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The final question addressed in chapter three is one that continues to arise in practice and to engender debate: the authority of a truncated tribunal to proceed to issue a final award. The issue comes to the fore when a party-appointed arbitrator resigns or otherwise refuses to participate in panel deliberations, whether unilaterally or at the behest of his or her appointing party. The jurisprudence on this topic has developed significantly with the trend towards judicial (rather than diplomatic) arbitration, in large measure as a result of a series of decisions by the Iran-United States Claims Tribunal and the confrontation of this problem in arbitral rules. There is a discernible preference among tribunals, institutions, and scholars to replace the obstructionist arbitrator and thereby prevent the need for a truncated tribunal. Where this is not in the circumstances feasible, the authority of the remaining two members to proceed to a final determination is widely accepted. Either way, the trend has been to continue to fortify international arbitration against unilateral attempts to derail the proceedings.
One of the most striking features of arbitral practice over the past three decades has been how old problems have continued to arise in new guises. This is particularly apparent with the problem of States’ various attempts to negate arbitration, and whether denial of justice may be invoked to confront that practice. This issue is considered in the second chapter of this book. The practice since the time of the first edition of this book underscores that governmental evasion and negation of arbitration can take a number of forms. Arbitral tribunals, and in particular those constituted under bilateral investment treaties, have responded to new attempts at governmental negation of arbitration. The question today is not only whether a State’s refusal to arbitrate may constitute a denial of justice, but whether a State’s attempt to negate arbitration—by, for example, improperly setting aside an international award—may constitute a compensable expropriation of property rights, a breach of fair and equitable treatment, or another breach of an investment treaty.
The severability of the arbitration agreement, a cornerstone principle of international arbitration that is considered in the first chapter of this book, is more firmly established now than it was three decades ago. Yet respondents still from time to time call that principle into question by attempting to vitiate the arbitral process by invoking a (supposed) defect in the underlying contract or treaty, while difficult issues also remain concerning the precise scope and limits of the principle. These issues underscore the merit in analyzing and revisiting what remains a jurisprudentially subtle and practically important question.
The vitality or, alternatively, vitiation of the international arbitral process remains a pressing subject. The explosion of inter-State, investor-State, and international commercial arbitration in recent years magnifies the importance of the subject. This second edition combines the historical analysis of the first edition with a survey of the continued salience and contemporary developments for each of the three problems identified: (i) the severability of the arbitration agreement; (ii) denial of justice (and now other possible breaches of international law) by governmental negation of arbitration; and (iii) the authority of truncated international arbitral tribunals. The international arbitral process continues to be fortified against unilateral attempts to derail it and, to that end, this book will be a valuable guide for practitioners and scholars alike.
This article explores the programme of national health planning carried out in the 1960s in West and Central Africa by the World Health Organization (WHO), in collaboration with the United States Agency for International Development (USAID). Health plans were intended as integral aspects of economic development planning in five newly independent countries: Gabon, Liberia, Mali, Niger and Sierra Leone. We begin by showing that this episode is treated only superficially in the existing WHO historiography, then introduce some relevant critical literature on the history of development planning. Next we outline the context for health planning, noting: the opportunities which independence from colonial control offered to international development agencies; the WHO’s limited capacity in Africa; and its preliminary efforts to avoid imposing Western values or partisan views of health system organisation. Our analysis of the plans themselves suggests they lacked the necessary administrative and statistical capacity properly to gauge local needs, while the absence of significant financial resources meant that they proposed little more than augmentation of existing structures. By the late 1960s optimism gave way to disappointment as it became apparent that implementation had been minimal. We describe the ensuing conflict within WHO over programme evaluation and ongoing expenditure, which exposed differences of opinion between African and American officials over approaches to international health aid. We conclude with a discussion of how the plans set in train longer processes of development planning, and, perhaps less desirably, gave bureaucratic shape to the post-colonial state.
The notion that the colonial entity administered as Ogoja Province represented a Nigerian form of “the frontier” persisted right through the period of British rule in Nigeria. In a late colonial geography, Ogoja and eastern Calabar are referred to as the “pioneer fringe.” Marginalized by the economic geography of colonialism, as a result of its relatively low population density, in contrast to much of southeastern Nigeria, and by virtue of its terrain, crossed by unforded rivers and characterized by heavy, clayey soils which restricted wet-season travel, it could still be characterized in the 1940s as a “traceless praierie [sic]” by one of its most seasoned European observers, and as “the Lost Province” in common colonial parlance. Scholarly exploration has done little to address this marginalization, a fact both pivotal in the administration and development of Ogoja Province and restrictive of our attempts to understand and describe these administrative processes. The dynamics of community, trade, and migration in Ogoja, and the systematic misunderstandings to which these dynamics were subject, both constitute historical processes which call for scrutiny, and help shape development and welfare projects undertaken in the later colonial period and in post-independence Nigeria. This study investigates the problematic interaction of ethnography and administration at the colonial margin, and the implications of this both for the historical study of Ogoja and its hinterland and for economic and social development planning in the area.
In the context of assessing the impact of management and environmental factors on animal health, behaviour or performance it has become increasingly important to conduct (epidemiological) studies in the field. Hence, the number of investigated farms per study is considerably high so that numerous observers are needed for investigation. In order to maintain the quality and validity of study results calibration meetings where observers are trained and the current level of agreement is assessed have to be conducted to minimise the observer effect. When study animals were rated independently by the same observers by a categorical variable the exclusion test can be performed to identify disagreeing observers. This statistical test compares for each variable and each observer the observer-specific agreement with the overall agreement among all observers based on kappa coefficients. It accounts for two major challenges, namely the absence of a gold-standard observer and different data type comprising ordinal, nominal and binary data. The presented methods are applied on a reliability study to assess the agreement among eight observers rating welfare parameters of laying hens. The degree to which the observers agreed depended on the investigated item (global weighted kappa coefficients: 0.37 to 0.94). The proposed method and graphical description served to assess the direction and degree to which an observer deviates from the others. It is suggested to further improve studies with numerous observers by conducting calibration meetings and accounting for observer bias.
Current guidelines for image-guided cervical cancer brachytherapy planning recommend both computed tomography (CT) and magnetic resonance imaging (MRI) for adequate visualisation of the applicator and soft tissues, respectively. MRI-only planning would be ideal as it would save time within the patient pathway and avoid the concomitant CT exposures. However, applicator visualisation on MRI is usually achieved using fluid-filled fiducial marker tubes, which can be awkward to use and suffer from unwanted air bubble artefacts. Therefore, a new fiducial-free imaging technique was developed.
Methods
A dual echo time (TE) turbo spin echo sequence was used, at 1·5 T, to provide both T2-weighted images (100 ms TE) for tissue visualisation and strongly proton density-weighted images (17 ms TE) for improved applicator visualisation. In-house software was used to automatically segment the applicator in the short TE images (using Otsu's method) and transfer the information to the long TE images to provide a single fused dataset.
Results
The method was evaluated successfully using titanium applicators in three patient cases and using a plastic applicator in a tissue-equivalent gel phantom.
Conclusions
The dual-echo technique provides a simple and efficient method for improving the visualisation of brachytherapy applicators in cervical cancer MRI images without the need for marker tubes.
In Nigerian cities, as across much of Africa, sanitation practices at zone, ward and street levels inscribe – in patterns of circulation and interaction around waste – not only the hopes and fears of urban residents and managers, but also the aspirations and failures encoded in colonial and post-colonial national and regional histories. Adjusting to numerous challenges – the interplay of racist colonial zoning strategies, rapid post-colonial urban expansion, the withdrawal of public services amid the liberalization programmes of the 1980s, the increasingly abject character of the social contract, and the ongoing tenuousness of economic life and activity – urban environmental sanitation in Nigeria has long struggled to keep pace with the historical dynamics of the country's emergent metropolises. Following the activities of a cohort of inspectors and volunteers at the Ministry of Environment and Water Resources, Oyo State, this article examines the politics of performance and coercion surrounding the monthly observance of Environmental Sanitation Day in Ibadan amid the heightened political tensions of the electoral season in 2011.
How are publics of protection and care defined in African cities today? The effects of globalization and neo-liberal policies on urban space are well documented. From London to São Paulo, denationalization, privatization, offshoring and cuts in state expenditure are creating enclaves and exclusions, resulting in fragmented, stratified social geographies (see Caldeira 2000; Ong 2006; Harvey 2006; Murray 2011). ‘Networked archipelagoes’, islands connected by transnational circulations of capital, displace other spatial relations and imaginaries. Spaces of encompassment, especially, such as ‘the nation’ or simply ‘society’ as defined by inclusion within a whole, lose practical value and intellectual purchase as referents of citizenship (Gupta and Ferguson 2002; Ferguson 2005). In African cities, where humanitarian, experimental or market logics dominate the distribution of sanitation and healthcare, this fragmentation is particularly stark (see, for example, Redfield 2006, 2012; Fassin 2007; Bredeloup et al. 2008; Nguyen 2012). Privilege and crisis interrupt older contiguities, delineating spaces and times of exception. The ‘public’ of health is defined by survival or consumption, obscuring the human as bearer of civic rights and responsibilities, as inhabitants of ‘objective’ material worlds ‘common to all of us’ (Arendt 1958: 52). Is it possible, under these conditions, to enact and imagine public health as a project of citizens, animated in civic space?