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  • Oxford University Press  (83)
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  • 1
    Publication Date: 2016-05-11
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
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  • 2
    Publication Date: 2016-07-13
    Description: The 2015 Paris Agreement, a product of a deeply discordant political context rife with fundamental and seemingly irresolvable differences between Parties, is an unusual Agreement. It contains a mix of hard, soft and non-obligations, the boundaries between which are blurred, but each of which plays a distinct and valuable role. This article identifies various defining elements of legal character and tabulates the core provisions of the Paris Agreement across a spectrum from those that conform most closely to hard obligations to those that are best characterized as ‘non-obligations’. It explores political drivers for the carefully calibrated mix of hard, soft and non-obligations in the Paris Agreement, as well as the dynamic interplay between them, and their critical importance in delivering an agreement acceptable to all.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
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  • 3
    Publication Date: 2013-09-12
    Description: The tension between the meaning of causality in science and law or public policy is well-known; however, defendants in product liability cases or industries that might be affected by a government regulation may try to convince the factfinder to require evidence of a causal relationship that meets the standards of science. From the perspective of public health, however, people may be exposed unnecessarily to a health risk during the time period between the establishment of reasonably strong evidence of a causal relationship and the overwhelming evidence required for scientific causality. The Bayesian paradigm enables one to update information from epidemiologic studies as they accumulate, providing estimates of the probability that the relative risk of a particular harm from exposure exceeds a threshold value, e.g. 2.0 or 4.0 that is sufficient to meet the preponderance of the evidence standard or to support a health initiative. In order to diminish the role of the initial prior distribution, which may be quite subjective, the first case-control study or an analysis of adverse event and case reports is used to determine two prior distributions. One is the most favourable to the defendant, or industry that might be regulated, which is consistent with the previous data. The other is centred on or near the estimated relative risk from the first study. The method is applied to the studies that linked aspirin use to Reye syndrome and demonstrates that the evidence of a causal association was sufficiently strong in 1982, when the Food and Drug Administration first proposed that the public be warned of the risk, to support the regulation. Thus, lives would have been saved had the warning been given at the end of 1982 rather than in early 1985.
    Print ISSN: 1470-8396
    Electronic ISSN: 1470-840X
    Topics: Mathematics , Law
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  • 4
    Publication Date: 2013-06-08
    Description: The North Carolina Racial Justice Act allows defendants to submit statistical studies of prosecutorial actions pertaining to their seeking the death penalty or in making peremptory challenges. These studies may consider data from four geographical regions: the state, county, judicial division or prosecutorial district. A study of the effect of race on peremptory challenges in death penalty cases demonstrating statistically significant disparities disadvantaging Black defendants has been submitted in several cases. This comment shows that a more appropriate statistical analysis yields much stronger statistical evidence that race entered into the peremptory challenge process in Randolph County than the affidavit submitted by the authors of the study. A subsequent sensitivity analysis indicates that in order for a characteristic to explain the highly statistically significant disparity, it would need to increase the odds of an individual being challenged by a factor of three and more than twice as many Black venire members would need to possess that characteristic as non-Blacks. Since the data examined excluded potential jurors who had been removed for cause, it may be difficult for the state to find a legitimate reason justifying the racial disparity.
    Print ISSN: 1470-8396
    Electronic ISSN: 1470-840X
    Topics: Mathematics , Law
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  • 5
    Publication Date: 2014-11-07
    Description: This article presents a fresh analysis of the implications of the 2006 judgment of the Court of Justice of the European Union (CJEU) in Case C-244/05 Bund Naturschutz in Bayern , which clarified the standard of legal protection afforded to sites eligible for adoption as Sites of Community Importance (SCIs) under the EU’s Habitats Directive. The article argues that, as a result of this line of case law, it will be unlawful ( at least in certain cases, and perhaps in all) to apply the Article 6(4) Habitats Directive derogation in respect of eligible sites which have not yet been adopted by the European Commission as SCIs. The Commission appears to have been aware of this potential implication, and acted swiftly to minimise the potentially disruptive impact of the judgment on plans and projects within the EU. The article also considers the relevance of the CJEU’s Sweetman judgment ( C-258/11 ) to the Bund Naturschutz in Bayern line of jurisprudence.
    Print ISSN: 0952-8873
    Electronic ISSN: 1464-374X
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
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  • 6
    Publication Date: 2015-04-14
    Description: At their core, natural gas and LNG price review claims focus on evaluating whether or not the applicable contract sales price aligns with the various benchmarks specified in the underlying contract. While price review clauses are drafted in different ways, the common premise is a simple one. Its application, however, is mired in nuance and potential pitfalls. In this article, we consider the commercial bargain underlying price review rights with an eye to understanding the context within which the text of any price review clause should be considered. We examine some of the key issues to be considered in evaluating the market benchmarks referenced in these clauses and some of the complexities associated with quantifying market value by reference to these benchmarks. Ultimately, many factors must be considered and reconciled in the context of a price review claim. For the lawyers involved in these cases, it is critical to understand both aspects separately and in tandem to arrive at a coherent and comprehensive analytical framework.
    Print ISSN: 1754-9957
    Electronic ISSN: 1754-9965
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law , Economics
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  • 7
    Publication Date: 2015-06-03
    Description: The European Court of Justice has held that as from 21 December 2012, insurers may no longer charge men and women differently on the basis of scientific evidence that is statistically linked to their sex, effectively prohibiting the use of sex as a factor in the calculation of premiums and benefits for the purposes of insurance and related financial services throughout the European Union. This ruling marks a sharp turn away from the traditional view that insurers should be allowed to apply just about any risk assessment criterion, so long as it is sustained by the findings of actuarial science. The naïveté behind the assumption that insurers’ recourse to statistical data and probabilistic analysis, given their scientific nature, would suffice to keep them out of harm’s way was exposed. In this article, I look at the flaws of this assumption and question whether this judicial decision, whilst constituting a most welcome landmark in the pursuit of equality between men and women, has nonetheless gone too far by saying too little on the million dollar question of what separates admissible criteria of differentiation from inadmissible forms of discrimination.
    Print ISSN: 1470-8396
    Electronic ISSN: 1470-840X
    Topics: Mathematics , Law
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  • 8
    Publication Date: 2012-03-09
    Print ISSN: 1470-8396
    Electronic ISSN: 1470-840X
    Topics: Mathematics , Law
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  • 9
    Publication Date: 2012-03-09
    Description: Scales of conclusion in forensic interpretation play an important role in the interface between scientific work at a forensic laboratory and different bodies of the jurisdictional system of a country. Of particular importance is the use of a unified scale that allows interpretation of different kinds of evidence in one common framework. The logical approach to forensic interpretation comprises the use of the likelihood ratio as a measure of evidentiary strength. While fully understood by forensic scientists, the likelihood ratio may be hard to interpret for a person not trained in natural sciences or mathematics. Translation of likelihood ratios to an ordinal scale including verbal counterparts of the levels is therefore a necessary procedure for communicating evidence values to the police and in the courtroom. In this paper, we present a method to develop an ordinal scale for the value of evidence that can be applied to any type of forensic findings. The method is built on probabilistic reasoning about the interpretation of findings and the number of scale levels chosen is a compromise between a pragmatic limit and mathematically well-defined distances between levels. The application of the unified scale is illustrated by a number of case studies.
    Print ISSN: 1470-8396
    Electronic ISSN: 1470-840X
    Topics: Mathematics , Law
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  • 10
    Publication Date: 2015-09-29
    Description: This article analyses how the progressive globalization of the natural gas market has shaped Liquefied Natural Gas (LNG) arbitration disputes over the past two decades. It concludes that globalization has had differing impacts on two categories of LNG arbitration disputes.
    Print ISSN: 1754-9957
    Electronic ISSN: 1754-9965
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law , Economics
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