bluuebunny/crossref_metadata_2025 huggingface dataset:
Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.25: Right to Judicial Protection
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter addresses Article 25 of the American Convention on Human Rights (ACHR), which protects both an individual right to effective remedy for “fundamental rights” violations and a State obligation to organize such remedies. Although autonomous, Article 25 has strong and close relationship with other provisions and rights of the ACHR, such as Article 1 and Article 8. The States' obligations to offer effective remedies to victims of fundamental rights violations (in accordance with Article 25), are interpreted under criteria required by the principles of the fair trial and due process as defined in Article 8-1 of the ACHR. Moreover, these obligations are part of the general obligation to guarantee the free and full exercise of the rights of the Convention without any discrimination (Article 1). Article 25 of the ACHR thus occupies a major place and is a basic foundation of the rule of law, particularly each time it makes a decisive contribution to guaranteeing access to justice, and the fight against impunity.
Part I State Obligations and Rights Protected, Ch.IV Suspension of Guarantees, Interpretation, and Application, Art.27: Suspension of Guarantees
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter explores Article 27 of the American Convention on Human Rights (ACHR). Article 27 of the ACHR aims to maintain the balance between rights and freedoms of individuals and the safety of the community as a whole in allowing States to derogate from certain rights when it is necessary to face the exceptional circumstances that are threatening the life of the nation. In other words, the exceptional circumstances doctrine aims at preserving the superior interest of the State over the respect of ordinary legality. It is a “safety valve” allowing the States to suspend the exercise of certain rights when there is no other option. Accordingly, Article 27 of the ACHR establishes the rules and conditions of different nature that must be respected by the States Parties when they suspend certain rights.
Part I State Obligations and Rights Protected, Ch.IV Suspension of Guarantees, Interpretation, and Application, Art.28: Federal Clause
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter studies Article 28 of the American Convention on Human Rights (ACHR). Article 27 of the ACHR specifies the obligations of State Parties that would have a federal constitutional structure under the American Convention. It reflects the principle of international law that the State is perceived by the international legal order as unitary—regardless of how its territory is organized and how power over it is exercised—both in terms of its international obligations and in terms of responsibility for non-compliance. Paragraph 2 specifies that for those rights of the Convention that fall within the competence of the federated entities, the federal entity must “immediately” take measures to ensure that those entities effectively implement the Convention. Meanwhile, Paragraph 3 envisages a different situation: that in which States already party to the Convention would group together in a federation or “other type of association,” such as a confederation, for example, or even an integration organization. In such cases, they must ensure the “continuity” of the application of the ACHR, which raises important questions of international law.
Part I State Obligations and Rights Protected, Ch.V Personal Responsibilities, Art.32: Relationship between Duties and Rights
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter analyzes Article 32 of the American Convention on Human Rights (ACHR). The purpose of Article 32 of the ACHR is to establish a correlation between the rights and duties of the individuals and to emphasize generally the possibility of limiting rights and freedoms under certain conditions. Article 30 deals with the technical aspect of the restrictions' regime, while Article 32 refers on a more philosophical tone to the conditions for implementing the enjoyment of the rights and freedoms of the ACHR in the context of life in society. In this sense, this provision would echo the contract-based approaches of the theories of justice and reminds that human rights are partly grounded in the social contract. The duties and personal responsibilities are the counterparts of the rights and freedoms enshrined in Article 1 to Article 26.
Part II Means of Protection, Ch.VII Inter-American Commission on Human Rights, s.1 Organization, Article 34
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter investigates Article 34 of the American Convention on Human Rights (ACHR). Article 34 of the ACHR determines the composition of the Inter-American Commission of Human Rights in fixing the number of members at seven and the qualitative requirements that the members should meet. They must be of high moral character and must have a recognized competence in the field of human rights. Article 34 must be read in conjunction with Articles 35, 36, 37, and 38 of the Convention that regulate questions related to representation, election, and vacancies, echoing Articles 2 to 15 of the Statute of Commission. Unlike the Inter-American Court of Human Rights, which was created by the American Convention, it should be kept in mind that the Inter-American Commission preexisted the Convention and was created in 1959. The American Convention does not alter or modify in any way the aspects relating to its organization or composition.
Part II Means of Protection, Ch.VII Inter-American Commission on Human Rights, s.1 Organization, Article 36
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter details Article 36 of the American Convention on Human Rights (ACHR). Article 36 of the ACHR is the exact same provision as Article 2-2 of the Statute of the Inter-American Commission of Human Rights. The main object of that article is to deal with some questions regarding the election of the members of the Commission. Besides the procedural elements regarding the nomination and the election of the candidates, Article 36-1 requires the members to be elected “in a personal capacity.” This requirement must be read in conjunction with Article 35, which provides that the Commission represents all Organization of American States (OAS) members. Article 36 is part of the guarantees which contribute to avoid the “politicization” of the Commission and its members. This provision also highlights the fact that the candidates are directly proposed by the States; it raises the question of a possible qualitative control of the candidacies.
Part II Means of Protection, Ch.VII Inter-American Commission on Human Rights, s.1 Organization, Article 37
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter focuses on Article 37 of the American Convention on Human Rights (ACHR). After setting out the requirements for eligibility for election as a member of the Inter-American Commission of Human Rights (Article 34 of the Convention), and the mode of election (Article 36 of the Convention), Article 37-1 of the Convention sets out the rules for the term of office and the renewal of any term of office. Article 37-2 is limited to specifying that no more than one person of the same nationality may serve on the Inter-American Commission. The rules are in line with the practice of other comparable bodies. These norms laid down in Article 37 aim to ensure that the composition of the Commission is varied, renewed, and that it can evolve and be dynamic.
Part II Means of Protection, Ch.VII Inter-American Commission on Human Rights, s.1 Organization, Article 39
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter assesses Article 39 of the American Convention on Human Rights (ACHR). Article 39 of the ACHR deals with the Statute of the Inter-American Commission of Human Rights and its Rules of Procedure. This rather succinct article confirms the power of the Commission to establish and adopt its own Rules of Procedure, and to prepare its Statute, which must be approved by the General Assembly. These two normative instruments are absolutely crucial to enable the Commission to carry out its functions. Many of the standards contained in them reiterate articles of the American Convention, while significantly developing them and adding others that are indispensable for the proper functioning of this body.
Part II Means of Protection, Ch.VII Inter-American Commission on Human Rights, s.2 Functions, Article 43
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter studies Article 43 of the American Convention on Human Rights (ACHR), which is devoted to the functions of the Inter-American Commission on Human Rights. It requires States to transmit to the Commission, at its request, any information concerning the implementation in domestic law of measures to ensure the effective application of the Convention. The provision thus mirrors the functions of the Commission detailed in Article 41 b, c, and d. This article empowers the Commission with the competence to make recommendations to improve the situation of ACHR's rights in domestic law and to draft reports and studies. While it appears to have been modeled on the ground of the State report monitoring established by Article 40 of the International Covenant on Civil and Political Rights (ICCPR), the ACHR's drafters did not follow the rationale of the UN Human Rights Committee or other universal treaty bodies and did not formally establish such a monitoring mechanism on the basis of state reports.
Part II Means of Protection, Ch.VII Inter-American Commission on Human Rights, s.3 Competence, Article 47
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter examines Article 47 of the American Convention on Human Rights (ACHR). Article 47 of the ACHR determines additional conditions of admissibility of individual petitions lodged in accordance with Article 44 or inter-States communications under Article 45 of the ACHR. The provision contains four rules of a different nature. Article 47-a is not an additional condition of admissibility. Rather, it indicates the procedural consequence of the non-fulfillment of the Article 46 requirements, that is, the non-admissibility of the petition or communication. Article 47-b refers to the facts at the basis of the action. They must establish a prima facie violation of the ACHR. This condition is very close to “groundless” or “obviously out of order” condition laid down by Article 47-c. In practice, the Inter-American Commission does not distinguish rigorously the two requirements. Last, Article 47-d imposes to the petitioners to respect the res judicata, as named by the Inter-American Commission on Human Rights and the Inter-American Court.
Part II Means of Protection, Ch.VII Inter-American Commission on Human Rights, s.4 Procedure, Article 51
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter focuses on Article 51 of the American Convention on Human Rights (ACHR). Article 51 of the ACHR closes up Section 4 of the Chapter VII dedicated to the “Procedure” before the Inter-American Commission on Human Rights, applied when dealing with an individual petition (Article 44) or an inter-State communication (Article 45). The provision describes the potential results of the procedure, that is, the adoption of a report that would contain the “opinion,” “conclusion,” and “recommendations” of the Commission. The article must be understood in light of Article 49 (Friendly settlement) and Article 50 (“preliminary report”). An Article 51 report is adopted when the friendly settlement process has failed, and in case of violations stated by the Commission, when the case is neither brought to the Court nor fixed by the Commission itself. Accordingly, the Article 51 report is said to be “final,” as it terminates the litigation proceeding before the Inter-American organs.
Part II Means of Protection, Ch.VIII Inter-American Court of Human Rights, s.1 Organization, Article 54
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter addresses Article 54 of the American Convention on Human Rights (ACHR). Article 54 of the ACHR lays down the rules applicable to the conduct, duration, and renewal of a judge's term of office. Elected for a six-year term with the possibility of renewal once, the judges of the Inter-American Court enjoy a certain stability in their functions. Article 54 is divided into three paragraphs, which establish a fairly simple framework. In addition to the duration (six years), and the number of possible re-elections (one), the first paragraph includes a part which concerns the first formation of the court and which, therefore, has only an historical value. The second paragraph deals with the situation of the election of a judge to replace a fellow who has ceased to hold office before the end of their mandate. The third paragraph reflects a procedural continuity principle. Its purpose is to maintain a certain stability and permanence in the composition of the Court, which is necessarily modified at each election.
Part II Means of Protection, Ch.VIII Inter-American Court of Human Rights, s.1 Organization, Article 55
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter describes Article 55 of the American Convention on Human Rights (ACHR). Article 55 of the ACHR deals with the organization and composition of the Inter-American Court when ruling on the basis of its contentious jurisdiction (Articles 44 and 45 of the ACHR). In particular, a number of rules are laid down concerning the judge of nationality of one or more States interested in the contentious proceedings (“national judge”), as well as the possibility of appointing an ad hoc judge for a specific case. Article 55 is specified in Article 10 of the Statute of the Inter-American Court and in Articles 19 and 20 of its Rules of Procedure. In order to be fully captured, Article 55 must be read in light of other provisions of the Convention, including Article 52, to which express reference is made.
Part II Means of Protection, Ch.VIII Inter-American Court of Human Rights, s.1 Organization, Article 56
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter explores Article 56 of the American Convention on Human Rights (ACHR), which deals with an important procedural question. It establishes the quorum required for the Inter-American Court's deliberation, that is, the required number of judges taking physically part in the deliberation, for the decision to be legally valid. This rule is crucial. If the quorum is not met, the decisions taken during a meeting cannot be considered as adopted by the Court. The threshold laid down in Article 56 applies both when the Court exercises its contentious jurisdiction under Articles 61 and 62 and when it is requested to deliver an advisory opinion in accordance with Article 64 of the ACHR. The provision is closely linked to Article 55 of the ACHR relating to the national judge and the ad hoc judge.
Part II Means of Protection, Ch.VIII Inter-American Court of Human Rights, s.1 Organization, Article 60
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter reviews Article 60 of the American Convention on Human Rights (ACHR). Article 60 of the ACHR addresses the crucial issue of the Statute and the Rules of Procedure (RoPs) of the Inter-American Court. For international courts and tribunals, probably more so than for domestic organs, the Statute and RoPs are “constitutive” instruments in the first sense of the term. They set the constitutional framework to be respected by the parties and the judge. Therefore, the question of the drafters of these rules is itself fundamental. The answer to this question gives an idea of the greater or lesser degree of autonomy that the States which created the judicial body intended to provide it with.
Part II Means of Protection, Ch.VIII Inter-American Court of Human Rights, s.2 Jurisdiction and Functions, Article 62
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter analyzes Article 62 of the American Convention on Human Rights (ACHR), which is a fundamental and essential provision of the inter-American human rights protection system. Article 62 of the ACHR deals with the modalities for the recognition of the contentious jurisdiction of the Inter-American Court of Human Rights. It establishes the main feature of the exercise of this jurisdiction, namely, a State’s consent-based jurisdiction. In other words, the Court is granted an optional contentious jurisdiction, while the Inter-American Commission holds a compulsory jurisdiction to examine individual petitions on the basis of Article 44 of the ACHR. Article 62 must be analyzed in conjunction with other provisions of the Convention, including Article 61, which deals with the entities entitled to bring cases before the Court, namely, the States Parties and the Commission.
Part II Means of Protection, Ch.VIII Inter-American Court of Human Rights, s.3 Procedure, Article 66
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter focuses on Article 66 of the American Convention on Human Rights (ACHR). Article 66 of the ACHR contains crucial elements of the adjudicating performance of the Inter-American Court. The first paragraph establishes the principle that reasons must be given for the Court's judgments, while under the second paragraph, the judges who participated in the formation of the judgment may attach a separate opinion, whether concurring or dissenting, to the Court's decisions. These elements are set out and clarified in Article 65 of the Rules of Procedure of the Court. These two provisions, therefore, undoubtedly refer to the key-question of the quality of justice rendered by the Inter-American Court. This must be clear, accessible, and intelligible, in particular for the victim, the defendant State, and more broadly, all States Parties to the ACHR. The legitimacy of the body and, ultimately, its persuasive authority are also at stake.
Part II Means of Protection, Ch.VIII Inter-American Court of Human Rights, s.3 Procedure, Article 67
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter looks at on Article 67 of the American Convention on Human Rights (ACHR). The main purpose of Article 67 of the ACHR is to specify one of the qualities of a judgment of the Inter-American Court, namely, its non-appealable character. The provision is to be read in conjunction with Articles 66 and 68, which refer to other qualities attached to the Court's judgment, that is, their “reasoned” and binding nature for the States concerned. Article 67 of the ACHR is structured around two rules. The first deals with the finality of the Court's judgments and the second with the Court's jurisdiction to interpret them in the event of disagreement between the parties.
Part II Means of Protection, Ch.IX Common Provisions, Article 70
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter describes Article 70 of the American Convention on Human Rights (ACHR). Article 70 of the ACHR focuses on the immunities and privileges to be granted to the members of the Inter-American Commission of Human Rights and the Inter-American Court. The aim pursued by Article 70 is therefore the protection of individuals in the exercise of their functions against all forms of pressure, including financial pressure. Article 70 refers to “international law” for the details of the regime applicable. As a result, the “immunities extended to diplomatic agents” apply to members of the Commission and judges of the Court. Therefore, the provision must be read in light of the 1961 Vienna Convention on Diplomatic Relations, which codifies customary rules on aspects relating to privileges and immunities. However, the referral to the situation of diplomatic agents does not mean that members of the Commission and judges of the Court are assimilated to diplomatic agents.
Part III General and Transitory Provisions, Ch.X Signature, Ratification, Reservations, Amendments, Protocols, and Denunciation, Article 78
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter investigates Article 78 of the American Convention on Human Rights (ACHR). Echoing Article 58 of the European Convention on Human Rights (ECHR), the ACHR reflects the conventional freedom of the State. The Convention is one of these “free conventions,” “in the sense that no State is obliged to become a party to it.” The latter may choose to commit, but as one author points out, it does not necessarily wish to be “prisoner” of this conventional relationship. The State must also be free to leave, hence the importance of regulating this “right of exit,” in particular for reasons of legal certainty in relations between the parties. In the law of treaties, denunciation thus constitutes “the normal procedure by which a State withdraws from a treaty.” This is a unilateral mode aimed at putting an end, for the party concerned, to the treaty commitment and Article 78 of the ACHR is therefore merely an adaptation of the principle pacta sunt servanda of general international law reflected in Article 54 of the Vienna Convention on the Law of Treaties (VCLT), since it organizes the “consensual termination of treaty relationship” in this particular framework.
The Scope of the Crowdfunding Regulation and the Impact of Brexit
Authors: Ivanova Petja
Published: January 2022

This chapter clarifies the scope of application of the Crowdfunding Regulation. It also discusses the impact of Brexit on the application of the crowdfunding legal framework and the further development of the crowdfunding market. According to Article 1(1), the uniform requirements of the Crowdfunding Regulation apply to crowdfunding service providers (CSPs), including their organisation, authorization, and supervision and the operation of crowdfunding platforms, and to the provision of crowdfunding services and transparency and marketing communications. Yet, the provisions of the Crowdfunding Regulation either remain inapplicable to particular forms of crowdfunding, or result in an interdependence with other existing EU instruments. Despite the obstacles still existing and within the limits of the Crowdfunding Regulation, cross-border operations of CSPs throughout the Union are significantly facilitated.
Principles of International Investment Law
Authors: Kriebaum Ursula , Schreuer Christoph , Dolzer Rudolf
Published: January 2022

This book outlines the principles behind the international law of foreign investment, focussing on the law governed by bilateral and multilateral investment treaties. The book traces the purpose, context, and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyses the case law, interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book describes the dispute settlement mechanisms for enforcing investment law, outlining the operation of Investor v State arbitration. This third edition has been fully updated to reflect the evolution of treaty practice, jurisprudence, and doctrinal opinion, covering new treaties such as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), United States–Mexico–Canada Agreement (USMCA), and the Comprehensive Economic and Trade Agreement (CETA). Each chapter is introduced by a bibliography of recent publications. Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, the book offers an ideal introduction to the principles of international investment law and arbitration, for students and practitioners alike.
Investment Contracts
Authors: Dolzer Rudolf
Published: January 2022

This chapter focuses on investment contracts. Since large-scale investments involve interests of the investor as well as public interests of the host State, general legislation of the host country may not sufficiently address the nature of the project and the kind of interests concerned. The legal setting of an investment may need to be adjusted to its specifics and complexities by way of an investment contract. The investment contract will reflect the bargaining power of both sides under the circumstances of the individual project. Depending upon the bargaining power and the negotiating skill of the parties, a number of possible choices have emerged for the law applicable to the contract and the agreement on dispute resolution. These range from a choice of the law of the host State to an exclusive choice of international law. The matter will also be determined by the position of international law in the domestic order of the host State. The chapter then looks at stabilization and renegotiation clauses and considers the relationship of investment contracts with investment treaties.
Admission and Establishment
Authors: Dolzer Rudolf
Published: January 2022

This chapter assesses the admission and establishment of foreign investors. Admission concerns the right of entry of the investment in principle, whereas establishment pertains to the conditions under which the investor is allowed to carry out its business during the period of the investment. From the perspective of general international law, States are in no way compelled to admit foreign investments. The economic dimension of territorial sovereignty leaves it to each government to decide whether to close the national economy to foreign investors or to open it up, fully or with respect to certain sectors. This includes the right to determine the modalities for the admission and establishment of foreign investors. Views differ on whether it is useful to conclude treaties providing for guarantees towards liberalization or whether the flexibility inherent in domestic legislation subject to continuous review provides more benefits for the host State's national economy. The policy decision of the host State whether to grant a right of admission is fundamental for all parties to investment treaties. The chapter also looks at the provisions on investment promotion and performance requirements.
Expropriation
Authors: Dolzer Rudolf
Published: January 2022

This chapter addresses the rules of international law governing the expropriation of alien property. Consistent with the notion of territorial sovereignty, the classical rules of international law have accepted the host State’s right to expropriate alien property. Customary international law placed certain limitations on the host State’s right to take alien property, but even modern investment treaties respect the right to expropriate in principle. Treaty law typically addresses only the conditions and consequences of an expropriation, leaving the right to expropriate as such unaffected. The legality of an expropriation depends on whether these conditions have been met. Practice shows that claims for expropriations relate to a variety of assets, tangible and intangible, and even to arbitral awards. Among intangible assets, the expropriation of contract rights has played an important role in practice. The chapter then looks at how indirect expropriations have gained in importance. An indirect expropriation leaves the title untouched but deprives the investor of the possibility to utilize the investment in a meaningful way. A typical feature of an indirect expropriation is that the State will deny the existence of an expropriation and will not contemplate the payment of compensation.
Standards of Protection
Authors: Dolzer Rudolf
Published: January 2022

This chapter describes the standards of protection under international investment law. Most bilateral investment treaties (BITs) and other investment treaties provide for fair and equitable treatment (FET) of foreign investments. Thus, this concept is the most frequently invoked standard in investment disputes. It is also the standard with the highest practical relevance: a major part of successful claims pursued in international arbitration are based on a violation of the FET standard. The chapter then considers the notion of full protection and security (FPS); arbitrary or discriminatory measures; clauses on national treatment; most-favoured-nation (MFN) clauses; and ‘umbrella clauses’. It also looks at the explicit obligation to provide effective means to assert claims and enforce rights, and the conditions for the transfer of funds by investors into the host State and out of the host State.
Emergency Situations and Armed Conflicts
Authors: Dolzer Rudolf
Published: January 2022

This chapter explores the legal rules applicable to extraordinary events and periods of economic and social disorder. The relevant international rules are contained in customary international law codified by the International Law Commission (ILC). Situations beyond the host State’s control are addressed in the ILC's Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA) under the headings ‘force majeure’ (Article 23), ‘distress’ (Article 24), and ‘necessity’ (Article 25). In addition, treaties for the protection of foreign investments contain relevant provisions. The Vienna Convention on the Law of Treaties (VCLT) offers the doctrines of supervening impossibility of performance (Article 61) and of fundamental change of circumstances (Article 62) to deal with extraordinary developments such as emergencies and armed conflict. To the extent that the ILC Draft Articles represent the law governing the effects of armed conflict on treaties, they tend to support the principle of the continued applicability of investment treaties.
Attribution
Authors: Dolzer Rudolf
Published: January 2022

This chapter studies attribution, the process whereby international law determines that a particular conduct is to be regarded as activity of a State which is capable of leading to State responsibility. This area of customary international law was the object of extensive efforts at codification by the International Law Commission (ILC). This work culminated in the adoption of the Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA) in 2001. Some treaties also offer special rules on attribution. For instance, the Energy Charter Treaty (ECT) contains its own rules on attribution in Articles 22 and 23. The ARSIWA give precedence to these treaty provisions where they represent a lex specialis. Ultimately, attribution follows three basic principles. First, actions of organs of States are attributed to the State. Second, even without the status of an organ, the acts of an entity will be attributed to the State if the entity is acting in the exercise of governmental authority. Third, even without the status of an organ, the actions of a person or entity will be attributed to the State if they take place under the direction and control of the State.
Conventional Weapon Regimes
Authors: Casey-Maslen Stuart
Published: January 2022

This chapter describes the 1990 Conventional Forces in Europe (CFE) Treaty as a creature of the Cold War. It compiles the content and effect of the 1992 Open Skies Treaty and the soft-law 2011 Vienna Document, which are both adopted within the auspices of the Organization for Security and Co-operation in Europe (OSCE). It also examines arms control during the Cold War, which focused on the relative numbers of certain conventional weapons between the forces of the North Atlantic Treaty Organization (NATO) and those of the Warsaw Pact. The chapter elaborates the disarmament by individual States of injurious or indiscriminate conventional weapons, which was not high on the policy agenda of the military bloc. It mentions the achievement of consensus on the elimination of any conventional weapons category, which proved elusive within the United Nations framework.
Arms Transfer Regimes
Authors: Casey-Maslen Stuart
Published: January 2022

This chapter describes the subject and operation of politically binding regimes, including the Wassenaar Arrangement and the Missile Technology Control Regime and the voluntary reporting regime of the UN Register of Conventional Arms. It highlights the 2013 United Nations (UN) Arms Trade Treaty as the principal global treaty governing the transfer of conventional weapons. It also explains that the UN Arms Trade Treaty prohibits the transfer of conventional weapons falling within its scope in a series of set circumstances. The chapter analyses the UN’s informal classification of the UN Arms Trade Treaty as an arms control treaty. It covers the European Union Common Position, the 2006 Economic Community of West Africa (ECOWAS) Convention on Small Arms and Light Weapons (SALW), and the 2010 Kinshasa Convention on SALW, which are considered regional legally binding regimes.
Verification of Arms Control and Disarmament Agreements
Authors: Casey-Maslen Stuart
Published: January 2022

This chapter discusses the nature and extent of verification measures in arms control and disarmament and considers thematic areas where verification is generally required, as well as weapon-specific issues within those areas. It provides verification measures in both bilateral and multilateral agreements, including but not limited to legally binding treaties. It also talks about transparency as a critical first step towards building confidence among parties and other stakeholders on implementing arms control and disarmament agreements. The chapter analyses how weapons, their parts and components, and weapons development, production, and storage facilities are sometimes inadvertently or deliberately omitted from declarations and annual progress reports by States. It considers satellite imagery or reconnaissance overflights, which are integral to verification of compliance.
Obtaining Evidence across National Boundaries
Authors: Stewart David P , Bowker David W
Published: January 2022

Transnational discovery—the process of obtaining evidence in one country for use in legal proceedings in another—is increasingly important in contemporary international civil and commercial litigation. It is particularly challenging because different national rules exist both as to what information can be obtained and how, and by whom, it can be acquired. This chapter reviews a range of practical and legal challenges that practitioners may face when taking evidence in one national jurisdiction for use in another. It surveys existing multilateral instruments on the subject, in particular the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, the Inter-American Convention on Taking Evidence Abroad and its Additional Protocol, and EU Regulation No. 1206/2001. It also describes in some detail relevant U.S. rules and concludes by summarizing some of the growing challenges presented by the taking of electronic or digital evidence located within one country for use in another.
Dark matter annihilation and the Galactic Centre Excess
Authors: Grand Robert J J , White Simon D M
Published: January 2022

We compare the surface brightness profile and morphology of the Galactic Centre Excess (GCE) identified in wide-angle γ-ray maps from the Fermi-Large Area Telescope (LAT) to dark matter annihilation predictions derived from high-resolution Λ cold dark matter magnetohydrodynamic simulations of galaxy formation. These simulations produce isolated, disc-dominated galaxies with structure, stellar populations, gas content, and stellar and halo masses comparable to those of the Milky Way. For a specific choice of annihilation cross-section, they agree well with the Fermi-LAT data over the full observed angular range, 1°–15°, whereas their dark-matter-only counterparts, lacking any compression of the inner halo by the gravitational effects of the baryons, fail to predict emission as centrally concentrated as observed. These results provide additional support to the hypothesis that the GCE is produced by annihilating dark matter. If, however, it is produced by a different mechanism, they imply a strong upper limit on annihilation rates, which can be translated into upper limits on the expected γ-ray flux not only from the inner Galaxy, but also from any substructure, with or without stars, in the Galactic halo.
A randomized feasibility study evaluating temozolomide circadian medicine in patients with glioma
Authors: Damato Anna R , Katumba Ruth G N , Luo Jingqin , Atluri Himachandana , Talcott Grayson R , Govindan Ashwin , Slat Emily A , Weilbaecher Katherine N , Tao Yu , Huang Jiayi , Butt Omar H , Ansstas George , Johanns Tanner M , Chheda Milan G , Herzog Erik D , Rubin Joshua B , Campian Jian L
Published: January 2022

Background

Gliomas are the most common primary brain tumor in adults. Current treatments involve surgery, radiation, and temozolomide (TMZ) chemotherapy; however, prognosis remains poor and new approaches are required. Circadian medicine aims to maximize treatment efficacy and/or minimize toxicity by timed delivery of medications in accordance with the daily rhythms of the patient. We published a retrospective study showing greater anti-tumor efficacy for the morning, relative to the evening, administration of TMZ in patients with glioblastoma. We conducted this prospective randomized trial to determine the feasibility, and potential clinical impact, of TMZ chronotherapy in patients with gliomas (NCT02781792).

Methods

Adult patients with gliomas (WHO grade II-IV) were enrolled prior to initiation of monthly TMZ therapy and were randomized to receive TMZ either in the morning (AM) before 10 am or in the evening (PM) after 8 pm. Pill diaries were recorded to measure compliance and FACT-Br quality of life (QoL) surveys were completed throughout treatment. Study compliance, adverse events (AE), and overall survival were compared between the two arms.

Results

A total of 35 evaluable patients, including 21 with GBM, were analyzed (18 AM patients and 17 PM patients). Compliance data demonstrated the feasibility of timed TMZ dosing. There were no significant differences in AEs, QoL, or survival between the arms.

Conclusions

Chronotherapy with TMZ is feasible. A larger study is needed to validate the effect of chronotherapy on clinical efficacy.
The victim–offender overlaps among Australian youth missing persons
Authors: Randone Jasmine , Thomas Stuart D M
Published: January 2022

The victim–offender overlap describes the relationship between crime involvement as a victim and an offender. This study assessed the presence and nature of this overlap in 2,126 young people reported missing for the first time in 2005 followed up for 10 years using police contact data from Victoria, Australia. The results demonstrated support for the presence of the victim–offender overlap, with a substantial proportion (n = 1,116, 52%) of the youth missing persons classified as victim–offenders. The number of times reported missing, younger age at first police contact, sex, having a history of family violence, and mental health-related concerns were common risk factors for both victimization and offending. Victim–offenders were also commonly victims and perpetrators of the same crime type. Findings further indicate the importance of targeting those at greatest risk of being repeat missing persons early and proactively in order to respond to, and limit, the potential for further victimization and offending.
Machine Intelligence, Bureaucracy, and Human Control
Authors: Bullock Justin B , Huang Hsini , Kim Kyoung-Cheol (Casey)
Published: January 2022

Machine intelligence, used extensively throughout modern bureaucracies, is quickly evolving, giving rise to machine agents that accomplish tasks typically reserved for human beings. This shift affects task completion, human/machine coproduction, and the control of the bureaucracy itself. Using Max Weber’s ideal type bureaucracy as a guiding construct, we argue that machine agents may offer technical capacity for task completion beyond that of humans. Furthermore, the technical strengths of machine intelligence, including (1) speed, (2) dispassion, (3) predictability, and (4) rational rule-based functioning, mirror those found within Weber’s ideal type. Through this lens, the evolution of both bureaucratic structures and the decision-making agents within them presents at least three important challenges for modern scholars: (1) deciding the scope of tasks machine agents should complete, (2) adapting the bureaucracy to work with machine agents, and (3) retaining the role of humans and human control.
Fragmentalism We can Believe in
Authors: Merlo Giovanni
Published: January 2022

This paper argues that what is currently the most popular version of temporal Fragmentalism—‘unstructured’ temporal Fragmentalism, as I shall call it—faces a problem of Tensed Belief Explosion. Four possible solutions to this problem are reviewed and shown to be wanting; two more promising ones risk fostering scepticism about the existence of tensed facts—hence, about Fragmentalism itself. The tentative moral is that unstructured versions of Fragmentalism are at best unmotivated and at worst seriously flawed.
UNWIRED PLANET INTERNATIONAL LTD v HUAWEI TECHNOLOGIES CO LTD
Authors:   Supreme Court
Published: January 2022

H1 Patents — European patents — Standards essential patents — Infringement proceedings — Nature of the FRAND undertaking — FRAND terms — Global licences — Jurisdiction — Forum conveniens — Justiciability — Non-discrimination — Assessment of comparability — Interplay between FRAND terms and competition law — No offer of licence terms before action — Injunctive relief — Appeal to Supreme Court
REGENERON PHARMACEUTICALS INC v KYMAB LTD
Authors:   Supreme Court
Published: January 2022

H1 Patents — European patents — Pharmaceuticals — Antibody production — Genetic engineering — Transgenic mice — Infringement — Construction — Insufficiency — Biogen insufficiency — Nature of the invention — Whether a principle of general application — Enablement — Whether the scope of monopoly exceeding technical contribution to the art — Appeal to Supreme Court
Efficacy of enhanced Escherichia coli phytase on growth performance, bone quality, nutrient digestibility, and metabolism in nursery pigs fed corn-soybean meal diet low in calcium and digestible phosphorous
Authors: Kiarie Elijah G , Song Xuerong , Lee Junhyung , Zhu Cuilan
Published: January 2022

Efficacy of Escherichia coli phytase (ASP) was evaluated in nursery pigs fed low Ca and digestible P corn and soybean meal diet. Piglets were weaned on day 21, fed a common commercial starter diet for 7 d, and assigned to pens (4 pigs/pen: 2 ♀ and 2 ♂) based on day 7 BW. Positive control (PC) and negative (NC) diets were formulated with similar energy and nutrients with exception of total Ca, total P, and digestible P concentrations being 79%, 67%, and 55% that of PC diet, respectively. Two other diets were formulated by adding ASP in NC at 500 and 1,000 FTU/kg. All diets had 0.2% TiO2 indigestible marker. The diets were allocated to pens to give 6 replicates per diet and fed for 42 d. Feed intake and body weight were monitored at 14-d intervals. On day 42, 1 pig/pen was bled and euthanized to access blood and tissue samples. Analyzed total Ca and P in NC diet was 71% and 69% of concentration in PC diet. Recovery of phytase in pelleted diets was 66.2% and 73.5% for NC+500 FTU/kg and NC+1,000 FTU/kg diets, respectively. Between days 15 and 42, pigs fed NC diet grew slower and ate less feed than pigs fed the other diets. Overall (days 0–42), phytase in NC increased (P ≤ 0.05) ADG linearly and quadratically. On day 42, pigs fed PC, NC+500 FTU/kg, and NC+1,000 FTU/kg were +6.1, +5.9, and +7.1 kg heavier (P < 0.05) than pigs fed NC, respectively. Pigs fed PC and NC plus phytase exhibited higher (P = 0.003) G:F relative to NC pigs between days 15 and 28. Pigs fed NC diet had lower (P < 0.001) plasma P concentration, apparent total tract digestibility (ATTD) of Ca and P, and metacarpal and metatarsal bone attributes than pigs fed any other diets. Supplementation of phytase in NC linearly increased (P < 0.05) plasma P concentration, ATTD of Ca and P, and bone attributes. Specifically, phytase increased (P ≤ 0.025) dry weight, length, and ash weight in metacarpals and metatarsals. In conclusion, low total Ca and digestible P diet depressed growth and P utilization in piglets. Supplemental phytase improved performance in pigs fed NC linked to enhanced nutrients uptake and metabolism commensurate to pigs fed adequate total Ca and digestible P from inorganic source.
Disparities in Hypoxemia Detection by Pulse Oximetry Across Self-Identified Racial Groups and Associations With Clinical Outcomes*
Authors: Henry Nicole R. , Hanson Andrew C. , Schulte Phillip J. , Warner Nafisseh S. , Manento Megan N. , Weister Timothy J. , Warner Matthew A.
Published: January 2022

OBJECTIVES:

To assess disparities in hypoxemia detection by pulse oximetry across self-identified racial groups and associations with clinical outcomes.

DESIGN:

Observational cohort study from May 5, 2018, to December 31, 2020.

SETTING:

Three academic medical centers in the United States.

PATIENTS:

Adults greater than or equal to 18 years who self-identified as White, Black, Asian, or American Indian admitted to the ICU or undergoing surgery during inpatient hospitalization with simultaneous measurements of pulse oximetry-estimated oxygen saturation and arterial blood gas-derived oxygen saturation.

INTERVENTIONS:

None.

MEASUREMENTS AND MAIN RESULTS:

Multivariable models were employed to assess the relationships between race, occult hypoxemia (i.e., arterial blood gas-derived oxygen saturation < 88% despite pulse oximetry-estimated oxygen saturation ≥ 92%), and clinical outcomes of hospital mortality and hospital-free days. One-hundred twenty-eight–thousand two-hundred eighty-five paired pulse oximetry-estimated oxygen saturation–arterial blood gas-derived oxygen saturation measurements were included from 26,603 patients. Pulse oximetry-estimated oxygen saturation on average overestimated arterial blood gas-derived oxygen saturation by 1.57% (1.54–1.61%). Black, Asian, and American Indian patients were more likely to experience occult hypoxemia during hospitalization (estimated probability 6.2% [5.1–7.6%], 6.6% [4.9–8.8%], and 6.6% [4.4–10.0%], respectively) compared with White patients (3.6% [3.4–3.8%]). Black patients had increased odds of occult hypoxemia compared with White patients after adjustment (odds ratio, 1.65; 1.28–2.14; p < 0.001). Differences in occult hypoxemia between Asian and American Indian patients compared with White patients were not significant after adjustment (odds ratio, 1.53; 0.95–2.47; p = 0.077 and odds ratio, 1.31; 0.80–2.16; p = 0.288, respectively). Occult hypoxemia was associated with increased odds of mortality in surgical (odds ratio, 2.96; 1.20–7.28; p = 0.019) and ICU patients (1.36; 1.03–1.80; p = 0.033). Occult hypoxemia was associated with fewer hospital-free days in surgical (–2.5 d [–3.9 to –1.2 d]; p < 0.001) but not ICU patients (0.4 d [–0.7 to 1.4 d]; p = 0.500).

CONCLUSIONS:

Occult hypoxemia is more common in Black patients compared with White patients and is associated with increased mortality, suggesting potentially important outcome implications for undetected hypoxemia. It is imperative to validate pulse oximetry with expanded racial inclusion.