This thesis examines the Supreme Court decision in Global Process System Inc. v Syarikat Takaful Malaysia Berhad (The Cendor MOPU). The decision appears to introduce a major change in the law, expanding the rights of policyholders in a manner apparently unexpected by the London market. The decision has been the subject of much discussion by academics and practitioners. Therefore, the aim of the thesis is to analyse The Cendor MOPU in detail, to determine whether the Supreme Court correctly applied the previous authorities. The effect of the judgment in The Cendor MOPU is to establish that the exclusion for inherent vice – a mechanism used in English marine policies for at least 300 years - is limited to the circumstances where the loss results solely from the internal characteristic of the subject matter. Accordingly, contrary to the previous understanding that the it is possible to have a loss caused concurrently by perils of the seas (insured) and inherent vice (uninsured) the Supreme Court has suggested that there can only ever be one cause. In other words, if there is a “perils of the sea”, there is no room for the inherent vice defence. Inherent vice is merely a means of describing the situation where there is no peril of the sea, and not an exclusion removing cover where there is a peril of the sea working with an internal defect in the subject matter. To reach that conclusion, the Supreme Court was required to interpret the phrase “perils of the sea”, again one in use since the earliest days of marine insurance in England and the key insured peril for both hull and cargo policies. Although the phrase is defined in the Marine Insurance Act 1906 Sch.1 r.7, the Supreme Court arguably gave a novel meaning to the words there used. It is suggested in this thesis that the Supreme Court’s redefinition has created a good deal of uncertainty. Both these phrases, “perils of the sea” and “inherent vice”, play an important role in the insurance market as they affect both assureds and insurers and their respective interests under all classes of marine insurance policies. In addition, the inherent vice exclusion has traditionally been a strong weapon for insurers against assureds. However, after The Cendor MOPU, the assured is only required to show that the loss was accidental; in other words, if the cause of the loss is not inevitable then the insurers lose their chance to establish that the loss was the result of inherent vice. Thus, this thesis will review the origin of the clauses “perils of the sea” and “inherent vice” by tracing back through the early cases in order to understand the origin and to note how and why the change occurred. Then the thesis will reach a conclusion as to how the law has been developed in the recent cases, and it will discuss whether the Supreme Court case, The Cendor MOPU’, has overruled the previous cases in terms of the words “inherent vice” and “perils of the sea”. Lastly, this thesis will discuss the impact of The Cendor MOPU decision in respect of the Marine Insurance Act 1906 as well as the standard cargo clauses. It will put forward arguments as to whether the decision is consistent with the 1906 Act and the Clauses. It will also discuss the effect of the decision on recent cases and on the insurance market.

No description available.

Shelf seas occupy only 7% in area and less than 0.5% in volume of the entire ocean, but they play an important role in the carbon cycle by taking about 20% - 50% of all the CO2 absorbed by the ocean. Diapycnal mixing is a key process in transporting nutrients, carbon, water mass etc. between the surface and the lower mixed layers in a seasonally stratified shelf sea. The identification and quantification of the processes responsible for driving diapycnal mixing in seasonally stratified seas are the subjects worth study. Early researchers have examined the correlation between enhanced bulk shear and the wind. The bulk shear is defined as the average of the shear in two defined layers which are either side of the thermocline. However the contribution from the barotropic tide has generally been neglected. This study examines two stages of the evolution of water column stratification: the spring development stage and the autumn break down stage. Rotary spectral analysis shows that the shear across thermocline corresponds to different drivers when the water stratification is different. At the spring development stage, the shear across the thermocline corresponds to near-inertial oscillations, which are related to wind. Whilst at the autumn break down stage, the shear across thermocline relates to both the near-inertial oscillations and the barotropic tide. Thus, in contraction to earlier research, our research suggests that the barotropic tide is another dominant driver in the generation of shear. However not all observations can be explained by the wind or barotropic tide. The additional consideration of the baroclinic tide helps explain the signal of an odd shear spike observed in the northern North Sea, which occurred during a period of weak shear production by the wind and barotropic tide. A 1D two-layer vertical dynamic numerical model and a 1D turbulence closure numerical model were applied to investigate the impact of wind and barotropic tide on shear, respectively. In addition, the impacts of hydrographic conditions on the driver of shear were considered. Coherence analysis was applied to examine the similarity of constituents (in frequency domain) between the modelled shear production and the observations. The model sensitivity analysis demonstrates that the switch of driver of shear is highly related to the depth ratio, which is the ratio of thermocline depth over water depth.

Thesis (Ph. D.)--Ohio State University, 2005. / Available online via OhioLINK's ETD Center; full text release delayed at author's request until 2010 Sep 23

This thesis traces the history of Anglo-Australian racial science between 1850 and 1960, and examines evolving anthropological constructions of interracial marriage, as a lens through which we can re-evaluate gold rush histories and changing attitudes to East Asian migration throughout the British World, the British Empire’s geo-political relationship with China and Japan, and the transnational dissemination and contestation of the ‘‘yellow peril’’ trope. By decentring the histories of racial science and the British Empire from their North Atlantic moorings, and looking to anxious perceptions of East Asians emanating from antipodean Britons of the ‘global south’, the thesis builds a more trans-hemispheric narrative of the rise and fall of racial thinking. It does this by utilising two case studies. One examines the Sydney geographer Professor Griffith Taylor’s interwar problematisation of the White Australia Policy and the ‘transnational biopolitics’ of Asian immigration restriction in the Anglosphere, through his positive pronouncements about Eurasian intermarriage. Secondly, analysing the latter career of outcast former Kings College London racial scientist Professor Reginald ‘Ruggles’ Gates, and his ‘race crossing’ research in 1950s Australia and Japan, the thesis complicates histories of the global decline of racial thinking and survival of marginal scientific racists after the fall of Nazism.

Doctor of Philosophy(PhD) / It is only in recent decades that marine scientific research has begun to reveal the true physical characteristics and resource potential of the open ocean and deep seabed beyond national jurisdiction. A combination of factors such as the depletion of inshore fish stocks and an increase in global maritime trade has led to greater usage of the vast maritime area beyond the territorial sea and exclusive economic zone limits of the coastal states. Human activities in this area of the ocean, which covers approximately 50% of the world’s surface, have expanded to include bioprospecting, exploration for deep seabed minerals, more sophisticated marine scientific research and deep sea tourism. This rise in human activities beyond the offshore zones of coastal states poses actual and potential threats to the physical characteristics and biodiversity of the open ocean and deep sea environments. Arbitrary human intrusions into this largely unexplored marine domain have the potential to harm the intricate links between complex marine ecosystems and to erode components of marine biodiversity. This thesis examines the global and regional provisions which have been put in place to regulate the environmental impacts of human activities that occur beyond national jurisdiction. An analysis of these instruments and their implementation reveals that the current international law framework provides only minimal levels of protection for the marine environment beyond national jurisdiction. It explores several options based on the 1982 United Nations Convention on the Law of the Sea (LOSC) and the 1992 Convention on Biological Diversity (CBD) to establish a cohesive environmental protection system for the marine environment beyond national jurisdiction.

<p>The present thesis deals with the ocean circulation from two viewpoints: <i>Pro primo</i>, the dependence of the global thermohaline ocean circulation (THC) on the parameterization of the small-scale vertical mixing processes in the interior of the ocean, and, <i>pro secundo</i>, the dynamics of the circulation in the Nordic Seas. The THC is found be crucially dependent on the parameterization of the small-scale vertical mixing, two types of which have been compared: The commonly used constant diffusivity and a, physically more plausible, stability-dependent parameterization. For constant diffusivity the circulation weakens when the equator-to-pole surface density difference is decreased, consonant with commonly held prejudices. However, for stability-dependent diffusivity the circulation is enhanced. This conclusion has been reached using two investigative techniques, viz. a scale analysis as well as a numerical zonally-averaged and equatorially symmetric THC model. However, if asymmetric flows are considered, the dynamics become more complex to interpret. It has, nevertheless, been concluded that when the degree of asymmetry of the surface-density distribution is taken to be fixed, the response of the circulation to changes of the surface-density distribution corresponds to that from the symmetric investigation.</p><p>The studies of the Nordic Seas are mainly based on satellite-altimetric data providing Sea-Level Anomalies (SLAs). These are utilized to estimate the seasonal cycle as well as the inter-annual variability of the depth-integrated flows. The seasonal cycle is examined using the winter-to-summer difference of the barotropic flow, with focus on the entire region as well as on two sections extending from a common point in the central Norwegian Sea to Svinøy on the Norwegian coast and to the Faroe Islands, respectively. The total barotropic transport is estimated to be around 10 Sv larger during winter than in summer, of which 8 Sv are associated with the barotropic re-circulation gyre in the interior of the Norwegian Sea, the remainder being linked to the Atlantic inflow across the Iceland-Scotland Ridge. The inter-annual variability of the circulation in the Nordic Seas is investigated on the basis of a theoretical analysis permitting independent calculation of the barotropic flow along closed isobaths using SLA data as well as wind data. The barotropic flow based on SLA data is found to co-vary with the flow estimated using wind data.</p>

The present thesis deals with the ocean circulation from two viewpoints: Pro primo, the dependence of the global thermohaline ocean circulation (THC) on the parameterization of the small-scale vertical mixing processes in the interior of the ocean, and, pro secundo, the dynamics of the circulation in the Nordic Seas. The THC is found be crucially dependent on the parameterization of the small-scale vertical mixing, two types of which have been compared: The commonly used constant diffusivity and a, physically more plausible, stability-dependent parameterization. For constant diffusivity the circulation weakens when the equator-to-pole surface density difference is decreased, consonant with commonly held prejudices. However, for stability-dependent diffusivity the circulation is enhanced. This conclusion has been reached using two investigative techniques, viz. a scale analysis as well as a numerical zonally-averaged and equatorially symmetric THC model. However, if asymmetric flows are considered, the dynamics become more complex to interpret. It has, nevertheless, been concluded that when the degree of asymmetry of the surface-density distribution is taken to be fixed, the response of the circulation to changes of the surface-density distribution corresponds to that from the symmetric investigation. The studies of the Nordic Seas are mainly based on satellite-altimetric data providing Sea-Level Anomalies (SLAs). These are utilized to estimate the seasonal cycle as well as the inter-annual variability of the depth-integrated flows. The seasonal cycle is examined using the winter-to-summer difference of the barotropic flow, with focus on the entire region as well as on two sections extending from a common point in the central Norwegian Sea to Svinøy on the Norwegian coast and to the Faroe Islands, respectively. The total barotropic transport is estimated to be around 10 Sv larger during winter than in summer, of which 8 Sv are associated with the barotropic re-circulation gyre in the interior of the Norwegian Sea, the remainder being linked to the Atlantic inflow across the Iceland-Scotland Ridge. The inter-annual variability of the circulation in the Nordic Seas is investigated on the basis of a theoretical analysis permitting independent calculation of the barotropic flow along closed isobaths using SLA data as well as wind data. The barotropic flow based on SLA data is found to co-vary with the flow estimated using wind data.

Although iron occurs at extremely low concentrations in the world’s oceans, it is essential for all living organisms. It is the limiting nutrient in High Nutrient Low Chlorophyll (HNLC) areas of the ocean, and exerts critically important influences on levels of atmospheric CO2 and the global carbon cycle. Understanding the chemical processes that govern the fluxes and biogeochemistry of oceanic iron requires thorough assessment of the aqueous physical chemistry of iron and analytical techniques capable of measuring iron at sub-nanomolar concentration measurements. This dissertation extends prior work on the physical and analytical chemistry of iron through (a) investigation of the complexation of iron by silicate in aqueous solutions, (b) investigation the solubility of ferric hydroxide using spectrophotometric procedures over a wide range of pH (c) utilization of novel in-situ instrumentation for iron measurements in seawater. Previous investigations of ferric iron complexation by silicate ions (SiO(OH)-3) included no measurements at ionic strengths greater than 0.15 molal and produced formation constant estimates at zero ionic strength that differed by more than a factor of two. In this work ferric silicate formation constants were measured at ionic strengths of 0.1, 0.3 and 0.7 molal by ultraviolet absorbance spectroscopy. The dependence of the ferric silicate formation constant on ionic strength at 25° C, summarized using the Bronsted-Guggenheim-Scatchard specific ion interaction (SIT) model, indicated that the ionic strength dependence of the ferric silicate formation constant, (written as Si ∗β1 = [FeSiO(OH)23+][H+][Fe3+]-1[Si(OH)04]-1) can be expressed as: log Si *β1 = (-0.125 ± 0.042) - (2.036 I0.5)/(1+ 1.5I0.5) + (0.588 ± 0.094) I. The result obtained at zero ionic strength is in good agreement with the average result obtained in four previous studies, but with a substantially reduced level of uncertainty. The solubility of ferric iron in aqueous sodium perchlorate solutions at the ionic strength of seawater was determined by use of novel automated spectrophotometric procedures. Two colorimetric measurement chemistries were utilized to measure dissolved ferric iron concentrations in equilibrium with precipitated amorphous ferric hydroxide over a range of pH between 4.0 and 12.0. Soluble iron concentrations decreased from approximately 3.2 micromolar at pH 4.0 to subnanomolar levels between pH 7.5 and 9.5, and rose to approximately 0.1 micromolar at pH 12. The results of this investigation were in good agreement with solubility results obtained in previous investigations of iron solubility in seawater at circumneutral pH, and previous results obtained in sodium chloride at high pH, but differed from previous results obtained in sodium chloride between pH 7 and pH 9. In view of the agreement between solubility results obtained in seawater and sodium perchlorate (this work) and, in contrast, results in sodium chloride that were more than an order of magnitude lower than were obtained in seawater and sodium perchlorate, it is advisable that further solubility investigations are performed in sodium chloride solutions. The iron measurement procedures developed for the investigation of ferric iron solubility were incorporated in an in situ spectrophotometric instrument. The Spectrophometric Elemental Analysis System (SEAS) utilizes long pathlength absorbance spectrometry (LPAS) combined with colorimetric protocols to achieve the sensitivity required to measure analytes at nanomolar concentration levels. The M-SEAS was initially tested on cruises in the Eastern Gulf of Mexico in June 2013 and November 2013. Due to limited opportunity for deployments of M-SEAS during these cruises, iron concentration data was obtained from only three casts. During these casts the heater pressure vessel flooded due to a compromised seal, causing the temperature of both channels to be strongly affected by ambient seawater. Further measurements of iron with the M-SEAS instrument in profiling mode will require an engineering analysis and redesign of the faulty seal. The international GEOTRACES program has stated that an improved understanding of the biogeochemical cycles and largescale distributions of trace-elements and isotopes will inform many areas of environmental research, from climate science to planning for future global change. As the only instrument currently capable of continuous in situ measurements of iron, the M-SEAS instrument should greatly enhance capabilities for investigation of iron biogeochemistry.

The allocation of fishing opportunities is one of the most difficult challenges for high seas fisheries management. There is an ongoing search for equitable and transparent allocation frameworks. This thesis explores whether, under what conditions, and with what shortcomings, a legal concept of equity can provide assistance in the development of such a framework. To this end, it reviews the historical origins of allocation of quotas in international fisheries, and summarizes the current global and regional legal frameworks for allocation and regional practices. It then analyzes whether intergenerational and intra-generational equity is considered in the international legal framework for high seas fisheries, and what the legal and practical implications of their inclusion are. It provides some suggestions on how to integrate intergenerational and intra-generational equity more effectively into allocation decisions. It concludes by highlighting the contribution of law in the search for allocation frameworks.