bluuebunny/crossref_metadata_2025 huggingface dataset:
Range dynamics of mountain plants decrease with elevation
Authors: Rumpf Sabine B. , Hülber Karl , Klonner Günther , Moser Dietmar , Schütz Martin , Wessely Johannes , Willner Wolfgang , Zimmermann Niklaus E. , Dullinger Stefan
Published: January 2018

Many studies report that mountain plant species are shifting upward in elevation. However, the majority of these reports focus on shifts of upper limits. Here, we expand the focus and simultaneously analyze changes of both range limits, optima, and abundances of 183 mountain plant species. We therefore resurveyed 1,576 vegetation plots first recorded before 1970 in the European Alps. We found that both range limits and optima shifted upward in elevation, but the most pronounced trend was a mean increase in species abundance. Despite huge species-specific variation, range dynamics showed a consistent trend along the elevational gradient: Both range limits and optima shifted upslope faster the lower they were situated historically, and species’ abundance increased more for species from lower elevations. Traits affecting the species’ dispersal and persistence capacity were not related to their range dynamics. Using indicator values to stratify species by their thermal and nutrient demands revealed that elevational ranges of thermophilic species tended to expand, while those of cold-adapted species tended to contract. Abundance increases were strongest for nutriphilous species. These results suggest that recent climate warming interacted with airborne nitrogen deposition in driving the observed dynamics. So far, the majority of species appear as “winners” of recent changes, yet “losers” are overrepresented among high-elevation, cold-adapted species with low nutrient demands. In the decades to come, high-alpine species may hence face the double pressure of climatic changes and novel, superior competitors that move up faster than they themselves can escape to even higher elevations.
Superresolution imaging of individual replication forks reveals unexpected prodrug resistance mechanism
Authors: Triemer Therese , Messikommer Alessandra , Glasauer Stella M. K. , Alzeer Jawad , Paulisch Miriam H. , Luedtke Nathan W.
Published: January 2018

Significance

The pharmacophore of a clinically important prodrug, cytarabine (ara-C), was directly modified with an azide group that had little or no impact on its potency or mode of action. This “clickable” anticancer drug mimic unexpectedly revealed that the efficient incorporation of ara-C into DNA was associated with drug resistance rather than drug sensitivity. Our results therefore challenge a long-standing perception regarding the cell-type selectivity of nucleoside-based drugs. The mediators of ara-C resistance, DNA replication foci, were characterized using superresolution microscopy. In addition to providing detailed glimpses of individual replication forks in cells, these results suggest that new theranostic candidates for blood-cell analysis can be generated by introducing a bioorthogonal functional group directly into the pharmacophore of a Food and Drug Administration-approved drug.
Stimulus generalization as a mechanism for learning to trust
Authors: FeldmanHall Oriel , Dunsmoor Joseph E. , Tompary Alexa , Hunter Lindsay E. , Todorov Alexander , Phelps Elizabeth A.
Published: January 2018

Significance

Humans can learn to trust through direct social experiences. In our everyday lives, however, we constantly meet new people where judgments of trustworthiness are blind to reputation. In these cases, what drives decisions to trust? We find a simple learning mechanism observed across species—stimulus generalization—is deployed in complex social learning environments: Individuals distrust strangers who implicitly resemble those known to be untrustworthy. These behavioral findings were mirrored at the neural level, revealing that the amygdala and caudate selectively encode the transfer of social value during moral learning. The results demonstrate a mechanism that draws on prior learning to reduce the uncertainty associated with strangers, ultimately facilitating potentially adaptive decisions to trust, or withhold trust from, unfamiliar others.
Triangular cyclic rotaxanes: Size, fluctuations, and switching properties
Authors: Reddy Prithvi , Sevick Edith M. , Williams David R. M.
Published: January 2018

Significance

Among the most important advances in chemistry in the last 60 y is the synthesis of molecules featuring a mechanical bond, i.e., the mechanical interlocking of components. As demonstrated in linear rotaxane switches, the relative positions and orientations among interlocked components can be altered to produce molecular-scale changes in size and shape. Here, we describe the conformations of a simple molecule made cyclic with mechanical bonding. Although the molecule, a cyclic [3]rotaxane, forms a cycle that is always a triangle and hence planar, we show that with only three mechanical degrees of freedom, characteristics such as interior cycle area, perimeter, and inscribed radius fluctuate significantly. Our model, based on statistical mechanics, suggests that the cyclic rotaxane can be used as the host in an inclusion compound, with the potential to switch sizes of the interior cycle or “pore.”
TRPV1 channels and the progesterone receptor Sig-1R interact to regulate pain
Authors: Ortíz-Rentería Miguel , Juárez-Contreras Rebeca , González-Ramírez Ricardo , Islas León D. , Sierra-Ramírez Félix , Llorente Itzel , Simon Sidney A. , Hiriart Marcia , Rosenbaum Tamara , Morales-Lázaro Sara L.
Published: January 2018

Significance

The TRPV1 ion channel has been widely associated with the generation of painful responses. The responses of cells expressing this ion channel and, presumably, the overall pain response of an organism may be regulated by controlling the amount of TRPV1 channels in the plasma membrane. TRPV1 levels can be regulated by its interaction with intracellular proteins, but there are no studies describing TRPV1 or any other mammalian TRP channel’s association with chaperones or how these interactions may affect the perception of pain. Here, we show that TRPV1-dependent pain is decreased through Sig-1R antagonism by progesterone and determine the presence of a physical interaction between these two proteins that may reduce pain under physiological conditions such as pregnancy.
Alarm calls evoke a visual search image of a predator in birds
Authors: Suzuki Toshitaka N.
Published: January 2018

Significance

In human speech, words often cause listeners to retrieve visual mental images of target objects. In nonhuman animal communication systems, many key, language-like features have been demonstrated, but there is still no evidence that animal signals evoke mental images of objects in receivers. Japanese tits produce specific alarm calls when encountering a predatory snake. Here, I show that simply hearing these calls causes tits to become more visually perceptive to objects resembling snakes (moving sticks). This result indicates that before having detected a real snake, tits retrieve its visual image from snake-specific alarm calls and uses this to search out snakes. This study provides evidence for a call-evoked visual search image in a nonhuman animal.
Lysosomal enzyme tripeptidyl peptidase 1 destabilizes fibrillar Aβ by multiple endoproteolytic cleavages within the β-sheet domain
Authors: Solé-Domènech Santiago , Rojas Ana V. , Maisuradze Gia G. , Scheraga Harold A. , Lobel Peter , Maxfield Frederick R.
Published: January 2018

Significance

Alzheimer’s disease is the leading cause of dementia. Accumulation of amyloid-beta (Aβ) plaques, which include β-sheet fibrils of Aβ, is a hallmark of the disease. Aβ aggregates can be endocytosed by microglia and delivered to lysosomes, but degradation of fibrillar Aβ in microglial lysosomes is slow. Identification of novel enzymes that proteolyze fibrillar Aβ will lead to improved understanding of fibrillar Aβ degradation, which may lead to new therapeutic approaches. In this study, we demonstrate that tripeptidyl peptidase 1 (TPP1), a lysosomal serine protease, is able to proteolyze fibrillar Aβ efficiently, which is a novel role for TPP1 in the degradation of fibrillar Aβ that might lead to new approaches to enhance Aβ degradation.
Different situations, similar outcomes
Authors: Putnam Michael T. , Kupisch Tanja , Pascual y Cabo Diego
Published: January 2018

The rise of scientific inquiry focusing on bilingualism over the past few decades has also borne witness to an increase in the study of individuals and communities who speak a native language that is not the sociolinguistically dominant language of the environment in which they grew up. While it is common practice to refer to these diverse groups and individuals as “heritage speakers”, it is unclear whether it is appropriate to classify all of them under the same terminology. In this chapter, we take a closer look at three different groups: (i) children, (ii) young adults, and (iii) elderly, moribund bilinguals who have all been referred to as heritage speakers in the literature. After exploring aspects of phonological, (morpho)syntactic, and semantic/pragmatic developments, we show that a great deal of symmetry exists between them, thus justifying the cohesive, overarching label of “heritage speakers” to all three sub-groups. Finally, we outline what this broader definition of heritage speakers means for long-standing debates in the literature, such as those that concern the acquisition, development, and maintenance of the heritage grammar across the lifespan.
Words on the brain
Authors: Bobb Susan C. , Kroll Judith F.
Published: January 2018

In this chapter, we view the recent evidence on the bilingual lexicon that points to a dynamic view of lexical processes. In contrast to earlier assumptions that words in the bilingual’s two languages were represented and processed independently, the findings of studies with both adults and children demonstrate that words in both languages are activated in parallel. Critically, the co-activation of the two languages does not depend on their structural similarity but on the very presence of the two languages themselves. The consequences of cross-language activation can be seen in language processing, not only from the first language (L1) to the second (L2) but also from the L2 to the L1. They can also be seen in the recruitment of cognitive resources in response to the demands of language processing and in the way that words come to influence language processes at the level of the grammar. From this perspective, the lexicon is far more than a collection of words but a lens into the dynamics of bilingualism.
Bilingualism and children with developmental language and communication disorders
Authors: Paradis Johanne , Govindarajan Krithika
Published: January 2018

Research on bilingualism in children with developmental language and communication disorders has focused primarily on children with specific language impairment (SLI), but some recent research has emerged on children with Autism Spectrum Disorder (ASD). In this chapter we review research on bilingual development in children with SLI and ASD organized around the following topics: (1) The capacity for successful bilingualism in children with developmental disorders; (2) The linguistic profiles of bilinguals with SLI across different languages and linguistic subdomains; (3) Crosslinguistic influence in bilingual development with SLI; (4) Development of a minority/heritage language in children with developmental disorders, and (6) Challenges and strategies in assessment and intervention practices with bilingual children.
Modelling of anisotropic elastic properties in alloy 718 built by electron beam melting
Authors: Kumara Chamara , Deng Dunyong , Moverare Johan , Nylén Per
Published: January 2018

Owing to the inherent nature of the process, typically material produced via electron beam melting (EBM) has a columnar microstructure. As a result of that, the material will have anisotropic mechanical properties. In this work, anisotropic elastic properties of EBM built Alloy 718 samples at room temperature were investigated by using experiments and modelling work. Electron backscatter diffraction data from the sample microstructure was used to predict the Young's modulus. The results showed that the model developed in the finite element software OOF2 was able to capture the anisotropy in the Young's modulus. The samples showed transversely isotropic elastic properties having lowest Young's modulus along build direction. In addition to that, complete transversely isotropic stiffness tensor of the sample was also calculated.

This paper is part of a thematic issue on Nuclear Materials.
JABAWS 2.2 distributed web services for Bioinformatics: protein disorder, conservation and RNA secondary structure
Authors: Troshin Peter V , Procter James B , Sherstnev Alexander , Barton Daniel L , Madeira Fábio , Barton Geoffrey J
Published: January 2018

JABAWS 2.2 is a computational framework that simplifies the deployment of web services for Bioinformatics. In addition to the five multiple sequence alignment (MSA) algorithms in JABAWS 1.0, JABAWS 2.2 includes three additional MSA programs (Clustal Omega, MSAprobs, GLprobs), four protein disorder prediction methods (DisEMBL, IUPred, Ronn, GlobPlot), 18 measures of protein conservation as implemented in AACon, and RNA secondary structure prediction by the RNAalifold program. JABAWS 2.2 can be deployed on a variety of in-house or hosted systems. JABAWS 2.2 web services may be accessed from the Jalview multiple sequence analysis workbench (Version 2.8 and later), as well as directly via the JABAWS command line interface (CLI) client. JABAWS 2.2 can be deployed on a local virtual server as a Virtual Appliance (VA) or simply as a Web Application Archive (WAR) for private use. Improvements in JABAWS 2.2 also include simplified installation and a range of utility tools for usage statistics collection, and web services querying and monitoring. The JABAWS CLI client has been updated to support all the new services and allow integration of JABAWS 2.2 services into conventional scripts. A public JABAWS 2 server has been in production since December 2011 and served over 800 000 analyses for users worldwide.

Availability and implementation

JABAWS 2.2 is made freely available under the Apache 2 license and can be obtained from: http://www.compbio.dundee.ac.uk/jabaws.
Converging and diverging needs between patients and providers who are collecting and using patient-generated health data: an integrative review
Authors: Reading Meghan J , Merrill Jacqueline A
Published: January 2018

Objective

This integrative review identifies convergent and divergent areas of need for collecting and using patient-generated health data (PGHD) identified by patients and providers (i.e., physicians, nurses, advanced practice nurses, physician assistants, and dietitians).

Methods

A systematic search of 9 scholarly databases targeted peer-reviewed studies published after 2010 that reported patients’ and/or providers’ needs for incorporating PGHD in clinical care. The studies were assessed for quality and bias with the Mixed-Methods Appraisal Tool. The results section of each article was coded to themes inductively developed to categorize patient and provider needs. Distinct claims were extracted and areas of convergence and divergence identified.

Results

Eleven studies met inclusion criteria. All had moderate to low risk of bias. Three themes (clinical, logistic, and technological needs), and 13 subthemes emerged. Forty-eight claims were extracted. Four were divergent and twenty were convergent. The remainder was discussed by only patients or only providers.

Conclusion

As momentum gains for integrating PGHD into clinical care, this analysis of primary source data is critical to understanding the requirements of the 2 groups directly involved in collection and use of PGHD.
Saving the Oceans Through Law
Authors: Harrison James
Published: January 2018

The oceans provide many vital ecosystem services for humankind, but the health of the world’s seas is in serious decline. The protection of the marine environment has emerged as one of the most pressing challenges for the international community. An effective solution depends upon the cooperation of all states towards achieving agreed objectives. International law plays a vital role in this process. This book provides a critical assessment of the international legal instruments that have been negotiated for the protection of the marine environment and identifies key trends in global ocean governance. Starting with a detailed analysis of the United Nations Convention on the Law of the Sea, the book explains and evaluates the main global and regional treaties and related instruments that seek to prevent, reduce, and control damage to the marine environment caused by navigation, seabed exploitation, fishing, dumping, geo-engineering, and land-based activities, as well as emerging pressures such as ocean noise, ocean acidification, and climate change. The book demonstrates how international institutions have expanded their mandates to address a broader range of marine environmental issues and to promote an ecosystems approach to regulation. It also discusses the development of diverse regulatory tools to address anthropogenic impacts on the marine environment and the extent to which States have adopted a precautionary approach in different maritime sectors. Whilst many advances have been made, the book highlights the need for greater coordination between international institutions, as well as the desirability of developing stronger enforcement mechanisms for international environmental rules.
The United Nations Convention on the Law of the Sea and the Protection and Preservation of the Marine Environment
Authors: Harrison James
Published: January 2018

Chapter 2 examines the way in which marine environmental protection is addressed in the United Nations Convention on the Law of the Sea (UNCLOS). UNCLOS sets out the jurisdictional framework for the law of the sea and prescribes general principles and rules relating to pollution of the marine environment and the sustainable use of marine living resources. The chapter considers the drafting history of UNCLOS. It explores the range of substantive and procedural rules on the protection of the marine environment, as well as how those provisions have been interpreted in recent judicial or arbitral proceedings. The chapter argues that UNCLOS provides a basic layer of protection for the marine environment but it also foresees the subsequent development of environmental rules and standards that are more detailed. Thus, UNCLOS should be understood as an umbrella convention that must read in light of other treaties and related instruments.
Marine Environmental Threats from Shipping
Authors: Harrison James
Published: January 2018

The prevention of pollution from ships as a topic is largely addressed at the global level through the International Maritime Organization (IMO). Chapter 6 analyses the main treaties in this field, including the International Convention on the Prevention of Pollution from Ships (MARPOL Convention), the International Convention on the Safety of Life at Sea (SOLAS Convention), the International Convention on Ballast Water Management, and the International Convention on Anti-Fouling Substances. The analysis addresses both the types of rules employed in the IMO treaties and the processes through which the rules are amended and updated over time. The standards prescribed by these treaties are not only relevant to their Parties but also have a wider influence through the operation of rules of reference contained in United Nations Convention on the Law of the Sea (UNCLOS). The chapter also takes into account the emergence of broader concerns relating to the impact of shipping on marine biodiversity, such as noise pollution and ship strikes and the challenges in the implementation and enforcement of international shipping standards.
Fishing and the Conservation of Marine Living Resources
Authors: Harrison James
Published: January 2018

Chapter 7 reviews the legal framework for the regulation of fishing in the United Nations Convention on the Law of the Sea (UNCLOS) and explains how States have developed additional rules and standards for the conservation of marine living resources at global and regional levels. In particular, the analysis considers the extent to which States have implemented a precautionary and ecosystems approach to fisheries, as well as how they have sought to adopt law-making techniques that overcome the challenges of regulating the open-access resources of the high seas. The chapter covers major developments in the international law of fisheries, including the Code of Conduct on Responsible Fisheries, the Fish Stocks Agreement, the Port State Measures Agreement, and the International Guidelines on Deep-Sea Fisheries. The role of Regional Fisheries Management Organizations (RFMOs) in implementing these instruments is considered a key feature of the law-making process. The chapter also addresses the specific regimes that apply to anadromous species, catadromous species, and marine mammals.
Foreign Investment
Authors: Bonnitcha Jonathan , Skovgaard Poulsen Lauge N , Waibel Michael
Published: January 2018

This chapter examines two foundational questions relating to foreign investment: why firms engage in foreign investment, and how inward foreign investment affects host states. It then examines the scope of the investment treaty regime’s coverage of different types of ‘investors’ and ‘investments’. The chapter makes a simple yet often overlooked point: whereas different types of foreign investment have different drivers and effects, investment treaties cover practically all forms of investment and all types of foreign investors. This has important implications when considering the effects of the investment treaty regime.
The Microeconomics of Investment Treaties
Authors: Bonnitcha Jonathan , Skovgaard Poulsen Lauge N , Waibel Michael
Published: January 2018

This chapter surveys the impact of investment treaties on decision-making at the firm and government levels. The focus is on whether investment treaties’ influence on the decisions of firms and states leads to improvements in efficiency. The first section examines the ‘hold-up’ problem, which provides the most influential and coherent microeconomic justification for the inclusion of investment protection provisions in investment treaties. The second section explores the problem of ‘fiscal illusion’ in host state decision-making, which could result in ‘over-regulation’ of foreign investment in the absence of an investment treaty. The third section considers whether investment treaties solve problems of discrimination against foreign investors, as well as the possibility that investment treaties lead to discrimination in favour of foreign investors.
Politics of Investment Treaties in Developing Countries
Authors: Bonnitcha Jonathan , Skovgaard Poulsen Lauge N , Waibel Michael
Published: January 2018

This chapter addresses the puzzle of why developing countries have so enthusiastically embraced investment treaties. For while investment treaties are formally reciprocal, foreign investment between developed and developing countries has traditionally flowed primarily from the former to the latter. It evaluates three potential explanations for why developing countries adopted the treaties—(i) investment promotion; (ii) promoting or tying in domestic reforms; and (iii) diplomatic and symbolic reasons. We then examine an important cross-cutting issue: the role of expertise. Regardless of the objectives that developing countries sought to achieve by adopting investment treaties, many failed to appreciate the risks and implications of the treaties. The chapter concludes by examining recent developments—including the newfound role of some developing countries as seeking rights for ‘their’ investors abroad.
7 Evolution and Gestalt of the German State
Authors: Armin von Bogdandy , Peter M Huber
Published: January 2018

This chapter considers the formation of statehood, administration, and administrative law in Germany in the context of the European legal space. Comparative law in this context requires attention being paid to elements of identity and difference that must be studied in light of the questions it poses. Thus, this chapter begins by tracking the path of statehood, administration, and administrative law in Germany up to the adoption of the Basic Law (Grundgesetz). This is done in order to present an historical means with which to comprehend the present European legal space. The chapter then presents the development of administrative law under this law, and in closing, discusses understandings of administrative law.
The History of Article 38 of the Statute of the International Court of Justice
Authors: Spiermann Ole
Published: January 2018

This chapter takes a look at Article 38 of the International Court of Justice (ICJ) Statute. This article intends to define so-called sources or origins of international law to be used by the World Court. The text dates back to 1920, before the predecessor of the ICJ, i.e. the PCIJ, took up its activities. The chapter notes that since 1920, Article 38 has featured prominently in the theory on so-called sources of international law, while the provision has been of little relevance in the case law of the International Court of Justice (ICJ) and its predecessor. Based mainly on historical records, the chapter seeks an explanation, which in turn may shed new light on sources theory.
Sources in the Anti-Formalist Tradition
Authors: Baxi Upendra
Published: January 2018

This chapter explores the dialectics of international customary law. It argues that custom is at once a sheet anchor of public international law and its rope of sand as well. The chapter discusses aspects of chapter 9, the Third World Approaches to International Law (TWAIL) contexts of ‘custom’ as the source of international law norms and standards, the jusnaturalist invocation of custom, and the idea of a ‘future’ custom. In addition, the chapter argues that much of the TWAIL thought about resistance and renewal stands to be redirected to the varieties of imperial legal positivisms. It also asks whether the UN Charter principle-and-purposes-centric perspective is a perspective more relevant to our reconceptualization of the role of custom as a source for a future international law.
Sources in the Meta-History of International Law
Authors: Carty Anthony , Baka Anna Irene
Published: January 2018

This chapter criticizes the aversion to metaphysics, which essentially governs the whole history of the sources of international law. Ludwig Wittgenstein’s logical positivism and anti-metaphysics had paved the way to legal positivism, which took a new pathological turn with Hans Kelsen’s and Carl Schmitt’s fixation on ideological purity. Moreover, international legal positivism means acquiescence in coercive international relations. And the history of international law is one of continuing coercion, rooted in the racial shadow of liberalism. The chapter thus offers a critical discussion of the theory of legal obligation in Emer de Vattel, the place of imperialism in the history of international law, and the continuing mainstream discussion of unequal treaties. It then revisits the history of international law through the prism of phenomenology, thereby re-introducing the Aristotelian metaphysics of justice to the theory of international law.
Sources in Legal-Formalist Theories
Authors: Schauer Frederick
Published: January 2018

This chapter claims that the idea of formalism exists in literary and artistic interpretation and designates an approach that takes the text as the exclusive object of interpretation. In legal theory, formalism similarly refers to taking the indications of existing law, whether written or unwritten, as presumptive or conclusive. This holds even against arguments from morality or policy that might produce a better outcome on a particular occasion. The same idea applies to legal sources, including the sources of international law. Thus, formalism about the sources of international law is an approach that takes the existing catalogue of acceptable sources, wherever that catalogue may come from, as presumptively or conclusively exclusive, despite the fact that adding to that list on some occasion might produce a morally or pragmatically superior outcome with respect to that particular controversy or application.
Legal Theory As a Source of International Law
Authors: Scobbie Iain
Published: January 2018

This chapter argues that legal theory provides conceptions of the sources of international law that differ according to time and place. It employs Neil MacCormick’s explanation of institutional order to argue that conceptual understandings of law, including international law, are socially constructed. The chapter starts from John Austin’s denial that international law possesses the quality of law and then considers the function that sovereignty has played in some explanations of international law and its sources. Afterwards, the analysis focuses on the paradigm shift that Hugo Grotius introduced into natural law, and consequently into international law, by substituting consent for theology as its underpinning explanation. The chapter also considers twentieth-century transatlantic variants of natural law and examines three influential British theorists—James Brierly, Gerald Fitzmaurice, and Hersch Lauterpacht. Finally, before drawing some conclusions, the chapter examines the more instrumentalist naturalism of the New Haven School.
Legal Theory as a Source of International Law
Authors: Papaux Alain , Wyler Eric
Published: January 2018

This chapter observes that with treaties, customs, general principles, decisions, doctrines, and soft law, we are dealing first and foremost with signs. The very structure of signs is inference. This reveals the necessity of interpreting all sources of law. Because doctrine’s first task is interpretation, its role in understanding law is essential. Law, therefore, should not be conceived as a science; it is concerned with what is just, not what is true. From that follows the importance of auctoritas and dogmatics: law establishes values to orient practice. Centred on this practice, doctrine, which lies at the foundation of modern international law, reveals itself to be savante rather than scientific or theoretical.
Sources and the Legality and Validity of International Law
Authors: d’Argent Pierre
Published: January 2018

This chapter argues that, from the perspective of a theory about the sources of international law, what matters is not so much to determine whether international law is really law, but, rather, what makes law ‘international’. It first recalls the structural reasons inherent to international law that explain the specificity and the crucial character of the issue of sources—understood as a process of legal identification—in that legal order, as opposed to sources in domestic law. The chapter then contextualizes Article 38 of the International Court of Justice (ICJ) Statute by recalling its specific purpose; that is, determining and delimiting international legality. Finally, the chapter questions whether and to what extent a theory of sources really achieves its objective of determining what unequivocally counts as international law. The chapter thus brings to light the awkward fact that international legality is not necessarily normatively exclusive.
Sources and the Hierarchy of International Law
Authors: Prost Mario
Published: January 2018

This chapter maintains that the doctrine of sources is constructed around a set of shared intuitions and accepted wisdom. One of them is that there exists no hierarchy among sources of international law and that these are, to all intents and purposes, of equal rank and status. The chapter takes a critical look at this ‘non-hierarchy’ thesis, arguing that it is descriptively problematic as it tends to conceal the fact that international legal actors (States, judges, scholars) constantly establish more or less formalized hierarchies of worth and status among law-making processes. These are, admittedly, soft and transient hierarchies that very much depend on contexts, circumstances, the identity of the legal subjects, and the projects they pursue. But these are hierarchies nonetheless inasmuch as that they involve a differentiation of sources ‘in a normative light’.
Sources and the Normativity of International Law
Authors: von Daniels Detlef
Published: January 2018

This chapter finds that questioning the normativity of the sources of international law inevitably leads into the domain of legal philosophy. For showing that legal philosophy itself is a contested field of approaches, a hermeneutic perspective on the question of normativity is developed that stresses historical and contextual forms of understanding. Incidentally, Kelsen’s theory serves as a switchboard to relate a variety of historical debates to the contemporary discourse in the tradition of analytical jurisprudence. In practical terms, the relevance of this approach is discussed regarding three contested topics: the status of general principles, soft law, and practical reasoning. The historical and theoretical awareness thus achieved provides reasons to oppose contemporary attempts to moralize the legal point of view.
Sources and the Subjects of International Law
Authors: McCorquodale Robert
Published: January 2018

This chapter explores the range of participants involved in international law-making, including corporations, non-State armed groups, and non-governmental organizations, in addition to States and international organizations. The approach taken in this chapter is that of global legal pluralism, which recognizes that there can be multiple actors participating in a legal system to create law, and which accepts disparities in powers. In addition, the chapter indicates that the terminology of ‘subjects’ is deeply problematic in international law and should be abandoned.
Sources and the Enforcement of International Law
Authors: Shany Yuval
Published: January 2018

This chapter analyses the sources of law used by international law-enforcing bodies. It discusses the practice of international and domestic bodies and juxtaposes the sources of international law norms on which such bodies rely with the list of international law sources found in Article 38 (1) of ICJ Statute. The chapter offers in this connection two interrelated surveys: a categorization of the main bodies that engage in international law enforcement, and an overview of the process of law enforcement pertaining to two particular sets of norms. These surveys underlie the contention that Article 38 does not necessarily predict well which international law norms are likely to be invoked in practice by law-enforcement bodies. The chapter concludes with a discussion of some of the explanations for the differences between the general list of sources of international law and the sources relied upon by international law-enforcement bodies.
Sources of International Environmental Law
Authors: Redgwell Catherine
Published: January 2018

This chapter considers the applicability to environmental problems of the traditional sources of international law, using as the starting point the formal sources enumerated in Article 38 of the International Court of Justice (ICJ) Statute. It notes that leading treatises on international environmental law (IEL) and the account of the formal sources of IEL will likely start along the traditional positivist lines of Article 38. This chapter adheres to this practice to an extent—by discussing treaties, customary international law, and general principles. However, the discussion also moves on to, amongst other things, innovative methods of law creation, the dynamic evolution of environmental treaty texts, and the specific role played by soft law in the development and application of international environmental norms. The chapter concludes that, nonetheless, as a branch of general international law, the sources of international environmental law are the same.
Sources of International Environmental Law
Authors: Brunnée Jutta
Published: January 2018

This chapter begins by outlining an alternate, ‘interactional’, understanding of the concept of ‘sources of law’, which it takes to refer to processes that are shaped by requirements of legality and through which legal norms are made and remade. This approach does not entail that the law-making methods listed in Article 38 of the International Court of Justice (ICJ) Statute have ceased to matter in international environmental law (IEL)—far from it. The interactional law framework takes seriously what international actors do. The chapter, therefore, explores the law-making processes listed in Article 38 in turn, and then moves on to consider newer processes. The interactional framework and its practice-based understanding of legality illuminate the existence of resilient and relatively stable law-making processes as well as the emergence of new law-making processes.
Sources of International Organizations’ Law
Authors: Klabbers Jan
Published: January 2018

This chapter reflects on the uncertainties regarding the question of why international organizations would be bound by international law. It places these uncertainties in the broader framework of a vague and ill-defined ‘turn to accountability’. As the chapter shows, international organizations are often held to account for wrongdoing without it being clear whether they have also violated an international legal obligation resting upon them. The chapter then discusses in some detail the 1980 WHO–Egypt advisory opinion of the International Court of Justice (ICJ) regarding whether the WHO could close their Alexandria office and move it to Jordan. Afterwards, the chapter reviews several recent attempts to overcome the ‘basis of obligation’ problem in the law of international organizations, such as the putative constitutionalization of international law or international organizations, the adoption of accountability models, and the emergence of Global Administrative Law.
Sources of International Trade Law
Authors: Pauwelyn Joost
Published: January 2018

This chapter argues that the World Trade Organization (WTO) approach to sources of law is legal-positivist, non-teleological, and focused predominantly on the text of WTO covered agreements as explicitly agreed to by WTO members. This approach places heavy reliance on a de facto rule of precedent and an increasing role for non-binding instruments, with little or no reference to academic writings and a limited role for non-WTO rules of international law other than mainly procedural rules of general international law. Moreover, the WTO’s sources doctrine remains relatively traditional or mainstream. It is difficult to speak of a WTO- or trade-specific ‘deviation’ from the general rule of recognition regarding the establishment of sources. At the same time, the WTO experience does have specific features, with a more prominent role for some sources over others and some pushing of the boundaries when it comes to certain less traditional sources of international law.
Sources of International Investment Law
Authors: Schill Stephan W.
Published: January 2018

This chapter discusses the use of sources of international law in the settlement of disputes arising under bilateral, regional, multilateral investment treaties and investment chapters in free trade agreements, focusing specifically on particularities this field of international law displays in comparison to general international law. It first addresses the importance of bilateral treaties in international investment law and shows that their bilateral form is not opposed to the emergence of a genuinely multilateral regime that behaves as if it was based on multilateral sources. The chapter then considers the pre-eminent importance arbitral decisions assume in determining and developing the content of rights and obligations in the field. Next, the chapter looks at the increasing influence of comparative law and the influence of soft law instruments. It argues that the specific sources mix in international investment law is chiefly connected to the existence of compulsory dispute settlement through investment treaty arbitration and the sociological composition of those active in the field.
Sources of International Law in Domestic Law
Authors: Wuerth Ingrid B.
Published: January 2018

This chapter takes a new approach to the much-analysed relationship between domestic and international law. It considers how global changes in domestic constitutional structures have changed the sources of international law. It argues that domestic constitutional structures have changed in similar ways in many countries around the world over the past century. Treaties, custom, and ‘soft law’ as sources of international law have each been shaped by these changes, particularly the rise in legislative power for treaties, the rise in legislative and judicial power for custom and general principles, and the rise of the administrative state for soft law. This chapter also considers how the content of each source of international law is influenced by domestic constitutional structures. It concludes with some normative perspectives on the relationship between each source of international law and changes in domestic constitutional structures.
McMeel on The Construction of Contracts
Authors: McMeel Gerard
Published: January 2018

This book, on the construction of contracts, explores the legal principles involved in contract formation and interpretation as well as the current trends in commercial contract litigation, providing practical guidance on how courts would interpret contractual terms with reference to recent commercial contract litigation. This third edition gives principle-by-principle coverage of the main elements of contract formation and updates them with reference to recent case law. Recent major construction of contract cases are discussed, including Pink Floyd Music (CA) and the recent UK Supreme Court ruling in the case of Rainy Sky v Kookmin Bank (2011) together with first instance commentary on the role of commercial purpose. The issue of rectification is given expanded coverage in the new edition reflecting the law's state of flux in this area with recent cases such as Daventry (2011), Cherry Tree v Landmain (2012), and Tartsinis v Navona (2015) demonstrating this uncertainty. Recognition of good faith is discussed with reference to Leggatt J in Yam Seng and MSC C Mediterranean Shipping v Cottonex (2015) and Prime Sight v Lavarello (2013) reflects the Privy Council's recent interpretation of the law of contractual estoppel.
Internal Context
Authors: McMeel Gerard
Published: January 2018

This chapter examines the remainder of the instrument, or the ‘internal context’, as well as some of the constituent parts of contracts. The internal context is the first and least-controversial source of assistance for the purpose of construing particular contractual words. The chapter emphasises that it is always permissible to have reference to other provisions within the ‘four corners’ of the document. The remainder of the terms of a document are always relevant in construing a particular word, phrase, or clause. However one should not expect complete consistency and harmony in an instrument, particularly if it is not professionally drafted or if it is a standard form which has been amended over the years. The same word or phrase may have different meaning and effect in different parts of the contract.
External Context
Authors: McMeel Gerard
Published: January 2018

This chapter turns to the ‘external context’. Firstly, the chapter describes the traditional rule that surrounding circumstances are taken into account. Secondly, it traces how that traditional rule evolved into the modern approach of having regard to the wider legal and factual matrix, through the seminal speeches of Lord Wilberforce to Lord Hoffmann's restatement of the governing principles in Investors Compensation Scheme Ltd v West Bromwich Building Society. Thirdly, the scope of the exclusionary rules is examined in the light of the two leading cases of Investors Compensation Scheme Ltd v West Bromwich Building Society and Chartbrook Ltd v Persimmon Homes Ltd. Finally, consideration is given to arguments for further liberalization of the admissibility rules.
New Horizons
Authors: McMeel Gerard
Published: January 2018

This chapter explores the roles of good faith, contractual discretions, and human rights in either the negotiation or performance of contracts. It first revisits the orthodox position is that English law does not recognize any over-arching obligation to act in good faith, before providing some examples of statutory interventions as well as common law principles. The chapter then turns to the problem of contractual discretions and provides some analogies with public law. Finally, the chapter turns to the subject of human rights, wherein it discusses the relevant provisions as stated in the European Convention for the Protection of Human Rights and Fundamental Freedoms (‘the Convention’)—Article 6 and Article 1 of Protocol 1. To conclude, the chapter examines a human rights case in Khan v Khan, in the context of an alleged compromise arising out of a family partnership in the Muslim community.
Formation and Certainty
Authors: McMeel Gerard
Published: January 2018

This chapter surveys some modern approaches to the formation of contracts which illustrate the close similarity in the principles used in some formation cases and construction cases. Given that many formation cases turn upon the meaning and effect of language of correspondence, other documentary exchanges, so-called ‘letters of comfort’, and ‘letters of intent’, it is unsurprising that the techniques are closely related. In construing documentary exchanges to ascertain whether negotiations have crystallized into a binding contract, the principles of objectivity and contextualism are in evidence. The approach to background is wider as there is no restriction on the evidence which the court may consider. Whilst axiomatically the exercise in interpretation is one of ascertaining the content of contractual obligations, a similar technique is deployed where the question relates to the formation of a contract.
Proof of Terms and Incorporation of Terms
Authors: McMeel Gerard
Published: January 2018

This chapter considers the issue of ‘proof of terms’. It first describes the modern approach to proof of terms is described, and introduces the impact of ‘entire agreement’ clauses. Traditionally most cases concerned with the construction of private law instruments involved deeds or other documents signed by one or more parties. To this day a signature on a contract or form is the most effective way for a party to ensure that its terms form the basis for the relationship. However, it is clear that a signature on a document is not the sole or even principal means by which it can become the basis of the contract. The straightforward question to be addressed is if the parties intended to embody their agreement in a document, or to reduce it to writing in the form of a document.
Construction and Mistake as a Vitiating Factor
Authors: McMeel Gerard
Published: January 2018

This chapter discusses mistake as a vitiating factor where there is an otherwise apparently binding contract between two parties. Historically there has been a very close relationship between contractual interpretation and the various doctrines which respond to mistakes in the bargaining process or in the resulting contract. It is clear that there is an intimate connection between the two. Indeed construction was the matrix from which most modern mistake theory sprang. By the middle of the twentieth century mistake appeared to have hardened into a distinct doctrine or perhaps even doctrines, but at the end of the twentieth century construction techniques resumed their earlier prominence in cases of contractual error.