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Climate change presents a particularly complex challenge in the context of flyway scale conservation of migratory bird species as it requires coordinated action by multiple countries along these species’ migratory routes. Coordinating conservation responses requires understanding the vulnerability of species and their habitats to climate change at the flyway scale throughout each species’ annual cycle. To contribute to such understanding, we used species distribution models to assess the exposure to climate change of waterbird species that are the focus of the Agreement on the Conservation of African-Eurasian Migratory Waterbirds (AEWA). We found that the species with the smallest proportion of their current range projected to be climatically suitable by 2050 (those whose distributions respond to changes in water availability but that do not perform synchronised migration) are dispersive species in the Afrotropical biogeographic realm, and migratory species in their breeding season, particularly Arctic breeding waders. These species also have the most limited availability of newly suitable areas. Projections for most other Palearctic migratory waterbird species suggest that losses of suitable areas in their current passage and wintering ranges may be largely offset by new areas becoming climatically suitable. The majority of migratory Palearctic waterbirds in the breeding season and Afrotropical waterbirds are widely dispersed with only a small proportion of their populations currently supported by ‘Critical Sites’ (i.e. sites that are either important for Globally Threatened Species or support 1% of the bioregional population of any waterbird species). This makes it unlikely that climate change adaptation measures focusing only on key sites will be sufficient to counter the predicted range losses. Therefore, climate change adaptation responses should also be implemented at the landscape scale for Afrotropical waterbirds and for breeding populations of Palearctic migrant waterbirds.
Public interest in terms of criminal procedural law is primarily the interest of the public in criminal prosecution. There is no definition of the term “public interest” in the Austrian Code of Criminal Procedure (ACCP) and procedural laws only refer to it in exceptional cases. The first part of this contribution relates to public interest and its relevance for the decisions of the prosecutor to file charges or to refrain from investigation proceedings. In this regard, public interest is associated with the principle of mandatory prosecution. While this is true for Continental European Countries like Austria and Germany, countries with an Anglo-American law tradition like England & Wales follow the approach of discretionary prosecution. Due to the lack of a definition of “public interest” in the ACCP, factors shaping this term have been identified. The second part of this chapter deals with the content of the terms “particular public interest” and “extraordinary public interest“. Provisions of the ACCP and the Law of the Public Prosecution Service contain these terms, which serve a specific function.
PUBLIC INTEREST IN CRIMINAL PROSECUTION
UNDERLYING PRINCIPLES OF CRIMINAL PROCEDURE LAW
The prosecution of criminal offences is in the public interest. Although this is not a separate principle of criminal procedure law in Austria and the Code of Criminal Procedure does not contain the term as such, the ex-officio principle (Offizialprinzip) and the principle of mandatory prosecution (Legalit a tsprinzip) which are laid down in Section 2 ACCP express that fact. According to the ex-officio principle only the state has the right to prosecute (ex-officio) offences and impose criminal sanctions. The principle of mandatory prosecution traditionally is embedded in the criminal law of Continental European Countries and aims to secure uniform prosecution of criminal offences. It stipulates that investigation and prosecution authorities have a duty to investigate any reasonable suspicion of a criminal offence that has come to their attention (not including offences that are only prosecuted at the request of entitled persons) and probe it ex-officio in investigation proceedings
This chapter suggests that a discernible trend in post-Troubles Northern Irish fiction and drama is to revisit and revise the “love across the barricades” plot and, in this way, to (re)imagine new forms of political community beyond the communitarian divide. It argues that friendship may offer an alternative model for a political reconciliation than suggested by the peace process and outlined by the 1998 Agreement. Drawing on Andrew Schaap and Hannah Arendt, I propose a distinction between a filiative and an affiliative politics of reconciliation: between one that is predicated on the ideal of a stable community with a common identity and one that foregrounds the establishment of new forms of relationships, presupposing the irreducible plurality of viewpoints as a basis for dialogue about the common world. Focusing on Robert McLiam Wilson’s Eureka Street (1996), Glenn Patterson’s The Rest Just Follows (2014) and Mary O’Donnell’s Where They Lie (2014), this chapter suggests that all three novels consider friendship as a political principle that can give rise to an affiliative reconciliation in invoking a not-yet community beyond ethnonational lines.
Taking inspiration from Edna Longley’s notion of the ‘cultural corridor’, this chapter emphasises Post-Agreement literature’s commitment to Northern Ireland as a place of interchange that enables and envisages various crossings. Rather than accepting the ‘post’ as a temporal marker that designates a distinct break with what came before, it contends that contemporary Northern writing raises awareness of what remains to be worked through and addressed. If critics have suggested that literature from Northern Ireland reflects its ongoing political state of liminal suspension, this chapter seeks to recover the recalcitrant dynamics of literary liminality as a crosscurrent to the homogenising and teleological thrust of the progress narratives underpinning both the Agreement and Brexit. This emphasis on the active energies suggested by the motif of crosscurrents allows a revision of the more passive concepts of the cultural corridor and suspension and foregrounds the potential of contemporary Northern Irish literature to establish new affiliations and reconciliatory discussions.
This report describes the first clinical experience with the new Occlutech Atrial Flow Regulator (AFR®) device for implementation of a late Fontan fenestration. The AFR® device secured a defined diameter of the fenestration without spontaneous re-occlusion of this extra-anatomic perforation. This ensured a permanent clinical improvement of our failing Fontan patient.
TAOS II is a next-generation occultation survey with the goal of measuring the size distribution of the small end of the Kuiper Belt (objects with diameters 0.5–30 km). Such objects have magnitudes r > 30, and are thus undetectable by direct imaging. The project will operate three telescopes at San Pedro Mártir Observatory in Baja California, México. Each telescope will be equipped with a custom-built camera comprised of a focal-plane array of CMOS imagers. The cameras will be capable of reading out image data from 10,000 stars at a cadence of 20 Hz. The telescopes will monitor the same set of stars simultaneously to search for coincident occultation detections, thus minimising the false-positive rate. This talk described the project, and reported on the progress of the development of the survey infrastructure.
Our view of galaxies has been transformed in recent years with diffuse halo gas surrounding galaxies that contains at least as many metals and baryons as their disks. While single sight lines through galaxy halos seen in absorption have provided key new constraints, they provide only average properties. Our massive neighbor, the Andromeda (M31) galaxy, provides an unique way to study its circumgalactic medium whereby we can study it using not one or two, but ~36 sightlines thanks to its proximity. With our Large HST program — Project AMIGA (Absorption Maps In the Gas of Andromeda), our goals are to determine the spatial distribution of the halo properties of a L* galaxy using 36 background targets at different radii and azimuths. In this brief paper, I discuss briefly the scientific rationale of Project AMIGA and some early science results. In particular, for the first time we have demonstrated that M31 has a gaseous halo that extends to Rvir with as much as metal and baryonic masses than in its disk and has substantial change in its ionization properties with more highly ionized gas found at R ~ Rvir than cooler gas found near the disk.
With the spotlight on Magna Carta, which is 800 years old in 2015, and the French Declaration of the Rights of Man and Citizen of 1789, which together are of undeniable importance for fundamental rights-thinking, the existence of similar fundamental rights documents in other European countries is often overlooked. Such fundamental rights documents did, however, exist in the precursors to the current European Union Member States. Some of the documents are ancient, even older than Magna Carta, and some are more recent, but all of them are texts that deserve to be brought out and analysed alongside Magna Carta and the French Declaration in order to better understand the evolution of fundamental rights thinking in Europe.This volume paints a multi-faceted picture of historical fundamental rights documents in the European space by collating the experience of 24 European Union Member States at times in history when most of these states did not even exist. It is the first comprehensive and systematic evaluation of early fundamental rights thinking across Europe and it reveals surprising diversity. Spanning documents from the fifth century BC right through to the 19th century and early 20th century AD, this review opens up themes not normally found in historiographical analyses of fundamental rights.
In 2015, we are celebrating the 800th anniversary of Magna Carta, adopted on 15 June 1215, and the 15th anniversary of the Charter of Fundamental Rights of the European Union, adopted on 7 December 2000. Between 1215 and 2000, and perhaps also before and after that period, various jurisdictions in Europe have adopted documents that are of significance for the protection of fundamental rights and, ultimately, after 1945, of internationally recognised human rights. Historians and others like to commemorate ‘round’ birthdays: 25 years, 100 years, 800, etc. An event is not important per se because of a specific birthday, but it may be worthwhile to take the opportunity to contextualise fundamental rights by studying history and thus at the same time recognise the value of Magna Carta and other fundamental rights documents.
With this book we wish to celebrate 800 years of Magna Carta. At the same time, we congratulate the European Union on the first 15 years of its first fundamental rights document. This volume can be seen as a birthday present to the teenager from the rest of the family, all of whom are older, some very old or even ancient.
But why the first fundamental rights document? Do we want to show that some states, regions or cities have been more progressive than others or to imply that there has been no development in some states? Certainly not; this is not a beauty contest. Whenever the first fundamental rights document has been adopted or issued in a jurisdiction, it is likely to have had similar relevance for the individuals living at the material time as a document adopted in some other place at some other point of time, be it earlier or later. Therefore, the topic is fitting for a joint study as part of the cooperation between the universities in the European Master's Programme in Human Rights and Democratisation. Even Magna Carta itself, adopted 800 years ago, is not important per se, but it is significant because of the use that has been made of it during the centuries, alongside its strong symbolic value; the same observation is probably true concerning the other fundamental rights documents reviewed here, albeit in most cases to a somewhat lesser extent.
Kalliope Agapiou-Josephides, Assistant Professor of Political Science, University of Cyprus, Cyprus.,
Jean-Paul Lehners, Professor emeritus, UNESCO Chair of Human Rights, University of Luxembourg, Luxembourg.,
Manfred Nowak, Professor of International Law and Human Rights, University of Vienna, Austria.,
Markku Suksi, Professor of Public Law, Åbo Akademi University, Finland.
INTRODUCTION: AN IMPORTANT STEP IN THE NEW HISTORIOGRAPHY OF FUNDAMENTAL RIGHTS
To produce a volume about the first fundamental rights documents in the Member States of the European Union was a real challenge. It was clear from the beginning that it would be difficult to find a common methodology, common definitions and a common understanding of fundamental rights. The result is nonetheless convincing, although we have many different approaches, or perhaps the result is convincing precisely because we have these different approaches. The quality of the volume is indeed a consequence of the variety that can be found in the fundamental rights documents
This volume is not only an interesting overview of the early history of fundamental rights in Europe, providing new insights based on little studied documents or on new interpretations of well-known documents, but also a contribution to the discussion about the development of fundamental rights insofar as some ideas expressed in the early documents can still inspire us today. At the outset of the project, the risk of retrospective teleology was identified. Fortunately, almost all the contributors have avoided this, even though they are writing about the predecessors of modern fundamental rights.
The result of the collated endeavours of the authors feels like an important contribution to a new historiography of fundamental rights that avoids, as much as possible, the above-mentioned retrospective teleology, identifies new cleavages, and reflects on the (mis)use of history and memory for current political and ideological aims.
It is possible to find ‘first’ fundamental rights documents across Europe. Each of the current Member States of the European Union included in this volume can refer to one or more documents of this kind in their constitutional or legal history. From this point of view, the review of the first fundamental rights documents in Europe has produced a definitive result by uncovering antecedent fundamental rights thinking that has not necessarily been generally known. The historical perspective of these documents is, however, very broad, because a good number of these first fundamental rights documents are ancient, while some of them are relatively recent.
Markku Suksi, Professor of Public Law, Åbo Akademi University, Finland.,
Kalliope Agapiou-Josephides, Assistant Professor of Political Science, University of Cyprus, Cyprus.,
Jean-Paul Lehners, Professor emeritus, UNESCO Chair of Human Rights, University of Luxembourg, Luxembourg.,
Manfred Nowak, Professor of International Law and Human Rights, University of Vienna, Austria.
In Europe, two famous sets of rights of a fundamental nature exist, the English Magna Carta of 1215 and the French Declaration of the Rights of Man and the Citizen of 1789. Does this mean that no corresponding fundamental rights documents were ever adopted or granted in the territories of the other current Member States of the European Union? This volume proposes to explore Europe's heritage in terms of fundamental rights, while contextualising and tracing their path and impact in the Member States of the European Union.
Until now, there has existed no overall understanding of the historical existence of fundamental rights documents in other parts of Europe than in England and France. The fundamental rights discourse has been so dominated by Magna Carta and the Declaration of 1789 that other possible developments have been overshadowed, if not almost completely sidelined. Yet when asked, persons knowledgeable in the legal history of their own country would often be able to identify at least some precursors to the fundamental rights currently in force on the basis of the constitution of the country, although unbroken lineage between the fundamental rights in force and the early antecedents may be impossible to establish.
By using the term fundamental rights, the intention here is to indicate that the searchlight is on those individual rights that define the position of the individual in a fundamental manner in particular in relation to the public authorities, but perhaps also generally in relation to powers that be. On that view, fundamental rights cover both individual rights established in documents of a constitutional nature and individual rights that appeared in norms of a more general nature. Fundamental rights are, from this perspective, rights that have emerged at the state or sub-state level, even in city-states (although in most cases, the current states did not exist at the time of the adoption of these documents).
Against this background, it can be said that there exists a general interest in and also a need for review of the historical documents concerning fundamental rights that can be found in the current Member States of the European Union. This interest and need is further enhanced by the fact that the fundamental rights that first evolved at a national level, however defined, gave the impetus for international human rights law after World War II.
An unexpected new source of tin was recently located at Hisarcık, in the foothills of the Mount Erciyes volcano in the Kayseri Plain, close to the Bronze Age town of Kültepe, ancient Kanesh and home to a colony of Assyrian traders. Volcanoes in Turkey have always been associated with obsidian sources but were not known to be a major source of heavy metals, much less tin. X-ray fluorescence analyses of the Hisarcık ores revealed the presence of minerals suitable for the production of complex copper alloys, and sufficient tin and arsenic content to produce tin-bronze. These findings revise our understanding of bronze production in Anatolia in the third millennium BC and demand a re-evaluation of Assyrian trade routes and the position of the Early Bronze Age societies of Anatolia within that network.
This chapter describes what has been learned about the dynamical, strong-field regime of general relativity via numerical methods. There is no rigorous way to identify this regime, in particular since notions of energies, velocities, length and timescales are observer- dependent at best, and at worst are not well-defined locally or even globally. Loosely speaking, however, dynamical strong-field phenomena exhibit the following properties: there is at least one region of spacetime of characteristic size R containing energy E where the compactness 2GE/(c4R) approaches unity, local velocities approach the speed of light c, and luminosities (of gravitational or matter fields) can approach the Planck luminosity c5 /G. A less physical characterization, though one better suited to classifying solutions, involves spacetimes where even in “well-adapted” coordinates the non-linearities of the field equations are strongly manifest. In many of the cases where these conditions are met, numerical methods are the only option available to solve the Einstein field equations, and such scenarios are the subject of this chapter.
Mirroring trends in the growth and efficacy of computation, numerical solutions have had greatest impact on the field in the decades following the 1987 volume  celebrating the 300th anniversary of Newton's Principia. However, several pioneering studies laying the foundation for subsequent advances were undertaken before this, and they are briefly reviewed in Section 7.1 below. Though this review focuses on the physics that has been gleaned from computational solutions, there are some unique challenges in numerical evolution of the Einstein equations; these as well as the basic computational strategies that are currently dominant in numerical relativity are discussed in Section 7.2. As important as computational science has become in uncovering details of solutions too complex to model analytically, it is a rare moment when qualitatively new physics is uncovered. The standout example in general relativity is the discovery of critical phenomena in gravitation collapse (Section 7.3.1); another noteworthy example is the formation of so-called spikes in the approach to cosmological singularities (Section 7.3.7).
Predation pressure is essential in regulating population dynamics of herbivorous insects. We used artificial caterpillars (25 × 4 mm) made from brown-or green-coloured plasticine to compare predation pressure between countryside and near-natural rain-forest habitat in the Gulfo Dulce region (Costa Rica). Within each habitat, 162 caterpillars were placed randomly on different substrates along a 1200-m transect and at heights between 0.5 and 2.0 m. Artificial caterpillars were inspected at 24-h intervals for 3 consecutive days. Predation pressure was almost twice as high for countryside (mean attack frequency per capita: 1.11 ± 0.08 SE) compared with rain forest (0.66 ± 0.07 SE). In both habitats arthropods emerged as chief predator group, followed by birds. Attacks by non-volant mammals were very rare and restricted to rain-forest sites. In the countryside, bird attacks were more than four times as common as in forest, indicating a change in their relative importance across habitats.