3,785 research outputs found
Two new species of Caenis Stephens, 1835 (Ephemeroptera: Caenidae) from South America
Get PDFLima, Lucas R. C., Molineri, Carlos, Pinheiro, Ulisses, Salles, Frederico F. (2016): Two new species of Caenis Stephens, 1835 (Ephemeroptera: Caenidae) from South America. Zootaxa 4170 (1): 114-124, DOI: http://doi.org/10.11646/zootaxa.4170.1.
New species of Leptohyphidae (Ephemeroptera) from northeastern Brazil
No full textLima, Lucas R. C., Salles, Frederico F., Pinheiro, Ulisses Dos S. (2011): New species of Leptohyphidae (Ephemeroptera) from northeastern Brazil. Zootaxa 3050: 63-68, DOI: 10.5281/zenodo.20683
FIGURE 2 in Reestablishing Dicranopteris spissa (Gleicheniaceae, Polypodiopsida) from synonymy, an endemic species from Brazil
No full textFIGURE 2. Dicranopteris rufinervis (Salino 16256). A. Abaxial surface. B. Detail of the main bifurcation showing the dormant bud covered with hairs. C. Bud hairs. D–E. Detail of the abaxial surface showing the indument. F. Detail of a rhizome hair. G. Rhizome. Scale bar: B, D, E and G = 1mm, C and F = 0.2 mm.Published as part of Lima, Lucas Vieira & Salino, Alexandre, 2022, Reestablishing Dicranopteris spissa (Gleicheniaceae, Polypodiopsida) from synonymy, an endemic species from Brazil, pp. 98-104 in Phytotaxa 533 (1) on page 101, DOI: 10.11646/phytotaxa.533.1.7, http://zenodo.org/record/597410
A new species of Miroculis Edmunds, 1963 (Ephemeroptera: Leptophlebiidae) from Northeastern Brazil
No full textLima, Lucas R. C., Raimundi, Erikcsen A., Pinheiro, Ulisses, Salles, Frederico F. (2014): A new species of Miroculis Edmunds, 1963 (Ephemeroptera: Leptophlebiidae) from Northeastern Brazil. Zootaxa 3795 (4): 441-448, DOI: 10.11646/zootaxa.3795.4.
BETWEEN SCIENCE AND LAW: THE USE OF EXPERTS BEFORE THE INTERNATIONAL COURT OF JUSTICE
No full textThe aftermath of the Pulp Mills judgement raised questions about the inadequacy of instruments at the International Court of Justice’s disposal to deal with disputes having science-heavy or factual-complex evidence involved. In other words, the questions was whether and to what extent a court of law, especially one with some diplomatic contours as the ICJ, could properly grapple with complex evidence when called to settle a scientific dispute. In recent times, several disputes brought before the Court have touched upon scientific evidence and highly technical matters. Accordingly, the question sparked interest in the scholarship. The problem of how courts of law operate whenever they meet science can be traced back to the eighteen century, almost as a consequence of the industrial revolution, and has been present ever since. The ways to deal with those problems depend, to a certain extent, on the contours of the legal system in which they arise. While the Anglo-Saxon system favoured the use of party-appointed experts, le juge de la codification of civil law systems would not conceive the idea of letting the parties almost exclusively responsible for identifying the “truth”. Both systems had problems in taming science within the courtrooms. Paradoxically, since the evidentiary system of the International Court of Justice appears to be a blend between the two systems, it is not a surprise to see some of those problems being mirrored in the international level. Although the appearance of experts before international courts is not a recent feature, the growing number of technical questions underlying disputes shed new lights on the potential problems arising with their appearance. This seems to be true particularly if one considers that experts can perform different functions before international tribunals. In the context of the ICJ, experts (a) may offer technical assistance to the parties in their pleadings appearing as members of the defensive teams; (b) may be called by the parties to give evidence before the Court in the quality of pleaders; (c) can be called through an specific procedure and be tested by the technique of cross-examination; (d) can help the Court to gather the factual information of a dispute (fact-finding function); (e) can be called in order to help the Court to understand the technical or scientific evidence put forward by the parties in a dispute (fact-assessment function); and (f) can perform an specific technical function related to their knowledge such as the preparation of maps or helping the parties to demarcate their boundaries.
In the light of these potential and varied functions, an examination of the instruments at the ICJ’s disposal might prove to be useful in the context of the growing numbers of scientific disputes. In order to perform this examination, this study is structured in three parts. The first chapter offers a perusal of instruments for the use of experts available to the ICJ to deal with technical and scientific evidence. The primary focus is to draw a framework on the limits and the problems related to each instrument employed by the Court. In the second chapter, the examination targets to other two tribunals dealing with interstate disputes. The idea of examining the rules and the case law of other tribunals has as main purpose the comparison between instruments. Given the several possibilities of international adjudicative bodies to examine, my focus will be on two tribunals which are, to more or less extent, more similar to the context in which the ICJ operates: the International Tribunal for the Law of the Sea (ITLOS) and interstate arbitration. In the third chapter, I examine three procedural values which appear strictly connected to the appearance of experts in a judicial proceeding, namely transparency, due process and the independence and impartiality of the adjudicative body. Drawing from the practice of the ICJ and the comparison between legal instruments, I test each instrument at the Court’s disposal in the light of such values. I conclude with some suggestions on how the ICJ could improve, taken these procedural values into account, its method of employing experts to deal with technical and scientific evidence.
If one looks to the way the Court and the parties availed themselves of experts in its recent case law (2006-2016), it appears to exist a continuous development and refinement of the techniques and procedures regarding experts. Comparing the procedures employed by the parties and by the Court in the Pulp Mills case (whose oral hearings took place in 2009) with those in the Whaling (2014) and Costa Rica v. Nicaragua (2016, still pending) cases, one can identify a more active approach assumed by the Court. The evolutionary approach finds confirmation in the fact that the Court, for the first time since the Corfu Channel case, has resorted to article 50 and nominated two independent experts to gather evidence in locu.
This “evolution” might be attributed to two relevant factors. First, one is left with the impression that a prolific dialogue has occurred between parties, Court and scholarship. The second factor contributing to the amelioration of the procedure on experts is due to the fact that disputes touching upon technical issues were and are still being brought by States before the ICJ.
The argument developed in this thesis is that whatever should be the avenue explored by the Court, it should be put to the test of three procedural values: transparency, due process and independence. That would certainly add, to a greater or lesser extent, to the fairness of the proceedings, to the correctness of the judgment, to the effectiveness of the decision-making process and, ultimately, to the over-arching legitimacy of the judicial activity. The second main general proposal espoused by this thesis after the examination conducted is that the Court would benefit from a blended approach to the problem, combining techniques of common law and civil law, or more specifically, combining the use of ex parte and ex curiae experts when dealing with cases of a complex background. That seems to be the successful lesson taught by arbitral tribunals settling interstate disputes. A combined approach would also shield the Court from criticisms which allege that the method of testing evidence by the use of party-appointed experts is too heavily influenced by the common law system. The combined use of experts does not only strike a balance between the civil law and common law approaches to the procedure, but also between the values to be protected by the proceedings. In practical terms, the ICJ seems to be well equipped to improve the cross-examination of party-appointed experts with the use of assessors or ex curiae experts so as to receive technical advice. This solution would not require to Court to adopt a measure too far-off from its present procedure. If it is true that there is a strong likelihood that technical and scientific matters might appear again in the docket of the World Court, then it seems also true that experts still have an important role to perform in the proceedings before the ICJ. Testing the procedures for refining the fact-finding and fact-assessment by the Court through procedural values might constitute an adequate and useful way for refining the procedure regarding the appearance of experts
Metafísica y bioética II: problemas bioéticos: Acerca de Antropología y problemas bioéticos de R. Lucas Lucas
No full textSummary: In his previous article the author had examined the epistemologica! foundations of Bioethics. In the present, real metaphysical principi es of Bioethics are founded upon an analysis of significant bioethical problems. These principles are sought in F. Lucas Lucas' book "Anthropologia y problemas bioéticos ". This book is an analysis of bioethical questions from the perspective of an anthropology solid rooted in metaphysics. The article concludes by indicating various tasks thai Metaphysics musi develop lo arrive al a solid foundation of Bioethics
FIGURE 3A–F. Wings. A–C in Two new species of Simothraulopsis Demoulin, 1966 (Ephemeroptera: Leptophlebiidae) from Roraima State, northern Brazil
No full textFIGURE 3A–F. Wings. A–C) Simothraulopsis pacaraima sp. nov.: A) forewing; B) hind wing (enlarged); C) hind wing. D–F) Simothraulopsis rainori sp. nov.: D) forewing; E) hind wing (enlarged); F) hind wing.Published as part of Boldrini, Rafael, Lima, Lucas Ramos Costa, Oliveira, Ismael Barreto De, Boldrini, Bianca Maira De Paiva Ottoni & Salles, Frederico Falcão, 2022, Two new species of Simothraulopsis Demoulin, 1966 (Ephemeroptera: Leptophlebiidae) from Roraima State, northern Brazil, pp. 279-286 in Zootaxa 5213 (3) on page 283, DOI: 10.11646/zootaxa.5213.3.5, http://zenodo.org/record/735998
FIGURES 1–2 in A new species of Miroculis Edmunds, 1963 (Ephemeroptera: Leptophlebiidae) from Northeastern Brazil
No full textFIGURES 1–2. Male imago of Miroculis (M.) stenopterus, sp. nov. 1. Frontal view of head; 2. Dorsal view of head.Published as part of Lima, Lucas R. C., Raimundi, Erikcsen A., Pinheiro, Ulisses & Salles, Frederico F., 2014, A new species of Miroculis Edmunds, 1963 (Ephemeroptera: Leptophlebiidae) from Northeastern Brazil, pp. 441-448 in Zootaxa 3795 (4) on page 442, DOI: 10.11646/zootaxa.3795.4.4, http://zenodo.org/record/22529
FIGURE 1 in Two new species of Caenis Stephens, 1835 (Ephemeroptera: Caenidae) from South America
No full textFIGURE 1. Records of the new species of Caenis from South America: Caenis amacayacu sp. nov. (red star) and Caenis elidioi sp. nov. (orange circles).Published as part of Lima, Lucas R. C., Molineri, Carlos, Pinheiro, Ulisses & Salles, Frederico F., 2016, Two new species of Caenis Stephens, 1835 (Ephemeroptera: Caenidae) from South America, pp. 114-124 in Zootaxa 4170 (1) on page 115, DOI: 10.11646/zootaxa.4170.1.5, http://zenodo.org/record/25864
Simothraulopsis gracilianus Lima 2018, sp. nov.
No full text<i>Simothraulopsis gracilianus</i> sp. nov. <p>(Figs. 2C–D; 3D–F; 4C–D)</p> <p> <b>Diagnosis.</b> Male imago: 1) general coloration: thorax dark brown, abdomen black with anterior margins yellowish (Fig. 2C, D) (see comments below in Thorax section about colour change with preservation); 2) hind wing with costal projection forming a right angle, located approximately 1/2 distance from base to apex of wing (Figs. 3E–F); 3) terga I and IX completely black, terga II–VIII with basal yellowish bands, and tergum X yellowish; (Fig. 2D); 4) penis projection spine-like of median size (approximately half of the total length of penis lobes) and medially directed (Figs. 4C–D); 5) penis lobes fused on basal 1/3 (Fig. 4D); 6) inner margins of lobes basally parallel and distally divergent, and outer margins strongly curved.</p> <p> <b>Male imago.</b> Length: body: 6.2 mm; forewing: 6.1 mm; hind wing: 0.9 mm.</p> <p> <b>Head.</b> Dorsal region dark brown; ventral region yellowish, with blackish marks. Upper portion of compound eyes reddish brown, lower portion black; ocelli whitish, surrounded by black (Fig. 2C). Scape and pedicel of antenna brown, flagellum whitish brown.</p> <p> <b>Thorax.</b> Pronotum brown, margins black; with a medial white mark. Mesonotum dark brown (in freshly killed specimens) as Fig. 2D to orangish (fixed specimens preserved for a long time) as Fig. 2C; longitudinal medial, anterolateral scutal, lateroparapsidal and medioparapsidal sutures light brown; posterior scutal protuberance, scuto- scutellar impression and scutellum black. Pleura brown washed with dark brown; membranous area yellowish. Metanotum dark brown. Sterna light brown, sutures darker. Wings membrane hyaline. Forewing with longitudinal veins whitish yellow and cross veins translucent; costal brace and base of veins C, Sc and anal section dark brown; fork of vein MP slightly asymmetric (Fig. 3D). Hind wing with costal projection developed, forming a right angle, located approximately 1/2 distance from base to apex of wing; longitudinal and cross veins brown, except base of vein C to costal projection darker; costal region brownish, part of lower portion of hind wing dark brown (Figs. 3E–F). Coxae and trochanters yellowish, washed with gray; femur orangish with blackish marks on apical region; tibia yellowish washed with black, apical region lighter; tarsi yellowish, tarsomeres I and II with apical blackish marks.</p> <p> <b>Abdomen.</b> Terga black with anterior margins yellowish. Terga I and IX completely black, tergum X completely yellowish, and terga II–VIII with basal yellowish bands (Fig. 2D). Sterna yellowish. Genitalia (Fig. 4C). Styliger plate grayish. Forceps segment I black, apically lighter; segments II and III whitish gray. Segment II 0.11 the length of segment I, 1.58 the length of segment III. Penis lobes yellowish brown, fused on basal 1/3; each lobe rounded apically, separated by a distance either greater than width of one penis lobe, with a medially directed spine-like projection of median size (approximately half of the total length of penis lobes) projection; inner margins of penis lobes basally parallel and distal half divergent and outer margins strongly curved (Fig. 4D); ventral region of penis lobes without a well-marked sclerotized region. Caudal filaments broken and lost.</p> <p> <b>Etymology.</b> Name in apposition, nominative singular from classical form. We are pleased to dedicate this species after Graciliano Ramos, a famous Brazilian modernist writer, politician and journalist that was born in the type locality.</p> <p> <b>Material examined. Holotype:</b> Male imago (dissected and mounted on slides), Brazil, Alagoas State, Quebrangulo municipality, Bica da Juliana, 9°14'21"S, 36°27'11.7"W, 637m, 17–18.iv.2014, Lima LRC coll. (UFVB). <b>Paratype.</b> One male imago, same data as holotype.</p> <p> <b>Comments.</b> <i>Simothraulopsis gracilianus</i> <b>sp. nov.</b> has distinctive penis lobes in relation to the other species of the genus. The inner margins of penis lobes are basally parallel and divergent distally, and the outer margins are strongly curved. The apical spines are directed to the midline of the styliger plate as in <i>S. diamantinensis</i> and <i>S. eurybasis</i>, but in <i>S. gracilianus</i> the spines are longer (approximately half of the total length of penis lobes) while in <i>S. diamantinensis</i> and <i>S. eurybasis</i> the spines are less than the half of total length of penis lobes.</p>Published as part of <i>Lima, Lucas R. C., 2018, New species of Simothraulopsis Demoulin, 1966 (Ephemeroptera: Leptophlebiidae) from Northeastern Region of Brazil, pp. 253-260 in Zootaxa 4461 (2)</i> on pages 258-259, DOI: 10.11646/zootaxa.4461.2.6, <a href="http://zenodo.org/record/1460068">http://zenodo.org/record/1460068</a>
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