Notion, nature and extent of consent in international arbitration

PhDArbitration is a consensual and private mechanism of dispute resolution which leads to an enforceable arbitral award. In the traditional field of commercial arbitration the agreement to arbitrate is considered to be the cornerstone of arbitration. On the other hand, in the international context, arbitration has become increasingly used in other areas, like investment arbitration and sport arbitration, where the consensual nature of arbitration appears to be different. At the beginning of the study it will be underlined that, when speaking about the consensual nature of arbitration, one needs to differentiate between consensual as one of the essential criteria for arbitration’s qualification and consent as a condition for the validity of the arbitration agreement. This differentiation is especially important in sport arbitration where, between the athletes and sport organisations, there is often induced consent rather than bargained consent. By sustaining that the consensual character of arbitration needs to be differentiated, but not abandoned, the thesis clearly takes a contractual, or better, a consensual approach. It is preferable to speak of a consensual approach, because the agreement to arbitrate does not always take the form of an arbitration agreement in the traditional sense. This is particularly the case in investment arbitration. This thesis is a comparative study. However, not only a comparison of national laws and different arbitration rules will be undertaken, but the thesis will also consider the evolution of arbitration by discussing the implications that evolution has had on the perception of the consensual character of arbitration. Moreover, and above all, the main body of the thesis will be dedicated to a comparison focused on the consent issues of the three main areas where arbitration is nowadays used in an international context: commercial arbitration, investment arbitration and sport arbitration. It will be stressed that, although already in the classical area of commercial arbitration, the structures of arbitrations may be of different types, ranging from bi-party situations to multiparty scenarios, and might play a role when considering the consensual nature of arbitration, this becomes even clearer when one analyses the other fields of arbitration. The thesis then also takes into account that, in the various phases of the arbitral process, the expectations with regard to the consensual character of arbitration may be different. In the thesis it will be argued that the reason the consensual nature of arbitration evolved over time, and the reason that it is different among the various fields of arbitration, might be seen in the fact that there is an inherent tension between the contractual and the jurisdictional side of arbitration. In this situation of “inherent tension” consent may be perceived as being more or less present. Nevertheless, the “intensity” of consent does not affect the basically consensual character of arbitration. While the four traditional theories (jurisdictional, contractual, mixed/hybrid and autonomous) used to explain the juridical nature of arbitration focus rather on the relationship between State and arbitration, the thesis attempts to indicate other solutions which seem to be more able to explain the use of arbitration in the different areas/fields where arbitration is expected to resolve disputes

Nutrient transfer from soil to surface waters: Differences between nitrate and phosphate

Abstract.: Nitrate (NO3 -) and soluble reactive phosphorus (SRP), the two major dissolved N and P species available to aquatic biota, respond differently to varying water discharge rates (Q) in agricultural drainage pipes and rivers (Fig. 1): SRP concentrations are positively related to Q, whereas NO3 - concentrations decrease with increasing discharge rates. In addition, NO3-N concentrations exceed (in mass units) SRP concentrations up to 700-fold even though the liquid manure applied to agricultural fields has a N:P ratio equal to only about 5. Preferential flow of rainwater across the soil column and different affinities of the two nutrients for the soil matrix explain these differences in behaviour and mobility: i. Concentrations of substances that have a high sorption affinity for the soil matrix (such as SRP) tend to increase in drainage pipes and streams as water discharge increases. ii. Concentrations of species that are not retarded by sorption processes (such as NO3 -) and, hence, do not accumulate in the topsoil, tend to be negatively related to discharge rate. Differences in the availability and pool size of NO3 - and SRP in the topsoil explain the different hysteresis patterns if NO3 - and SRP concentrations are plotted versus the corresponding discharge rate during precipitation events (Fig. 2

Time-resolved x-ray spectroscopy of optical-field-ionized plasmas

The time-dependent soft X-ray emission of helium and nitrogen plasmas generated by optical-field ionization is reported. The experiments were carried out by focusing pulses of the high-power Ti:sapphire laser of the Lund Institute of Technology (lambda = 796 nm, pulse duration 150 fs, pulse energy 150 mJ) to a 50-mu m diameter spot close to a nozzle, using He and N-2 as target gases. The emission on He+, N4+, and N3+ resonance lines was recorded by means of a flat-field grating spectrometer coupled to an X-ray streak camera. A pronounced difference in the temporal shape of the emission of the Lyman-alpha line of hydrogen-like helium and of the 2p-3d resonance lines of lithium-like and beryllium-like nitrogen was observed. The helium line exhibited an initial spike followed by a slow revival of the emission, whereas the nitrogen lines showed a slow decay after a fast initial rise. These observations are explained with the help of simulations

Nutrient uptake and benthic regeneration in Danube Delta Lakes

We investigated the nutrient uptake capacity of three lakes (Uzlina, Matita and Rosu) within the Danube Delta during high water level in June and low water level in September 1999. Special emphasis was placed on nutrient cycling at the sediment-water interface and on the self-purification capacity of the lakes in the Danube Delta. In order to estimate the nutrient uptake of selected lakes we present in this paper the results of water analyses, benthic flux chamber experiments and deck incubation experiments of 15N-labeled sediment cores at the inflow and the outlet of the lakes. The external input of dissolved inorganic nitrogen and silica into the lakes decreases with increasing distance to the main Danube branches whereas the total dissolved phosphorus input is independent of the hydrological distance to the main branches. The nutrient loading is highest in the inflow channels, and decreases towards the outflow of the lakes. In June, the uptake of NO3 −, TDP and Si(OH)4 in the lakes was higher than in September. In contrast, NH4 + uptake was more intense in September, when benthic release was more intense as well. On average, about 76% of the external plus internal nitrogen and phosphorus input into the lakes was taken up by macrophytes and phytoplankton during the growing season, whereas the uptake of external nutrient input amounted to about 43%. The benthic release of ammonia and silica increases from June to September and indicates, that part of the nutrients taken up during the growing season might be released during winter. We estimate the net impact of the Delta on the nutrient reduction of the Danube during the growing season is about 4.3%, assuming 10% of the Danube water is flowing through the Delt

Learning effectiveness of a flexible learning study programme in a blended learning design : why are some courses more effective than others?

Flexible learning addresses students' needs for more flexibility and autonomy in shaping their learning process, and is often realised through online technologies in a blended learning design. While higher education institutions are increasingly considering replacing classroom time and offering more blended learning, current research is limited regarding its effectiveness and modifying design factors. This study analysed a flexible study programme with 133 courses in a blended learning design in different disciplines over more than 4 years with a mixed-methods approach. In the analysed flexible study programme, classroom instruction time was reduced by 51% and replaced with an online learning environment in a blended learning format (N students = 278). Student achievement was compared to the conventional study format (N students = 1068). The estimated summary effect size for the 133 blended learning courses analysed was close to, but not significantly different from, zero (d = - 0.0562, p = 0.3684). Although overall effectiveness was equivalent to the conventional study format, considerable variance in the effect sizes between the courses was observed. Based on the relative effect sizes of the courses and data from detailed analyses and surveys, heterogeneity can be explained by differences in the implementation quality of the educational design factors. Our results indicate that when implementing flexible study programmes in a blended learning design, particular attention should be paid to the following educational design principles: adequate course structure and guidance for students, activating learning tasks, stimulating interaction and social presence of teachers, and timely feedback on learning process and outcomes

Macroinvertebrate as indicators of acidification in high altitude alpine lakes

No abstract availableCinque laghi svizzeri vengono presi come esempio per valutare il recupero dall\u27acidificazione evidenziato per gli aspetti chimici a partire dalla met? degli anni \u2790, ma i metodi per la valutazione del livello di acidit? basati sui macroinvertebrati sono stati sviluppati in Nord Europa e su corsi d\u27acqua e quindi sembra poco credibile poterli utilizzare per acque lacustri. Questo contributo vuole quindi evidenziare quali fra le metriche applicate, e generalmente in uso a livello europeo, riflette meglio le variazioni di acidit? presenti nei diversi laghi classificati come sensibili (2 laghi), con bassa alcalinit? (2), e alcalini (1). I laghi e i loro emissari vengono presentati sulla base delle loro caratteristiche chimiche e faunistiche secondo i principali gruppi di interesse ai fini di una loro classificazione. Le metriche applicate sono raccolte in due gruppi: metriche generali (abbondanze relative per i diversi gruppi, ecc) e metriche specifiche (diversi indici). Le metriche vengono applicate in due diverse tipologie di ambienti, acque ferme e acque correnti appartenenti ai medesimi laghi. Dai risultati si rileva che lungo il litorale solo poche metriche fra quelle scelte danno indicazioni di differenze faunistiche correlate ai diversi livelli di acidificazione raggiunti dai laghi, mentre nelle acque correnti sono molte di pi? le metriche applicabili, perch? molte delle specie prese in considerazione dalle metriche sono specifiche di questi ambienti e non si trovano nelle acque ferme dove altri fattori, pi? importanti, determinano le differenze di popolamento fra un lago ed un altro. Concludendo si pu? affermare che: i macroinvertebrati d\u27acqua corrente sono migliori indicatori di acidit?, l\u27identificazione tassonomica a livello di specie di chironomidi ed oligocheti ? utile per migliorare la valutazione del livello di acidit? di ambienti d\u27alta quota

Genotoxic potential of dental bulk-fill resin composites

OBJECTIVE: To investigate both genotoxicity and hardening of bulk-fill composite materials applied in 4-mm layer thickness and photo-activated for different exposure times. METHODS: Three flowable bulk-fill materials and one conventional flowable composite were filled in molds (height: 4mm) and irradiated for 20 or 30s. The top (0mm) and bottom (4mm) specimen surface were mechanically scraped, and eluates (0.01g composite in 1.5ml RPMI 1640 cell culture media) prepared for each material, surface level and irradiation time. Genotoxicity was assessed in human leukocytes using both the alkaline comet assay and cytokinesis-blocked micronucleus assay, and Knoop hardness (KHN) was measured at the top and bottom specimen surface (n=8). RESULTS: At both irradiation times, none of the bulk-fill composites significantly affected comet assay parameters used in primary DNA damage assessment or induced significant formation of any of the scored chromatin abnormalities (number of micronuclei, nuclear buds, nucleoplasmic bridges), whether eluates were obtained from the top or bottom surface. Furthermore, no decrease in KHN from the top to the bottom surface of the bulk-fill materials was observed. On the other hand, the conventional composite irradiated for 20s showed at 4-mm depth a significant increase in the percentage of DNA that migrated in the tail and a significant increase in the number of nuclear buds, as well as a significant decrease in KHN relative to the top surface. SIGNIFICANCE: Bulk-fill resin composites, in contrast to conventional composite, applied in 4-mm thickness and photo-activated for at least 20s do not induce relevant genotoxic effects or mechanical instability