bluuebunny/crossref_metadata_2025 huggingface dataset:
Vaginal microbiota differences associated with pelvic organ prolapse risk during late gestation in commercial sows
Authors: Kiefer Zoë E , Koester Lucas R , Studer Jamie M , Chipman Amanda L , Mainquist-Whigham Christine , Keating Aileen F , Schmitz-Esser Stephan , Ross Jason W
Published: September 2021

During the last decade, sow mortality due to pelvic organ prolapse (POP) has increased. To better understand the biology associated with POP, sows were phenotypically assessed and assigned a perineal score (PS) based on presumed POP risk and categorized as PS1 (low), PS2 (moderate), or PS3 (high). The study objective was to identify changes in sow vaginal microbiota that may be associated with POP. The hypothesis is that vaginal microbiota differs between sows with variable risk for POP, and changes in microbiota during late gestation exist between sows with differing risk. Of the 2864 sows scored during gestation week 15, 1.0, 2.7, and 23.4% of PS1, PS2, and PS3 sows, respectively, subsequently experienced POP. Vaginal swabs subjected to 16S rRNA gene sequencing revealed differences in community composition (Bray–Curtis; P < 0.05) and individual operational taxonomic unit (OTU) comparisons between vaginal microbiota of PS1 and PS3 sows at gestation week 15. Further, differences (P < 0.05) in community composition and OTUs (Q < 0.05) were observed in PS3 sows that either did or did not subsequently experience POP. Differences in community structure (alpha diversity measurements; P < 0.05), composition (P < 0.05), and OTUs (Q < 0.05) were observed in gestation week 12 sows scored PS1 compared to week 15 sows scored PS1 or PS3, suggesting that sow vaginal microbiota shifts during late gestation differently as POP risk changes. Collectively, these data demonstrate that sows with greater POP risk have unique vaginal microflora, for which a better understanding could aid in the development of mitigation strategies.
Doubly robust nonparametric instrumental variable estimators for survival outcomes
Authors: Lee Youjin , Kennedy Edward H , Mitra Nandita
Published: September 2021

Instrumental variable (IV) methods allow us the opportunity to address unmeasured confounding in causal inference. However, most IV methods are only applicable to discrete or continuous outcomes with very few IV methods for censored survival outcomes. In this article, we propose nonparametric estimators for the local average treatment effect on survival probabilities under both covariate-dependent and outcome-dependent censoring. We provide an efficient influence function-based estimator and a simple estimation procedure when the IV is either binary or continuous. The proposed estimators possess double-robustness properties and can easily incorporate nonparametric estimation using machine learning tools. In simulation studies, we demonstrate the flexibility and double robustness of our proposed estimators under various plausible scenarios. We apply our method to the Prostate, Lung, Colorectal, and Ovarian Cancer Screening Trial for estimating the causal effect of screening on survival probabilities and investigate the causal contrasts between the two interventions under different censoring assumptions.
Rate of stoma formation following damage-control surgery for severe intra-abdominal sepsis: a single-centre consecutive case series
Authors: Faes Seraina , Hübner Martin , Girardin Timothée , Demartines Nicolas , Hahnloser Dieter
Published: September 2021

Background

Severe intra-abdominal sepsis (IAS) is associated with high mortality and stoma rates. A two-stage approach with initial damage-control surgery (DCS) and subsequent reconstruction might decrease stoma and mortality rates but requires standardization.

Methods

A standardized two-stage damage-control algorithm for IAS was implemented in April 2016 and applied systematically.

Results

Some 203 consecutive patients (median age 70 years, 62 per cent ASA score greater than 3) had DCS for severe IAS. Median operation time was 82 minutes, 60 per cent performed during night-time. Median intraoperative noradrenaline doses were 20 (i.q.r. 26) µg/min and blood gas analysis (ABG) was abnormal (metabolic acidosis) in 90 per cent of patients. The second-stage operation allowed definitive surgery in 76 per cent of patients, 24 per cent had up to four re-DCSs until definitive surgery. The in-hospital mortality rate was 26 per cent. At hospital discharge, 65 per cent of patients were stoma free. Risk factors for in-hospital death were noradrenaline (odds ratio 4.25 (95 per cent c.i. 1.72 to 12.83)), abnormal ABG (pH: odds ratio 2.72 (1.24 to 6.65); lactate: odds ratio 6.77 (3.20 to 15.78)), male gender (odds ratio 2.40 (1.24 to 4.85)), ASA score greater than 3 (odds ratio 5.75 (2.58 to 14.68)), mesenteric ischaemia (odds ratio 3.27 (1.71 to 6.46)) and type of resection (odds ratio 2.95 (1.24 to 8.21)). Risk factors for stoma at discharge were ASA score greater than 3 (odds ratio 2.76 (95 per cent c.i. 1.38 to 5.73)), type of resection (odds ratio 30.91 (6.29 to 559.3)) and longer operation time (odds ratio 2.441 (1.22 to 5.06)).

Conclusion

Initial DCS followed by secondary reconstruction of bowel continuity for IAS within 48 hours in a tertiary teaching hospital was feasible and safe, following a clear algorithm.
Factors Associated With Parental Acceptance of Minimally Invasive Tissue Sampling to Identify the Causes of Stillbirth and Neonatal Death
Authors: Tikmani Shiyam Sunder , Saleem Sarah , Moore Janet L , Reza Sayyeda , Gowder Guruprasad , Dhaded Sangappa , Yogesh Kumar S , Goudar Shivaprasad S , Kulkarni Vardendra , Kumar Sunil , Aceituno Anna , Parlberg Lindsay , McClure Elizabeth M , Goldenberg Robert L
Published: September 2021

Background

Minimally invasive tissue sampling (MITS) is a noninvasive technique used to determine the cause of deaths. Very little is known about the factors that affect MITS acceptance or refusal. We present findings from a prospective study conducted in Southeast Asia on the reasons for accepting or refusing MITS.

Methods

This substudy was conducted in India and Pakistan to determine the acceptability of MITS in women who had a stillbirth or preterm live birth who later died. A formal questionnaire was used to gather observations during the consent for MITS, such as reasons for acceptance or refusal of MITS, as well as which family members were involved in the decision process.

Results

In Pakistan, the MITS acceptability forms were completed for 470 of 477 women (98.5%) with an eligible stillbirth for this substudy, and 334 of 337 (99.1%) with an eligible preterm neonatal death. In India, MITS acceptability forms were completed in 219 of 305 women (71.8%) with an eligible stillbirth and 260 of 264 (98.4%) with an eligible preterm neonatal death. In India, the most common reasons for MITS refusal for both stillbirths and preterm neonatal deaths were cultural concerns, while in Pakistan, the most common reason for MITS refusal was a potential delay in the funeral. The primary reason for accepting MITS was that the parents wanted to understand the cause of death. At both sites, fathers, mothers, and relatives, often in consultation, choose whether or not to accept MITS to determine the cause of death in stillbirths and preterm neonatal deaths.

Conclusions

MITS was more commonly accepted in India than in Pakistan. Cultural concerns in India and funeral delays in Pakistan were common reasons for refusal. Parents from both sites were curious to know the cause of stillbirths and preterm neonatal deaths. The father, mother, and relatives were key decision makers for consenting to or declining MITS.
High Incidence of Asymptomatic Phase I IgG Seroconversion After an Acute Q Fever Episode: Implications for Chronic Q Fever Diagnosis
Authors: Rodríguez-Fernández Miguel , Espíndola Gómez Reinaldo , Trigo-Rodríguez Marta , Castro Carmen , Martínez Pérez-Crespo Pedro , Herrero Rocío , León Eva M , Bernal Samuel , Corzo Juan E , Merchante Nicolás
Published: September 2021

Background

The aim of this study was to describe the natural history of acute Q fever, including its clinical and serological evolution and progression to chronic Q fever.

Methods

Observational cohort study (January 2011–September 2020) performed at Valme University Hospital (Seville, Spain). Inclusion criteria: (1) patients aged ≥18 years; (2) acute Q fever diagnosis, defined as suggestive symptoms in the presence of phase II immunoglobulin G (IgG) titer >1:256; (3) at least 6 months’ follow-up after the acute Q fever episode. The incidence of seroconversion to a chronic Q fever serological pattern, defined as phase I IgG titers ≥1:1024 6 months after acute Q fever diagnosis, was assessed.

Results

During the study period, 117 patients were included. Thirty-four (29%) patients showed phase I IgG titers ≥1:1024 6 months after acute Q fever diagnosis. All patients with classic serological criteria for chronic Q fever diagnosis remained asymptomatic despite no specific treatment, with a median (quartile 1–quartile 3 [Q1–Q3]) follow-up of 26.5 (14–44) months in this subgroup. No cases of Q fever endocarditis nor other persistent focalized infection forms were observed during the study period.

Conclusions

A significant proportion of acute Q fever patients develop classic serological criteria for chronic Q fever diagnosis in the absence of additional data of chronic Q fever. Consequently, phase I IgG cutoff titers >1:800 should not be used as a criterion to consider such a diagnosis. The incidence of persistent focalized infection forms after acute Q fever is extremely low and does not justify the use of prophylaxis strategies.
The Dynamics of International Law Redux
Authors: Krisch Nico
Published: September 2021

Law is constantly caught between stasis and dynamism, between the production of legal certainty and the adaptation to a changing environment. The tension between both is particularly acute in international law, given the absence of legislative mechanisms on the international level and the high doctrinal thresholds for change through treaties or customary law. Despite this apparent tendency towards stasis, international law is changing frequently and rapidly in many areas, though in ways that are not well understood. This article seeks to begin an inquiry into these ways of change, starting from two vignettes of recent change processes and presenting a number of conjectures about core elements of a conceptualization of change in international law. The resulting picture reflects significant variation across different areas of international law, multiple paths of change outside traditional categories, and states in different—and not always central—roles. Much change observed in contemporary international law travels on paths and is advanced by authorities created by social actors and their practices relatively independently from doctrinal representations. This presents a challenge for doctrinal categories, and it should provoke a broader, empirical reconstruction of the social life of international law today—a far more dynamic but also less orderly life than typically assumed.
Percutaneous closure of left ventricular pseudoaneurysm using simultaneous transseptal and transapical approach: a case report
Authors: Kim Isic , Oakley Luke , Shah Aamir , Makkar Raj R
Published: September 2021

Background 

Left ventricular (LV) pseudoaneurysm (PSA), also referred to as contained LV wall rupture, is a clinically uncommon but potentially life-threatening condition that can occur after myocardial infarction or cardiac surgery. If the anatomic characteristics of LV PSA are not eligible for the transfemoral approach, percutaneous closure of LV PSA can be technically difficult and appropriate approach selection may contribute to procedural success.

Case summary 

An enlarging LV PSA was discovered in a 65-year-old man with Marfan syndrome and three prior cardiothoracic surgeries. Arterial access was not possible due to invagination of the previously placed surgical graft in the descending thoracic aorta. This was managed with a novel approach of simultaneous transseptal LV access and direct puncture of PSA through the chest wall followed by a vascular plug placement.

Discussion 

This case demonstrates that percutaneous LV PSA closure using a hybrid approach of transseptal and direct apical puncture is a feasible and effective alternative for high-risk surgical candidates, although the anatomic characteristics are unsuitable for the transfemoral approach.
Gender Differences in Cooperative Environments? Evidence from The U.S. Congress
Authors: Gagliarducci Stefano , Paserman M Daniele
Published: September 2021

This paper uses data on bill co-sponsorship in the U.S. House of Representatives to estimate gender differences in cooperative behaviour. We find that among Democrats there is no significant gender gap in the number of co-sponsors recruited, but women-sponsored bills tend to have fewer co-sponsors from the opposite party. On the other hand, we find robust evidence that Republican women recruit more co-sponsors and attract more bipartisan support on the bills that they sponsor. We interpret these results as evidence that cooperation is mostly driven by a commonality of interest, rather than gender per se.
Quantifying the resilience of European farms using FADN
Authors: Slijper Thomas , de Mey Yann , Poortvliet P Marijn , Meuwissen Miranda P M
Published: September 2021

Agricultural policymakers call for the operationalisation of farm resilience as a dynamic concept. Therefore, we quantify farm resilience along the dimensions of robustness, adaptation and transformation. Using the rich Farm Accountancy Data Network panel data set, we explore which farm(er) characteristics affect resilience. We employ a control function approach to address the presence of endogeneity in correlated random effects (fractional) probit models. In general, we find that decoupled payments negatively affect robustness, while rural development payments have a positive effect on robustness. Both decoupled and rural development payments have no effect on adaptation and transformation in most European regions.
Tensorial elastodynamics for coupled acoustic/elastic anisotropic media: incorporating bathymetry
Authors: Sethi Harpeet , Shragge Jeffrey , Tsvankin Ilya
Published: September 2021

Correctly implementing the fluid/solid boundary conditions at the seafloor is important for accurate full-wavefield imaging and inversion of marine seismic data. Because bathymetric profiles are rarely flat, the associated undulations influence wave modes interacting with the seafloor and, therefore, the ensuing imaging and inversion results. The conventional method of using single-domain elastic finite-difference (FD) solutions assumes that the fluid/solid contact is welded, which leads to incorrect handling of the boundary conditions and introduces modelling errors. We present a mimetic finite-difference (MFD) approach to solve the equations of anisotropic elastodynamics in a non-orthogonal coordinate system conformal to the bathymetric interface. The vertically deformed coordinate mapping transforms the irregular Cartesian (physical) domain into a regularly sampled generalized computational domain. We partition the medium into the acoustic and elastic subdomains and explicitly satisfy the fluid/solid boundary conditions with a split-node approach involving high-order one-sided MFD operators that achieve uniform spatial accuracy throughout the computational domain. Fully staggered grids (FSGs) are used to solve the velocity–pressure and velocity–stress formulations of the acoustic and anisotropic elastic wave equations, respectively. Numerical examples demonstrate that the proposed MFD+FSG algorithm accurately simulates wavefields even for strongly undulating bathymetric surfaces overlying structurally complex anisotropic media, and produces no spurious numerical artefacts (e.g. staircasing) or unphysical wave modes often caused by improper handling of the strong-contrast bathymetric interface. The wavefields generated by the tensorial MFD scheme closely match those from the more computationally expensive spectral-element method used to validate our implementation. The developed MFD+FSG technique can be effectively employed as the modelling kernel in a variety of coupled acoustic/elastic imaging and inversion applications.
Reconciling lithospheric rheology between laboratory experiments, field observations and different tectonic settings
Authors: Bellas Ashley , Zhong Shijie , Watts Anthony B
Published: September 2021

Recent modelling studies have shown that laboratory-derived rheology is too strong to reproduce observations of flexure at the Hawaiian Islands, while the same rheology appears consistent with outer rise—trench flexure at circum-Pacific subduction zones. Collectively, these results indicate that the rheology of an oceanic plate boundary is stronger than that of its interior, which, if correct, presents a challenge to understanding the formation of trenches and subduction initiation. To understand this dilemma, we first investigate laboratory-derived rheology using fully dynamic viscoelastic loading models and find that it is too strong to reproduce the observationally inferred elastic thickness, Te, at most plate interior settings. The Te can, however, be explained if the yield stress of low-temperature plasticity is significantly reduced, for example, by reducing the activation energy from 320 kJ mol−1, as in Mei et al., to 190 kJ mol−1 as was required by previous studies of the Hawaiian Islands, implying that the lithosphere beneath Hawaii is not anomalous. Second, we test the accuracy of the modelling methods used to constrain the rheology of subducting lithosphere, including the yield stress envelope (YSE) method, and the broken elastic plate model (BEPM). We show the YSE method accurately reproduces the model Te to within ∼10 per cent error with only modest sensitivity to the assumed strain rate and curvature. Finally, we show that the response of a continuous plate is significantly enhanced when a free edge is introduced at or near an edge load, as in the BEPM, and is sensitive to the degree of viscous coupling at the free edge. Since subducting lithosphere is continuous and generally mechanically coupled to a sinking slab, the BEPM may falsely introduce a weakness and hence overestimate Te at a trench because of trade-off. This could explain the results of recent modelling studies that suggest the rheology of subducting oceanic plate is stronger than that of its interior. However, further studies using more advanced thermal and mechanical models will be required in the future in order to quantify this.
The messiness of the menstruator: assessing personas and functionalities of menstrual tracking apps
Authors: Pichon Adrienne , Jackman Kasey B , Winkler Inga T , Bobel Chris , Elhadad Noémie
Published: September 2021

Objective

The aim of this study was to examine trends in the intended users and functionalities advertised by menstrual tracking apps to identify gaps in personas and intended needs fulfilled by these technologies.

Materials and Methods

Two types of materials were collected: a corpus of scientific articles related to the identities and needs of menstruators and a corpus of images and descriptions of menstrual tracking apps collected from the Google and Apple app stores. We conducted a scoping review of the literature to develop themes and then applied these as a framework to analyze the app corpus, looking for alignments and misalignments between the 2 corpora.

Results

A review of the literature showed a wide range of disciplines publishing work relevant to menstruators. We identified 2 broad themes: “who are menstruators?” and “what are the needs of menstruators?” Descriptions of menstrual trackers exhibited misalignments with these themes, with narrow characterizations of menstruators and design for limited needs.

Discussion

We synthesize gaps in the design of menstrual tracking apps and discuss implications for designing around: (1) an irregular menstrual cycle as the norm; (2) the embodied, leaky experience of menstruation; and (3) the varied biologies, identities, and goals of menstruators. An overarching gap suggests a need for a human-centered artificial intelligence approach for model and data provenance, transparency and explanations of uncertainties, and the prioritization of privacy in menstrual trackers.

Conclusion

Comparing and contrasting literature about menstruators and descriptions of menstrual tracking apps provide a valuable guide to assess menstrual technology and their responsiveness to users and their needs.
Really Rewarding Rewards: Strategic Licensing in Long-Term Healthy Food Consumption
Authors: Rishika Rishika , Feurer Sven , Haws Kelly L
Published: September 2021

Licensing is a well-documented form of justifying individual indulgent choices, but less is known about how licensing affects food decision-making patterns over time. Accordingly, we examine whether consumers incorporate licensing strategically and deliberately in their long-term consumption patterns and identify reward programs as a context in which strategic licensing is likely to occur. We propose that members with lower-calorie consumption patterns strategically indulge more on reward purchase occasions and that forethought is required for such an effect to occur. A longitudinal study analyzing 272,677 real food purchases made by 7,828 consumers over a 14-month period provides striking evidence of our key proposition. An exploration of the interpurchase time-related aspect of purchase acceleration suggests that forethought on behalf of consumers is necessary for strategic licensing to occur. A subsequent experimental study (N = 605) comprising five consecutive choice occasions provides additional evidence of forethought by demonstrating that strategic licensing occurs only when expected (but not windfall) reward occasions are involved, and by showing that anticipated negative affect for not indulging is the driving mechanism. We conclude with a discussion of the implications of our results for consumers, managers, and public policymakers.
On weak filters and ultrafilters: Set theory from (and for) knowledge representation
Authors: Koutras Costas D , Moyzes Christos , Nomikos Christos , Tsaprounis Konstantinos , Zikos Yorgos
Published: September 2021

Weak filters were introduced by K. Schlechta in the ’90s with the aim of interpreting defaults via a generalized ‘most’ quantifier in first-order logic. They arguably represent the largest class of structures that qualify as a ‘collection of large subsets’ of a given index set $I$, in the sense that it is difficult to think of a weaker, but still plausible, definition of the concept. The notion of weak ultrafilter naturally emerges and has been used in epistemic logic and other knowledge representation (KR) applications. We provide a comprehensive exposition of weak filters and ultrafilters, comparing them with their classical counterparts that have found very important applications in logic, set theory and topology. Weak (ultra)filters capture the ‘majorities’ of social choice theory (which coincide with the commonsense understanding of a ‘large subset’) and in that respect, they outperform classical (ultra)filters in their role as ‘collections of large subsets’. Yet, they lack some of the elegant properties of classical (ultra)filters that make them an almost perfect match for logical theories. We investigate the extent to which some important classical results carry through in this new setting, and we focus on genuinely weak filters and genuinely weak ultrafilters. For weak ultrafilters, we proceed to provide concrete examples, answer questions of existence and characterize their construction. The class of weak (ultra)filters represents a genuine contribution of KR to set theory that might be of some interest to set theorists too and we initiate this study by providing a glimpse on natural set-theoretic questions.
Membrane dynamics of ATG4B and LC3 in autophagosome formation
Authors: Zhou Yuanyuan , Wang Zhenkun , Huang Yijia , Bai Chujie , Zhang Xianli , Fang Mengdie , Ju Zhenyu , Liu Bo
Published: September 2021

The biogenesis of autophagosomes provides the basis for macroautophagy to capture and degrade intracellular cargoes. Binding of the autophagy-related protein ATG8/LC3 to autophagic membranes is essential to autophagosome formation, which involves the specific and dynamic processing of ATG8/LC3 by cysteine protease ATG4. However, to date, the mechanism whereby ATG4 is recruited to the membranes, the interaction of ATG4 and ATG8/LC3 on the membranes, and its role in the growth of phagophore are not completely understood. Here, we used fluorescence recovery after photobleaching to monitor the turnover of GFP-tagged ATG4B and LC3B in living animal cells. The data show that ATG4B localizes to early autophagic membranes in an LC3B-dependent manner. During autophagy, ATG4B and LC3B undergo rapid cytosol/isolation membrane exchange but not at the cytosol/completed autophagosome. In addition, ATG4B activity controls the efficiency of autophagosome formation by impacting the membrane binding/dissociation of LC3B. These data suggest that ATG4 and LC3 play interdependent roles in the formation of autophagosomes.
Concept, Function, and Sources of International Criminal Law
Authors: Ambos Kai
Published: September 2021

This chapter lays the conceptual groundwork for the following chapters, and is written in a both philosophical and jurisprudential ink. It starts with a critical analysis of international criminal law as both concept, discipline and placeholder for an anti-impunity agenda. Certain types of crimes are separated into core crimes on the one hand and treaty-based/transnational crimes and supranational crimes on the other hand. The chapter then proceeds along the lines of the jurisprudential foundations of crime, criminal law and punishment. The author advocates for an autonomous punitive power of the international community as the basis of an autonomous international criminal law. Criminalization is based on the protection of fundamental legal interests or the prevention of serious harm. Punishment has an expressive, norm-stabilizing purpose and is intertwined with more general goals of International Criminal Justice. International Criminal Law’s sources range from customary international law over international treaty law to general principles. The DNA of the chapter is thus an amalgamation of comparative legal concepts with the peculiarities of a ius puniendi that lies at the hear of enterprise of international criminal law.
Attempt as a Special Form of Individual Criminal Responsibility
Authors: Ambos Kai
Published: September 2021

This chapter first explains why attempt – an incomplete offence lacking the fulfilment of the actus reus of the respective crime – should be punishable at all and whether/how it is punishable under International Criminal Law. This chapter develops the essential elements of attempt liability on the basis of comparative law with a view to most important national legal systems . It analyses in detail the provision in the Rome Statute and proposes a ‘formula of approximation’ with regard to ‘commencement of execution’ stage (that is the moment of punishability) of attempt. It then applies this attempt formular to the international core crimes. Last but not least, abandonment of attempt is also discussed.
The Refugee in International Law
Authors: Goodwin-Gill Guy S , McAdam Jane , Dunlop Emma
Published: September 2021

This chapter provides an overview of the refugee in international law. The refugee in international law occupies a legal space characterized, on the one hand, by the principle of State sovereignty and the related principles of territorial supremacy and self-preservation and, on the other hand, by competing humanitarian principles deriving from general international law and from treaty. Refugee law nevertheless remains an incomplete legal regime of protection, imperfectly covering what ought to be a situation of exception. It goes some way to alleviate the plight of those affected by breaches of human rights standards or by the collapse of an existing social order in the wake of revolution, civil strife, aggression, or disaster; but it is incomplete so far as refugees and asylum seekers may still be denied even temporary protection, safe return to their homes, or compensation. The international legal status of the refugee necessarily imports certain legal consequences, the most important of which is the obligation of States to respect the principle of non-refoulement through time.
The
Concept of Asylum
Authors: Goodwin-Gill Guy S , McAdam Jane , Dunlop Emma
Published: September 2021

This chapter focuses on the concept of asylum. The meaning of the word ‘asylum’ tends to be assumed by those who use it, but its content is rarely explained. The Universal Declaration of Human Rights refers to ‘asylum from persecution’, the UN General Assembly urges the grant of asylum and observance of the principle of asylum, and many States’ constitutions and laws offer the promise of asylum, yet nowhere is this act of States defined. A distinction may be made between the clear, discretionary, sovereign right of States to grant asylum without it being considered a hostile act, which other States are bound to respect; and the individual right to asylum, which thus far has only been explicitly recognized in some regional human rights instruments and national constitutions, but not in any treaty applying universally. While individuals may not be able to claim a right to be granted asylum, States have a duty under international law not to obstruct the individual’s right to seek asylum. This includes the obligation to provide access to an asylum procedure (refugee status determination), which necessarily calls into question the legality of non-arrival and non-admission policies increasingly employed by States as tools of migration control.
International Protection
Authors: Goodwin-Gill Guy S , McAdam Jane , Dunlop Emma
Published: September 2021

This chapter assesses international protection. The lack or denial of protection is a principal feature of refugee character, and it is for international law, in turn, to substitute its own protection for that which the country of origin cannot or will not provide. Non-refoulement is the foundation stone of international protection. The first intergovernmental arrangements on behalf of refugees were contemporaneous with the establishment of various international institutions charged with their implementation. The chapter then looks at the office of the United Nations High Commissioner for Refugees (UNHCR), the United Nations Office for the Coordination of Humanitarian Affairs (OCHA), and other organizations and agencies. It also considers the protection of groups of refugees who face particular vulnerabilities, including women refugees, child refugees, and refugees with disabilities. Each group is protected by one or more particular human rights treaties, which recognize their rights, and members of these groups are often subject to discrimination or otherwise marginalized.
The Principles of Emergency Arbitration
Authors: Sim Cameron
Published: September 2021

This chapter discusses the rationale for emergency arbitration, and the fifteen core principles that are identifiable from the convergence of emergency arbitration rules. The rationale for emergency arbitration is best understood by illustrating the dilemmas which may be faced if the procedure is unavailable and a party requires urgent relief prior to the constitution of the arbitral tribunal. In the absence of emergency arbitration, a party required to resolve a dispute by arbitration and that is in need of urgent relief typically has three options to obtain it. The first option is to request the urgent measures from a national court. The second option is to commence arbitration and, subject to the parties' agreement, applicable laws, and arbitration rules, apply for the urgent measures once the tribunal is in place. The third option is to utilise other procedures, if available, to obtain urgent relief.
The Conduct of an Emergency Arbitration
Authors: Sim Cameron
Published: September 2021

This chapter details the conduct of an emergency arbitration following its commencement and the appointment of the emergency arbitrator. Emergency arbitration is a flexible procedure. An emergency arbitrator has a wide discretion to conduct proceedings in the manner deemed appropriate for the circumstances of the case, provided that the parties have a reasonable opportunity to be heard, the decision is rendered within the short timeframe prescribed by the applicable arbitration rules, and the proceedings are conducted in accordance with the parties' agreement and any applicable mandatory laws. If inappropriate procedural decisions are taken, or the emergency arbitrator does not take control over the conduct of proceedings, the procedure has the potential to be derailed. Thus, in exercising the wide procedural discretion, the emergency arbitrator must seek to instil discipline and control over the proceedings from the outset.
The Applicable Standards in Emergency Arbitration
Authors: Sim Cameron
Published: September 2021

This chapter assesses the standards for granting emergency measures. The question of urgency is central to any emergency arbitration. Aside from the need for urgency, the majority of Emergency Arbitration Rules do not specify the standards to be applied in determining whether the application for emergency measures should be granted. While the majority of Emergency Arbitration Rules do not specify the standards applicable to the grant of relief, appropriate standards are identifiable by reference to those rules which do identify standards, emergency arbitration practice to date, and from jurisprudence on interim measures applications before arbitral tribunals, tailored as appropriate to the emergency arbitration context. Among leading Emergency Arbitration Rules, there appear to be similarities in the approach adopted by emergency arbitrators. Aside from the key urgency standards, emergency arbitrators have identified that the claimant must face the risk of irreparable or substantial harm; that the balancing of the parties' interests and proportionality favour preventing that harm; and that the claimant has a prima facie case on the merits.
Enforcement of the Emergency Arbitrator’s Decision
Authors: Sim Cameron
Published: September 2021

This chapter addresses the enforceability of the emergency arbitrator's decision. There is no doubt that the emergency arbitrator's decision is contractually binding on the parties. In consenting to emergency arbitration, the parties have also consented to be bound by the emergency arbitrator's decision. There has been a high incidence of compliance with emergency arbitrator decisions. Nonetheless, the risk of a party's non-compliance with the emergency arbitrator's decision cannot be discounted. Compliance cannot be guaranteed, and it may need to be compelled. If this need arises, the legal enforceability of the emergency arbitrator's decision becomes pivotal. The key issue is whether an emergency arbitration decision constitutes an award within the terms of the New York Convention, albeit whether an emergency arbitrator decision is enforceable is a question for the law of the place of enforcement. Presently, the enforceability of emergency arbitrator decisions is only expressly recognised in the arbitration laws of a handful of jurisdictions.
The Future of Emergency Arbitration
Authors: Sim Cameron
Published: September 2021

This chapter explores the future of emergency arbitration. Emergency arbitration has been a welcome and beneficial addition to international arbitration, and achieved a great deal in a relatively short time. Yet the relative infancy of emergency arbitration is not a justification to delay consideration of needed reforms. The procedure has been tried and tested, and there are some identifiable shortcomings. Amidst the rapid proliferation in Emergency Arbitration Rules, and the striking similarities in the approaches adopted across Emergency Arbitration Rules, there is a risk that certain shortfalls in the procedure have been overlooked. The chapter then considers reforms which may be needed, both to arbitration rules and to arbitration laws, to improve the utility of the procedure. Such reforms have the potential to increase efficiency, reduce the scope for abuse of the procedure, protect and balance parties' due process rights against the demands of urgency, and safeguard the enforceability of emergency arbitrator decisions. Such reforms will also ensure the longevity of emergency arbitration by providing greater certainty and predictability for international arbitration users.
Introduction
Authors: Jordan Cally
Published: September 2021

This introductory chapter provides an overview of international capital markets. International capital markets are not a new phenomenon; in various forms, they have been around for centuries. The global financial crisis, however, shone a strong light on the workings of international capital markets. They had, unmistakably, been purveyors of systemic risk and seemingly attracted little by way of oversight or regulation. The chapter then assesses how international capital markets have been regulated and what lies on the regulatory horizon. It addresses securities regulation; capital market regulation; information disclosure; and self-regulation. There is no doubt that in a dozen years from now, the regulatory and institutional landscape of international capital markets will have been transformed. Adjustments to the shock of financial crisis have been working their way through systems around the world. Demographics and geopolitical forces are shifting, changing with them investment patterns, institutional models, and long-held assumptions about market behaviour. Information technology has also profoundly impacted information-based regulatory systems, outpacing regulatory responses.
China and Hong Kong—Competition and Symbiosis
Authors: Jordan Cally
Published: September 2021

This chapter assesses Chinese capital markets. The starting point of modern Chinese capital markets can be identified as 1978, but momentum only gradually developed in the 1990s with the reintroduction of stock exchanges and the adoption of, first, companies legislation and then a securities act. As capital markets institutions and practices appeared in China, regulatory frameworks, imported primarily from the United States, the United Kingdom, and Hong Kong, arose around them. One of the secret ingredients to the dynamism of Chinese capital markets has been Hong Kong. Rather than an all-out competitive model, symbiosis marks the relationship between the mainland Chinese exchanges and HKEx. Indeed, there are continued endeavours to encourage integration between the Shenzhen Stock Exchange (SZSE), the Shanghai Stock Exchange (SSE), and HKEx.
Intermediaries—From Handmaiden to New Market
Authors: Jordan Cally
Published: September 2021

This chapter studies the roles of intermediaries. As exchanges developed in Western Europe and the colonies, they spun out a widening web of intermediaries participating in the process of trading financial products. In the lead up to the global financial crisis, the roles assumed by intermediaries, and their sources of revenue, had mutated over time. Intermediaries became issuers and capital raisers in their own right. Originally handmaidens to the exchanges, intermediaries created a new, free floating, trading world. In this new trading world, the potential conflicts of interest inherent in agency relationships have been exacerbated by the multiple roles intermediaries have assumed. Further intensifying the stresses on market relationships have been the rapid changes in trading practices now permitted by technology and the internationalization of the capital markets. Lastly, over ten years after the global financial crisis, regulatory responses continue to play out, as markets and intermediaries jockey and adjust to the new rules.
Conclusion
Authors: Jordan Cally
Published: September 2021

This concluding chapter discusses how capital markets are changing, dramatically so. The massive innovation in investment products over the last 30 years is giving way to shifting trading patterns, changing investor profiles, and new forms of capitalism and finance. The dynamics of international markets have changed, even since the Asian financial crisis, when ‘contagion’ entered the financial lexicon. Now, information, investments, and capital can be transmitted instantaneously; so can risk. Indeed, the new markets defy the old rules. Technology pervades everything, giving rise to a new catchphrase, ‘fintech’. As financial markets have become inexorably interconnected, at the same time they appear increasingly disconnected from the real world, the real economy. The chapter then looks at the topography of the new regulatory landscape. The big economies, and their regulatory approaches, will continue to impact strongly international markets. But there are more and more big economies with resurgent capital markets, so the international dynamics will change.
Origin and History
Authors: Sand Peter H.
Published: September 2021

This chapter traces the origin and history of international environmental law. The focus of historical research on the emergence of environment-related legal concepts, principles, and institutions has primarily been on the study and comparison of developments at the level of national law. Even so, the interface with international law is easily documented; the emergence of a body of rules of environmental ‘neighbourliness’ has long been observed in trans-frontier relations between states. Most narratives of the historical evolution of international environmental law distinguish three major ‘periods’, ‘epochs’, or ‘phases’: the ‘traditional era’ until about 1970 (that is, preceding the 1972 United Nations Conference on the Human Environment in Stockholm); the ‘modern era’ from Stockholm to the 1992 UN Conference on Environment and Development in Rio de Janeiro (UNCED); and the ‘post-modern era’ from Rio onwards. Ultimately, a striking feature of traditional international environmental law was its territoriality. One much-neglected aspect in this context has been the extraterritorial application of multilateral environmental agreements.
Multilevel and Polycentric Governance
Authors: Dunoff Jeffrey L.
Published: September 2021

This chapter discusses leading conceptual approaches to international environmental governance. These approaches draw on arguments found in diverse literatures, including writings on fiscal federalism, the new institutionalism, international relations, and international law. The chapter first reviews a prominent set of arguments in favour of decentralized environmental governance, and a competing set of claims in favour of greater centralization of governance authority. These approaches, in general, seek to produce the appropriate ‘match’ between the level or scope of governance and the level or scope of the relevant environmental issue. The chapter then considers ‘multilevel governance’ (MLG), an approach that does not view the allocation of authority among levels as mutually exclusive but rather explores how authority can be simultaneously exercised by multiple agents. It also looks at approaches that emphasize the horizontal sharing of governance authority. Finally, the chapter presents strategies for advancing understanding of international environmental governance.
Scholarship
Authors: French Duncan , Collins Lynda
Published: September 2021

This chapter investigates the role of international environmental law scholarship in shaping the sub-discipline, explores its limitations, and reflects on the relationship between scholarship and praxis. It begins by defining the context, content, and key players in international environmental law scholarship. The chapter then looks at major challenges in the area, including fragmentation, reactivity, under-represented voices and issues, and inter-disciplinarity. Finally, it elaborates the important dialectic between theory and practice in international environmental law, touching in particular on the role of international environmental law scholars in litigation, advocacy, and consultancy. The general theme of the chapter is that international environmental law scholarship is a rich, maturing, and increasingly diverse body of work, and yet it lacks coherency in some important respects.
Legal Imagination and Teaching
Authors: Fisher Elizabeth
Published: September 2021

This chapter argues that while dispelling wishful thinking is important in teaching and writing about international environmental law, it is equally important to foster legal imagination. It begins by considering three challenges in teaching international environmental law. These challenges include the lack of intellectual baselines among students, scholars, and teachers; the legal complexity of the subject; and the ‘hope’ that is often placed in international environmental law. Responding to the third of these challenges means that much of the focus in teaching in the field of international environmental law has been to dissuade wishful thinking. The chapter then shows how the focus on wishful thinking has overlooked the importance of legal imagination in international environmental law. It considers how an important aspect of fostering legal imagination is to ground it in legal reality.
Feminist Approaches
Authors: Maguire Rowena
Published: September 2021

This chapter provides a brief overview of ecofeminist theory. It charts its rise due to the perception of women having a closer relationship with nature, the retreat of ecofeminism when essentialist notions of women's connections to nature were challenged, followed by the subsequent re-framing of ecofeminism, in light of material and power relationships. More recently, scholars have defended ecofeminism, arguing that it provides a lens to examine the exploitation of nature and women, through analyses of power, social constructs, and inter-species relationships. The chapter then examines the contribution of women in shaping international environmental law (IEL) in pre- and post-UNCED (United Nations Conference on Environment and Development) periods. It also explores recent efforts to embed gender within IEL processes, through the adoption of Gender Action Plans in the 1994 UNCCD (UN Convention to Combat Desertification), the 1992 UNCBD (Convention on Biological Diversity), and UNFCCC (UN Framework Convention on Climate Change). While IEL is generally gender-blind, it is transitioning through a period of gender mainstreaming and the future of IEL is likely to be increasingly gender-literate.
Sustainable Development
Authors: Viñuales Jorge E.
Published: September 2021

This chapter focuses on sustainable development, which is the main concept underpinning the policy response to the environmental crisis the world faces. It examines the concept of sustainable development specifically from the perspective of international law. The chapter investigates three main aspects: (1) the conceptual history of sustainable development; (2) the legal meaning attached to this concept; and, on the basis of these two aspects, also (3) the nature, functions, and practical operation of sustainable development in international legal practice. One major challenge that must be overcome when writing about sustainable development is the conceptual fog coating a large part of the work in this area. This is partly due to the deliberate vagueness of the concept, which lends itself to far too many (mis-)interpretations. To navigate this difficulty, one must strike a balance among three competing considerations, namely the conceptual aspects of sustainable development, the actual practice in the use of this concept, and its inherent ethical dimension.