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Tuesday, March 25, 2014

Flight MH370 ended in southern Indian Ocean! All 239 lives lost, British Inmarsat & AAIB cited, no evidence


Search area for Malaysian Airlines flight MH370 update on 23 March 2014.
Search area for Malaysian Airlines flight MH370.

Analysis by the British satellite company Inmarsat and the UK's Air Accidents Investigation Branch (AAIB) was cited on Monday by the Malaysian prime minister as the source of information that has narrowed the location where the Malaysia Airlines flight MH370 may have crashed into the southern Indian Ocean to a corridor a couple of hundred miles wide.

The analysis follows fresh examination of eight satellite "pings" sent by the aircraft between 1.11am and 8.11am Malaysian time on Saturday 8 March, when it vanished from radar screens.

The prime minister, Najib Razak, said: "Based on their new analysis, Inmarsat and the AAIB have concluded that MH370 flew along the southern corridor, and that its last position was in the middle of the Indian Ocean, west of Perth.



"This is a remote location, far from any possible landing sites. It is therefore with deep sadness and regret

He added that they had used a "type of analysis never before used in an investigation of this sort".

The new method "gives the approximate direction of travel, plus or minus about 100 miles, to a track line", Chris McLaughlin, senior vice-president for external affairs at Inmarsat, told Sky News. "Unfortunately this is a 1990s satellite over the Indian Ocean that is not GPS-equipped. All we believe we can do is to say that we believe it is in this general location, but we cannot give you the final few feet and inches where it landed. It's not that sort of system."

McLaughlin told CNN that there was no further analysis possible of the data. "Sadly this is the limit. There's no global decision even after the Air France loss [in June 2009, where it took two years to recover the plane from the sea] to make direction and distance reporting compulsory. Ships have to log in every six hours; with aircraft travelling at 500 knots they would have to log in every 15 minutes. That could be done tomorrow but the mandate is not there globally."

Since the plane disappeared more than two weeks ago, many of the daily searches across vast tracts of the Indian Ocean for the aircraft have relied on Inmarsat information collated halfway across the world from a company that sits on London's "Silicon Roundabout", by Old Street tube station.

Using the data from just eight satellite "pings" after the plane's other onboard Acars automatic tracking system went off at 1.07am, the team at Inmarsat was initially able to calculate that it had either headed north towards the Asian land mass or south, towards the emptiest stretches of the India Ocean.

Inmarsat said that yesterday it had done new calculations on the limited data that it had received from the plane in order to come to its conclusion. McLaughlin told CNN that it was a "groundbreaking but traditional" piece of mathematics which was then checked by others in the space industry.

The company's system of satellites provide voice contact with air traffic control when planes are out of range of radar, which only covers about 10% of the Earth's surface, and beyond the reach of standard radio over oceans. It also offers automatic reporting of positions via plane transponders. It is possible to send route instructions directly to the cockpit over a form of text message relayed through the satellite.

Inmarsat was set up in 1979 by the International Maritime Organisation to help ships stay in touch with shore or call for emergency no matter where they were, has provided key satellite data about the last movements of MH370.

Even as the plane went off Malaysian air traffic control's radar on 8 March, Inmarsat's satellites were "pinging" it.

A team at the company began working on the directions the plane could have gone in, based on the responses. One pointed north; the other, south. But it took three days for the data to be officially passed on to the Malaysian authorities; apparently to prevent any more such delays, Inmarsat was officially made "technical adviser" to the AAIB in its investigation into MH370's disappearance.

Inmarsat's control room in London, like some of its other 60 locations worldwide, looks like a miniature version of Nasa: a huge screen displays the positions of its 11 geostationary satellites, and dozens of monitors control and correct their positions. A press on a key can cause the puff of a rocket on a communications satellite 22,236 miles away, nudging its orbit by a few inches this way or that.

More prosaically, Inmarsat's systems enable passengers to make calls from their seats and also to use Wi-Fi and connect to the internet while flying.

If the plane has its own "picocell" essentially a tiny mobile phone tower set up inside the plane then that can be linked to the satellite communications system and enable passengers to use their own mobile phones to make calls, which are routed through the satellite and back to earth.

After its creation, Inmarsat's maritime role rapidly expanded to providing connectivity for airlines, the media, oil and gas companies, mining and construction in remote areas, and governments.

Privatised at the end of the 1990s, it was floated on the stock market in 2004, and now focuses on providing services to four main areas: maritime, enterprise (focused on businesses including aviation), civil and military work for the US government, and civil and military work for other governments. The US is the largest government client, generating up to a fifth of its revenues of about £1bn annually. The firm employs about 1,600 staff.

, technology editor The Guardian

 This graphic from The Telegraph indicates the suspected flight path of MH370 and the location of the past week's debris sightings and searches:


China demands more information from Malaysia

Earlier, China’s foreign ministry urged Malaysia to provide all available information and evidence o...

Monday, March 24, 2014

China search plane spots "large objects" related to missing Flight MH370


China search plane spots "large objects"



A Chinese search plane reports it has discovered floating debris that could be related to the missing Malaysia Airlines flight MH370 in the southern Indian Ocean.

The crew says it spotted two "relatively large" objects and several smaller ones spread over several kilometers. China has diverted its icebreaker ship, Xuelong, toward the location where the debris was spotted. It's expected to arrive on early Tuesday.

China has also asked Australia to send its aircraft to the area. Ten planes are combing the southern Indian Ocean.

Australia said the search area was widened from 59,000 to 68,000 square kilometers.

The expansion came after French satellite revealed "floating debris" in an area north of pictures previously captured by Australian and Chinese satellites. It's the third set of satellite images in a week.

The Australian Deputy Prime Minister Warren Truss says the new lead is promising. He cautions that the search in the icy southern Indian Ocean remains difficult, as rain was expected today.

"We still don't even know for certain that the aircraft is even in this area. We're just, I guess, clutching at whatever little piece of information comes along to try and find a place where we might be able to concentrate the efforts," Truss said.

Malaysian authorities have said the black box is expected to run out of power in two weeks, and won't be able to send any signal thereafter.


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Investor treaties in trouble

Several countries are reviewing these agreements, prompted by the number of cases brought by foreign companies who claim that changes in government policies affect their future profits.

THE tide is turning against investment treaties that allow foreign investors to take up cases against host governments and claim compensation of up to billions of dollars.

Indonesia has given notice it will terminate its bilateral investment treaty (BIT) with the Netherlands, according to a statement issued by the Dutch embassy in Jakarta last week.

“The Indonesian Government has also mentioned it intends to terminate all of its 67 bilateral investment treaties,” according to the statement.

It has not been confirmed by Indonesia. But if this is correct, Indonesia joins South Africa, which last year announced it is ending all its BITS.

Several other countries are also reviewing their investment treaties.

This is prompted by increasing numbers of cases being brought against governments by foreign companies who claim that changes in government policies or contracts affect their future profits.

Many countries have been asked to pay large compensations to companies under the treaties.

The biggest claim was against Ecuador, which has to compensate an American oil company US$2.3bil (RM7.6bil) for cancelling a contract.

The system empowering investors to sue governments in an international tribunal, thus bypassing national laws and courts, is a subject of controversy in Malaysia because it is part of the Trans-Pacific Partnership Agreement (TPPA) which the country is negotiating with 11 other countries.

The investor-state dispute settlement (ISDS) system is contained in free trade agreements (especially those involving the United States) and also in BITS which countries sign among themselves to protect foreign investors’ rights.

When these treaties containing ISDS were signed, many countries did not know they were opening themselves to legal cases that foreign investors can take up under loosely worded provisions that allow them to win cases where they claim they have not been treated fairly or that their expected revenues have been expropriated.

Indonesia and South Africa are among many countries that faced such cases.

The Indonesian government has been taken to the International Centre for Settlement of Investment Disputes (ICSID) tribunal based in Washington by a British company, Churchill Mining, which claimed the government violated the United Kingdom-Indonesia BIT when its contract with a local government in East Kalimantan was cancelled.

Reports indicate the company is claiming compensation of US$1bil to US$2bil (RM3.3bil to RM6.6bil) in losses.

This and other cases taken against Indonesia prompted the government to review whether it should retain its many BITS.

South Africa had also been sued by a British mining company which claimed losses after the government introduced policies to boost the economic capacity of the blacks to redress apartheid policies.

India is also reviewing its BITS, after many companies filed cases after the Supreme Court cancelled their 2G mobile communications licences in the wake of a high-profile corruption scandal linked to the granting of the licences.

But it is not only developing countries that are getting disillusioned by the ISDS. Europe is getting cold feet over the investor-state dispute mechanism in the Trans-Atlantic trade agreement (TTIP) it is negotiating with the United States, similar to the mechanism in the TPPA.

Two weeks ago, Germany told the European Commission that the TTIP must not have the investor-state dispute mechanism.

Brigitte Zypries, a junior economy minister, told the German parliament that Berlin was determined to exclude arbitration rights from the Transatlantic Trade and Investment Partnership (TTIP) deal, according to the Financial Times.

“From the perspective of the [German] federal government, US investors in the European Union have sufficient legal protection in the national courts,” she said.

The French trade minister had earlier voiced opposition to ISDS, while a report commissioned by the UK government also pointed out problems with the mechanism.

The European disillusionment has two causes.

ISDS cases are also affecting the countries. Germany has been taken to ICSID by a Swedish company Vattenfall which claimed it suffered over a billion euros in losses resulting from the government’s decision to phase out nuclear power after the Fukushima disaster.

And the European public is getting upset over the investment system. Two European organisations last year published a report showing how the international investment arbitration system is monopolised by a few big law firms, how the tribunals are riddled with conflicts of interest and the arbitrary nature of tribunal decisions.

That report caused shock waves not only in the civil society but also among European policy makers.

In January, the European Commission suspended negotiations with the United States on the ISDS provisions in the TTIP, and announced it would hold 90 days of consultations with the public over the issue.

In Australia, the previous government decided it would not have an ISDS clause in its future FTAs and BITS, following a case taken against it by Philip Morris International which claimed loss of profits because of laws requiring only plain packaging on cigarette boxes.

In Malaysia, the ISDS is one of the major controversial issues relating to the TPPA. Many business, professional and public-interest groups want the government to exclude the ISDS as a “red line” in the TPPA negotiations.

Prime Minister Datuk Seri Najib Tun Razak had also mentioned investment policy and ISDS as one of the issues (the others being government procurement and state-owned enterprises) in the TTPA that may impinge on national sovereignty, when he was at the Asia-Pacific Economic Cooperation Summit and TPPA Summit in Indonesia last year.

So far, the United States has stuck to its position that ISDS has to be part of the TPPA and TTIP. However, if the emerging European opposition affects the TTIP negotiations, it could affect the TPPA as this would strengthen the position of those opposed to ISDS.

Meanwhile, we can also expect more countries to review their BITS. Developing countries seeking to end their bilateral agreements with European countries can point to the fact that more and more European countries are themselves having second thoughts about the ISDS.

Contributed by  Martin Khor Global Trends The Star/ANN
  • The views expressed are entirely the writer’s own.

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