• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.54
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• pp.145-166
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• 2012

This article examines the limitations of the choice of law caused by Internationally Mandatory Rules in Entering into the Turn-Key Contracts. In June 2007, Clough Engineering, a corporation based in Western Australia, approached the Federal Court of Australia seeking injunctive relief and leave to commence proceedings against an entity located outside Australia, the Oil & Natural Gas Corp of India (ONGC). Clough had contracted with ONGC to provide a range of services in relation to the construction of gas and oil wells off the coast of India. The contract was governed by Indian law, and included a clause by which the parties agreed to submit their disputes to arbitration. Yet the Federal Court assumed jurisdiction over the dispute, principally because Clough had framed its claim as a plea for relief for contraventions of Australia's Trade Practices Act 1974. The result of this cases that it is possible for an arbitral tribunal to hear a claim made under the Trade Practices Act even if that claim arises "in connection with"a contract the proper law of which is not the law of Australia. However, in Transfield Philippines Inc v Pacific Hydro Ltd, the turnkey contract included a choice of law provision, selecting the law of the Philippines, and a clause providing that all disputes arising out of or in connection with the agreement were to be arbitrated under the ICC Rules, with the seat in Singapore. Hearings were in fact conducted in Melbourne, Australia, although all awards were published in Singapore. The result of this cases that it would not be appropriate for an Australian court to adjudicate claims for misrepresentation under Australian statutes dealing with misleading and deceptive conduct, once the arbitral tribunal had determined, applying appropriate choice of law rules, that such claims are governed by the law of the Philippines. To do so would lead to a multiplicity of proceedings, usurp the jurisdiction of the tribunal and deny the intention of the parties as expressed by them in the arbitration agreement. In short, the Internationally Mandatory Rules as an active part of public order create limitation of party autonomy in choice of law rules in a different way. The court is fully entitled to refuse to use those rules of law applicable on the contract which are in the contradiction to the internationally mandatory rules of law of the forum. And the court may give an effect to those Internationally Mandatory Rules that form a part of a law of foreign country when deciding about applicability of certain rules of applicable law.

• Ocean Systems Engineering
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• v.2 no.2
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• pp.99-113
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• 2012

Steel Catenary Risers (SCR) are the simplest and often the most economic solution compared to other riser types such as flexible pipe, riser towers, top tensioned risers, etc. The top of a SCR is connected to the host platform riser porch. The other end of the SCR connects to flowlines from subsea wells. The riser touchdown point (TDP), which is the location along the riser where contact with the sea floor first occurs, exhibits complex behaviors and often results in compression and fatigue related issues. Heave dynamic responses of semisubmersibles in extreme and operating sea states are crucial for feasibility of SCR application. Recent full field measurement results of a deep draft semisubmersible in Hurricane Gustav displayed the considerable discrepancies in heave responses characteristics between the measured and the simulated results. The adequacy and accuracy of the simulated results from recognized commercial software should be examined. This finding raised the awareness of shortcomings of current commercial software and potential risk in mega investment loss and environmental pollutions due to SCR failures. One main objective of this paper is to attempt to assess the importance and necessity of accounting for viscous effects during design and analysis by employing indicator of viscous parameter. Since viscous effects increase with nearly third power of significant wave height, thus newly increased metocean criteria per API in central Gulf of Mexico (GoM) and even more severe environmental conditions in Western Australia (WA) call for fundamental enhancements of the existing analysis tools to ensure reliable and robust design. Furthermore, another aim of this paper is to address the impacts of metocean criteria and design philosophy on semisubmersible hull sizing in WA and GoM.

• Wind and Structures
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• v.12 no.4
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• pp.383-400
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• 2009

Low rise building roofs can be subjected to large fluctuating pressures during a tropical cyclone resulting in fatigue failure of cladding. Following the damage to housing in Tropical Cyclone Tracy in Darwin, Australia, the Darwin Area Building Manual (DABM) cyclic loading test criteria, that loaded the cladding for 10000 cycles oscillating from zero to a permissible stress design pressure, and the Experimental Building Station TR440 test of 10200 load cycles which increased in steps to the permissible stress design pressure, were developed for assessing building elements susceptible to low cycle fatigue failure. Recently the 'Low-High-Low' (L-H-L) cyclic test for metal roofing was introduced into the Building Code of Australia (2007). Following advances in wind tunnel data acquisition and full-scale wind loading simulators, this paper presents a comparison of wind-induced cladding damage, from a "design" cyclone proposed by Jancauskas, et al. (1994), with current test criteria developed by Mahendran (1995). Wind tunnel data were used to generate the external and net pressure time histories on the roof of a low-rise building during the passage of the "design" cyclone. The peak pressures generated at the windward roof corner for a tributary area representative of a cladding fastener are underestimated by the Australian/New Zealand Wind Actions Standard. The "design" cyclone, with increasing and decreasing wind speeds combined with changes in wind direction, generated increasing then decreasing pressures in a manner similar to that specified in the L-H-L test. However, the L-H-L test underestimated the magnitude and number of large load cycles, but overestimated the number of cycles in the mid ranges. Cladding elements subjected to the L-H-L test showed greater fatigue damage than when experiencing a five hour "design" cyclone containing higher peak pressures. It is evident that the increased fatigue damage was due to the L-H-L test having a large number of load cycles cycling from zero load (R=0) in contrast to that produced during the cyclone.

• Safety and Health at Work
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• v.3 no.1
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• pp.17-21
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• 2012

Objectives: Asbestos-related diseases (ARDs) have increased globally over the decades, causing an economic burden and increased health care costs. It is difficult to predict the risk of development of ARDs and of respiratory disability among workers with a history of asbestos exposure. Blood based biomarkers have been reported as promising tools for the early detection of malignant mesothelioma. This study investigated whether serum soluble mesothelin-related peptide (SMRP) would reflect severity of disablement in compensable ARDs. Methods: SMRP levels were measured in a cohort of 514 asbestos-exposed subjects. Severity of ARDs was assessed by a Medical Authority comprising four specially qualified respiratory physicians. Severity of ARDs and SMRP levels were compared. Results: Mean (standard deviation) serum SMRP level in the population with compensable ARDs (n = 150) was 0.95 (0.65) nmol/L, and was positively associated with disability assessment (p = 0.01). Mean SMRP level in healthy asbestos-exposed subjects was significantly lower than those with pleural plaques (p < 0.0001) and in subjects with ARDs who received compensation (p < 0.01). Conclusion: This study indicates that serum SMRP levels correlate with severity of compensable ARDs. Serum SMRP could potentially be applied to monitor progress of ARDs. Further prospective work is needed to confirm the relationship between SMRP and disability assessment in this population.

• Journal of Forest and Environmental Science
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• v.29 no.1
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• pp.1-14
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• 2013

Acacia mangium is an evergreen fast-growing tropical tree, which can grow up to 30 m tall and 50 cm thick, under favorable conditions. It is a low-elevation species associated with rain forest margins and disturbed, well-drained acid soils. It is native to Papua, Western Irian Jaya and the Maluku islands in Indonesia, Papua New Guinea and north-eastern Queensland in Australia. Due to its rapid growth and tolerance of very poor soils, A. mangium was introduced into some Asian, African and western hemisphere countries where it is used as a plantation tree. A. mangium has good quality wood traits, such as a comparatively low proportion of parenchymatous cells and vessels, white and hard wood, and high calorific value. Therefore, it is useful for a variety of purposes, such as furniture, cabinets, turnery, floors, particleboard, plywood, veneer, fence posts, firewood, and charcoal. It is also being used in pulp and paper making because it has good pulp traits, with high yields of pulp, quality of kraft, and produces paper with good optical, physical and surface properties. Because there are significant provenance differences in growth rate, stem straightness, heartwood formation and frequency of multiple leaders, the productivity and quality also varies depending upon environmental conditions, so genetic improvement programmes have been undertaken in countries like Australia, India, Indonesia, Malaysia, the Philippines, Taiwan and Thailand. The programme includes provenance identifications and testing, plus tree selection and clonal multiplication, establishment of seed orchards and hybridization. The phenology, reproductive biology, fruit characteristics, silvicultural practices for cultivation, pest and diseases problems, production of improved planting stock, harvesting, wood properties and utilization have been discussed in this paper.

• Structural Engineering and Mechanics
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• v.36 no.1
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• pp.111-127
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• 2010

This paper studies the effects of spatially varying ground motions on the responses of a bridge frame located on a canyon site. Compared to the spatial ground motions on a uniform flat site, which is the usual assumptions in the analysis of spatial ground motion variation effects on structures, the spatial ground motions at different locations on surface of a canyon site have different intensities owing to local site amplifications, besides the loss of coherency and phase difference. In the proposed approach, the spatial ground motions are modelled in two steps. Firstly, the base rock motions are assumed to have the same intensity and are modelled with a filtered Tajimi-Kanai power spectral density function and an empirical spatial ground motion coherency loss function. Then, power spectral density function of ground motion on surface of the canyon site is derived by considering the site amplification effect based on the one dimensional seismic wave propagation theory. Dynamic, quasi-static and total responses of the model structure to various cases of spatially varying ground motions are estimated. For comparison, responses to uniform ground motion, to spatial ground motions without considering local site effects, to spatial ground motions without considering coherency loss or phase shift are also calculated. Discussions on the ground motion spatial variation and local soil site amplification effects on structural responses are made. In particular, the effects of neglecting the site amplifications in the analysis as adopted in most studies of spatial ground motion effect on structural responses are highlighted.

• The Bulletin of The Korean Astronomical Society
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• v.42 no.1
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• pp.46.3-47
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• 2017

We performed simultaneous VLBI observations of H2O 616-523 (22.2 GHz) and SiO v=1, 2, J=1-0 (43.1, 42.8 GHz) and v=1, J=2-1, J=3-2 (86.2, 129.3 GHz) masers toward VX Sagittarius using the Korean VLBI Network (KVN). The astrometrically registered maps of the 22.2 GHz H2O and 43.1, 42.8, 86.2 SiO masers were successfully obtained at two epochs of 2016 February 27 and 2016 March 27 by adopting the Source Frequency Phase Referencing (SFPR) method. In addition we detected 129.3 Ghz SiO maser at second epoch. These results make it possible to determine the accurate position of central star as a dynamical center of 22.2 GHz H2O maser and relative locations of 43.1, 42.8, 86.2, 129.3 GHz SiO masers. In addition, it is possible to investigate the morphological and kinematic variations of clumpy structures from SiO maser to H2O maser regions in future together with the development of asymmetric structure of H2O maser region.

• Journal of the Korean earth science society
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• v.34 no.4
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• pp.336-344
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• 2013

This study has developed a multiple linear regression model (MLRM) for the seasonal prediction of the summer tropical cyclone genesis frequency (TCGF) over the western North Pacific (WNP) using the four teleconnection patterns. These patterns are representative of the Siberian high Oscillation (SHO) in the East Asian continent, the North Pacific Oscillation (NPO) in the North Pacific, Antarctic oscillation (AAO) near Australia, and the circulation in the equatorial central Pacific during the boreal spring (April-May). This statistical model is verified by analyzing the differences hindcasted for the high and low TCGF years. The high TCGF years are characterized by the following anomalous features: four anomalous teleconnection patterns such as anticyclonic circulation (positive SHO phase) in the East Asian continent, pressure pattern like north-high and south-low in the North Pacific, and cyclonic circulation (positive AAO phase) near Australia, and cyclonic circulation in the Nino3.4 region were strengthened during the period from boreal spring to boreal summer. Thus, anomalous trade winds in the tropical western Pacific (TWP) were weakened by anomalous cyclonic circulations that located in the subtropical western Pacific (SWP) in both hemispheres. Consequently, this spatial distribution of anomalous pressure pattern suppressed convection in the TWP, strengthened convection in the SWP instead.

• The Bulletin of The Korean Astronomical Society
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• v.41 no.2
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• pp.62.2-62.2
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• 2016

We present a newly developed algorithm based on a Bayesian method for 2D tilted-ring analysis of disk galaxies which operates on velocity fields. Compared to the conventional ones based on a chi-squared minimisation procedure, this new Bayesian-based algorithm less suffers from local minima of the model parameters even with high multi-modality of their posterior distributions. Moreover, the Bayesian analysis implemented via Markov Chain Monte Carlo (MCMC) sampling only requires broad ranges of posterior distributions of the parameters, which makes the fitting procedure fully automated. This feature is essential for performing kinematic analysis of an unprecedented number of resolved galaxies from the upcoming Square Kilometre Array (SKA) pathfinders' galaxy surveys. A standalone code, the so-called '2D Bayesian Automated Tilted-ring fitter' (2DBAT) that implements the Bayesian fits of 2D tilted-ring models is developed for deriving rotation curves of galaxies that are at least marginally resolved (> 3 beams across the semi-major axis) and moderately inclined (20 < i < 70 degree). The main layout of 2DBAT and its performance test are discussed using sample galaxies from Australia Telescope Compact Array (ATCA) observations as well as artificial data cubes built based on representative rotation curves of intermediate-mass and massive spiral galaxies.

• Asian-Australasian Journal of Animal Sciences
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• v.13 no.12
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• pp.1779-1787
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• 2000

Southern and south-western Australia is a typical mediterranean environment, characterised by wet, cold winters and dry, hot summers. The evaporation rate varies significantly in summer, resulting in a high salinity of drinking water for grazing animals. In addition, a large amount of land in the cropping areas is affected by salt. Puccinellia, tall wheat grass and saltbushes have been planted to improve the soil condition and to supply feed for grazing animals. Animals grazing these areas often ingest an excessive amount of salt from soil, forage and drinking water which can reduce feed intake, increase the water requirement, depress growth and affect body composition as demonstrated in sheep. While the deer industry has been successfully developed in these regions, the potential impact of excessive salt intake on deer production is unknown. The salt tolerance has been well defined for sheep, cattle and other livestock species, but the variation between animal species, breeds within species, maturity status and grazing environments makes it impossible to apply these values directly to deer. To optimise deer production and effectively use natural resources, it is essential to understand the salt status of grazing deer and the impact of excessive salt intake on growth and reproduction of deer.