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Alexis Garapin, Jeanne Duvallet, Stephane Robin and Daniel Llerena

theoretical predictions are proposed, derived not only from the strict assumptions 245 * Jeanne Duvallet is Assistant Professor at the Institut National Polytechnique of Grenoble. Her research interests include supply chain management, economic modeling, and simulation. ** Alexis Garapin is Assistant

Series:

Stephen A. Macko and Christina M. Fantasia

, the IPCC predicts a pH of 7.8 for average ocean values in 2100 ( IPCC , 2007 ); 7.6 pH is a more localized pH prediction. In a different model species, Artemia franciscana , hatching rates were also reduced, most significantly at pH 7.0. In their highest pH test group of 7.6, the hatch rate was

Sea Level Rise and Impacts on Maritime Zones and Limits

The Work of the ila Committee on International Law and Sea Level Rise

David Freestone, Davor Vidas and Alejandra Torres Camprubí

other – with the latter resulting in upper bounds of up to 2.4 meters of global mean sea level rise by 2100. 6 1 Predictions of Sea Level Rise in the Context of the Onset of a New Epoch in Earth’s History Sea level rise has been singled out as one of the most obvious manifestations of the radical

Climate Change and Changing Coasts

Geophysical and Jurisdictional Implications of Sea Level Rise for Pacific Island States

Clive Schofield

trends in sea level change, indicating some of the complexities and uncertainties that make predictions regarding the crucial issues of how much and how swiftly sea levels will rise such a controversial issue. The multiplicity of variables that may be implicated in changing sea levels means that sea

Clive Schofield and David Freestone

likely impacts of sea level rise on maritime zones with particular reference to impacts on islands and their associated maritime zones. It will look first briefly at the sea level rise predictions of the Intergovernmental Panel on Climate Change ( IPCC ), both its 2013/14 Fifth Assessment Report (AR5

Roger Volkema, Agnes Hofmeister-Toth and Denise Fleck

, Rio de Janeiro, Brazil (E-mail: denise@coppead.ufrj.br) AGNES HOFMEISTER-TOTH*** Marketing Department, Budapest University of Economic Sciences, Budapest, Hungary (E-mail: agnes.hofmeister@bkae.hu) Abstract. The study reported in this article examines the prediction and use of invalid infor- mation (e

A Glass Half Full?

The Character, Function and Value of the Two-Element Approach to Identifying Customary International Law

Fernando Lusa Bordin

legal reasoning. My main contention is that the debate revolving around customary international law, whether theoretical, empirical or doctrinal, can benefit from an adjustment of expectations. Overly alarmist predictions that customary international law is a dancefloor must be treated with

The Burden of Proof in Comparative and International Human Rights Law

Civil and Common Law Approaches with Special Reference to the American and German Legal Systems

Series:

Juliane Kokott

This book explores how courts decide, or ought to decide, in situations of uncertainty. A Court must always decide the case before it, even if the relevant facts remain unclear. The question then arises which party benefits and which party is burdened by that uncertainty. In these cases, the Court must apply the rules on the burden of proof or, more precisely, the burden of persuasion. Their importance for the individual claimant is obvious.
The comparison of two domestic systems (one based on common law and the other a traditional code-based legal order) with regard to the issue of burden of proof helps to clarify the terminology and lays the ground for dealing with the burden of proof in international human rights law. Without knowing what can be understood by the term `burden of proof' under domestic law, international lawyers with different domestic law backgrounds are in danger of misunderstanding each other. This may lead to obscuring the problems connected with court decisions involving uncertainty.
The study also deals with uncertainties with regard to legislative (general) in contrast to adjudicative (individual) facts and with uncertainties in the framework of predictions in contrast to uncertainties relating to historic facts.
It attempts to prepare the ground for dealing more consciously and more consistently with problems of uncertainty in international human rights law. International courts, due to their geographical and cultural distance from the case, usually have less access to the underlying facts. Nevertheless, in order to protect human rights effectively, international courts and tribunals cannot always restrict themselves to reviewing the law, but may also have to decide on the facts. Thus issues relating to decision-making on the basis of uncertain facts, including the burden of persuasion, are even more important in international than in domestic human rights law.

Isabel Lamers

the question of how competences are divided between the two levels of government in the US. 4. The American Allocational System: Doctrinal And Institutional Devices The novelty of the European system makes it difficult to make predictions on its future development; there never has been a

Earle

Abstract

Within the common law world, the use of the term informed consent implies the American doctrine. Informed consent as a doctrine is not part of the law in the United Kingdom. However, it is possible to predict a way forward in disclosure cases yet to be heard in the courts of the United Kingdom. These predictions are based on current developments in the common law in the United Kingdom as well as those in Canada and Australia, on the European convention on Human Rights and Biomedicine and on trends within the medical profession itself in the light of the Bolam test.