority clones are of clinical interest as they may harbour genes conferring drug resistance, leading to enhanced survival after treatment and the possibility of subsequent therapeutic failure. We deployed new generation sequencing to derive genome data for five non-propagated parasite isolates taken directly from 4 different patients treated for clinical malaria in a UK hospital. Analysis of depth of coverage and length of sequence intervals between paired reads identified both previously described and novel gene deletions and amplifications. Full-length sequence data was extracted for 6 loci considered to be under selection by antimalarial drugs, and both known and previously unknown amino acid substitutions were identified. Full mitochondrial genomes were extracted from the sequencing data for each isolate, and these are compared against a panel of polymorphic sites derived from published or unpublished but publicly available data. Finally, genome-wide analysis of clone multiplicity was performed, and the number of infecting parasite clones estimated for each isolate. Each patient harboured at least 3 clones of P. falciparum by this analysis, consistent with results obtained with conventional PCR analysis of polymorphic merozoite antigen loci. We conclude that genome sequencing of peripheral blood P. falciparum taken directly from malaria patients provides high quality data useful for drug resistance studies, genomic structural analyses and population genetics, and also robustly represents clonal multiplicity

Computational and Serologic Analysis of Novel and Known Viruses in Species Human Adenovirus D in Which Serology and Genomics Do Not Correlate

In November of 2007 a human adenovirus (HAdV) was isolated from a bronchoalveolar lavage (BAL) sample recovered from a biopsy of an AIDS patient who presented with fever, cough, tachycardia, and expiratory wheezes. To better understand the isolated virus, the genome was sequenced and analyzed using bioinformatic and phylogenomic analysis. The results suggest that this novel virus, which is provisionally named HAdV-D59, may have been created from multiple recombination events. Specifically, the penton, hexon, and fiber genes have high nucleotide identity to HAdV-D19C, HAdV-D25, and HAdV-D56, respectively. Serological results demonstrated that HAdV-D59 has a neutralization profile that is similar yet not identical to that of HAdV-D25. Furthermore, we observed a two-fold difference between the ability of HAdV-D15 and HAdV-D25 to be neutralized by reciprocal antiserum indicating that the two hexon proteins may be more similar in epitopic conformation than previously assumed. In contrast, hexon loops 1 and 2 of HAdV-D15 and HAdV-D25 share 79.13 and 92.56 percent nucleotide identity, respectively. These data suggest that serology and genomics do not always correlate