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Mechanisms modeled on maritime law could enable removal od orbital debris without changes to existing outer space treaties. (credit: ESA)
Catalyzing space debris removal, salvage, and use
Maritime lessons and a proposal for a space salvage entity and pollution credit system
by Peter Garretson, Alfred B. Anzaldúa, and Hoyt Davidson
The authors foresee that, over the next couple of decades, there will be a significant expansion into space. In our estimation, much of industry will eventually move off Earth and millions of people will someday be living and working in space in thriving communities for the benefit of all humans, including those remaining on Earth. Given that level of space activity expansion in both the near and longer term, advanced space projects will greatly benefit from the ability to salvage and re-purpose derelict spacecraft. Safety of navigation will also require that we "dredge the harbor" of dangerous orbiting debris. More specifically, derelict pieces of orbital debris need to be either actively deorbited, repaired, refurbished, repurposed, or recycled in orbit. Debris on planetary surfaces will also have to be dealt with, but less urgently and eventually more easily. In any case, we believe that private commercial contractors tied to a Space Salvage Entity (SSE) could play a major role in carrying out these actions, and crucial to commercial entities carrying out these actions would be multilateral agreements for managing liability risk and compensation.
In developing liability and compensation provisions to manage orbital debris, it is important to note that Earth orbits are present in an environmental situation more akin to the maritime environment than the aviation environment.
Unfortunately, salvage and debris cleanup is very difficult under the current international legal space regime and orbital conditions, all of which disincentivize action. First, per Article VIII of the Outer Space Treaty (OST)[1], a State Party on whose registry an object is launched into outer space retains jurisdiction and control of the items launched. Moreover, Articles VI and VII of the OST and Article IV of the Liability Convention[2] make multiple launching states involved in a space debris intervention jointly and severally liable for any harm or damage to the persons or property of other States Parties.
Further complicating liability assessment, a lot of orbital debris is unclaimed and neither the spacecraft owner nor operator nor the launching state can be determined. According to Brian Weeden of the Secure World Foundation, "Of the 500,000 estimated human-generated objects in orbit bigger than one centimeter, we only know which country put it there for about 16,000 objects. And less than half of those 16,000 were registered with the UN."[3] Moreover, deorbiting debris will often require moving the junk through lower orbits. Further aggravating the issue, moving debris to salvage yards for later use will sometimes require moving the debris through higher orbits. In each case, there will likely be an increased risk of collision or other accidents.
While it may be unclear if anyone is liable for unclaimed debris, it can be argued that the moment a State Party to the OST, via its national entity, touches the debris, the State Party assumes liability for whatever happens according Article VI of the OST, which mandates that State Parties bear "international responsibility" for national activities in outer space and also requires "authorization and continuing supervision" of the involved national actors.
Fortunately, individual liabilities or lack thereof can be determined via liability apportionment agreements per Article V of the Liability Convention.[4] An example of such is liability agreement used for the nation states collaborating on construction and operations of the International Space Station (ISS).[5] But even with a multilateral agreement to determine the liability of various actors in an space debris intervention, there would remain the issue of funding the compensation for any party harmed. Given this complexity, can any lessons be gleaned from liability and compensation regimes for salvage or the removal of pollution and debris in the maritime context?
Salvage lessons from international marine salvage tradition and law
In developing liability and compensation provisions to manage orbital debris, it is important to note that Earth orbits are present in an environmental situation more akin to the maritime environment than the aviation environment.[6] Among other things:
— When aircraft create debris consequent to catastrophic failure over land, it is usually confined to one identifiable terrestrial area. Conversely, ocean vessels sometimes suffer loss of control, are shipwrecked, or contaminate large swaths of the maritime environment with mobile debris: solid objects, such as abandoned vessels, flotsam and jetsam; or liquids, such as oil. Such consequences of catastrophic failure and normal operations also result in the outer space environment, where whole defunct spacecraft and other debris remain uncontrolled in orbit.
— Space tourism will turn out to be more like cruise ship tourism, where destinations may be part of the package, but at least part of the fun will be enjoying the cruise itself, usually with others. With aviation, you simply want to get to another destination as soon as possible. Except on very rare occasions, travel on the aircraft itself is not a tourist attraction. Also, space tourism, beyond short suborbital trips, could potentially last as long as some ocean and river cruises, thus requiring orbits free of debris and other dangers.
— Space activities sometimes resemble specialized maritime activities, where the destination is an emplaced artificial structure (the ISS, for example) in the space medium and serviced by spacecraft, like ships servicing offshore oil rigs within an ocean medium.
— The commercial space-launch industry resembles the maritime sector much more than the air-transport sector in that a large part of the business is exposed to international competition. The US aviation industry, however, enjoys a very large protected domestic market and is further protected by international aviation agreements.
Given the similarities of navigating and working in the two above-described environments, liability and compensation lessons learned and applied in the high seas could potentially inform liability and compensation strategies in space. However, because unique liability provisions of the international space treaties, especially the Outer Space Treaty[7] and Liability Convention[8], maritime strategies cannot be applied wholesale.
For example, the current international regime for compensation for damage caused by oil pollution is based on two conventions: International Convention on Civil Liability for Oil Pollution Damage, 1969 (CLC 69) and International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971 (Fund 1971), an intergovernmental entity that provides access to liability compensation funds only to CLC 69 State Parties.[9]
Are there other maritime traditions and legal regimes from which we can draw helpful lessons? The answer is a resounding "yes."
However, the main principles and provisions of CLC 69 cannot be used in the space context for two main reasons. First, the general principle provided in CLC 69 is that those causing the pollution should pay the compensation. However, as noted above, ofttimes the party causing the orbital debris cannot be determined. And second, Article III of CLC 69 makes the owner of the ship strictly liable even in the absence of any fault. While Article III of the Liability Convention states that, spacecraft owner and operator aside, the launching state is absolutely liable only if damage is done on Earth or to aircraft in flight but liable based on fault if damage occurs in outer space. The Liability Convention addresses the spacecraft owner's liability only as connected to the owner's launching state. Moreover, per both space treaties, multiple launching states can simultaneously bear joint and several liability.
Given that CLC 69 and Fund 1971 are not helpful to solving the liability and compensation issues in the outer space context, are there other maritime traditions and legal regimes from which we can draw helpful lessons? The answer is a resounding "yes." Let us start with examining the maritime liability and compensation history connected to commercial salvors.
Maritime tradition of compensation and liability for commercial operators
Much can be learned from the long tradition of maritime salvage, which dates from the ancient Phoenicians, Greeks, and Romans. To deal with human-produced sea perils, commercial "salvors" were and still are rewarded financially for rescuing ships and their cargo, clearing shipwrecks from shipping lanes, and eliminating or preventing other environmental hazards.[10]
Historically, commercial salvors were rewarded only if they met three conditions: 1) the vessel or cargo must be in peril; 2) the salvor must be acting voluntarily and under no contract existing before the peril; and 3) the salvor must be successful in his efforts ("no cure, no pay"), although payment for partial success was traditionally granted under certain circumstances. Salvage tradition until 1980 only recognized a ship, cargo on board, freight payable, and fuel ("bunkers") carried on board as subject to salvage, if in "peril," defined broadly.
However, the concept of special compensation beyond pure property salvage for preventing environmental damage was codified and expanded by the International Convention on Salvage, 1989 (Salvage Convention),[11] which entered into force on July 14, 1996. Article 14 of the Convention considers protection of the environment (even beyond oils spills, for debris) as part of salvage and therefore subject to reward if contamination is prevented by the salvor. Such reward, informally called "liability salvage," is officially termed "special compensation" by the Convention, as opposed to compensation for property salvage. Because acquiring "special compensation" under Article 14 of the Salvage Convention proved to be time-consuming and somewhat limited, an alternative system for awarding special compensation, known as the Special Compensation Protection and Indemnity (P&I) Clause (SCOPIC) was developed by Protection and Indemnity (P&I) Clubs, salvors, underwriters, and shipowners.[12]
How is maritime liability compensation/third-party indemnity insurance funded?
Protection and indemnity insurance (P&I insurance) is a form of mutual maritime insurance provided by a P&I Club. A P&I club is a mutual insurance association, a non-profit cooperative, that provides risk pooling, information, and representation for its members—who today are shipowners, ship operators or charterers, freight forwarders, and warehouse operators. Whereas the insured pays a premium to an underwriter for coverage lasting for a specified time, the P&I club member pays a "call": a sum of money paid into the club's pool. If at the end of the year, there are still funds in the pool, each member will pay a reduced call the following year. But if the club has a major payout, club members will have to pay a further call to replenish the pool. By eliminating the underwriter's profit margins, P&I insurance is significantly cheaper.[13]
Marine insurers offer insurance on measurable risks: hull and machinery insurance for shipowners, and cargo insurance for cargo owners. P&I clubs provide insurance for broader, indeterminate risks that marine insurers usually do not cover, such as third-party risks. These risks include a carrier's liability to a cargo owner for damage to cargo, a shipowner's liability after a collision, environmental pollution and P&I war risk insurance, or legal liability due to acts of war affecting the ship.
Because many unclaimed and undesignated orbital debris objects exist, even the best written liability and compensation agreements would be inadequate for dealing with the orbital debris remediation problem without some voluntary mechanism or system for facilitating the adoption of debris objects.
P&I space clubs could likewise provide indemnification for risks, which traditional space insurers will not handle. In light of the likely ten-fold increase in commercial satellites to be launched mostly into LEO for broadband and other data services, commercial satellite companies have a great opportunity to proactively "fatten" P&I space club pools destined to reward salvors and other debris contractors and to pay out liability compensation. If carried out proactively involving multiple launch and satellite companies internationally, such a pool could accrue multiple billions of dollars simply by charging a penny per dollar to satellite service end users. Moreover, an international trust fund so created could be accessed by multiple P&I space clubs worldwide as a major resource for their funding pools.
Compensation for preventing or removing pollution in maritime or space environment
We believe that standard agreements detailing liability compensation based on pre-agreed upon tariff rates in accordance with pre-agreed upon liability apportionment among all the parties involved in an orbital debris effort present a pathway forward. P&I space clubs (composed of commercial spacecraft owners, operators, debris remediation salvors/contractors) could carry out a liability apportionment and compensation agreements with national governments, underwriters, investors, etc.—basically all the stakeholders in a space debris effort, whether in orbit or on a planetary surface. As in the maritime case, compensation funding would be provided before any debris remediation effort via "calls" into a mutual pool, with contributors this time being not only the P&I space club members but also traditional insurance company underwriters, freight forwarders, national governments, and all other stakeholders in a given orbital debris remediation effort.
Other helpful maritime conventions
Beyond the above-mentioned mechanisms and conventions dealing with maritime debris liability and compensation, there are two other international maritime conventions that could be used as partial models for dealing with space debris, whether in orbit or on a planetary surface. Those conventions are the London Convention[14] and MARPOL 1973/1978.[15]
The London Convention is a set of rules against "dumping," i.e. the deliberate disposal of waste and other matter from vessels and aircraft (emphasis ours). The provisions of the Convention prohibit dumping except for the wastes listed in Annex 1.
The combined instrument MARPOL 1973/1978 deals with the prevention of pollution by oil or chemicals, or by harmful substances in packaged form, sewage, and garbage. Besides various harmful discharge prohibitions, MARPOL 1973/1978 also laid down a mechanism to check the seaworthiness of a ship by providing a framework for the certification of ships with respect to safety and pollution compliance.
Further description of these conventions and how their provisions might apply to the space context is beyond the scope of this article. However, we encourage our readers to continue this line of study.
Beyond the maritime tradition and law
Because many unclaimed and undesignated orbital debris objects exist, even the best written liability and compensation agreements would be inadequate for dealing with the orbital debris remediation problem without some voluntary mechanism or system for facilitating the adoption (jurisdiction and control) of debris objects. Fortunately, there are also non-maritime approaches that can illuminate a path towards such a mechanism or system. Even so, for the sake of cost-effectiveness, such as system must offer incentives for states to prefer using commercial operators as their jurisdiction and control agents to work on, salvage, or deorbit debris, while they limit the commercial operator's liability.
A way forward appears possible following a theorem developed by economist Robert Coase, and often discussed in the context of externalities such as pollution—and orbital debris is pollution. This theorem argues that under conditions of low transaction costs[16] and competitive markets, "parties to a dispute over property rights (not necessarily ownership, per se) will be able to negotiate an economically optimal solution, regardless of the initial distribution of the property rights."[17] More formally, the theorem states that "if trade in an externality is possible and there are sufficiently low transaction costs, bargaining will lead to a Pareto efficient outcome regardless of the initial allocation of property."[18] The key is to remove obstacles to bargaining and better define the equivalent property rights to allow easy trade in the externality of the risk imposed by debris.
A rank-ordered "leaderboard" of the most potentially consequential pieces of debris can become a basis for insurance costs, creating natural incentives to remove risk.
Two precedents are important to the discussion: First, according to Dr. Armel Kerrest, "A space object may be sold/bought while in outer space" and "There is no objection by principle to a transfer of registration,"[19] which brings with it "jurisdiction and control" per Article VIII of the OST. Such a transfer has already taken place with the transfer of AsiaSat 1 and 2 from the United Kingdom to China,[20] the first occurring in 1984, and later when Sweden bought in-orbit the United Kingdom's BSB-1 ("Marcopolo-1") and renamed it Sirius-1 in 1996.[21] Second, as mentioned above, the 1998 Multilateral Agreement among states involved in International Space Station (ISS) operations[22] contains a cross-waiver of liability provision, which addresses liability issues for all ISS member states.
Creating a Space Salvage Entity (SSE)
We propose the establishment of an intergovernmental Space Salvage Entity (SSE) by multilateral agreement, responsible for:
assuming jurisdiction and control, ownership, and some degree of liability for unclaimed derelict space objects;
licensing and contracting commercial entities to deorbit or salvage space debris, whether in orbit or on a planetary surface, for immediate or eventual recycling of materials, or for spacecraft servicing, rehabilitation, refurbishment, enhancement, or repair.
selling salvaged, recycled, or refurbished items at market auctions.
Actuarial index
We propose that this SSE create an actuarial (statistical calculation of) risk for every trackable piece of orbital debris, using actuarial models to generate probability and severity of collisions due to mass and orbit, similar to how NASA establishes impact risk for asteroids. We propose that creating such a rank-ordered "leaderboard" of the most potentially consequential pieces of debris become a basis for insurance costs, creating natural incentives to remove risk.
We believe that insurance firms and P&I space clubs would pay close attention to an independent index of actuarial risk and to which State Parties those risks are attributed. If insurance companies now account risk to State Parties based upon such an actuarial index of risk, it will be to the advantage of State Parties to either remove high-risk debris or divest of debris for which they have jurisdiction and control and liability risk.
Assumption of liability risk
We further propose that a State Party that transfers registration (and therefore jurisdiction and control) to the SSE be relieved of liability risk, and that such jurisdiction and control and associated risk be assumed collectively by the member State Parties of the SSE in coordination with the P&I space club system.
While states would be allowed to directly transfer registration/jurisdiction and control of an asset for disposal or salvage independently of the SSE, once transferred to the Space Salvage Entity that piece of salvage now exists as an asset that may be sold via auction, contingent on the relevant State Party of the buyer assuming registry ownership and therefore jurisdiction and control over the auctioned asset per OST Article VIII and the Registration Convention.[23] Liability would be apportioned between the buyer, the relevant State Party of the buyer, and Space Salvage Entity by agreement, with acceptable insurance coverage (from a P&I space club and/or traditional underwriter) being required of the buyer.
The SSE would be empowered to provide licensing for deorbiting or salvage to the buyer or the buyer's contracting commercial operator. In coordination with the relevant State Party or Parties, the Space Salvage Entity would license the deorbiting or salvaging commercial operator/salvor. Risk liability would be apportioned by agreement between the operator, Space Salvage Entity, and the relevant State Party or Parties of the operator(s) conducting the deorbiting or salvage. In designing the liability apportionment agreement, partial liability protection for the operator would help to incentivize the deorbiting or salvaging operation.
The SSE would become a platform enabling multiple actors to collaborate in a market to dispose of or salvage derelict objects. Such an entity would reduce transaction costs for all participants. For example, satellite owner-operators could work within a Space Salvage Entity to place economic rewards, compensation, or bounties on specific debris objects or actions to prevent debris. We anticipate that there could be private economic interests for whom it would be economically efficient to clear specific orbits at rates faster than set by the SSE. Owners and operators of satellites, be they states or commercial firms, often have disproportionate incentive to clear particular debris objects or orbits due to the value of their current or future investment. For example, a company wishing to launch a large LEO satellite constellation might desire to have that orbit cleared before they populate that orbit. Since most owner-operators will not have their own deorbit capability, they would desire to be able to access de-orbiting like a commodity or market. Because the SSE would ideally already have structured a market with minimal transaction costs, private entities would be able to make use of it. Toward that end, we propose that the SSE be structured to allow states, owner-operator firms, insurance firms, or private or non-governmental organizations to place special financial rewards on clearing objects and orbits.
Kessler Credit System
Finally, we also propose to put in place a metric-driven system to incentivize the rapid consolidation or removal of space debris, through a "Kessler Credit System" modelled on other pollution-removing credit systems. The member parties of the Space Salvage Entity would annually agree to overall goals to reduce total debris risk and to remove or consolidate specific amounts of mass annually, as well as to set specific risk and related mass reduction goals for high value orbits. For instance, the member parties might have a goal of reducing conjunction risk in Sun-Synchronous Orbit (SSO) by 10 percent, as well as to annually remove a total of 40 metric tons from Low Earth Orbit (LEO).
The SSE would become a platform enabling multiple actors to collaborate in a market to dispose of or salvage derelict objects. Such an entity would reduce transaction costs for all participants.
Then, based on the actuarial risk, a credit system would be established. As with proposals for a global carbon-trading credit system, global goals would be set, and State Party pledges secured to remove a certain number of tons of debris annually. Countries could sell their credits to others to enable a collective market-based response to remove debris in the most efficient way possible. Optimal allocation of credits might be usefully explored using game theory.
NOTIONAL AGREEMENT CONSTITUTING THE SPACE SALVAGE ENTITY
- Recognizing the aspirations of mankind to become a spacefaring civilization;
- Recognizing the desirability of the safe removal or salvaging of space debris to enable safety of navigation and sustainability of the space environment;
- Affirming the desirability to repurpose derelict objects toward operating space infrastructure;
- Recognizing the need to create the incentives for operators and launching States to accomplish these goals;
- Recognizing the need for a regime that overcomes the tragedy of the commons, lowers transaction costs, and enables a variety of actors to coordinate via a common platform;
The parties hereby constitute the Space Salvage Entity (SSE).
The governing council will be composed of State Parties to the OST.
Nothing in this document shall preclude the power of states to transfer ownership, jurisdiction and control, and a portion of liability risk to see to their own debris removal or to directly contract with others.
It shall be a responsibility of the SSE to assign actuarial risk for collision to all space objects above a mutually agreed-upon size range.
The SSE shall be responsible to set annual goals for the reduction of space debris, whether in orbit or on a planetary surface, and to issue "Kessler Credits" to commercial operators corresponding with actuarial risk, which would reflect on liability risk.
The parties agree that the SSE takes jurisdiction, control, and liability for all unclaimed and unregistered objects. The SSE may hold these items in perpetuity.
The SSE shall have the power to acquire registration, and with it, jurisdiction and control and assume liability risk for derelict objects.
The SSE shall have the power to set bounties for the removal or salvaging of orbital debris.
The SSE shall have the power to license debris removal operations authorized under its charter.
The SSE shall have the power to hold auctions for removal or salvage.
The SSE shall have the power to reimburse national space agencies on a market-cost basis or cost basis for removal or salvaging activities.
The SSE may accept special bounties from space operators, salvors, or insurance agencies to incentivize removal of space debris, whether in orbit or on a planetary surface.
United Nations, Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, accessed August 2, 2019.
Convention on International Liability for Damage Caused by Space Objects.
Weeden, Brian, What is the proportion of space junk unclaimed by those who launched the original space hardware?, Quora, March 25, 2015, accessed August 2, 2019.
NASA, Partners Sign ISS Agreements, January 29, 1998, accessed August 2, 2019.
Bennet, James C. "Proposing a 'Coast Guard' for Space," The New Atlantis, Winter 2011.
Anyanova, Ekaterina. "Oil Pollution and International Marine Environmental Law," InTech.
Anzaldua, Al and Michelle Hanlon. "Maritime tradition can inform policy and law for commercial active debris removal," 19 February 2018.
International Convention on Salvage, 1989.
A Protection and Indemnity or P&I club is a non-governmental, non-profitable mutual or cooperative association of marine insurance providers to its members, consisting of ship owners, operators, charterers and seafarers.
"Protection and Indemnity Insurance," Wikipedia.
Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972. United Nations, Treaty Series, vol. 1046, pg. 120.
International Convention on the Prevention of Pollution from Ships, 1973/1978.
Beggs, Jodi, Introduction to the Coase Theorem, Thoughtco, January 17, 2019, accessed September 29, 2019.
Chappelow, Jim, Coase Theorem, Investopedia, May 15, 2019, accessed September 29, 2019.
Wikipedia, Coase theorem, Accessed September 29, 2019.
Kerrest, Armel, Legal Aspects of Transfer of Ownership and Transfer of Activities, accessed August 2, 2019.
De Gouyon Matignon, Louis, IN-ORBIT TRANSFER OF OWNERSHIP, Space Legal Issues, June 13, 2019, accessed August 2, 2019.
Aoki, Setsuko, Satellite Ownership Transfers and the Liability of the Launching States, March 19, 2012, p9, accessed August 2, 2019.
Convention on the Registration of Objects Launched into Outer Space.
Peter Garretson is an independent strategy consultant who focuses on space and defense, and a senior fellow in Defense Studies with the American Foreign Policy Council. He was previously the director of Air University's Space Horizons Task Force, America's think tank for space, and was deputy director of America's premier space strategy program, the Schriever Scholars. He is the author of a forthcoming book on great power competition for space resources.
Alfred Anzaldúa is a retired US State Department diplomat and 30 plus-year veteran of space advocacy. As a US Foreign Service Officer, he carried out diplomatic and science/environment work, primarily in Latin America, the Caribbean, and Washington D.C. Alfred is the National Space Society Executive Vice President, Chair of the NSS Policy Committee, Deputy Chair of the NSS International Committee, and Tucson L5 Space Society International Relations Coordinator.
Hoyt Davidson is founder and Managing Partner of Near Earth LLC, an investment bank focused on the space industry and providing M&A, strategic and financial advisory services and equity private placements. Formerly, Hoyt was a Managing Director at CSFB and DLJ where he co-founded Wall Street's first dedicated coverage group for the commercial satellite industry. While there, he participated in financings totaling over $15 billion.


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Free speech was being suppressed in Kashmir for a long time before the latest crisis
BY RITUPARNA CHATTERJEE
We report on the border region's long-term crackdown on communications well before the latest news blackout. Rituparna Chatterjee, talked to academics and journalists about what it has been like to live there
When the Indian government revoked Article 370 of the constitution, which had guaranteed Jammu and Kashmir autonomy, in early August 2019 there began a news blackout in the region.
Television, telephone and internet links were cut, opposition leaders arrested and no one knew what was happening. Many local journalists became uncontactable.
Early on a video of protests in Srinagar during the Eid festival which was posted by the BBC Urdu service – was condemned by the Indian government as "fake news".
Now, a little more news has begun to trickle out.
However even before the current crisis, it was difficult to get news out of Jammu and Kashmir. For many years, stringent restrictions on freedom of expression had become a way of life in this troubled border state.
Mobile phone signals were often blocked, and the internet was regularly turned off.
This had affected journalists' ability to cover the region properly and meant that it was hard to get any impartial news out of the area.
Index spoke to academics and residents in July 2019 about what happened before the current crisis imposed.
For those living and working in this border state, forced co-existence with the army had become a way of life. Generations of Kashmir's children have grown up in the shadow of the gun. The normalisation of the cheek-by-jowl existence with the armed forces, posted in the state to maintain peace, has been bitterly criticised time and again by human rights activists. In December 2018, Amnesty International observed: "A worrying pattern is emerging in Kashmir where security forces are increasingly using indiscriminate and excessive force against civilians."
A recent report, that India rejected as "false and motivated", by the UN Human Rights Council stated that the suppression of human rights continued unabated in the region following the Pulwama attack. (A militant attack on a police convoy on the Jammu–Srinagar highway in February 2019 in Kashmir's Pulwama district had led to the deaths of 40 people.)
"In no other state will you see more faujis [soldiers] than residents," said Asif Iqbal (name changed for his safety), a hotel manager in the town of Kangan, in the Ganderbal district. Even peaceful protests by locals result in disproportionate violence, he claims.
He says to live in "constant fear" of the ever-present military, wary of phones being tapped, is also censorship.
In Jammu and Kashmir, local journalists say there are particular challenges they face while reporting conflict.
"It's like walking on the edge of a sharp sword," one of them, Bilal Hussain, told Index. This is a sentiment that resonates with others reporting from there. Hussain is referring to the balance commentators from Kashmir have to strike to appear neutral while highlighting problems faced by locals in this border state with one of the world's largest military presences and a regimented way of life.
Repeated attempts by Index to contact Hussain after the revocation of Article 370 have failed. His phone remains out of reach as of 23 August.
Journalists say they are quick to be labelled as working against the nation's interest and harassed if the state perceives there to be even the slightest hint of sympathy in what they write towards those resisting Indian rule. Meanwhile, they run the risk of being labelled as statists by separatists if they hold up the state's established position on the territorial sovereignty of Kashmir.
It's a conflict that has widowed women, radicalised young men, killed children caught in the crossfire between armed forces and protesters, and blinded youths due to the use of pellet guns. Cross-border terrorism has taken the lives of hundreds of soldiers posted to the region, drawn from villages and towns in other parts of the country. India blames neighbouring state Pakistan of harbouring militants — a claim Pakistan denies — who routinely launch attacks on Indian forces after crossing the border.
Iqbal said: "People just want their rights. Even for peaceful protests, tear gas and pellet guns are used, whereas in every other state police only use lathis [wooden sticks]. We're afraid to [go] out alone after 8.30pm or 9pm without a security escort for fear of being detained by the police." Pellet guns were introduced in 2010 to subdue mass street protests.
A recent study by the Jammu Kashmir Coalition of Civil Society (JKCCS), a human rights organisation, found that between January and June this year a total of 271 people were killed – 108 from the Indian armed forces, 43 civilians and 120 militants – in an escalation of violence following the Pulwama attack.
Kashmiri scholar Sheikh Showkat Hussain, who teaches international law and human rights at the Central University of Kashmir, says censorship of the press has affected the people's right to self-determination. "In order to crush the resistance, [the government] restricts the media, they restrict the information, social media and the internet. Local dailies are denied advertisements," he said. In 2010, he says, there was censoring of electronic press in the state followed by a freeze on government advertising – the same year some local daily titles refused to publish some of his columns, "possibly fearing backlash from the government" for giving his views a platform.
In the absence of a private sector in Kashmir, newspaper ads become a tool for those in power to control the narrative. Newspapers are mainly dependent on government advertisements and are incapacitated when the establishment puts a freeze on them.
"Indian media remains indifferent to the plight of Kashmiris," Hussain said. "The root of alienation is denial of rights." In recent months, as a precursor to the takeover, two of Kashmir's newspapers had stopped getting government ads and there was a crackdown on local press following the re-election of Prime Minister Narendra Modi's right-wing government.
Ghulam Jeelani Qadri, the publisher of the Urdu-language newspaper Daily Afaaq, was arrested in June over a case dating back to 1990, when Qadri published a statement by a militant group.
Living in a militarised area is oppressive. Nobody wants to live like that.
Journalist Aasif Sultan was arrested last year and is still in custody. Sultan had written a story commemorating the second anniversary of the death of Buhran Wani, a commander of the pro-Pakistan militant group Hizbul Mujahideen. His death had triggered protests in the Kashmir Valley.
But the situation is worse for women in Kashmir, who fight several layers of discrimination.
An independent female journalist in Pulwama district, said: "As a Kashmiri, you cannot not be neutral, but … you will be attacked by one side or the other – considered either a separatist or a statist. You are balancing a thin line." She speaks of friends incarcerated by the police under the controversial Public Safety Act – a law that has been condemned by rights organisations as a political tool to curb dissent.
"Being a Kashmiri woman, there is a layered and structural institutionalisation of patriarchy – first we are women, then Muslim, then we are in a conflict zone… when you go out you don't know if you will come back or not," she said.
Kashmir is a largely conservative society with a majority-Muslim population, and women still face many curbs. Although the trend is slowly shifting, they are not encouraged to take up careers in journalism, for example. "Even now, a girl with a camera is still a shock for many people in the suburbs," said the woman journalist. (One of the justifications given by the government for revoking Article 370 has been the restitution of the rights enjoyed by women elsewhere in India.) "We are now often prone to censoring ourselves — How is this going to impact me? Is any story worth my life?"
She says that in a recent election to the Kashmir Press Council, not a single woman was encouraged to contest.
After every violent incident in Kashmir, the government shuts down the internet to stop the spread of rumours and propaganda. A report by the Software Freedom Law Centre, which tracks internet shutdowns in India, found that the authorities were disconnecting the internet at a rate of 10 times a month in Jammu and Kashmir.
"After the Amarnath row [when protests broke out over the transfer of land to the cave shrine of Amarnath], for a year our pre-paid sim cards did not work, and SMS services were blocked for six or seven months. Even now, three or four days a week the internet remains suspended," she said.
As with Hussain, Index has not been able to contact the female journalist following the lockdown in Kashmir and is concerned about naming her.
After the communication blockade, people were reported to be queuing outside government offices for hours for just two-minute phone conversations with family members outside Kashmir.
However, not all journalists conversant with Kashmir's politics hold the same view on the militarisation of the region. Some consider it necessary to keep at bay arch-rival Pakistan and militants that allegedly train across the border to launch covert operations against India.
"Kashmir isn't just another border with free access or marked boundaries at all locations," said Aditya Raj Kaul, a Srinagar-born editor who covers strategic affairs and internal security for a business media network. "For the last few decades, state-sponsored terrorism from Pakistan has led to violence and chaos in the state which has further resulted in killings of several journalists, writers and activists. For instance, in recent times several political activists actively campaigning for democratic polls have been gunned down by terrorists.
Referring to the founding editor of Srinagar-based newspaper Rising Kashmir, who was gunned down outside his office, Kaul added: "Shujaat Bukhari was killed by terrorists last year just after he returned from Dubai, where he was participating in a peace summit. Similarly, several journalists and writers face pressure from radical elements to tow a particular line against the state or face consequences.
"There is a fear [and] psychosis created by local politicians for their vested interests. Local media in Kashmir that have been found critical of the state and the establishment haven't faced any hurdles or threats to their livelihoods or professional lives."
Senior journalist and author Shiv Aroor said: "The intention is to demilitarise as much as possible, but you have to remember that we are dealing with an unpredictable, insidious country on the other side – a country that has proven not to care about civilian life and continues a proxy war through militant groups which are frequently harming the local population and which has taken locals psychologically hostage. They are not allowing things to normalise, and eventually it becomes a vicious circle in which all incentive for economic progress of the region is not being allowed to take hold."
There are pockets in Kashmir's tentative border where commercial interests have defied the terrorists, but trade is disrupted every time there's an incident or a border skirmish.
"You are facing an international threat here. It's a question of sovereignty …When there are visible attempts to take control of [Indian] territory, you need the army to have boots on the ground because Kashmir is unlike any other border," said Aroor, who has covered the Indian military for more than a decade.
"Living in a militarised area is oppressive. Nobody wants to live like that," he added, but in the face of stone-pelting by youths, the army and the police often have to make split-second decisions to protect not just themselves but the lives of civilians and stop the possibility of an escalation of violence.
As Kashmir remains tense, civil rights activists are keeping up their pressure on the government to open up communication lines — a goodwill measure that they say will help gain back the trust of the Kashmiri people.
Rituparna Chatterjee is a freelance journalist based in New Delhi
How governments use power to undermine justice and freedom
The summer 2019 Index on Censorship magazine looks at the narrowing gap between a nation's leader and its judges and lawyers.
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Rituparna Chatterjee
Latest posts by Rituparna Chatterjee (see all)
Free speech was being suppressed in Kashmir for a long time before the latest crisis - 14 August

redpajama_set_name: RedPajamaCommonCrawl


A good tan is a necessity in the summer months. Admittedly, I'm not great about maintaining a tan on my face: I've been wearing sunblock on my face pretty much every day for the last 10 years! But of course in the warmer months sun-kissed skin is a must-have. And while minimal sun exposure isn't bad (in fact, it's actually good for you) the amount you need to achieve a solid tan definitely is.
So here's the deal: I'm naturally a light/medium olive. I don't burn, so I don't wear sunblock on my body unless I'm somewhere close to the equator. I wear sunblock on my face and my neck, so they tend to be lighter than the rest of my body. So I'm pretty much always looking for a good sunless tanning product that's going to give me good color that's even and not too intense since it's going on my face. Lucky for me while I was at BeautyCon NYC, I went over to the Tarte booth and they showed me a new product for tanning and one that I hadn't discovered until that day, and both quickly became my favorite tanning products!
The first was the Tarte Maracuja Bronzing Serum. Now, I'm a huge fan of the Maracuja Oil; it's an excellent product for skin and I've been using it for some time now. They've harnessed the elements of maracuja (maRa-koo-jhá, it means passionfruit in Portuguese) into a serum that gradually tans your face. I started using this immediately and saw a hint of color come to my face and neck in just a few days. It's ideal for people who are very light and want just a touch of color, or for those of us who use a tanning product regularly and want to maintain it. Which brings me to the next product! They gave me a goodie bag and in it were a bunch of packets of the Brazilliance™ Skin Rejuvenating Maracuja Self Tanning Face Towelettes. I was excited to try it because I'd tried the Brazilliance body tanning cream and it's awesome, so I hoped these towelettes were just as good. And they were… Not just as good, but better! With one towelette I hit my face, neck, décolleté, and once the towelette started to dry out I sort of blended out over my shoulders and into my arms for an even application. In just a few hours I saw the most perfect color develop, and the next morning when I woke up it looked as though I'd been in Tahiti for weeks! The color is just enough to give me a deep tan without looking fake, and so I use these two in conjunction to maintain a golden, gorgeous glowing tan!
I saw this at Sephora today and was very impressed!
oooh great recommendation! I'm the same colouring as you so this is a great shout!
This stuff is incredible! My skin is so fair, and I burn so easily, but the toilettes give me such a a natural glow!!
Love it! – What lip color do you have on in the last pic? Thx!
I went to sephora and bought tarte brazilliance – and I have to say it is AMAZING! No streaks – even tone and totally natural looking!
Sorry that was long winded!


text:
After record win, Sehrawat set to become SDMC mayor tomorrow
<!– /11440465/Dna_Article_Middle_300x250_BTF –>BJP's mayoral nominee in the South Delhi Municipal Corporation Kamaljeet Sehrawat, who had won the civic polls by a record margin, is set to be elected unopposed tomorrow, when the new team of the civic body will also take charge. Besides, Kailash Sankla would also be chosen unopposed as the deputy mayor as no other party had filed nominations for the two posts. While Sehrawat represents Dwarka-B ward, Sankla won from Punjabi Bagh in the high-stakes MCD polls held on April 23. The post of mayor sees five single-year term on a rotation basis, with the first year being reserved for women, the second for open category, third for reserved category, and the remaining two also being in the open category. For the post of chairman of the south corporation's standing committee, the BJP has fielded Bhupender Gupta. It has fielded Shikha Rai, Nandani Sharma, Tulsi Joshi and Poorva for being members of the panel. Congress' Andrews Ganj councillor Abhishek Dutt has filed nomination for the post of SDMC's panel member while Ashok Kumar, an AAP councillor from Hastsal ward, is also in the fray for the panel membership post. Sehrawat had trounced AAP s Sushma Bansal in Dwarka-B ward by a record margin of 9,866 votes, the highest margin in the entire polls. Sehrawat polled 14,613 while Bansal could just get 4,747 votes. Out of the total 104 wards under SDMC that had gone to polls, the BJP won 70, AAP 16 and Congress 12. One ward each was won by the SP and the INLD, while four independent candidates had also emerged victorious. Incidentally, last year, Janakpuri councillor Shyam Sharma of BJP was elected as mayor, after defeating Praveen Rana of the Congress by a margin of 25 votes. Sharma had secured 62 votes out of total 99 valid votes polled. The erstwhile unified Municipal Corporation of Delhi was trifurcated in 2012 into the NDMC, the SDMC and the EDMC. The first MCD polls after the trifurcation was held the same year. The BJP had bagged 181 of the 270 wards in the civic polls. Delhi has a total of 272 wards. While election to Maujpur ward in east Delhi was held on May 14, Sarai Pipal in north Delhi will go to polls on May 21. Elections in these two wards were postponed due to death of candidates.(This article has not been edited by DNA's editorial team and is auto-generated from an agency feed.)
delhi, india, inld, mayor, mcd, municipal, municipal-corporation, ndmc, sankla, sehrawat
Sanitation priority, women safety on radar: new Mayor Aggarwal
Adityanath shouldn't assume CM post till he is ready to


text:
Richard Bland: Champions Tour exemption would have stopped LIV Golf move
Celtic's Ange Postecoglou cites 'fantastic' Hearts counterpart Robbie Neilson as he questions modern trend
Chris Harris warns Scotland will need to 'raise everything' against the All Blacks
Chris Harris believes Scotland will need to "raise everything" if they are to have a chance of beating New Zealand at Murrayfield on Sunday.
By Graham Bean
11th Nov 2022, 7:00am
Chris Harris helped Scotland beat Fiji 28-12 but warned a big improvement will be needed against the All Blacks. (Photo by Craig Williamson / SNS Group)
Gregor Townsend's side laboured to a 28-12 win over Fiji last weekend after narrowly losing their autumn opener to Australia. The match against the All Blacks represents the toughest test by far of the series and Harris has called on Scotland to be more on point both physically and mentally. The Gloucester centre has never played New Zealand before and a win over the three-time World Cup winners would represent a career high but he knows a big improvement is required.
"We need to raise everything," said Harris. "We got beat against Australia although we did enough to probably win. The first half against Fiji was pretty poor but we were much better in the second half. It has been inconsistent and we have to ramp up our intensity and our energy to stand a chance against the All Blacks.
"It would be quality to play against them. I think they are the only top tier nation I've not played against. It is a challenge I am excited about because I want to test myself and see how I go against some of the best players in the world. This would be one of my favourite wins. But it is not just going to happen. It would be amazing to beat the All Blacks but we have to focus on the game not the win. The win would come off the back of a decent performance."
Ireland proved in the summer that New Zealand were not invincible, beating them twice to claim an historic series win. The All Blacks then lost to Argentina and South Africa in the Rugby Championship to increase the pressure on head coach Ian Foster but they bounced back with consecutive wins against Australia to clinch the title. They have since beaten Japan in Tokyo and Wales in Cardiff and Harris dismissed suggestions they are on the wane.
"I haven't written them off," he said. "It would be a bit naive to write the All Blacks off, especially after them putting 50 points on Wales last week. If we don't turn up on the day it will be a pretty hard day at the office."
Chris HarrisScotlandAll BlacksMurrayfieldAustralia
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text:
[![GoDoc](https://godoc.org/github.com/snikch/aggro?status.svg)](https://godoc.org/github.com/snikch/aggro)
[![Go Report Card](https://goreportcard.com/badge/github.com/snikch/aggro)](https://goreportcard.com/report/github.com/snikch/aggro)

In memory dataset bucketing and metrics, inspired by Elasticsearch aggregations

Installation
-----------------

`go get -u github.com/snikch/aggro`

Example
-------------

Given a dataset...

```go
rows := []map[string]interface{}{
		{"location": "Auckland", "department": "Engineering", "salary": 120000, "start_date": "2016-01-31T22:00:00Z"},
		{"location": "Auckland", "department": "Engineering", "salary": 80000, "start_date": "2016-03-23T22:00:00Z"},
		{"location": "Auckland", "department": "Marketing", "salary": 90000, "start_date": "2016-01-31T22:00:00Z"},
		{"location": "Auckland", "department": "Marketing", "salary": 150000, "start_date": "2016-01-23T22:00:00Z"},
		{"location": "Wellington", "department": "Engineering", "salary": 120000, "start_date": "2016-01-23T22:00:00Z"},
		{"location": "Wellington", "department": "Engineering", "salary": 160000, "start_date": "2016-03-23T22:00:00Z"},
		{"location": "Wellington", "department": "Engineering", "salary": 120000, "start_date": "2016-02-02T22:00:00Z"},
	}
```

Initialize aggro, build aggregations and run...

```go
// Build a dataset that contains a *Table representing your data.
dataset := &Dataset{
	Table: &Table{
		Fields: []Field{
			{"location", "string"},
			{"department", "string"},
			{"salary", "number"},
			{"start_date", "datetime"},
		},
	},
}

// Add our rows to our dataset.
err := dataset.AddRows(rows...)
if err != nil {
	return err
}

// Build our query specifying preferred metrics and bucket composition.
query := &Query{
    Metrics: []Metric{
        {Type: "max", Field: "salary"},
        {Type: "min", Field: "salary"},
    },
    Bucket: &Bucket{
        Field: &Field{
            Name: "location",
            Type: "string",
        },
        Sort: &SortOptions{
            Type: "alphabetical",
        },
        Bucket: &Bucket{
            Field: &Field{
                Name: "department",
                Type: "string",
            },
            Sort: &SortOptions{
                Type: "alphabetical",
            },
        },
    },
}

// Run it.
results, err := dataset.Run(query)
if err != nil {
	return err
}
```

Find a list of available [measurers here](https://github.com/snikch/aggro/blob/master/metrics.go#L15)

redpajama_set_name: RedPajamaGithub


text:
This Pied-À-Terre Will Make You Want To Move To Paris
Almost every day Jackie Kai Ellis is at home in Paris, she slips into her clawfoot tub for a quiet afternoon soak. This is the sort of unhurried act of self-care that she really started to enjoy after she bought her two-bedroom apartment in the 10th arrondissement. During the preceding fast-paced years, Jackie had ended her marriage and her career as a graphic designer, battled through depression and learned the secrets of French pastry at Paris's École Gastronomique Bellouet Conseil. In 2012, she returned to her hometown of Vancouver and opened Beaucoup Bakery & Café, which quickly became known for making one of the best croissants in the city. Not long after, she wrote a memoir about those experiences, The Measure of My Powers, which received glowing reviews when it was published in 2018.
Along the way, Jackie decided she needed a rejuvenating getaway. "Originally, I was thinking this would be a small pied-à-terre; I wasn't thinking of making it my home," says the founder of APT La Fayette, an online platform which promotes simple, everyday beauty. "But I started investing a lot of my soul, for lack of a better word, into it. The more attention you pay something, the more precious it becomes to you."
Scroll down to tour Jackie's charming, 800-square-foot escape in the City of Lights.
The living room's ornate marble fireplace and gilt-framed mirror are original to the apartment. "I wanted to hold on to some of the quirky personality that shows what the space used to be," says Jackie.
Jackie wanted a sofa "big enough to spend whole days lying down on." It also pulls out into a bed, so the apartment can sleep six people comfortably.
Durable quartzite with grey-green veining covers the kitchen countertops, peninsula and backsplash. Jackie truly savors her morning coffee. "Sometimes I really milk it for 30 minutes or an hour," she says.
Copper pots and bowls found at Paris flea markets are displayed alongside dishes from Ikea and Vancouver ceramicists Janaki Larsen and Michelle Nguyen.
The dining table is Jackie's one concession to her rule against buying stopgap furniture. Still searching for her perfect table, she made the base of this one using wood from the hardware store and a glass top found online. The antique plate-warming unit in the corner stopped working long ago but adds charm.
Double doors open onto the principal bedroom. Jackie found the vintage coiffeuse table (background) online through Leboncoin.
Jackie spotted her vintage bed frame online. "I saw the rose and daisy details carved into the wood and fell in love," she says.
Perfumes from Buly 1803, one of Jackie's favorite shops in Paris.
The bathroom's lace curtains and small sink are original to the apartment. The walls are painted Studio Green by Farrow & Ball.
In the guest room, custom cabinets create a niche for the bed, which can be flipped up against the wall and hidden behind the lace drapery if Jackie needs extra space.
The apartment is near a canal that runs through the 10th arrondissement. "There's something special about being in Paris," she says. "You can be renewed here passively. You don't have to go looking for inspiration; it's spoon-fed to you."
Author: Kimberley Brown
Joann Pai
House & Home September 2019
Jackie Kai Ellis
Tags: apartment condos Home Tours Jackie Kai Ellis Paris Paris apartment Parisian
15 Table Accents To Elevate Your Thanksgiving Feast
Step Inside A Fashion Stylist's Bright & Airy Montreal Apartment
Take A Peek Inside This Fashionable Penthouse Bursting With Color
Hilary Swank's Paris Apartment Has Style For Days!


If you are about to be faced with a dress or gown choice for a formal occasion, here are some helpful hints to ensure you make the right choice.
August 16, 2017 August 16, 2017 by Ash52 Comments on WHAT I WORE || BALD HEAD & A SKIRT!
My experience wearing a mid length skirt and sporting a very short hair. What was it like?
July 14, 2017 December 2, 2017 by Ash21 Comments on What I Wore || The T-Shirt Dress + Tips On Finding The Perfect One For You!
A T shirt dress has become one of my favorite summer must haves. Read on to find tips on how you can get the perfect T shirt dress.
June 21, 2017 June 25, 2017 by Ash59 Comments on STYLE POST + The "Don'ts" To Adopt In Your Life Right Now!
I've got a style post and some motivational stuff in this post. Read on for more.


text:
New Zealand's bold shift to accruals accounting was just the start of what has been a groundbreaking transformation. Victor Smart reports.
The evolving Scandinavian social welfare system
There have been fears the legendary status of Scandinavian social welfare was starting to slip but closer inspection suggests that it is merely being restyled to face fresh challenges. Simone Rensch...
Latin America: a region caught in trading crossfire
President Trump's protectionism is aggravating Latin America's fiscal headache. Gavin O'Toole reports.
China: Friend or foe?
China donates more international aid than any other country. But is it really the force for good it claims to be? Victor Smart investigates.
The move to a digital, cashless world
Simone Rensch looks at whether state-backed digital currencies are the future and cash a thing of the past. web_digital_currency_istock-485732055-1.png ISTOCK...
Could free healthcare for all ever be a reality in the US?
Healthcare was a big driver in the outcome of the recent US mid-term elections. But could the Democrats' vision of a truly reformed healthcare system ever become a reality? Simone Rensch finds out.
Performance Management: behind the scenes at Sydney Opera House
Jon Blackburn tells Public Finance how Sydney Opera House is evolving to attract new audiences in a digital age, while a major renovation prepares the venue for the 21st century. soh-hl...
Numbers Game, October 2018
Facts and figures from the international edition of Public Finance magazine on homicide, spending on unemployment benefits and the rise in urban living.
Somalia and Somaliland: training for government finance officials
CIPFA's work to improve public financial management, reporting and public audit around the world continues at pace. Bid and programme manager Sara Breen speaks to PF International about training...
Tajikistan: transforming the Chamber of Accounts
PF International caught up with bid and programme manager Sara Breen about progress on CIPFA's work to modernise the supreme audit institution in Tajikistan. ...
Space programmes: exploring Latin America's burgeoning cities
Latin America's sprawling cities were once synonymous with slums and violence. Now, under dynamic local leadership, they're taking off as engines of growth, writes Gavin O'Toole.
Moving to accrual accounting: how to make your efforts count
Although most countries are united in the desire to shift to accrual accounting, many fail in their aim. But there are some simple ways to keep the process on track, says international public...
Shadows of inequality: South Africa's spending on women and girls
South Africa's post-apartheid constitution is arguably one of the best in the world, but public money is still not used as well as it could be to improve the lives of women and girls. Miriam Mannak...
Taking on technology: interview with Harib Saeed Al Amimi, UAE SAI president
The president of the State Audit Institution of the United Arab Emirates talks to PF International about his career, how audit is changing and the data challenge.
Just 17: the world's progress on ending poverty and pollution
8 Oct 18
The UN's Sustainable Development Goals set ambitious targets for a world without poverty, hunger and pollution. Three years on from their adoption, what progress has been made and how is it best...
Rules of attraction: future-proofing finance
At the heart of strong public financial management is a pool of talented finance people, writes CIPFA's Lindie Engelbrecht.
People power or pointless budgeting?
Participatory budgeting offers a way for governments to repair fractured public trust but successful implementation is not without challenges, reports Simone Rensch.
Eye on the ball: IFAC president Rachel Grimes interviewed
Rachel Grimes is never stumped when asked about global opportunities or why accountancy needs to play with a straight bat. PF International's Simone Rensch speaks to the outgoing IFAC president.
The Brexit effect: NGOs swapping the UK for The Hague
With not-for-profit organisations as worried as the next sector about their life post-Brexit, some have been moving from the UK to a 'safe hub' in a bid to protect funding streams. Simone Rensch...
Global perspectives: James Muraguri, Kenya
James Muraguri is the chief executive officer at the Institute of Public Finance Kenya think-tank, which was founded in 2015, and a trained accountant. He tells PF International about working in...
Explainer: what are green bonds?
Our international reporter Simone Rensch finds out why green bonds are going from a marginal financing tool to becoming mainstream.
Global perspectives: William Haley, Australia
William Haley, a CIPFA member living in Australia, recently won an award for his work at Transport NSW, where he is an associate director. He talks to PF about moving abroad with the CIPFA...
Gender agenda: boosting equality through budgeting
Gender budgeting can do more than advance equality – it can provide an economic boost. However, it requires resources and commitment. Simone Rensch reports.
Learning about the management of public money
CIPFA and the Open University have teamed up to offer a free online introductory course on managing public money. Michaela Lavender completed the course last year and shares her thoughts about the...
Bangladesh: the professional road to end corruption
Bangladesh's public finances were already suffering because of poor economic management, political crises and corruption, when it took on the cost of its huge support to Rohingya refugees....


In 2010, I was rescued from a puppy mill in Missouri. With a little help, along with 89 other dogs, I made my way to Utah. Eight of us ended up at Furburbia.
The hu-mom saw my picture. As you can see, I'm a strawberry-blonde – just like her! They called me "Barley." Hu-mom said she was going to foster, but that was never her intent.
She came into my kennel and crouched down next to me. I could smell the treats in her pocket, but I pushed myself as far as I could into the corner. Hu-mom picked me up and I made my body rigid.
When we got home, hu-mom called me "Harley" because it rhymed with Barley, but sounded tough. She knew I was tough.
One day, hu-mom and her friend, Elfie (her real name is Nora), were sitting at the table. I was on the landing of the stairs watching them.
According to hu-mom, I was named for Captain Augustus McCrae in Lonesome Dove. He was a Texas Ranger that just needed a second chance.
Last year, hu-mom read The Fault in Our Stars by John Green.
One of the main characters is like Captain Augustus McCrae. His name is Augustus Waters. He needed a second chance, too.
I needed a second chance.
My hu-mom's dad's dad was named Gustave Sandstrom. After having a horse shot out from underneath him in World War I, he got a second chance, too.
This entry was posted in Uncategorized and tagged Augustus McCrae, Augustus Waters, Gus, Lonesome Dove, puppy mill, rescue, The Fault in Our Stars. Bookmark the permalink.


text:
Eastern's first service at Columbus, GA 1944
David H. Stringer contributed four photos of Eastern Air Lines' inaugural service at Columbus, GA which took place on August 1, 1944. They are old press photos and really capture the moment. With this additional material, I have split the CSG history into three pages. Enjoy!
Columbus - Part 1: 1920s-1950s
New AAT and Aerosun photos
New photos on the website today sent in by readers. David Silvera sent a photo of an AeroSun / Red Carpet Convair 440 at St. Petersburg. Peter Tyson sent four photos taken of American Air Taxi's Heron N510FW on the ramp at Miami in 1972. Thanks guys! If you'd like to share material on the website, you can reach me (David) through the CONTACT page or the email icon at the bottom of every page.
These photos are linked to the respective pages. Just click or tap on them.
AeroSun 440 at St. Petersburg, courtesy of David Silvera.
AAT Heron at Miami in 1972. Courtesy of Peter Tyson.
Atlanta's Midfield Terminal Turns 40 Today
Hartsfield-Jackson Atlanta International Airport's terminal opened 40 years ago this morning. In honor of this occasion, and because overkill is sometimes a good thing, the ATL History section of the Sunshine Skies website has undergone a major update and expansion with 22 new pages and 292 additional images. Tap or click the Eastern advertisement to begin your journey.
The latest news and additions to the Sunshine Skies website.


text:
RSS | Recent updates | Register or Sign in
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Adapting rights in rem
Restrictions on successions – special rules
Property in marriage & civil partnerships
Matrimonial property regimes
Property consequences of registered partnerships
Parental responsibility - child custody and contact rights
Moving/settling abroad with children
Family maintenance
Cross-border placement of a child including foster family
Protection of vulnerable adults
Children from Ukraine – civil judicial cooperation
Money/monetary claims
European payment order
Court fees concerning European Payment Order procedure
Court fees concerning Small Claims procedure
Insolvency/bankruptcy
Securing assets during a claim in EU countries
Court procedures
Taking of evidence
Service of documents: official transmission of legal documents
Time limits on procedures
Online processing of cases and e-communication with courts
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Which country's court is responsible?
Recognition & enforcement of court decisions
How to enforce a court decision
European enforcement order
European Investigation Order, mutual legal assistance and Joint Investigation Teams
Detention and transfer of prisoners
Freezing of assets and evidence
European protection order
Tools of judicial cooperation
e-Evidence Digital Exchange System
Which country's court is responsible (Conflicts of jurisdiction)
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Brussels IIb Regulation - Matrimonial matters and matters of parental responsibility (recast)
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Taking evidence (recast)
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Compensation to crime victims
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Matters of the property consequences of registered partnerships
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Victims (criminal proceedings)
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Part III - Scope of application, interpretation and effects of the Charter
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1 Should I apply to an ordinary civil court or to a specialised court (for example an employment labour court)?
2 Where the ordinary civil courts have jurisdiction (i.e. these are the courts which have responsibility for such cases) how can I find out which one I should apply to?
3 Where specialised courts have jurisdiction how can I find out which one I have to address?
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The principle underpinning the organisation of the courts in Spain is that of unity of jurisdiction. The only exceptions are military jurisdiction in times of war and states of siege, and the Constitutional Court (Tribunal Constitucional) as the ultimate guarantor of fundamental rights and public freedoms through an application for enforcement of fundamental rights and freedoms (recurso de amparo).
However, jurisdiction is divided between four types of courts: civil courts, criminal courts, courts for contentious administrative proceedings, and social courts.
The cornerstone of the civil courts is the Court of First Instance (Juzgado de Primera Instancia), which hears civil disputes at first instance and proceedings not expressly assigned to another court. The Court of First Instance can therefore be described as the ordinary or usual court.
The civil division includes the Family Courts (Juzgados de Familia), which are Courts of First Instance. Where Family Courts are available (generally in the larger population centres), these are responsible for hearing family law disputes concerning marriage annulment, separation and divorce, parent/child relations and the protection of persons with limited capacity. Where criminal proceedings are brought against one of the parties in a Court dealing with Violence Against Women (Juzgado de Violencia sobre la Mujer), that court will also have jurisdiction over these civil proceedings.
The civil division also includes the specialised Commercial Courts (Juzgados de lo Mercantil) and EU Trade Mark Courts (Juzgados de Marca Comunitaria).
The Social Courts (Juzgados de lo Social) are responsible for hearing cases dealing with employment law. These include individual disputes between employees and employers over employment contracts, collective bargaining disputes, Social Security claims, and claims against the State in respect of its employment law responsibilities.
The criminal courts are responsible for hearing criminal cases.
A feature of Spanish law is that civil proceedings arising from criminal offences can be joined with the criminal proceedings. In these cases, the criminal court will decide on the amount of damages payable in connection with the offence. Where a civil action is not brought by the injured party, it will be brought by the Public Prosecutor on his or her behalf, unless the injured party has expressly waived the right to bring an action in the criminal case.
Lastly, the contentious administrative courts oversee the legality of actions taken by public authorities and hear financial claims against them.
See the answers given below.
2.1 Is there a distinction between lower and higher ordinary civil courts (for example district courts as lower courts and regional courts as higher courts) and if so which one is competent for my case?
In Spain, no distinction is made between the various courts of first instance in terms of the amount of the claims or the seriousness of the cases they can deal with, and no court of first instance hears appeals on rulings by other first instance courts. Appeals in civil proceedings are always heard in the Provincial Courts (Audiencias Provinciales).
2.2 Territorial jurisdiction (is the court of city/town A or of city/town B competent for my case?)
For court purposes, Spain is divided geographically into municipalities, judicial districts, provinces and Autonomous Communities. A district is a territorial unit comprising one or more adjoining municipalities within the same province. It is the most important territorial division, because it is the area in which a Court of First Instance has jurisdiction. (Details can be found on the Ministry of Justice website: Map of judicial districts (mjusticia.gob.es).)
Where necessary in order to deal with the caseload, there is more than one court of the same type. This is now the case in most towns. The courts are numbered consecutively according to when they were established.
In principle, all these courts have the same jurisdiction, and the work is distributed between them according to internal government allocation rules. However, in some circumstances the allocation rules may be used to assign different types of case to different courts within the same district.
2.2.1 The basic rule of territorial jurisdiction
In the absence of any agreement or mandatory rules, the basic rule is that jurisdiction lies with the Court of First Instance of the district where the defendant has his or her domicile or, failing that, his or her residence. If the defendant is neither domiciled nor resident in Spain, the competent court will be the Court of First Instance for the district where the defendant is present or was last resident. Where none of these criteria applies, the claimant may file the claim with the Court of First Instance for the district of his or her domicile.
For these purposes:
Claims against business owners and professional people brought in connection with their business or professional activities may also be brought in any of the places where they carry on their activities, at the claimant's choice.
Claims against legal entities may also be brought in the place where the situation or legal relationship that is the subject of the claim occurred or is to have effect, provided that the legal entity has an establishment or a representative there.
2.2.2 Exceptions to the basic rule
2.2.2.1 When can I choose between the court in the place where the defendant lives (court determined by the application of the basic rule) and another court?
The current Spanish procedural system tends not to leave the choice of territorial jurisdiction to the claimant. It only happens in the following cases:
Actions in rem over real property involving either several properties or one property located in various different districts. In these cases claimants can opt to bring the action in any of the districts with jurisdiction.
Actions to require the presentation and approval of accounts by those responsible for managing another party's assets, if the location where the accounts are to be presented has not been determined. In these cases, claimants may choose between the defendant's domicile and the place where the assets are managed.
Inheritance disputes: claimants can choose between the courts of the deceased's last domicile in Spain and the courts where the majority of the estate is located.
Intellectual property actions: claimants may choose between the following locations: where the infringement occurred; where there is prima facie evidence that the infringement took place; or where there are unlawful copies.
Unfair competition cases where the defendant has no establishment, domicile or residence in Spain. In these cases, claimants may choose either the place where the unfair competition occurred or where its effects are felt.
Claims solely concerned with custody of minors or maintenance claims brought by one parent against the other on behalf of minors, where the two are resident in different court districts. In these cases, claimants may choose either the court where the defendant is domiciled or the court where the child is resident.
Generally speaking, actions involving the exercise of individual consumer or user rights may be heard by the court of the domicile of the consumer, user or defendant, at the choice of the consumer or user.
2.2.2.2 When do I have to choose a court other than that in the place where the defendant lives (court determined by the application of the basic rule)?
In the following cases, there are mandatory rules requiring the claimant to apply to a court other than that of the defendant's domicile. In these cases, the parties cannot opt to submit to the jurisdiction of a particular court, either expressly or implicitly:
Rights in rem or rights to receive rent in respect of real property and matters relating to commonhold property (propiedad horizontal): jurisdiction lies with the courts of the district where the property is located.
Inheritance matters: jurisdiction is determined either by where the deceased was last domiciled in Spain or by where the majority of the estate is located, at the choice of the claimant.
Cases involving assistance for or representation of persons without capacity: these will be heard by the court of the place where the person in question is living.
Protection of fundamental rights through the civil courts: these cases will be heard by the court of the claimant's domicile or, where the claimant has no domicile in Spain, of the place where the act that infringed the right in question took place.
Claims for damages in respect of use of motor vehicles: the court of the place where the damage occurred will have jurisdiction.
Challenges to company resolutions: territorial jurisdiction is determined by the location of the company's registered office.
Actions for a declaration that certain general terms and conditions of contract do not form part of a contract or that a clause is void: the court of the place of the claimant's domicile has jurisdiction.
Declarative actions for the termination or withdrawal of standard contract terms where the defendant has no establishment or domicile in Spain: in these cases the court of the place where the standard contract was concluded has jurisdiction.
Injunctions for the protection of consumers' or users' collective or common interests where the defendant has no establishment or domicile in Spain: in these cases the court of the claimant's domicile has jurisdiction.
Actions to require any of the following persons to comply with their obligations: an insurance company; someone who has sold personal property to another person in instalments, or funded the purchase of that property; someone who has made a public offer of personal property or services that another person has accepted. In these cases, the court of the place of the claimant's domicile has jurisdiction.
Third-party actions to contest seizure of property: the court of the place of domicile of the entity that ordered the seizure will have jurisdiction.
Applications for separation, annulment or divorce: jurisdiction lies with the Family Court – or where there is no Family Court, the Court of First Instance of the location of the marital home. Where there is no marital home, jurisdiction will lie with the court of the location of either the last marital home or the residence of the other spouse. Where none of these exists, the court where the individual is domiciled will have jurisdiction. Where an application is made by mutual agreement, jurisdiction will lie with the court of the location of the last shared home or of the domicile of either spouse.
Claims solely concerned with custody of minors or maintenance claims brought by one parent against the other on behalf of minors: in these cases jurisdiction will lie with the court of the location of the parents' last shared home. Where the parents live in different judicial districts, the claimant may choose between the court where the defendant is domiciled and the court where the child is resident.
2.2.2.3 Can the parties themselves attribute jurisdiction to a court that would not be competent otherwise?
As a general rule, territorial jurisdiction can be changed in Spain, meaning that litigants can submit, either expressly or tacitly, to the courts of a particular district, provided that the courts in question have jurisdiction over the subject matter.
Express submission occurs where the interested parties conclude an express agreement stating the specific district to whose courts they submit.
Tacit submission occurs in the following circumstances:
In the case of the claimant, by the mere fact of applying to the courts of a particular district and filing a claim or making an application or request that has to be filed with the court having jurisdiction to hear the claim.
In the case of the defendant, where he or she has entered an appearance and subsequently performs any procedural step other than filing an application in due time and form to challenge the court's jurisdiction.
Any changes to the parties' domiciles, the location of the object in dispute or the purpose of the proceedings that take place after proceedings have commenced will not lead to a change in jurisdiction, which will be determined in accordance with the situation as confirmed at the start of proceedings (Perpetuatio Iurisdictionis).
Express submission is not permitted in standard form contracts, contracts where general terms and conditions have been imposed by one of the parties, or consumer/user contracts. However, tacit submission is possible in these cases.
No form of submission is possible where the law lays down mandatory rules on territorial jurisdiction.
No form of submission is allowed in fast-track proceedings, order for payment procedures or debt enforcement procedures.
The specialised courts in Spain include the courts listed below.
The Family Courts, which are Courts of First Instance. Where Family Courts are available (generally in the larger population centres), these have sole and exclusive jurisdiction over family matters. Specifically they hear cases concerning:
separation, annulment and divorce; and
the exercise of parental responsibility over minors.
The rules on territorial jurisdiction are the same as the rules that apply to the Courts of First Instance hearing family law matters in the absence of a specialised Family Court in the district in question.
The Social Courts hear employment law claims. These include individual disputes between employees and employers over employment contracts, collective bargaining disputes, Social Security claims and claims against the State in respect of its employment law responsibilities.
The general rule is that territorial jurisdiction lies with the court in the place where the worker provides his or her services or where the defendant is domiciled, at the choice of the claimant.
The Commercial Courts operate at provincial level and deal with commercial litigation.
These courts will hear:
Cases involving any insolvency-related matters, except where the insolvency involves an individual other than a business person: in these cases the non-specialised Courts of First Instance have jurisdiction.
They will also hear related cases involving the following matters:
Civil financial claims against the insolvent person's assets, except claims in proceedings concerning capacity, parentage, marriage and minors.
Corporate actions to bring about the collective termination, amendment or suspension of contracts of employment where the employer is the insolvent party, or actions to suspend or terminate senior management contracts.
Any enforcement action or provisional measure against the insolvent party's assets and economic rights, regardless of which court made the order.
Civil liability actions against company directors, auditors or liquidators over damage and loss suffered by the insolvent party during the insolvency procedure.
Claims relating to:
unfair competition,
intellectual property and advertising,
company law and the law governing cooperative societies,
national or international transport,
maritime law,
general terms and conditions of contract,
the application of arbitration rules to the matters listed above.
Jurisdiction to open and hear insolvency proceedings lies with the Commercial Court of the territory where the debtor has the centre of his or her main interests. If the debtor is also domiciled in Spain and the domicile and centre of main interests are in different places, the Commercial Court of the debtor's domicile will also be competent to hear the case, at the choice of the creditor making the application.
Where the debtor is a legal entity, the presumption is that its registered office is the centre of its main interests. For these purposes, any change of registered office occurring within the six months prior to the application to open insolvency proceedings will not be taken into account.
The Commercial Courts in Alicante operate as the EU Trade Mark Courts when they exercise their exclusive jurisdiction to hear at first instance any litigation brought before them under Council Regulation No 40/94 of 20 December 1993 on the Community trade mark and Council Regulation No 6/2002 of 12 December 2001 on Community designs.
When exercising their jurisdiction over these matters, the Trade Mark Courts have jurisdiction throughout the national territory.
Aside from these specialised courts, by law the General Council for the Judiciary (Consejo General del Poder Judicial) may rule that, where there are several courts of the same type, one or more of them shall have exclusive jurisdiction to hear certain classes of case or to oversee enforcement in the area of law concerned.
This power has already been exercised in several locations, particularly in relation to incapacity and forced institutionalisation on grounds of mental illness, where jurisdiction has generally been assigned to the Family Courts.
The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
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Brexit notice


Is this not the most provocative free speech test case in the nation? The infamous protest group of Fred Phelps and his Westboro Baptist Church staged a protest at a funeral for a dead American soldier with signs reading "Thank God for Dead Soldiers", "You're Going to Hell" and "God Hates the USA." and so forth. It is important to note that the protesters did follow the law which required them to be 1000 feet away from the site. At stake is the penalty in which ithe lower courts have ordered the protesters to pay a $5 million penalty for intentional infliction of emotional distress and other claims. Forty-eight states and veterans groups have sided with the family, while the Associated Press, worried about Free Speech issues, has sided with the protesters. The video below gives statements from both sides.
How would you rule if you were the Supreme Court?


text:
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text:
Previous Publication of Mazar's "Solomonic Wall"
A.D. Riddle has pointed me to a chapter that Eilat Mazar published a few years ago entitled "The Solomonic Wall in Jerusalem" (full bibliographic data below).
It includes a diagram similar to the one published on Hebrew U's Facebook page yesterday. I've added labels in English.
Mazar's diagram with English labels added (original here)
My impression in reading Mazar's chapter is that yesterday's press conference was mostly a re-statement of the conclusions of her 2006 article, which was based on her excavations in the 1980s. In short, she argues that Building C is a four-chambered inner gatehouse which may have been an entrance into a royal palace. She notes that its dimensions are "virtually identical" to those of palace Gate 1567 at Megiddo VA-IVB. With regard to date, she states that "the ceramic data were insufficient to provide a more precise determination within the terminus post quem time frame for the construction of Building C."
She found two floors in Building D, the later of which was laid "no earlier than the 8th century." She believes an intact black juglet was placed under a foundation stone as a "construction offering" and dates the building to the 10th century.
She concludes in part:
Based on the finds sealed below the floors of Buildings C and D, the construction of the fortification complex in the Ophel should be dated to the 10th century BCE. This date corresponds to the biblical passage announcing that King Solomon built a defensive wall around Jerusalem. There is no reason to assume that someone other than Solomon constructed or reconstructed the Ophel fortification line at some time during the 10th-9th centuries BCE.
It sounds as if Mazar has found more evidence in her recent excavation that confirms her previous conclusion that this fortification system dates to the time of Solomon. I don't believe that her previous conclusions met with much enthusiasm from the scholarly community; we'll see how the archaeologists evaluate her new material.
The bibliographic data for this publication is as follows:
Mazar, Eilat. 2006 "The Solomonic Wall in Jerusalem." Pp. 775-786 in "I Will Speak the Riddles of Ancient Times": Archaeological and Historical Studies in Honor of Amihai Mazar on the Occasion of His Sixtieth Birthday. Ed. A. Maeir and P. de Miroschedji. Winona Lake: Eisenbrauns.
This two-volume work is available from Eisenbrauns.
Tagged Analysis, Discoveries, Excavations, Jerusalem
One thought on "Previous Publication of Mazar's "Solomonic Wall""
Qumran says:
The results of the new ecavations have now been published in a fantastic book:
"Discovering the Solomonic Wall in Jerusalem"
Publisher: Shoham Academic Research and Publication
Cover: Paper
ISBN13: 978-965-90299-6-9
see the website here:
http://www.eisenbrauns.com/ECOM/_39C0F8053.HTM
now every visitor of Jerusalem
can walk through the newly opened excavation:
http://www.thetrumpet.com/?q=8385.13.0.0
Hopefully many tourists will view Dr. Mazar's new excavation as well as her dig in Ir David (City of David)
Alexander Schick
Qumran- & Bibleexhibition Westerland / Sylt (Germany)
http://www.bibelausstellung.de
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