bluuebunny/crossref_metadata_2025 huggingface dataset:
Remedies in International Human Rights Law
Authors: Shelton Dinah
Published: August 2024

This third edition provides an analysis of the law governing international and domestic remedies for human rights violations. It reviews and examines the texts and the jurisprudence on this key area of human rights law. It is an essential practical and theoretical resource for negotiating and litigating issues of redress for victims. The book incorporates the major developments in remedial human rights jurisprudence. Internationally, the United Nations and the International Criminal Court have issued reparations guidelines; the International Court of Justice has for the first time awarded compensation for human rights violations; the International Law Commission has considered the humanitarian responsibility of international organizations; and new international petition procedures and policies on redress have entered into force. Regionally, in Asia and Africa, human rights bodies have adopted new human rights accords and legal judgments; in Europe, the human rights case load unceasingly increases. Nationally, the jurisprudence of historical reparations has come to the fore, as has the juridical consideration of economic and social rights. All of these developments are analysed in context.
Interpretation and Amendments of the Founding Treaty
Authors: Walter Christian
Published: August 2024

This chapter starts by analysing the Statute of the Council of Europe (CoE) in the broader context of the general functions of founding treaties of international organisations. The founding treaty is of paramount importance both for the inside and the outside perception of an international organisation. From a theoretical perspective, the treaty forms the basis of the organisation’s international legal personality. From an operational perspective the founding treaty is relevant because it creates the organisation’s organs and determines their interaction. Finally, in a functional perspective, the founding treaty lays down the overall aims which the founding States intend to pursue. The chapter thus describes the main modes of interpretation and, linked to the issue of interpretation, also the formal and informal ways by which amendments or developments of the Statute of the CoE have been brought about.
The Parliamentary Assembly of the Council of Europe
Authors: Leach Philip
Published: August 2024

This chapter discusses the Parliamentary Assembly of the Council of Europe (the Assembly). The Assembly is one of the Council’s two statutory bodies, whose ostensible role is to act as the Council’s ‘deliberative organ’, discussing and making recommendations on any issues falling within the Council’s aim and scope. Yet it is a body with few hard powers, providing an essentially advisory role to the Council of Ministers (CM). This chapter aims to elucidate the Assembly’s objectives and functions, its composition and working methods, before seeking to analyse a number of its principal roles and activities. As the Assembly’s work is quite extensive, the chapter will only be covering key areas — including the State accession and monitoring process, standard-setting, its influence on the European Court of Human Rights (ECtHR), and the observation of elections.
Congress of Local and Regional Authorities
Authors: Schaffarzik Bert
Published: August 2024

This chapter highlights the Congress of Local and Regional Authorities of the Council of Europe (CLRAE). It explores the history of the CLRAE, before discussing its structure and composition, its tasks and working methods, its control standard in the European Charter of Local Self-Government, as well as its achievements and prospects. A body comprising both local and regional representatives, the CLRAE was borne of the CoE’s (joint) responsibility for the protection of local self-government. Thus the central task of the CLRAE is to discuss all matters of relevance with regard to local and regional interests and activities. In keeping with the characteristics of consultancy, the CLRAE is to provide its expertise but also to express subjective opinions reflecting the self-interest of the municipalities represented.
Combating Terrorism and Organised Crime
Authors: Walter Christian
Published: August 2024

This chapter looks at the Council of Europes (CoE) activities geared toward combating terrorism and organised crime. Both are matters of concern for the Council for years, although recently the struggle against international terrorism has become a major focus for the CoE. Thus this chapter analyses both topics using the approach maintained by the CoE, which is to view terrorism and organised crime as interrelated, but nevertheless distinct problems. It then describes and analyses a broad range of CoE activities in the fight against international terrorism, before addressing organised crime. Finally, the chapter concludes with some assessments on CoE strategies against international terrorism and organised crime.
The Geographical Scope of Application of the Conventions
Authors: Schöberl Katja
Published: August 2024

This chapter deals with the geographical scope of application of the Geneva Conventions. It provides an analysis of the geographical scope of international armed conflicts (IACs) inside and outside of belligerent states’ territories. It also discusses the application of Common Article 3 to ‘traditional’ non-international armed conflicts (NIACs) inside a High Contracting Party’s (HCP) territory. It finally seeks to contribute to the debate on ‘spill-over’, ‘multinational’, ‘cross-border’, and ‘transnational’ armed conflicts by analysing whether Common Article 3 as treaty law can be applied outside a HCP’s own territory.
The Obligation to Respect and to Ensure Respect for the Conventions
Authors: Geiß Robin
Published: August 2024

This chapter focuses on Common Article 1 of the four Geneva Conventions, which elevates all states to guardians over the Geneva Conventions by providing that ‘[t]he High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances’. It discusses the scope of application of Common Article 1 along with the obligation to respect and the obligation to ensure respect. Particular attention is given to the due diligence nature of the obligation to ensure respect, the extent to which states parties are obliged to stop and prevent transgressions by third actors, the ‘in all circumstances’ formula, and the obligation not to encourage, aid or assist the commission of violations by others.
The Dead
Authors: Gavshon Daniela
Published: August 2024

This chapter focuses on obligations under the Geneva Conventions and their Additional Protocols that address the treatment of the dead. Parties have an obligation to identify and record information on the dead, and in some instances to create a register of particulars, and in others to issue death certificates or certified lists with the relevant particulars. The Geneva Conventions also set out how this information should be passed between the parties. These provisions on identifying, recording, and passing on information relating to the deceased imply a right of the families to know the fate of their relatives. Whether this right is in fact a legal requirement, and how far it extends is discussed.
Protected Areas
Authors: Ronzitti Natalino
Published: August 2024

This chapter discusses the conditions governing protected areas in the Geneva Conventions. These cover hospital zones and localities, hospital and safety zones and localities, neutralized zones, non-defended localities, and demilitarized zones. It also considers protected areas established by the UN Security Council. It shows that while notions of protected areas are well regulated in the Geneva Conventions and in Additional Protocol I, the same is not true for security zones established by the UN. Practice regarding UN security zones is often inconsistent, and these zones are radically different from the protected zones under the Geneva Conventions, despite their common purpose of removing from the path of hostilities persons who may not be targeted according to the law of armed conflict. Too often the security zones are linked to peace support operations, and their neutrality is consequently open to question.
Murder in Common Article 3
Authors: Knuckey Sarah
Published: August 2024

This chapter discusses the scope, application, and elements of the prohibition against murder in Common Article 3. Despite its fundamental importance, Common Article 3 murder has been the subject of surprisingly little commentary. This chapter addresses the circumstances of protection, the role of intention, acts and omissions, and issues related to proof of death and unidentified victims. It also compares ‘murder’ to other prohibitions against killing in international humanitarian law (IHL), international criminal law, and human rights law, and discusses efforts to both harmonize and distinguish different types of unlawful killings.
Dissemination of the Conventions, Including in Time of Armed Conflict
Authors: Mikos-Skuza Elżbieta
Published: August 2024

This chapter deals with the obligation of states to disseminate the texts of the Geneva Conventions. The main purpose of dissemination is to prevent violations of the Conventions. The discussions cover the parties and entities tasked with dissemination, the importance of dissemination in peacetime, and the two main types of addressee to whom dissemination activities should be directed: the armed forces and the civilian population. The discussion extends also to the consequences of a violation of the obligation to disseminate the Geneva Conventions. The chapter concludes with remarks about the value of combining dissemination work with other measures, methods, and mechanisms to ensure better compliance with the Geneva Conventions.
Grave Breaches of the Geneva Conventions
Authors: Gaeta Paola
Published: August 2024

This chapter examines the so-called system of repression of grave breaches of the Geneva Conventions. After providing an overview of the different agendas of the various actors involved in the negotiation process of the provisions on grave breaches, the chapter discusses the scope and content of the obligations incumbent on state parties in respect to grave breaches, namely: the obligation to provide for effective penal sanctions; the obligation to search for persons who have allegedly committed, or have ordered to be committed, a grave breach; and the obligation to bring to court persons allegedly responsible for a grave breach or to hand them over to another contracting party. The questions of the jurisdictional link for grave breaches and of the respect for judicial guarantees for the accused are also discussed.
Domestic Implementation
Authors: Ziegler Andreas R , Wehrenberg Stefan
Published: August 2024

The Geneva Conventions oblige the states parties not only to respect, but also to ensure respect for, the Conventions in all circumstances under Common Article 1. From this obligation emanate specific duties of domestic implementation, further concretized in the Geneva Conventions and their Additional Protocols. These specific duties include certain preparatory measures to be taken both before and during an armed conflict, such as the planning, construction, and administering of specific infrastructure; the adoption of specific domestic legislation concerning the dissemination of the law and the training of those who must respect and apply the law; and, last but not least, the adoption of sanctions and their enforcement in order to improve observance of the law and fight impunity. This chapter will discuss these specific duties of domestic implementation in detail.
Who is Shipwrecked?
Authors: Haines Steven
Published: August 2024

This chapter is devoted to the humanitarian consequences of war/armed conflict at sea. It examines the humanitarian law relating to those who are entitled to shipwrecked status, addressing questions such as: Who is shipwrecked? When does someone become shipwrecked, and at what point do they cease being so? It discusses the shipwrecked in the context of 1949 Geneva Convention II for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed forces at Sea. The chapter further raises the point that there has been no general and sustained naval war since 1945, there is therefore no evidence of substantial state practice since then, and the law to be applied at sea has not been reviewed formally since 1949. However, because there has been significant change in the characteristics of merchant shipping, in the event of a general naval war, the law may require fresh interpretation.
Buildings, Material, and Transports
Authors: Schöberl Katja
Published: August 2024

This chapter discusses the protection afforded to medical buildings, material, and transports (including medical vehicles, aircraft and vessels). It analyses the detailed protection regime established by the 1949 Geneva Conventions. It also examines the impact of subsequent treaty law (most importantly the Additional Protocols) and restatements of international law, such as the San Remo Manual on International Law Applicable to Armed Conflicts at Sea and the HPCR Manual on International Law Applicable to Air and Missile Warfare, on the application and interpretation of the provisions of the Geneva Conventions.
Loss of Protection
Authors: Haeck Tom
Published: August 2024

This chapter focuses on the conditions under which the protection afforded to medical units, establishments, and transports, and to medical and religious personnel may cease. The Geneva Conventions state that the protection of the different categories of units and establishments ‘shall not cease, unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy’. The chapter discusses acts harmful to the enemy, acts not causing loss of protection, and the consequences of loss of protection.
Status and Treatment of Those Who Do Not Fulfil the Conditions for Status as Prisoners of War
Authors: Olson Laura M
Published: August 2024

This chapter discusses the status and treatment of individuals who do not fulfil the conditions for prisoner of war (POW) status laid down in Article 4(A) of Geneva Convention (GC) III. It covers the consequences of not respecting conditions in Article 4(A) GC III; the relationship between Article 44 AP I and the Geneva Conventions; the debate surrounding ‘unlawful combatants’ and the protection regime applicable to them; residual protection under GC IV; minimum treatment standards; international human rights law protection when conditions of prisoner of war status not fulfilled; (irregular) renditions for persons who are not protected civilians; and recent examples: Israel and the United States.
Determination of Prisoner of War Status
Authors: Tougas Marie-Louise
Published: August 2024

This chapter aims to shed light on the interpretation and meaning of the prisoner of war (POW) status determination process. Article 5 GC III states that those who have committed belligerent acts and have fallen into the power of an enemy, and whose status may be unclear, shall benefit from the protection of GC III and be treated as if they were POWs until their status has been determined by a competent tribunal. However, the situation is more problematic when a case does not raise a doubt in the assessment of the Detaining Power, but does so in the view of one of the other entities or persons concerned. There seems to be a lack of clarity about what should constitute sufficient doubt under Article 5, or the consequences of the existence of such a doubt in the mind of persons or entities other than the Detaining Power. Finally, the reverse problem is discussed, i.e. how someone given POW status by the Detaining Power can object to such status.
The Structure of Geneva Convention IV and the Resulting Gaps in that Convention
Authors: Nishat Nishat
Published: August 2024

This chapter examines the structure of Geneva Convention (GC) IV and the gaps resulting therefrom concerning the protection of civilians at the hands of a party to the conflict. In order to determine the relevance of GC IV to a particular civilian, it must first be determined how the territory that person is in is classified. A traditional reading of the Conventions shows that there are only two types of territory: a belligerent party’s own territory, or occupied territory. This binary classification, and its consequences for the way in which GC IV protection is applied, creates a lacuna in protection of civilians who fall into the power of an invading force before the territory is considered occupied. Fortunately, the most pressing protection need of such civilians—that they be treated humanely—is addressed by Article 75 of Additional Protocol (AP) I, which is now generally accepted as reflecting customary law.
The Derogation Clause
Authors: Graf-Brugère Anne-Laurence
Published: August 2024

This chapter focuses on the derogation clause in Article 5 of Geneva Convention (GC) IV which allows a party to a conflict or an Occupying Power to derogate to a certain extent from the rights afforded by the Convention to the ‘protected persons’ as defined in Article 4. Article 5 applies when in occupied territory, or in the territory of a party to the conflict, an Occupying Power or a party to the conflict is satisfied that an individual protected person is definitely suspected of being engaged in acts hostile to the security of the Occupying Power or party. The chapter discusses the scope of application of Article 5; the ratione materiae scope of the derogations; and the extent of the derogations.
End of Internment
Authors: Oswald Bruce
Published: August 2024

This chapter discusses provisions for the ‘end of internment’ in Geneva Convention (GC) IV, Chapter XII, Articles 132–135. These four Articles concern a number of issues of legal and practical significance, including determining when internment is to cease; establishing agreements concerning the release of certain classes of internees; repatriation and return to their last place of residence; and expenses relating to the release or repatriation of internees. The provisions cover all classes or categories of internees—security, criminal, and voluntary—and apply to both international armed conflict (IAC) and occupation. When dealing with the end of internment it is important to address such matters as the safety of persons released, the role of an independent organisation in overseeing release and repatriation, and the extent to which Security Council mandates govern repatriation.
Law of Maritime Safety
Authors: Boisson Philippe
Published: August 2024

This chapter considers the regulation of safety at sea. It also looks into the mode of production and formulation of the texts constituting the system of safety as well as the conditions of their applications and implementation on board ships. The system involves an essentially technical area, where standards apply to the construction, equipment, and operation of merchant ships, and their conditions of navigation. Regulations differ in status, comprising both public regulations and private standards. Public regulations require certain formalism when adopted or amended, insofar as they involve a large number of States. Private standards are more flexible, referring as they do only to a specific aspect of safety. The chapter analyses the role of two specialized UN agencies that make substantial contributions to standardization-the International Maritime Organization (IMO) and the International Labour Organization (ILO).
Law of General Average
Authors: Nielsen Bent
Published: August 2024

This chapter examines the law of general average, a legal principle of maritime law. The law states that if the common adventure consisting of the ship and the cargo is exposed to peril at sea, losses and expenses which are intentionally incurred to save the common adventure from the peril shall be shared by the saved interests in proportion to their values. The first codification of general average was the York-Antwerp Rules (YAR) 1890, which presented the rights and obligations of ship and cargo owners when cargo must be jettisoned to save a ship. The chapter highlights the YAR 1994 which first added the provision that when the community of interest between the ship and the cargo is finished, there is no longer a common adventure and there will be no general average allowance made for any sacrifice or expenditure arising after that moment.
Pollution from Dumping
Authors: Esmaeili Hossein , Grigg Brendan
Published: August 2024

This chapter considers the international legal regime that applies today to the dumping of waste, including the dumping of radioactive waste at sea. It focuses, in particular, on the specific international legal framework that regulates sea dumping established by the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972 (London Convention) and the London Convention’s 1996 Protocol. The chapter also examines the regional treaties and arrangements that apply to pollution from dumping at sea. Further, this chapter also explores recent responses of the international sea dumping regime to climate change and the extent to which it currently regulates the dumping at sea of radioactive waste: the issue that was its genesis.
Pollution of the Marine Environment from or Through the Atmosphere
Authors: Harrison James
Published: August 2024

This chapter considers the international law that is applicable to the pollution of the marine environment from or through the atmosphere. It starts by explaining the way in which this issue is addressed in the 1982 United Nations Convention on the Law of the Sea (UNCLOS). It then analyses other relevant instruments that have been adopted to combat air pollution. The chapter covers both general treaties on air pollution, as well as the specific regime for the prevention of air pollution from ships. It pays particular attention to the nature of the international regulations and the extent to which they balance the various interests of different states. It also considers the manner in which the international emissions standards have evolved in response to technological developments and the challenges for future evolution.
Liability and Compensation for Ship-Source Pollution
Authors: Jacobsson Måns
Published: August 2024

This chapter covers the scope of liabilities and compensation for ship-source pollution, from the international regimes involved to the methods of their execution. Compensation for pollution damage caused by spills from oil tankers is governed by an international regime elaborated under the auspices of the International Maritime Organization (IMO) in the wake of the Torrey Canyon oil spill in 1967. This ‘old’ regime was amended in 1992 by two Protocols, and the amended Conventions are known as the 1992 Civil Liability Convention and the 1992 Fund Convention. The 1969 and 1992 Civil Liability Conventions govern the liability of shipowners for oil pollution damage. The Conventions lay down the principle of strict liability for shipowners and create a system of compulsory liability insurance.
The Suppression of Unlawful Acts Against the Safety of Maritime Navigation
Authors: Dürler Reto A
Published: August 2024

This chapter discusses the legal instrument known as the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation 1988 (SUA Convention 1988). The Convention protects ships, their passengers, and their cargo from terrorist attacks. The States which have subscribed to the Convention are obliged to punish or to extradite persons who perpetrate terrorist acts. The SUA Convention (and its succeeding Protocol) was amended in April 2005 with two new core provisions, constituting two independent instruments called the 2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA Convention 2005) and the 2005 Protocol to the 1988 Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf (SUA Protocol 2005).
Ship and Port Facility Security
Authors: Kraska James
Published: August 2024

This chapter examines ship and port facility security and the International Convention for the Safety of Life at Sea 1974 (SOLAS)-a landmark treaty that is key to constructing and maintaining a global system of oceans governance. The SOLAS Convention sets forth the major provisions on ship and port security for ships on international voyages. SOLAS, with its 1978 protocol and many amendments-including the International Safety Management Code (ISM Code) and the International Ship and Port Facility Security Code (ISPS Code)-as well as the terms of the United Nations Convention on the Law of the Sea (UNCLOS), contain comprehensive measures for securing ship and shore installations.
Changing Conceptions of Environmental Risk
Authors: Peel Jacqueline
Published: August 2024

This chapter places the Rio Declaration within the broader context of the different conceptions of risk underpinning environmental regulatory action. It pays particular attention to the role of the Rio Declaration in the emergence of a conception based on the idea of precaution.
Principle 5
Authors: Karimova Takhmina , Golay Christophe
Published: August 2024

This chapter analyses the rationale, travaux préparatoires, conceptual scope, and normative and jurisprudential influence of Principle 5 of the Rio Declaration. It places the objective of poverty eradication stated in Principle 5 within the broader context of human rights, particularly economic, social and cultural rights, as well as of the Millennium Development Goals and the Sustainable Development Goals.
Principle 9
Authors: Maljean-Dubois Sandrine
Published: August 2024

This chapter analyses the rationale, travaux préparatoires, conceptual scope, and normative and jurisprudential influence of Principle 9 of the Rio Declaration. It pays particular attention to the questions of scientific cooperation and technology transfer, and how they have been reflected in normative instruments since the times of the Stockholm Declaration.
Principle 14
Authors: Mbengue Makane Moïse
Published: August 2024

This chapter analyses the rationale, travaux préparatoires, conceptual scope, and normative and jurisprudential influence of Principle 14 of the Rio Declaration. The analysis focuses on how the prior informed consent principle underpinning Principle 14 has shaped the international regimes applicable to dangerous chemicals, pesticides, hazardous waste or living modified organisms.
Principle 19
Authors: Boisson de Chazournes Laurence , Sangbana Komlan
Published: August 2024

This chapter analyses the rationale, travaux préparatoires, conceptual scope, and normative and jurisprudential influence of Principle 19 of the Rio Declaration. It focuses on the duty of environmental cooperation in a transboundary context, paying particular attention to the law of international watercourses.
Principle 22
Authors: Shelton Dinah
Published: August 2024

This chapter analyses the rationale, travaux préparatoires, conceptual scope, and normative and jurisprudential relevance of Principle 22 of the Rio Declaration. It addresses the key question relating to the situation of indigenous and tribal peoples within the diverse initiatives undertaken under the banner of sustainable development.
Jurisdiction in International Law
Authors: Ryngaert Cedric
Published: August 2024

This book examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F A Mann’s work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State’s laws. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the US is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and US tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This book proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Investors and Investments
Authors: Dolzer Rudolf , Schreuer Rudolf
Published: August 2024

This chapter discusses investors and investments. The first section covers private foreign investors, nationality of individuals and corporations, Article 25(2)(b) of the ICSID Convention, national planning and denial of benefits, and shareholders as investors. The second section discusses the concept of investment, definitions in investment protection treaties, and case law.
Investment Contracts
Authors: Dolzer Rudolf , Schreuer Rudolf
Published: August 2024

This chapter begins with a discussion of the types of investment contracts, focusing on the evolution of typical agreements over the past decades. It then considers the determination of the law applicable to the contract and the agreement on dispute resolution applicable law. Stabilization clauses, and renegotiation and adaptation are then discussed.
Political Risk Insurance
Authors: Dolzer Rudolf , Schreuer Rudolf
Published: August 2024

This chapter discusses the emergence of a market for investment insurance schemes. The first phase of insurance programmes commenced in the 1950s and was entirely dominated by insurers run by national governments, which sought to promote outgoing investments of their nationals. In 1985, the member states of the World Bank established an international organization, the Multilateral Investment Guarantee Agency (MIGA) for the same purpose. Private companies entered the investment insurance market on the assumption of higher efficiency and an acceptable margin of profit. The main difference between private and public insurers concerns the time horizon of the insurance offered: whereas the public sector has been prepared to offer coverage for up to twenty years, private companies typically limit their risk by offering protection for much shorter periods. While some private market political risk insurers offer coverage for up to fifteen years, others limit themselves to much shorter periods, sometimes only for three years, subject to renewal. The existence, side by side, of these actors presents a unique panorama of competitive and complementary services by the private sector, by national governmental agencies, and by international actors.
Umbrella Clauses
Authors: Dugan Christopher F , Wallace Jr , Rubins Noah , Sabahi Borzu
Published: August 2024

Most bilateral and multilateral investment treaties provide investors with a relatively standard set of protections, including the rights to national treatment, most-favored-nation treatment, fair and equitable treatment, and compensation for expropriation. However, some treaties provide investors with an additional layer of protection by specifically requiring host states to observe the obligations and honor the commitments they have undertaken vis-à-vis foreign investments. Known as “umbrella clauses,” these provisions appear to provide a route through which investors can seek to transform their contractual claims into treaty claims, although their interpretation and application has thus far been uncertain. This chapter presents a historical background and describes the various formulations of umbrella clauses. It then discusses arbitral decision involving umbrella clauses.
How the EU and US Antitrust Regimes Differ
Authors: Devlin Alan
Published: August 2024

This chapter first explains the reasons why Europe’s and America’s antitrust rules diverge, including competing narratives on the meaning of consumer welfare; the European pursuit of integration vs. the US open economy; the different role of economics in EU and US competition law; and different sociopolitical views on dominant firms. It discusses how EU and US competition laws diverge, covering issues such as asymmetric spheres of coverage, vertical restraints, dominance, predatory pricing, product typing, refusals to deal, and bundled and loyalty discounts. It argues that distinctions between US and EU law matter for international firms formulating business strategies. Potentially dominant undertakings in Europe must tread cautiously since actions that fetter their rivals’ access to markets, customers, or inputs invite trouble. This is not to say, of course, that firms have nothing to worry about in the United States. Plaintiffs accusing companies of antitrust wrongdoing must satisfy more exacting legal standards under US law.
The Noerr-Pennington Doctrine
Authors: Devlin Alan
Published: August 2024

This chapter explains the Noerr-Pennington doctrine. Noerr-Pennington is a US doctrine with quasi-constitutional dimensions founded in the First Amendment. It immunizes a firm in petitioning the government, even when the firm asks the state to eliminate competition. Noerr is a corollary of the right to participate in the democratic process, and reflects the state’s freedom to hinder competition and the citizens’ right to drive government policy. As Noerr immunizes non-sham litigation, it carves out broad immunity for patentees that sue technology users. For US antitrust lawyers, Noerr is critical. Often dispositive, but misunderstood, it gives patentees a powerful defence. For plaintiffs who challenge anticompetitive patent assertion, overcoming the doctrine is also crucial. The chapter also explores analogous EU law founded in the General Court’s ITT Promedia decision of 1998.
Targeted Patent Aggregation
Authors: Devlin Alan
Published: August 2024

This chapter addresses a different form of offensive patent use—targeted patent acquisitions. Two forms of targeted patent aggregation are examined. The first involves the purchase of intellectual property rights (IPRs) by a firm in a product market to exclude competitors or raise its rivals’ costs. The second concerns non-practising entities (NPEs) that do not operate in any good market and thus cannot eliminate competition there. The question in the latter case is whether harm to an upstream licensing market can itself violate antitrust law. In both cases, ‘targeted’ means that the firm acquires a patent to attack an already-marketed technology. The aim of such an asset purchase may be to restrict competition in a manner that would not have occurred but for the acquisition, or simply to take advantage of lock-in to command a larger royalty.
ATOMS: ALMA three-millimetre observations of massive star-forming regions – XVI. Neutral versus ion line widths
Authors: Zhang C , Liu Tie , Ren Z -Y , Zhu Feng-Yao , Liu H -L , Wang Ke , Wu J -W , Li D , Jiao Sihan , Tatematsu K , Juvela Mika , Lee Chang Won , Jiao Wenyu , Bronfman Leonardo , Zhou Jianwen , Xu Feng-Wei , Tej Anandmayee , Hwang Jihye , Soam Archana , Das Swagat , Chibueze James O
Published: August 2024

It has been suggested that the line width of ions in molecular clouds is narrower than that of the co-existing neutral particles, which has been interpreted as an indication of the decoupling of neutral turbulence from magnetic fields within a partially ionized environment. We calculate the principal component analysis (PCA) correlation coefficients of CCH versus H$^{13}$CO$^{+}$ and H$^{13}$CN versus H$^{13}$CO$^{+}$. We find aside from H$^{13}$CN, CCH could also be strongly spatial correlated with H$^{13}$CO$^{+}$ in high-mass star-forming regions. CCH and H$^{13}$CO$^{+}$ line emissions are strongly spatial correlated with each other in 48 per cent sources with a PCA correlation coefficient over 0.7. So, we investigate the ambipolar diffusion (AD) effect using CCH and H$^{13}$CO$^{+}$ lines as a neutral/ion pair in a sample of 129 high-mass star-forming clumps. We conduct a careful analysis of line widths of the CCH–H$^{13}$CO$^{+}$ pair pixel-by-pixel in 12 sources, which show a strong correlation in CCH–H$^{13}$CO$^+$ emission and no obvious outflows or multiple velocity components. The mean velocity dispersion of CCH is about the same as H$^{13}$CO$^{+}$ in 12 sources. In low-density regions of most sources, CCH shows a broader velocity dispersion than H$^{13}$CO$^{+}$. However, the AD effect is not significant from a statistical point of view.
Meiotic chromatin-associated HSF5 is indispensable for pachynema progression and male fertility
Authors: Luo Chunhai , Xu Haoran , Yu Ziqi , Liu Dalin , Zhong Danyang , Zhou Shumin , Zhang Beibei , Zhan Junfeng , Sun Fei
Published: August 2024

Pachynema progression contributes to the completion of prophase I. Nevertheless, the regulation of this significant meiotic process remains poorly understood. In this study, we identified a novel testis-specific protein HSF5, which regulates pachynema progression during male meiosis in a manner dependent on chromatin-binding. Deficiency of HSF5 results in meiotic arrest and male infertility, characterized as unconventional pachynema arrested at the mid-to-late stage, with extensive spermatocyte apoptosis. Our scRNA-seq data confirmed consistent expressional alterations of certain driver genes (Sycp1, Msh4, Meiob, etc.) crucial for pachynema progression in Hsf5−/− individuals. HSF5 was revealed to primarily bind to promoter regions of such key divers by CUT&Tag analysis. Also, our results demonstrated that HSF5 biologically interacted with SMARCA5, SMARCA4 and SMARCE1, and it could function as a transcription factor for pachynema progression during meiosis. Therefore, our study underscores the importance of the chromatin-associated HSF5 for the differentiation of spermatocytes, improving the protein regulatory network of the pachynema progression.
Dispensability of HPF1 for cellular removal of DNA single-strand breaks
Authors: Hrychova Kristyna , Burdova Kamila , Polackova Zuzana , Giamaki Despoina , Valtorta Beatrice , Brazina Jan , Krejcikova Katerina , Kuttichova Barbora , Caldecott Keith W , Hanzlikova Hana
Published: August 2024

In response to DNA damage, the histone PARylation factor 1 (HPF1) regulates PARP1/2 activity, facilitating serine ADP-ribosylation of chromatin-associated factors. While PARP1/2 are known for their role in DNA single-strand break repair (SSBR), the significance of HPF1 in this process remains unclear. Here, we investigated the impact of HPF1 deficiency on cellular survival and SSBR following exposure to various genotoxins. We found that HPF1 loss did not generally increase cellular sensitivity to agents that typically induce DNA single-strand breaks (SSBs) repaired by PARP1. SSBR kinetics in HPF1-deficient cells were largely unaffected, though its absence partially influenced the accumulation of SSB intermediates after exposure to specific genotoxins in certain cell lines, likely due to altered ADP-ribosylation of chromatin. Despite reduced serine mono-ADP-ribosylation, HPF1-deficient cells maintained robust poly-ADP-ribosylation at SSB sites, possibly reflecting PARP1 auto-poly-ADP-ribosylation at non-serine residues. Notably, poly-ADP-ribose chains were sufficient to recruit the DNA repair factor XRCC1, which may explain the relatively normal SSBR capacity in HPF1-deficient cells. These findings suggest that HPF1 and histone serine ADP-ribosylation are largely dispensable for PARP1-dependent SSBR in response to genotoxic stress, highlighting the complexity of mechanisms that maintain genomic stability and chromatin remodeling.
Efficient circularization of protein-encoding RNAs via a novel cis-splicing system
Authors: Qi Shaojun , Wang Huiming , Liu Guopeng , Qin Qianshan , Gao Peng , Ying Bo
Published: August 2024

Circular RNAs (circRNAs) have emerged as a promising alternative to linear mRNA, owing to their unique properties and potential therapeutic applications, driving the development of novel approaches for their production. This study introduces a cis-splicing system that efficiently produces circRNAs by incorporating a ribozyme core at one end of the precursor, thereby eliminating the need for additional spacer elements between the ribozyme and the gene of interest (GOI). In this cis-splicing system, sequences resembling homologous arms at both ends of the precursor are crucial for forming the P9.0 duplex, which in turn facilitates effective self-splicing and circularization. We demonstrate that the precise recognition of the second transesterification site depends more on the structural characteristics of P9.0 adjacent to the ωG position than on the nucleotide composition of the P9.0-ωG itself. Further optimization of structural elements, like P10 and P1-ex, significantly improves circularization efficiency. The circRNAs generated through the cis-splicing system exhibit prolonged protein expression and minimal activation of the innate immune response. This study provides a comprehensive exploration of circRNA generation via a novel strategy and offers valuable insights into the structural engineering of RNA, paving the way for future advancements in circRNA-based applications.
NucleoFind: a deep-learning network for interpreting nucleic acid electron density
Authors: Dialpuri Jordan S , Agirre Jon , Cowtan Kathryn D , Bond Paul S
Published: August 2024

Nucleic acid electron density interpretation after phasing by molecular replacement or other methods remains a difficult problem for computer programs to deal with. Programs tend to rely on time-consuming and computationally exhaustive searches to recognise characteristic features. We present NucleoFind, a deep-learning-based approach to interpreting and segmenting electron density. Using an electron density map from X-ray crystallography obtained after molecular replacement, the positions of the phosphate group, sugar ring and nitrogenous base group can be predicted with high accuracy. On average, 78% of phosphate atoms, 85% of sugar atoms and 83% of base atoms are positioned in predicted density after giving NucleoFind maps produced following successful molecular replacement. NucleoFind can use the wealth of context these predicted maps provide to build more accurate and complete nucleic acid models automatically.
Distribution of specific prokaryotic immune systems correlates with host optimal growth temperature
Authors: Olijslager Lisa H , Weijers Dolf , Swarts Daan C
Published: August 2024

Prokaryotes encode an arsenal of highly diverse immune systems to protect themselves against invading nucleic acids such as viruses, plasmids and transposons. This includes invader-interfering systems that neutralize invaders to protect their host, and abortive-infection systems, which trigger dormancy or cell death in their host to offer population-level immunity. Most prokaryotic immune systems are found across different environments and prokaryotic phyla, but their distribution appears biased and the factors that influence their distribution are largely unknown. Here, we compared and combined the prokaryotic immune system identification tools DefenseFinder and PADLOC to obtain an expanded view of the immune system arsenal. Our results show that the number of immune systems encoded is positively correlated with genome size and that the distribution of specific immune systems is linked to phylogeny. Furthermore, we reveal that certain invader-interfering systems are more frequently encoded by hosts with a relatively high optimum growth temperature, while abortive-infection systems are generally more frequently encoded by hosts with a relatively low optimum growth temperature. Combined, our study reveals several factors that correlate with differences in the distribution of prokaryotic immune systems and extends our understanding of how prokaryotes protect themselves from invaders in different environments.
Assessing Nicotine Pharmacokinetics of New-Generation Tobacco Products and Conventional Cigarettes: A Systematic Review and Meta-analysis
Authors: Cao Yue , Liu Xinru , Hu Zhongyi , Li Jiaxuan , Chen Xi , Xiong Yuming , Zheng Fangzhen , Zhang Jianqiang , Zhang Lin , Liu Xiaona
Published: August 2024

Introduction

New-generation tobacco products (NGPs) hold promises as modified-risk alternatives to conventional cigarettes (CCs), given their comparable characteristics. This study investigated the nicotine pharmacokinetics (PK) of NGPs, encompassing closed pod systems, refillable e-cigarettes (ECs), and heated tobacco products (HTPs), in comparison to CCs through systematic review and meta-analysis.

Aims and Methods

A comprehensive search was conducted on PubMed, Embase, and Web of Science for articles published between January 2013 and July 2023. Maximum nicotine concentration (Cmax), time to peak concentration (Tmax), and total nicotine exposure (area under the concentration-time curve, AUC) were extracted to evaluate nicotine delivery PK. Random effects meta-analyses were performed to determine pooled standardized mean differences, facilitating a comparison of PK profiles between NGPs and CCs. Subgroup analyses exploring flavors and nicotine concentrations across NGPs, and CCs were also conducted.

Results

The meta-analysis incorporated 30 articles with 2728 participants. Cmax and AUC were significantly lower for NGPs, while Tmax demonstrated statistical similarity compared to CCs. Among three NGPs, Cmax, and AUC were lower for closed pod systems and refillable ECs. In HTPs, Cmax was statistically similar while AUC was lower compared to CCs. Tmax was statistically similar in closed pod systems and HTPs compared to that of CCs. No significant difference was observed in the comparisons of PK between each type of NGPs versus CCs.

Conclusions

NGPs delivered less nicotine than CCs but reached Cmax over a similar timeframe, indicating that NGPs may serve as modified-risk alternatives with lower nicotine delivery to CCs for craving relief and smoking cessation.

Implications

This study suggested that NGPs, such as the closed pod systems, the refillable ECs, and the HTPs, delivered either lower or comparable nicotine levels and achieved peak nicotine concentration at a similar rate as CCs. Our findings carry implications that NGPs can serve as modified-risk nicotine alternatives to CCs in helping smokers manage cravings and potentially quit smoking, thereby highlighting their value in the field of tobacco harm reduction.
The rules and aims of inquiry
Authors: González de Prado Javier
Published: August 2024

Are norms of inquiry in tension with epistemic norms? I provide a (largely) negative answer, turning to a picture of epistemic practices as rule-governed games. The idea is that, while epistemic norms are correctness standards for the attitudes involved in epistemic games, norms of inquiry derive from the aims of those games. Attitudes that, despite being epistemically correct, are inadvisable regarding the goals of some inquiry are just like bad (but legal) moves in basketball or chess. I further consider cases in which the aims of inquiry recommend breaking epistemic norms. I compare them to strategic infractions, which are common in many coherent games. Finally, I explore the connections between rules and aims in games and in inquiry. I show that in both cases respecting the rules is constitutively required for satisfying the aims of the practice.