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How the Dart Charge took its toll on motorists

National Highways apologises for the problems people are having and pledges to put things right.






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Arsenal's Russo writes poem for best pal Toone

Arsenal forward Alessia Russo unlocks her phone to reveal her go-to songs, poetry skills and the football idol she chats to on social media.




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velocityconf: New #velocityconf speaker interview w/ @sascha_d http://t.co/zg4tzDzIlH Config Management: It's Not About the Tool

velocityconf: New #velocityconf speaker interview w/ @sascha_d http://t.co/zg4tzDzIlH Config Management: It's Not About the Tool




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How to Turn Off Bluetooth in iOS 18 on iPhone

The iOS 18 update is a fun one with some intriguing new features, mostly for visual tweaks like adding dark mode icons and color hues, and of course there’s Apple Intelligence AI features if your iPhone is new enough to support those features. One of the other major changes in iOS 18 and iPadOS 18 ... Read More




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Bluetooth speaker inside a mannequin head

A Boring Day's DIY head speaker is a one-of-a-kind speaker straight out of the uncanny valley. It's fantastic. 

The speaker is built inside of a plastic mannequin head, with exposed wires that look like the mannequin's hairdo. The sound comes out of the mannequins eye holes which look like bug eyes.To — Read the rest

The post Bluetooth speaker inside a mannequin head appeared first on Boing Boing.





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A.F. Branco Cartoon – Team Kamala

A.F. Branco Cartoon – The Media (CBS, MSNBC, CNN, ABC, etc. are showing their complete bias in support of Kamala..




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A.F. Branco Cartoons Etc 10/16/24

A.F. Branco and Joe Dan Gorman discuss Tony’s recent toons and related issues, along with some videos and a few..




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A.F. Branco Cartoon – DOJ vs Fair Elections

A.F. Branco Cartoon – The DOJ is Suing Virginia over purging illegal registrations from their voter rolls. The Biden DOJ..




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A.F. Branco Cartoon – Elmer Fraud

A.F. Branco Cartoon – Gov Walz trying to load his shotgun was emblematic of his entire reign in Minnesota. Now,..




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A.F. Branco Cartoon- – The Puppeteer

A.F. Branco Cartoon – Free Market Capitalism is great, but when big corporations merge with the Government, it begins to..




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A.F. Branco cartoon – Genital Madness

A.F. Branco Cartoon – Democrats, the party of child genital mutilation and late-term abortion, are outraged at Trump for his comments alluding to..




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A.F. Branco Cartoons Etc 10/23/24

A.F. Branco and Joe Dan Gorman discuss Tony’s recent toons and related issues like the 2024 election, along with some..




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A.F. Branco Cartoon – Now Hiring

A.F. Branco Cartoon – It’s been a lousy week for Kamala and a great week for Trump as he surges..




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A.F. Branco Cartoon – America Off Course

A.F. Branco Cartoon — Harris-Biden’s last four years in office have been a total wreck on the American people, and..




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A.F. Branco Cartoon – October Desperation

A.F. Branco Cartoon — Desperation has consumed the Harris campaign, which has brought out the “Trump is Hitler” card just..




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A.F. Branco Cartoon – Walz Across the people

A.F. Branco Cartoon – Gov Walz and the Minnesota Democrats are in a war with police and the people of Minnesota, well documented in..




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A.F. Branco Cartoon – Costume Faux Pas

A.F. Branco Cartoon – Mainstream leftist media, along with the Democrats (The Party of the KKK), are trying their best..




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A.F. Branco Cartoon – The Beat Goes On

A.F. Branco Cartoon – After years of Democrat lawfare, phony impeachments, attempted assassinations, and media-biased lies against Trump, he is..




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A.F. Branco Cartoon – A Time For Choosing

A.F Branco Cartoon – The choice in this election is clear: Sleight-of-hand leftist Tricks or the abrasive truth in the..




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A.F. Branco Cartoon – Headless In D.C.

A.F. Branco’s Cartoon – The Legend of the Headless President, has seeded its place in American history. Biden is now..




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A.F. Branco Cartoon – Toon Soon?

A.F. Branco Cartoon – Some say Gov. Walz is celebrating a bit too early on winning the 2024 election despite..




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A.F. Branco Cartoon – Compare and Contrast

A.F. Branco Cartoon – Compare and contrast. Fight, Fight, Fight against Kamala’s Marxist tyrannical government. It’s what’s at stake in..




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A.F. Branco Cartoon – Families At Risk

A.F. Branco Cartoon – Families are at risk under the biden/HARRIS regime promoting taking away parental rights in the name of helping..




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A.F. Branco Cartoons Etc. 11/06/24

A.F. Branco and Joe Dan Gorman discuss The debate, Tony’s toons and related issues, along with some videos and some..




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A.F. Branco Cartoon – Garbage Day

A.F. Branco Cartoon – Trump wins the 2024 presidential election. Now it’s time to clean up the mess and get..




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A.F. Branco Cartoon – MAGA Blowback

A.F. Branco Cartoon – After almost four years of Democrats trying to shove Marxism down Americans’ throats, We, The People,..




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A.F. Branco Cartoon – Closing Thoughts

A.F. Branco Cartoon – Gov. Tim Walz lost his own Blue Earth County in Minnesota. Trump also flipped three other..




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A.F. Branco Cartoon – Out In The Cold

A.F. Branco Cartoon – Revised from 2018 and revised for 2024 Veterans Day. Our Veterans are being left in the..




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A.F. Branco Cartoon – Ditch Mictch Clones

A.F. Branco Cartoon – Trump supporters are rooting for Rick Scott to be the next Senate Majority Leader, hoping he..




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GPS 2.0, a Tool to Predict Kinase-specific Phosphorylation Sites in Hierarchy

Yu Xue
Sep 1, 2008; 7:1598-1608
Research




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Phosphate-binding Tag, a New Tool to Visualize Phosphorylated Proteins

Eiji Kinoshita
Apr 1, 2006; 5:749-757
Technology




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UK is too tight on the money and too vague on China

UK is too tight on the money and too vague on China Expert comment NCapeling 13 March 2023

The new UK Integrated Review fills gaps left by the last one but is dominated by defence. It needs more clarity on Europe, trade, and development – and more money.

Following a long two years, the UK’s Integrated Review from March 2021 now looks prescient in calling Russia the main threat to UK interests. And Russia’s invasion of Ukraine is the main – but not the only – reason forcing an update of the review only 24 months later.

The UK’s commitment to Ukraine is now centre stage and so therefore is its cost, which immediately exposes a prime weakness of this review. An extra £5 billion on defence is more than nothing, as was originally rumoured, but far less than £11 billion which UK defence secretary Ben Wallace argues is needed.

UK military support for Ukraine cost £2.3 billion in the past year and a continuation will use up £2 billion of the new money. The report also notes £3 billion will go on infrastructure for building nuclear submarines at Barrow and nuclear training. That does not leave much for anything else.

There is a pledge to end the reduction of the armed forces which is essential if the UK contribution to Ukraine and European defence is to be credible. But an ambition to spend 2.5 per cent of GDP on defence by an unspecified date is all but meaningless – albeit prudent phrasing given fiscal uncertainties.

China challenge is one of balance

Ministers have been wrestling for months over their choice of language on China, and ‘epoch defining challenge’ is what has emerged, while also expressing concern over China’s links with Russia. But the review is careful to stop short of calling China a threat as Liz Truss intended.

An ambition to spend 2.5 per cent of GDP on defence by an unspecified date is all but meaningless – albeit prudent phrasing given fiscal uncertainties

The choice of vocabulary reflects a long desire to balance forging commercial ties with an increasing wariness of data and security threats under President Xi’s leadership of China. The UK wants to support the US in its concerns but not to presume conflict is inescapable.

The review does acknowledge the threat to Taiwan for the first time. Two years ago, it was fiercely criticized for not including any mention of that despite the potential disruption supposedly being ‘far more damaging than the renewed illegal invasion of Ukraine’ as MPs on the Foreign Affairs Select Committee put it.

But again the question of resources is inescapable. The ‘Indo-Pacific tilt’ which the UK declared two years ago is offered not just as a recognition of the region’s political and economic heft in any vision of the future, but as a favour to the US.

The UK lacks the resources to make that tilt credible in terms of substantial support to the US – nor, arguably, would it do the US any favours by neglecting the defence of Europe or the Middle East, which gets scant mention.

The AUKUS announcement on the same day appears to fill that gap. UK prime minister Rishi Sunak was in San Diego, California to greet the declaration that Australia will draw on British designs for its new nuclear submarines – a decision which brings more British jobs and underpins an alliance of both symbolic and practical weight in the region. But for the UK to play its part fully, it may need to divert resources from elsewhere, and this review sidesteps that hard choice.

More broadly, the UK would benefit from considering how to respond to the reality of China’s rise – analysing what happens to supply chains if tension disrupted them and how it might use membership of the Asia-Pacific CPTPP trading bloc, which appears likely to happen soon.

The choice of vocabulary reflects a long desire to balance forging commercial ties with an increasing wariness of data and security threats under President Xi’s leadership of China

One of the biggest omissions in the 2021 review was relations with Europe and that is somewhat remedied but more is needed. The UK has been a leader for Europe in its clear response to Russia’s invasion of Ukraine – almost the only common thread of passionate agreement between the three UK prime ministers since the invasion – but it should now consider if it wants to take part in joint development of military assets. And a clear statement of cooperation with European Union (EU) governments would be a boost to NATO.

There is also now a Europe-shaped hole in the review’s discussion of trade. The 2021 version mentioned trade 79 times with the focus on new trade agreements outside Europe. It is now clear, if it was not before, these make little difference to GDP. The recent repairing of relations with the EU – and France in particular – may yield more practical results two years from now.

UK power in the world is changing

The review is also largely silent on another difficulty in the UK’s foreign policy which are the aims and size of its development aid – much changed from its original goal of poverty reduction to a focus on national interest with a reduced budget. This is sensitive political territory but must be better spelled out to count as a plan.

The FCDO intends to appoint a second permanent under-secretary to deliver the government’s development priorities and the minister for international development will join the National Security Council. This acknowledges the disruption caused by the merger of the FCO with DFID and the need for development staff to have clear leadership as well as, hopefully soon, a clear policy.

The pledge of a one-off payment of £20 million for the BBC World Service 42 foreign language channels for two years is welcome too as an acknowledgement of their ‘soft power’ value, especially in parts of the world where democracy is absent or in retreat.




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#MeToo, A Year On




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Undercurrents: Episode 20 - #MeToo and the Power of Women's Anger




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Too many wild deer are roaming England's forests. Can promoting venison to consumers help?




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Watching Belarus Means Watching Russia Too

13 August 2020

Keir Giles

Senior Consulting Fellow, Russia and Eurasia Programme
Protesters in Belarus face a dilemma, as being too successful in confronting the Belarusian regime could mean they end up having to reckon with Russian forces as well.

2020-08-13-Belarus-Russia-Putin-Lukashenka

Russian president Vladimir Putin and Belarus president Aliaksandr Lukashenka skiing in the Black Sea resort of Sochi, Russia. Photo by SERGEI CHIRIKOV/AFP via Getty Images.

Amid outrage and revulsion at Belarus’s fraudulent election and the subsequent savage repression of protests, Western responses must be planned with half an eye on Russia. Not just for what is often described as the risk of ‘driving Belarus into Russia’s arms’ but also for the danger of unilateral Russian action, with or without Belarusian acquiescence.

In the past six years, there have been endless discussions of what might prompt another Russian military intervention in Europe after Ukraine. In many of these scenarios, it is precisely the situation currently unfolding in Belarus that has been top of the list, with all the wide-ranging implications for security of the continent as a whole that would follow.

Just as with Ukraine, Russia is considered likely to intervene if it seemed to Moscow there was a danger of ‘losing’ Belarus to the West. If the situation in Belarus becomes more unstable and unpredictable, assertive Russian action could aim to assert control by different possible means - either propping up Lukashenka as a paper-thin proxy for Russian power, or installing a different, more compliant leadership as a pretence at legitimacy.

New facts on the ground

Leadership and support for a Western response to events in Belarus might previously have been expected from the United States which, like the UK, had been actively pushing forward relations with Belarus. But besides its preoccupation with internal affairs, US criticism of the election and ‘detentions of peaceful protesters and journalists’ looks tenuous in the light of the current administration’s behaviour over its own recent domestic issues.

Nevertheless, for NATO and for the United States as its primary guarantor, what happens in Belarus remains critically important precisely because of the possible response by Russia. Unpredictability increases the risk of Russia declaring it has received a ‘request for assistance from the legitimate government of Belarus’ and moving military forces into the country.

Once the immediate challenge of suppressing dissent had been dealt with, the presence of Russian forces in Belarus – along with the air and missile forces they could be expected to bring with them - would substantially alter the security situation for a wide area of central Europe. Popular scenarios for Russian military adventures such as a move on the Suwałki gap - the strip of Polish-Lithuanian border separating the exclave of Kaliningrad from the rest of Russia - would no longer be several geopolitical steps away.

Ukraine would be forced to rapidly re-orient its defence posture to face a new threat from the north, while Belarus’s other neighbours would need to adjust to having effectively a direct border with Russia. In particular, NATO’s enhanced forward presence (eFP) contingents in Poland and Lithuania would become the focus of intense political attention, facing calls both for their rapid expansion, and their complete removal as destabilizing factors.

Examining Russia's options

NATO and the US’s European Command must now be watching Russia just as intently as Russia is watching Belarus. For now, Russia may be reassured by what it has seen. While the protests in Belarus are far more widespread than those in Ukraine which led to its former president Viktor Yanukovych fleeing the country, Aliaksandr Lukashenka is showing no signs of similarly losing his nerve.

The viciousness of the repression combined with more or less effective suppression of communications over the internet may mean unrest will soon be subdued. Even if there were a transfer of power, the current Belarusian opposition has not declared a policy of greater integration with the West - and Russia might feel it could constrain the options available to any replacement as effectively as it has done Lukashenka’s.

Perversely, continued international apathy could even work to Belarus’s benefit by providing reassurance to Russia. If a palpable lack of interest helps the Kremlin believe the discontent in Belarus is purely organic and spontaneous, and is not other countries ‘mobilizing the protest potential of the population’ in order to bring about a ‘colour revolution’, this would be a strong argument against a need to act in order to head off Western encroachment.

But the options facing ordinary Belarusians do remain bleak. Passivity means acceptance of continuing stagnation under Lukashenka, with his rule extended indefinitely. Active opposition means a very real risk of arrest with the possibility of serious injury. Unsuccessful protest means the cause may once again soon be forgotten by the outside world. Successful protest carries the ever-present risk of Russia stepping in with an offer of ‘fraternal assistance’ and Belarus becoming effectively a province of Russia rather than an independent country with – in the long term - the opportunity to choose its own future.




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MIRD Pamphlet No. 31: MIRDcell V4--Artificial Intelligence Tools to Formulate Optimized Radiopharmaceutical Cocktails for Therapy

Visual Abstract




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OpenPepXL: An Open-Source Tool for Sensitive Identification of Cross-Linked Peptides in XL-MS

Eugen Netz
Dec 1, 2020; 19:2157-2167
Technological Innovation and Resources




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AggreCount: an unbiased image analysis tool for identifying and quantifying cellular aggregates in a spatially defined manner [Methods and Resources]

Protein quality control is maintained by a number of integrated cellular pathways that monitor the folding and functionality of the cellular proteome. Defects in these pathways lead to the accumulation of misfolded or faulty proteins that may become insoluble and aggregate over time. Protein aggregates significantly contribute to the development of a number of human diseases such as amyotrophic lateral sclerosis, Huntington's disease, and Alzheimer's disease. In vitro, imaging-based, cellular studies have defined key biomolecular components that recognize and clear aggregates; however, no unifying method is available to quantify cellular aggregates, limiting our ability to reproducibly and accurately quantify these structures. Here we describe an ImageJ macro called AggreCount to identify and measure protein aggregates in cells. AggreCount is designed to be intuitive, easy to use, and customizable for different types of aggregates observed in cells. Minimal experience in coding is required to utilize the script. Based on a user-defined image, AggreCount will report a number of metrics: (i) total number of cellular aggregates, (ii) percentage of cells with aggregates, (iii) aggregates per cell, (iv) area of aggregates, and (v) localization of aggregates (cytosol, perinuclear, or nuclear). A data table of aggregate information on a per cell basis, as well as a summary table, is provided for further data analysis. We demonstrate the versatility of AggreCount by analyzing a number of different cellular aggregates including aggresomes, stress granules, and inclusion bodies caused by huntingtin polyglutamine expansion.




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Problem Notes for SAS®9 - 66540: SAS Management Console and SAS Data Integration Studio might return the message "table failed to update" when you use the Update Metadata tool

You encounter this issue when the table metadata matches the data source. In this scenario, no metadata update is required.




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OpenPepXL: An Open-Source Tool for Sensitive Identification of Cross-Linked Peptides in XL-MS [Technological Innovation and Resources]

Cross-linking MS (XL-MS) has been recognized as an effective source of information about protein structures and interactions. In contrast to regular peptide identification, XL-MS has to deal with a quadratic search space, where peptides from every protein could potentially be cross-linked to any other protein. To cope with this search space, most tools apply different heuristics for search space reduction. We introduce a new open-source XL-MS database search algorithm, OpenPepXL, which offers increased sensitivity compared with other tools. OpenPepXL searches the full search space of an XL-MS experiment without using heuristics to reduce it. Because of efficient data structures and built-in parallelization OpenPepXL achieves excellent runtimes and can also be deployed on large compute clusters and cloud services while maintaining a slim memory footprint. We compared OpenPepXL to several other commonly used tools for identification of noncleavable labeled and label-free cross-linkers on a diverse set of XL-MS experiments. In our first comparison, we used a data set from a fraction of a cell lysate with a protein database of 128 targets and 128 decoys. At 5% FDR, OpenPepXL finds from 7% to over 50% more unique residue pairs (URPs) than other tools. On data sets with available high-resolution structures for cross-link validation OpenPepXL reports from 7% to over 40% more structurally validated URPs than other tools. Additionally, we used a synthetic peptide data set that allows objective validation of cross-links without relying on structural information and found that OpenPepXL reports at least 12% more validated URPs than other tools. It has been built as part of the OpenMS suite of tools and supports Windows, macOS, and Linux operating systems. OpenPepXL also supports the MzIdentML 1.2 format for XL-MS identification results. It is freely available under a three-clause BSD license at https://openms.org/openpepxl.




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The ProteoRed MIAPE web toolkit: A user-friendly framework to connect and share proteomics standards [Technology]

The development of the HUPO-PSI's (Proteomics Standards Initiative) standard data formats and MIAPE (Minimum Information About a Proteomics Experiment) guidelines should improve proteomics data sharing within the scientific community. Proteomics journals have encouraged the use of these standards and guidelines to improve the quality of experimental reporting and ease the evaluation and publication of manuscripts. However, there is an evident lack of bioinformatics tools specifically designed to create and edit standard file formats and reports, or embed them within proteomics workflows. In this article, we describe a new web-based software suite (The ProteoRed MIAPE web toolkit) that performs several complementary roles related to proteomic data standards. Firstly, it can verify the reports fulfill the minimum information requirements of the corresponding MIAPE modules, highlighting inconsistencies or missing information. Secondly, the toolkit can convert several XML-based data standards directly into human readable MIAPE reports stored within the ProteoRed MIAPE repository. Finally, it can also perform the reverse operation, allowing users to export from MIAPE reports into XML files for computational processing, data sharing or public database submission. The toolkit is thus the first application capable of automatically linking the PSI's MIAPE modules with the corresponding XML data exchange standards, enabling bidirectional conversions. This toolkit is freely available at http://www.proteored.org/MIAPE/.




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Recent advances in software tools for more generic and precise intact glycopeptide analysis [Review]

Intact glycopeptide identification has long been known as a key and challenging barrier to the comprehensive and accurate understanding the role of glycosylation in an organism. Intact glycopeptide analysis is a blossoming field that has received increasing attention in recent years. Mass spectrometry (MS)-based strategies and relative software tools are major drivers that have greatly facilitated the analysis of intact glycopeptides, particularly intact N-glycopeptides. This manuscript provides a systematic review of the intact glycopeptide identification process using mass spectrometry data generated in shotgun proteomic experiments, which typically focus on N-glycopeptide analysis. Particular attention is paid to the software tools that have been recently developed in the last decade for the interpretation and quality control of glycopeptide spectra acquired using different MS strategies. The review also provides information about the characteristics and applications of these software tools, discusses their advantages and disadvantages, and concludes with a discussion of outstanding tools.




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The Chatham House Sustainable Laboratories Initiative: Prior Assessment Tool

The Chatham House Sustainable Laboratories Initiative: Prior Assessment Tool Other resource sysadmin 14 June 2019

Laboratories are critical for supporting effective infectious disease surveillance and outbreak response. This tool is meant to help structure a conversation between funding partners and recipient countries on how to most effectively establish or repurpose laboratories in low-resource environments.

Copyright: Getty Images/ER Productions Limited

Introduction

Laboratories are critical for supporting effective infectious disease surveillance and outbreak response, and lack of adequate laboratory capacity is a global challenge. As part of global health security initiatives, cooperative threat reduction efforts and international development programmes, sophisticated laboratories have been provided to mitigate biological threats and bolster a country’s capacity for detection, diagnosis and storage of high-consequence pathogens. Very often, these use the assumptions, standards and templates applied in high-income countries. However, it can be difficult or even impossible to sustain these facilities in low-resource environments. There can sometimes be limited local technical capacity and capability, which can result in a high reliance on imported expertise, skills, equipment and other resources. Sustainability can therefore be hard to achieve. In addition, when a funding partner withdraws, the laboratories can become disused, foundering without the trained personnel and financial resources to sustain them.

To help address this situation, a proposal gaining increasing support internationally is to adopt an approach based on a local risk assessment, whereby laboratories are appropriately and optimally tailored to the local risks and to the resources available, both in the short and longer term, without compromising biosafety and biosecurity.

A Chatham House workshop was convened in Abuja, Nigeria, in 2018 to explore what West African countries would find most appropriate in terms of building laboratory capacity, what the main challenges have been so far, and what needs to be done to improve the sustainability of laboratories in the region. It emerged that there was a need for a more structured conversation between the funding partner and recipient country early in the process – prior to embarking on the detailed planning phase for the establishment or repurposing of a laboratory. This should involve careful consideration and an assessment of existing and planned capacity, needs and contextual issues, together with proposals for how to address the issues revealed, so that any ensuing laboratory demonstrably supports the national strategy and therefore flourishes.

The purpose of this tool

This tool aims to provide a structure for such a conversation. Developed in close collaboration with international experts and West African stakeholders, it seeks to increase local ownership and help partners ensure they have given due attention to all the relevant aspects, including risks and benefits, that need to be considered at an early stage. It should provide clarity on what is needed and improve the sustainability of any laboratory project that might result from the discussions. The tool can be applied when a new laboratory is being considered, or when an existing laboratory is to be repurposed or strengthened. It is also appropriate for use with public health, veterinary and environmental laboratories. Although the tool was developed in the context of high-consequence pathogens in Africa, it is anticipated that it will find global application.

It should support recipient countries to take stock of their capacities and capabilities, identify gaps, conduct an analysis of their needs and to develop the business case that can assist in seeking the necessary political and financial support for the laboratory. Meanwhile, it should facilitate the process of due diligence for the funding partner and provide a better understanding of what the recipient country perspective and realities are, and what the scale and nature of any investment might be.




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Gender, think-tanks and international affairs: A toolkit

Gender, think-tanks and international affairs: A toolkit Other resource NCapeling 9 February 2021

Encouraging a more gender-sensitive approach for think-tank activities such as convening and debate, research and analysis, and communications and publishing.

Compiled by staff at Chatham House, the Centre for Feminist Foreign Policy and the British American Security Information Council, the toolkit provides think-tanks with guidance on ways of adapting organizational structures, activities and practices in order to embed greater awareness of gender issues and adopt gender-sensitive approaches throughout their work.

The toolkit is designed for all people working in international affairs think-tanks, regardless of role, experience or level of seniority. It will be particularly useful for those think-tanks that are just beginning the process of raising greater awareness of gender issues internally, as well as for those that have already begun to make changes but wish to expand this work further.

The work to develop the toolkit came as a response to the commonly gendered nature of think-tanks and their activities. The toolkit recognizes the discrimination and under-representation that women often experience within the sector, as well as the relative absence of women among executive leadership, governance structures and senior researcher positions in many think-tanks.

The toolkit’s focus on gender is a starting point for wider intersectional analysis and action within the think-tank community. Embedding inclusive research, convening and communication practices is not just ‘the right thing to do’. When diversity and inclusion initiatives succeed, organizations are more resilient, innovative and better at decision-making.

While there has already been incremental change within think-tanks, the toolkit’s authors intend that their work will build on the important body of research and practices that already exist by encouraging think-tanks to examine their own processes and develop ways of working that focus not just on women’s representation, but on the structures and systems that perpetuate biases and inequalities.




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The law as a tool for EU integration could be ending

The law as a tool for EU integration could be ending Expert comment NCapeling 15 October 2021

Poland is not the only EU member state challenging the supremacy of European law, as historic change is happening in how European integration functions.

The Polish Constitutional Tribunal’s ruling that several articles of the European treaties are incompatible with the Polish constitution is prompting much debate, especially in terms of both the similarities and differences between it and rulings by the German constitutional court which have also challenged the European Court of Justice (ECJ).

Pro-Europeans are keen to draw a sharp distinction between the reasoning deployed by the two courts. They see the Polish court’s challenge as an exceptional case which the European Union (EU) cannot ‘tolerate’ because it would lead to the ‘demolition of the EU’s legal order from within’ and argue the EU must take a tough approach to Poland by re-asserting the supremacy of EU law.

But this view misses a bigger long-term shift in the EU. Both the German and Polish cases illustrate some of the basic conflicts within the EU’s legal system for decades. What is being challenged increasingly openly – even since the UK left the EU – is the idea of the EU as a de facto federation in which non-majoritarian institutions such as the ECJ have final say about the quality of democracy in member states.

ECJ’s quiet revolution

Historically ‘integration through law’ was central to the European project and the ECJ was a key institution driving forward integration – usually benefiting from what Erik Stein called ‘benign neglect by the powers that be and the mass media’. Even when European integration in the form of treaties stalled in the 1960s and 1970s, ‘judicial integration’ through the ECJ continued, including its notable 1964 decision that EU law was supreme.

According to the German court’s theory of ‘constitutional pluralism’, there is in effect a constant dialogue and accommodation between the national and EU level rather than a simple primacy of EU law over national law

This self-empowerment of the ECJ – what another scholar of European constitutionalism Joseph Weiler calls ‘a quiet revolution’ – was possible because there was a ‘permissive consensus’ in member states which allowed judicial integration to continue largely unchallenged. But this has now changed as both politicians and national courts are more willing to challenge what they see as judicial overreach.

There are important differences between the approach of the German and the Polish constitutional courts. The Law and Justice Party has politicized the Polish court, packing it with judges sympathetic to that party, whereas the German court is more independent.

In addition, whereas the German court made qualified and subdued objections to measures taken in response to the euro crisis during the past decade and, in particular, the steps towards the mutualization of eurozone debt – but often backed down with ‘all bark and no bite’ as Christoph Schmid put it – the Polish court is driven by political considerations and has challenged the supremacy of EU law in a more direct and general way.

However, the German court has made it clear it is the guardian of the German constitution and seeks to impose limits on the ECJ’s self-empowerment by arguing Europe is not a federation. According to the German court’s theory of ‘constitutional pluralism’, there is in effect a constant dialogue and accommodation between the national and EU level rather than a simple primacy of EU law over national law.

The court sees itself as the ultimate arbiter of whether steps in European integration are consistent with the German constitution, and is likely to challenge any further steps in fiscal integration even if the ECJ deems them in accordance with the treaties – as it did with the European Central Bank’s quantitative easing programme.

Supremacy of EU law is under pressure

Right across Europe, courts and politicians are increasingly challenging the ECJ and questioning the supremacy of EU law. Michel Barnier called for France to regain ‘legal sovereignty’ and should no longer be subject to the judgments of the ECJ – an extraordinary demand from the EU Brexit negotiator who regularly lectured the UK about the sanctity of the EU’s legal order.

The Polish challenge is part of a historic change in how European integration functions – or does not function

Other possible French presidential candidates such as Valérie Pécresse and Eric Zemmour are also openly challenging the primacy of EU law. The UK, of course, is fighting its own battle with the EU about the ECJ’s role in the Northern Ireland Protocol.

It was not the current Polish government but the people of France and the Netherlands who blocked the attempt at explicit constitutionalisation of the EU in a referendum just one year after the 2004 enlargement. Whereas the Constitutional Treaty ‘would have codified the doctrine of EU legal supremacy’, that provision was dropped from its successor the Lisbon Treaty, again indicating consensus on EU legal supremacy is not as strong as is often claimed.