bluuebunny/crossref_metadata_2025 huggingface dataset:
XPS characterization of a synthetic Ti‐containing MFI zeolite framework: the titanosilicalites, TS‐1
Authors: Langerame Fausto , Salvi Anna Maria , Silletti Marcello , Moretti Giuliano
Published: February 2008

Following a previous investigation on micro‐ and mesoporous titanosilicates, we have here deepened the XPS and X‐ray‐excited Auger electron spectroscopy (XAES) studies on the surface properties of microporous titanosilicalites‐1 (TS‐1) and reference silicalites‐1 (S‐1), both characterized by the MFI framework type. The aim was that of complementing the information already obtained on these compounds with other techniques such as X‐ray diffraction (XRD), Fourier transform infrared spectroscopy (FTIR), dielectric relaxation spectroscopy (DRS), electron spin resonance (ESR), and quantomechanical calculations. Notwithstanding the expected low photoelectron intensity due to the very low solubility of Ti (IV) ions in the MFI framework, an accurate XPS curve‐fitting procedure and the simultaneous use of the XPS and Auger signals (Wagner plot) have made possible, both qualitatively and quantitatively, the distinction of two Ti (IV) sites: the framework tetrahedral species—Ti (IV) substituting Si (IV)—and the Ti(IV) tetrahedral species grafted to surface hydroxyl groups. Both species are prone to convert into octahedrally coordinated Ti (IV) species as a consequence of interaction with water and other ligands. Copyright © 2008 John Wiley & Sons, Ltd.
Carbide formation upon heat treatment of molybdenum layers deposited on carbon substrates: comparison of experimental data with a cellular automaton model
Authors: Kiniger M. , Eisenmenger‐Sittner C. , Hell J. , Schwarz B. , Hutter H. , Puchner S.
Published: February 2008

Manipulation of the adhesion of copper on carbon is crucial for the production of copper‐carbon composites as potential high‐performance heat sinks in electronic devices. A thin 100‐nm sputter‐deposited molybdenum (Mo) interlayer between copper and carbon increases adhesion significantly after thermal treatment. Mo layers of 100 nm have been sputter‐deposited on a plane of carbon substrate. SIMS measurements have been performed after rapid heating and subsequent thermal annealing of the samples at the temperatures 400, 500 and 600 °C for 1 min. While the carbon signal measured with SIMS in the Mo interlayer for the sample annealed at 400 °C is very low, a higher‐carbon signal at the interface has been detected after annealing at 500 °C. Annealing the sample at 600 °C yields a high‐carbon signal throughout the whole Mo interlayer resulting from the formation of Mo2C. A cellular automaton model for parallel carbon‐Mo layers has been designed in order to simulate the influence of the grain boundaries for the reaction and diffusion process. Comparing the results of the simulation and the experiment, the previously drawn assumption that grain boundary diffusion plays a crucial role for the growth kinetics of Mo2C at the Mo‐C interface could be corroborated. Copyright © 2008 John Wiley & Sons, Ltd.
Calculation of layer thickness on rough surfaces by polyhedral model
Authors: Mohai M.
Published: February 2008

The XPS intensity data are sensitive to the surface topography of the sample; implicitly or explicitly, a geometric model is always involved.

Samples with rough surfaces, covered by thin overlayers, commonly occur in practice. The rough surfaces can be modelled with a set of small polyhedra. If the surface can be inspected visually, the area ratio of the planes of the polyhedra at different angles can be estimated or, in case of regular structure, can be calculated exactly. The intensity originating from the various planes of the sample is weighted by this ratio, taking into account the projected areas corresponding to different effective thickness values.

In the latest version of the XPS MultiQuant program, the correction factor set can be freely edited and calculations can be conveniently performed on any type of polyhedron‐shaped samples. Copyright © 2008 John Wiley & Sons, Ltd.
Actual constitution of the mixed oxide promoter in a Rh/Ce1−xPrxO2−y/Al2O3 catalyst. Evolution throughout the preparation steps
Authors: Aboussaïd Karima , Bernal Serafín , Blanco Ginesa , Calvino José Juan , Cifredo Gustavo Aurelio , López‐Haro Miguel , Pintado José María , el Begrani Mohamed Soussi , Stéphan Odile , Trasobares Susana
Published: February 2008

The evolution of the ceria‐praseodymia mixed oxide promoter throughout the successive steps involved in the preparation of a 3% Rh/25% Ce0.8Pr0.2O2−x/Al2O3–3.5% SiO2 catalyst is studied with the help of X‐ray diffraction (XRD), spatially resolved electron energy loss spectroscopy (EELS), XPS, and thermal programed desorption (TPD) techniques. Incipient wetness impregnation has been used to obtain the appropriate loading of this promoter. As revealed by XRD, EELS, and XPS data, the alumina‐supported CeO2PrO2−x mixed oxide sample consisted of a bimodal distribution of the particles of the promoter. XRD shows two fluorite‐like phases: cerium‐rich particles with a mean crystallite size greater than 6 nm and smaller praseodymium‐rich crystals, about 3.5 nm size. Surface Ce/Pr ratio obtained by XPS was consistent with a higher dispersion of the praseodymium‐rich oxide particles. The final Rh catalyst was prepared in a second step, by impregnation of the CePrOx/Al2O3 system with an acidic solution of Rh(NO3)3. The low pH of this solution is responsible for further modifications of the lanthanide oxides distribution. Thus, there is a redispersion of the praseodymium‐rich phase, which is evidenced by EELS and XPS data. Likewise, CO2 desorption from samples exposed to the atmosphere is consistent with an enhanced basicity of the sample due to the increase of Pr3+ content at the surface of the catalyst. The observed changes on the nanostructure of the mixed oxide promoter can be attributable to a partial dissolution of the oxide, selectively leaching Pr3+ cations from the lattice, which are finally deposited as small particles after the drying steps of the preparation. Copyright © 2008 John Wiley & Sons, Ltd.
Outcome of fetuses with antenatally diagnosed short femur
Authors: Papageorghiou A. T. , Fratelli N. , Leslie K. , Bhide A. , Thilaganathan B.
Published: February 2008

Objectives

To examine the outcome of fetuses diagnosed with short femur length at the time of the routine anomaly scan.

Methods

This was a retrospective review of all pregnancies referred to a tertiary referral unit with fetal femur length below the 5th centile for gestation at 18–24 weeks of gestation. All patients had undergone pregnancy dating and assessment of the risk of chromosomal abnormalities by measurement of fetal nuchal translucency at 11 to 13 + 6 weeks.

Results

Over 5 years, 129 cases were evaluated. Detailed ultrasound examination showed associated fetal abnormalities in 46 (36%) cases, and these were classified as non‐isolated. In this group, skeletal dysplasias (n = 16), chromosomal abnormalities (n = 10) and genetic syndromes (n = 4) were the most common associations. In contrast, there were no cases of chromosomal abnormalities or skeletal dysplasia in the 83 (64%) isolated cases. Early severe intrauterine growth restriction (IUGR) with abnormal umbilical artery Doppler findings and delivery before 37 weeks occurred in 33/83 (40%) cases with isolated short femur, and 90% of these had abnormal uterine artery Doppler findings at the time of presentation. These pregnancies also had high rates of pre‐eclampsia (36%) and intrauterine death (33%). Those with normal uterine artery Doppler imaging were at low risk for these complications.

Conclusions

In a population previously screened by first‐trimester fetal nuchal translucency measurement, the finding of isolated short femur at 18–24 weeks is unlikely to be due to aneuploidy. Severe IUGR associated with high mortality occurs in 40%, making uterine artery Doppler evaluation a useful clinical tool. Copyright © 2008 ISUOG. Published by John Wiley & Sons, Ltd.
Improved separation of natural oil triglycerides by liquid chromatography using columns packed with 3‐μm particles
Authors: Dong M. W. , Dicesare J. L.
Published: February 2008

Very high‐resolution separations of triglycerides in various natural oils have been demonstrated by liquid chromatography using short columns packed with 3‐μm alkyl bonded‐phase particles. Analysis times range from 8 to 16 min without prior sample clean‐up. The primary detector used was a refractive index detector having low dispersive characteristics. Both the high efficiency of the columns and the selectivity of the 3‐μ packing material contribute to the separation of several critical pairs of triglycerides. A substantial reduction in analysis time was also achieved. An ultraviolet detector operated at 220 nm was used to illustrate an alternative detection approach.
Separation of fatty acid methyl esters on the basis of the number of double bonds using alumina plates
Authors: Lowry R. R. , Tinsley I. J.
Published: February 2008

The separation of fatty acid methyl esters (FAME) on the basis of the number of double bonds present in the molecule was accom‐plished using thin layer chromatography (TLC) on alumina. Hexane was used as the solvent in a continuous development mode using modified tanks. The separations were verified by gas liquid chroma‐tography (GLC) and retention of structural integrity was confirmed by infrared analysis fortrans isomerization and by ozonolysis‐GLC for double bond position.
Comparative evaluation of solvent extraction methods for the determination of neutral and polar lipids in beef
Authors: Sahasrabudhe M. R. , Smallbone B. W.
Published: February 2008

Samples of lean (< 5% fat), medium (13–15%) and high‐fat (> 20%) ground beef were extracted for total lipid by 4 methods of wet extraction employing chloroform/methanol (CM), n‐hexane/iso‐propanol (HIP) and ethyl alcohol/ethyl ether (AE), and by 3 methods of soxhlet extraction of freeze‐dried material by petroleum ether (PE) or eithyl ether (EE), CM and methylene chloride/ methanol (MM). The purified lipid was fractionated into neutral and polar lipid fractions by silicic acid chromatography and the fractions were analyzed for fatty acid distribution by gas liquid chroma‐tography (GLC). The soxhlet procedure employing either PE or EE extracted less than 75% of total lipid, 89% of triglycérides and 15% of polar lipids from lean beef as compared to other methods, and as the fat content increased from 3 to 20%, extracted amounts of polar lipid which increased to 40% of that extracted by other methods. The fatty acid distribution of the fractionated triglycerides and polar lipids was generally within experimental error for each frac‐tion, irrespective of the method of extraction. The percentages of 16:0 and 18:1 were significantly less in polar lipids than in trigly‐cerides. In addition to significantly higher percentage of 18:2, the polar lipids contained up to 20% of long‐chain fatty acids not detected in triglycerides. The soxhlet procedures with CM or MM were as effective as wet extraction procedures in extracting neutral and polar lipids.
Three‐, six‐ and nine‐carbon ozonolysis products from cottonseed oil and crudechlorella lipids
Authors: Burris N.
Published: February 2008

Two naturally occurring lipids were subjected to ozonolysis. Isolated cottonseed oil and crude, mixed lipid extracts of the algaChlorella yielded three‐, six‐, and nine‐carbon compounds. Both mono‐and difunctional acids and aldehydes were quantifiable. Monofunctional C9 compounds occur in higher than expected yields, apparently at the expense of difunctional C3 and C9 compounds. Yields of the compounds of interest varied from ca. 35 to 150%, depending on exact conditions. The possibility of utilizing ozonolysis of natural lipids for the production of reactive organic chemicals helps justify further research in algal lipid production.
Determination of selenium, arsenic, iodine and bromine in fish, plant and mammalian oils by cyclic instrumental neutron activation analysis
Authors: Elson C. M. , Ackman R. G. , Chatt A.
Published: February 2008

The concentrations of arsenic, selenium, iodine and bromine in a series of fish, plant and mammalian oils have been determined by cyclic instrumental neutron activation analysis (CINAA). Crude fish oils contain between 0.047 and 0.151 μg Se g−1, 2.36–14.5 μg As g−1, 2.36–9.63 μg Br g−1 and 0.97–4.76 μgI g−1. Seal oil contains the same four elements, but at levels below the lower end of the fish oil ranges. Iodine, bromine and arsenic were not detected in rape‐seed or soybean oils and the concentration of selenium varied from < 0.010 to 0.042 μg g−1. The levels of selenium, iodine and bromine are reduced markedly by hydrogenation of the menhaden oils. The CINAA method yielded results which were in agreement with pub‐lished values obtained by other methods. The technique was rapid, requiring minimal sample manipulation, and was essentially free from interferences.
Cyclopropenoid fatty acids in seed oils ofurena repanda andthespesia lampas
Authors: Ahmad M. S. , Ahmad M. U. , Rauf A. , Osman S. M. , Ballantine J. A.
Published: February 2008

Seed oils ofUrena repanda andThespesia lampas (Malvaceae) were found to contain malvalic (2.6, 0.6%) and sterculic (1.1, 2.1%) acids, respectively, besides the normal fatty acids. Cooccurrence of these two acids were established by gas Chromatographic analysis of silver nitrate/methanol‐treated methyl esters usingSterculia foetida esters as a reference standard.
Determination of titanium dioxide in soaps by furnace atomic absorption spectrometry
Authors: Lercari C. , Sartorel B. , Sedea L. , Toninelli G.
Published: February 2008

A procedure for the determination of titanium dioxide in soaps by furnace atomic absorption spectrometry is described. The method has the advantage of being rapid and simple. After the soap is dispersed in water, the titanium dioxide content is determined directly without any preliminary treatment with acids and bases to solubilize the titanium dioxide.
High pressure liquid chromatography of alpha olefin sulfonates
Authors: Johannessen R. O. , DeWitt W. J. , Smith R. S. , Tuvell M. E.
Published: February 2008

Alpha olefin sulfonates (AOS) are a complex mixture of the positional isomers of hydroxyalkane sulfonates, alkene sulfonates, and disulfonates. This paper describes a qualitative method for separating these various components by reverse‐phase high pressure liquid chromatography. The column utilized was a DuPont Zorbax TMS (4.6 mm × 25 cm) with a water/methanol (25:75, v/v) mobile phase containing sodium nitrate at a concentration of 0.4M. The hydroxyalkane sulfonate and alkene sulfonate peaks were identified using laboratory prepared standards. The disulfonate peaks were located using controlled sulfonation conditions. More work needs to be done to separate an overlap of C16 3‐hydroxyalkane sulfonate and C14 2‐alkene sulfonate in 1416 AOS. However, if studies are based on single carbon number AOS samples, the overlap of these peaks can be avoided. This method can be utilized as a qualitative tool for the comparison of sulfonation runs, the identification of AOS within a detergent, or the identfication of the olefin type used for sulfonation.
Regulation of phosphate homeostasis by the phosphatonins and other novel mediators
Authors: Shaikh Aisha , Berndt Theresa , Kumar Rajiv
Published: February 2008

A variety of factors regulate the efficiency of phosphate absorption in the intestine and phosphate reabsorption in kidney. Apart from the well-known regulators of phosphate homeostasis, namely parathyroid hormone (PTH) and the vitamin D–endocrine system, a number of peptides collectively known as the “phosphatonins” have been recently identified as a result of the study of various diseases associated with hypophosphatemia. These factors, fibroblast growth factor 23 (FGF-23), secreted frizzled-related protein 4 (sFRP-4), fibroblast growth factor 7 (FGF-7) and matrix extracellular phosphoglycoprotein (MEPE), have been shown to play a role in the pathogenesis of various hypophosphatemic and hyperphosphatemic disorders, such as oncogenic osteomalacia, X-linked hypophosphatemic rickets, autosomal dominant hypophosphatemic rickets, autosomal recessive hypophosphatemia and tumoral calcinosis. Whether these factors are true hormones, in the sense that they are regulated by the intake of dietary phosphorus and the needs of the organism for higher or lower amounts of phosphorus, remains to be firmly established in humans. Additionally, new information demonstrates that the intestine “senses” luminal concentrations of phosphate and regulates the excretion of phosphate in the kidney by elaborating novel factors that alter renal phosphate reabsorption.
Challenges in Supporting Community Implementation of Science‐based Programs: A Critical Review of Local Partnerships for Success Plans
Authors: Julian David A. , Ross Melissa , Partridge Charles
Published: February 2008

This paper provides the opportunity to consider local challenges to implementing science‐based programs. Wandersman et al. (American Journal of Community Psychology 2008) define three systems necessary to effectively implement science‐based programming. These systems include the Prevention Support System, which is responsible for assisting communities in implementing effective practices; the Prevention Research System, which is responsible for developing and packaging prevention programming; and the Prevention Delivery System, which is responsible for delivering services. The authors conduct a content analysis related to six county level efforts to implement science‐based programs in Ohio. These counties are part of a larger Ohio initiative referred to as Partnerships for Success. The authors suggest that local officials are quite skilled at accessing the Prevention Research System and providers at the local level represent an effective service delivery system. The authors contend that the Prevention Support System in these counties is capable of enhancing several functions related to local infrastructure but is deficient in other important elements.
Role of Parenting Relationship Quality in Communicating about Maternal BRCA1/2 Genetic Test Results with Children
Authors: DeMarco Tiffani A. , Peshkin Beth N. , Valdimarsdottir Heiddis B. , Patenaude Andrea F. , Schneider Katherine A. , Tercyak Kenneth P.
Published: February 2008

It is known that many mothers rapidly share the results of their BRCA1/2 genetic testing with their children, especially adolescent children. What is less known is the extent to which these mothers may engage fathers in a discussion concerning genetic counseling and the anticipated disclosure of genetic test results to children, or seek shared decision making in this context. This short communication addresses this issue by first examining mothers’ and fathers’ discussions concerning a research study of family communication. In our view, this conversation likely served as a precursor to, and proxy indicator of, maternal receptivity to partner input regarding the genetic counseling/testing‐results disclosure process. We further evaluated how the quality of the parenting relationship is associated with mothers’ decisions to include or not include the child's father in this study. Finally, this report addresses potential ways in which the genetic counselor may be able to facilitate parental communication regarding the evolving process of disclosure of genetic information to children and adolescents.
Prey distribution, foliage structure, and foraging behavior of insectivorous birds in two oak species (Quercus serrata and Q. variabilis)
Authors: Park Chan‐Ryul , Hino Teruaki , Itô Hiroki
Published: February 2008

We examined foraging behaviors of four insectivorous bird species (Great Tit Parus major, Varied Tit P. varius, Long‐tailed Tit Aegithalos caudatus and Japanese White‐eye Zosterops japonica) on the two oak species (Q. serrata and Q. variabilis) in relation to fine‐scale foliage structures, abundance, and distribution of folivorous insects and physical and chemical characteristics of leaves. There was no difference in the mean number of insects for each oak species, but there was a significant difference in the mean biomass. The distance from twigs or branches to leaf tips or blade‐petiole junctions showed that leaves of Q. variabilis were more dispersed than those of Q. serrata. The different size distribution of insects influenced insect sizes selected and foraging maneuvers used by each bird species. Parus major and P.varius fed on beetles (low energy gain) with perch‐gleaning (the most energy‐saving maneuver) from the upper side of leaves on Q. variabilis, whereas they fed on large lepidopteran larvae (high energy gain) from the lower side of leaves on Q. serrata using a variety of maneuvers (including energy‐consuming ones). Both A. caudatus and Z. japonica fed on insects from the lower side of leaves by hang‐gleaning and reach‐gleaning, respectively. These species appeared to be morphologically adapted to the energy‐consuming but more effective maneuvers used to take preys from the undersides of leaves. We hypothesize that differences in foliage structures between closely related species of trees have evolved as a balance between defense against folivorous insects and attraction of insectivorous birds.
Assessing romantic competence in adolescence: The Romantic Competence Interview
Authors: Davila Joanne , Steinberg Sara J. , Miller Melissa Ramsay , Stroud Catherine B. , Starr Lisa R. , Yoneda Athena
Published: February 2008

This article presents preliminary psychometric data on the reliability and validity of the newly developed Romantic Competence Interview (RCI). The RCI is an interviewer‐assessed measure designed to assess competence among adolescents regardless of romantic relationship status. Eighty‐three early adolescent girls (m age=13.45 years) recruited from local school districts were administered the RCI along with other measures of social competence, and peer and romantic functioning. Concurrent and 1‐year predictive associations were examined. Results indicated that the RCI was reliably coded and demonstrated good construct validity. Implications for the conceptualization and measurement of romantic competence are discussed, as is the importance of attending to issues of competence early in adolescence.
The Incorporation of Continental Shelf Rights into United Kingdom Law
Authors: Marston Geoffrey
Published: February 2008

On 9 September 1958 the UK government signed the Convention on the Continental Shelf, which had been concluded in Geneva on 29 April 1958 following a UN conference on the law of the sea at which three other conventions were concluded.2 On 11 May 1964 it ratified the Convention, which came into force on 10 June 1964.3 Meanwhile, on 15 April 1964, the Continental Shelf Act received the royal assent. Although the Act's long title indicates that it gives effect to certain provisions of the Convention on the High Seas,4 it does not expressly mention the Continental Shelf Convention. Yet the relationship between this Convention and the Act is more than a mere coincidence of time and title. It is the purpose of this article to investigate only one of the many important problems to which this relationship gave rise, namely how the basic concept of continental shelf rights as embodied in Article 2(1) of the Convention was incorporated into UK law. Other problems, such as the application to the shelf of UK civil and criminal law, will have to await discussion elsewhere.
European Legal Systems are not Converging
Authors: Legrand Pierre
Published: February 2008

Since the late 1940s, economic considerations relating to the globalisation of world markets have led an ever larger group of Western European countries to unite in the quest for a supra-national legal order which, in time, generated the European Community. Most of these countries' legal orders claim allegiance to what anglophones are fond of labelling the “civli law” tradition,1although two common law jurisdictions joined the Community in the early 1970s. The European Community's early decision to promote economic integration (and, later, other types of integration) through harmonisation or unification has involved, at both Community and national levels (for the implementation of Community rules in the member States carries the adoption ofnationalrules in all member States), a process of relentless “juridification”; law, in the guise of legislatively or judicially enacted rules, has assumed the role of a “steering medium”.2This development was foreseeable: once the interaction among European legal systems had acted as a catalyst for the creation of a supra-system,3the need to achieve reciprocal compatibility between the infra-systems and the supra-system naturally fostered the development of an extended network of interconnections (such as regulations and directives) which eventually raised the question of further legal integration in the form of a common law of Europe.4
Jurisdiction to Wind Up Companies Incorporated in Northern Ireland
Authors: Smart P. St. J.
Published: February 2008

In Re A Company (No.007946 of 1993)1 it was held that a company incorporated in Northern Ireland was an “unregistered company” within section 220 of the Insolvency Act 1986 and, accordingly, was amenable to the winding-up jurisdiction of the English court. In so holding Morritt J specifically declined to follow the view expressed in Dicey and Morris,2 a view which had been adhered to by a number of writers on both English and Scottish law.3 Prior to his Lordship's determination it was considered as a general proposition that a company incorporated in one part of the United Kingdom could be wound up only in the place of incorporation (such judicial authority as there was in respect of Northern Irish companies4 was to this effect—although it was not brought to the attention of Morritt J). Whilst as a matter of precedent it was undoubtedly open to Morritt J to hold that there was jurisdiction to wind up a Northern Irish company, such a conclusion is completely at odds with the history and underlying intention of the relevant statutory provisions.
I. Free Movement of Goods
Authors: Newman Karl , Weatherill Stephen
Published: February 2008

The European Court's efforts to locate the outer limits of Article 30's control of national measures have been discussed before in these surveys of current developments in EC law.1 The Court was tempted to use Article 30 to catch a wide range of measures that affected trade even where the rules applied in an even-handed manner to all traders. The most notable example of this expansionist trend was found in the so-called Sunday trading cases, in which Article 30 was exploited to challenge rules restricting commercial activity in England and Wales even though the rules did not put cross-border strategies at any particular disadvantage. The Court pursued an erratic course before finally ruling the laws compatible with Article 30.2 Academic comment, though nuanced in its detailed appreciation of the Court's stance, was largely convinced that Article 30 had been extended beyond both its intent and necessary function in the process of market integration.3
Freedom of Speech: is it the Primary Right?
Authors: Kentridge Sydney
Published: February 2008

The title of this article is not intended to disparage the value of freedom of speech in a modern democratic society. The right freely and publicly to criticise the institutions of government, the conduct of public affairs whether by the executive or Parliament, the freedom, indeed, to criticise the performance of the judiciary—that right is one of the glories of the unwritten constitution of this country. Its importance is constantly and forcefully emphasised in our highest courts. In one of the Spycatcher cases Lord Bridge of Harwich said that the right to freedom of speech is one of the fundamental freedoms essential to a free society.1 In the same case Lord Oliver quoted Blackstone's statement that the liberty of the press is essential to the nature of a free State.2 More recently Lord Goff of Chieveley, observing that he could see no inconsistency between English law and the European Convention on Human Rights in relation to freedom of speech, added: “This is scarcely surprising, since we may pride ourselves on the fact that freedom of speech has existed in this country perhaps as long as, if not longer than, it has existed in any other country in the world.”3
Pleading and Proof of Foreign Law: The Major European Systems Compared
Authors: Hartley Trevor C.
Published: February 2008

Though generally uncontroversial in England, the rules on pleading and proof of foreign law are nevertheless of interest from the comparative point of view by reason of the diversity of approaches found in different European countries. There is, moreover, a feeling on the part of some Continental lawyers that the English rules undermine the objectives of international and EU initiatives on conflict of laws and that the United Kingdom does not, therefore, fully carry out its international and EU obligations in this regard. These accusations have been levelled in particular with regard to the Rome Convention.1 In view of this, a comparative study of the different approaches in the main European countries might be timely; it might also provide an appropriate background for an examination of the question whether the Rome Convention requires any modification of the traditional English approach.
Freedom of Political Communication in Australia
Authors: Jones Timothy H.
Published: February 2008

In three important decisions,1 handed down on the same day in October 1994, the Australian High Court continued its exploration of the implied constitutional guarantee of freedom of political communication. Two years previously, in the judgments in Nationwide News Pty Ltd v. Wills2 and Australian Capital Television Pty Ltd v. The Commonwealth,3 a majority of the High Court had distilled an implication of freedom of political communication from the provisions and structure of the Australian Constitution.4 This was not an implication of freedom of expression generally, since it was derived from the concept of representative government which the majority considered to be enshrined in the Constitution: “not all speech can claim the protection of the constitutional implication of freedom … identified in order to ensure the efficacious working of representative democracy and government”.5 The extent of this implied constitutional guarantee was left rather unclear, since a number of different views were expressed. As Justice Toohey has now explained,6 there were two possibilities. The first was a more limited “implied freedom on the part of the people of the Commonwealth to communicate information, opinions and ideas relating to the system of representative government”. The second was a rather more expansive “freedom to communicate in relation to public affairs and political matters generally”. In the recent trilogy of cases a majority of the High Court was prepared to endorse the second of these alternatives.7 In Cunliffe v. The Commonwealth Chief Justice Mason concluded that it would be too restrictive to limit the implied freedom to “communications for the purposes of the political processes in a representative democracy”.8
When the State Taketh and the State Giveth
Authors: Evans Malcolm D.
Published: February 2008

The recent decision of the House of Lords in Kuwait Airways Corporation v. Iraqi Airways Company1 has done little to help resolve one of the most difficult questions relating to the practical application of the 1978 State Immunity Act. Indeed, it highlights the near intractable nature of the question at the heart of the case: was the seizure and subsequent operation by the respondent (IAC) of ten aircraft belonging to the applicant (KAC) an act—or action (and the distinction is important)—which attracted immunity under the Act? The answer to such a question is difficult enough when the acts involved are done by a State. When, as in this case, they are done not by the State but at the behest of the State, it becomes even more difficult to resolve and the principal problem with the decision of the majority in the House of Lords is that it fails fully to appreciate the full effect of this point of difference. Moreover, in order to return to the position abandoned by their interpretation of the Act, the majority raise the spectre of justiciability, which not only introduces additional complications but also distorts the frame of reference.
The British and French Systems of Control of the Export of works of Art
Authors: Polonsky Michael , Canat Jean-François
Published: February 2008

Article 9 of the Treaty of Rome, as amended by the 1992 Treaty on European Union (the Maastricht Treaty), declares that the European Community “shall be based upon a customs union which shall cover all trade in goods and which shall involve the prohibition between Member States of customs duties on imports and exports and of all charges having equivalent effect”.1 The principle was thereby established of the free movement of goods within the European Community. The Treaty does not define “goods” for the purposes of the Articles (9 to 37) which make up the Title dealing with “Free Movement of Goods”, but the European Court of Justice has held that “goods” means “products which can be valued in money and which are capable, as such, of forming the subject of commercial transactions”. From this it is clear that works of art are included in the “goods” that are intended to circulate freely within the Community.
How Does French Law Deal with Anticipatory Breaches of Contract?
Authors: Whittaker Simon
Published: February 2008

It is clear that there is no doctrine of anticipatory breach as such in French contract law.1 How then does it deal with the facts which in English law give rise to the application of this doctrine? In answering this question, it is helpful to bear in mind that the two situations which English law treats as anticipatory breach are where a party declares in words or demonstrates by conduct his unwillingness to perform and where a party has “disabled” himself from performance owing to his own “act or default”.2
Foreign Judgments in ASEAN—a proposal
Authors: Koh Pearlie M. C.
Published: February 2008

The Association of South East Asian Nations1 (ASEAN) was formed on 8 August 1967. Inter alia, the five founding members of ASEAN agreed in the Bangkok Declaration to “accelerate … economic growth … in the region, … to promote regional peace … and … to promote active collaboration and mutual assistance in matters of common interest in the economic … and administrative fields”.2
Legality in a Collapsed State: The Somali Experience
Authors: Osinbajo Yemi
Published: February 2008

The ouster of the Siad Barre regime in January 1991 and the civil war which followed led to a complete breakdown of law and order in Somalia. The human tragedy of the situation has been well publicised; less well known is the complete collapse of the institutions associated with constitutional governance and the administration of justice in Somalia, namely the federal and regional governments, legislatures, courts, the police and prisons.
State Succession to Human Rights Treaties: Hong Kong and the International Covenant on Civil and Political Rights
Authors: Chan Johannes
Published: February 2008

In 1976 the United Kingdom ratified the International Covenant on Civil and Political Rights (ICCPR) and extended it to Hong Kong. Under the Covenant the United Kingdom assumed an obligation to submit periodic reports to the Human Rights Committee on the measures it has adopted to give effect to the rights recognised by the Covenant and on the progress made in the enjoyment of these rights.1 The United Kingdom has submitted four periodic reports on Hong Kong, in 1978,2 1988,3 19914 and 1995.5
I. Co-operation with the International Criminal Tribunal for Yugoslavia
Authors: Warbrick Colin , McGoldrick Dominic , Warbrick Colin
Published: February 2008

The Security Council established the International Criminal Tribunal for the Former Yugoslavia (the Tribunal) by Resolution 827.1 It “determined” that the widespread and flagrant violations of international humanitarian law in the territory of the former Yugoslavia constituted a threat to international peace and security. Resolution 827 is a Chapter VII resolution. The Council “decided” that all States shall co-operate fully with the Tribunal and its organs and that they shall “take any measures necessary under their domestic law” to give effect to the resolution and obligations which arose under the Statute of the Tribunal.
Dispute Settlement and the Law of the Sea Convention: Problems of Fragmentation and Jurisdiction
Authors: Boyle Alan E.
Published: February 2008

The entry into force of the 1982 United Nations Convention on the Law of the Sea (“UNCLOS”), on 16 November 1994, is probably the most important development in the settlement of international disputes since the adoption of the UN Charter and the Statute of the International Court of Justice. Not only does the Convention create a new international court, the International Tribunal for the Law of the Sea (“ITLOS”), it also makes extensive provision for compulsory dispute-settlement procedures involving States, the International Seabed Authority (“ISBA”), seabed mining contractors and, potentially, a range of other entities. Implementation of the Convention has spawned a number of inter-State disputes to add to the cases already before the International Court. The initiation of the ITLOS not only opens up new possibilities for settling these disputes but it also has implications for the future role of the International Court and ad hoc arbitration in the law of the sea and more generally. It contributes to the proliferation of international tribunals and adds to the potential for fragmentation both of the substantive law and of the procedures available for settling disputes. Judges Oda and Guillaume have argued that the ITLOS is a futile institution, that the UNCLOS negotiators were misguided in depriving the International Court of its central role in ocean disputes and that creation of a specialised tribunal may destroy the unity of international law. The law of the sea, both judges argue, is an essential part of international law and any dispute concerning the application and interpretation of that law should be seen as subject to settlement by the International Court.
Women and the Law of Armed Conflict: Why the Silence?
Authors: Gardam Judith
Published: February 2008

The aim of this article is to extend the critique of human rights law by feminist scholars to humanitarian law—or the law of armed conflict, as it is more traditionally known. When reflecting generally on the role that international law plays in providing protection for women from the effects of violence the obvious starting point is the regime of human rights. So much of human suffering in today's world occurs, however, in the context of armed conflict where to a large extent human rights are in abeyance and individuals must rely on the protections offered by the law of armed conflict.1The debate that has been taking place for some years in the context of human rights as to the extent to which that system takes account of women&s lives needs to extend to the provisions of the law of armed conflict. Although commentators have convincingly demonstrated the limitations of the existing body of human rights law adequately to take account of the reality of women&s experience of the world,2the law of armed conflict is even more deficient. Moreover, despite the recent focus on rape in armed conflict as a result of the international outrage at the sexual abuse of women in the armed conflict in the former Yugoslavia, these shortcomings remain largely unaddressed.3At first glance this seems somewhat surprising until the special difficulties that flow from certain characteristics of the law of armed conflict are appreciated.
The Res Judicata Effect in England of a US Class Action Settlement
Authors: Dixon John C. L.
Published: February 2008

In US courts the procedural device of the class action is available by virtue of Rule 23 of the Federal Rules of Civil Procedure. Subject to certain conditions, this rule enables one person to bring an action on behalf of a large number of others (the “class members”) and the resolution of such an action, whether it is by way of judgment following trial or by the entry of an order of settlement, has res judicata effect on the class members. In most cases the majority of class members are all resident in the United States.
Proof of Foreign Law: The Impact of the London Convention
Authors: Rodger Barry J. , Van Doorn Juliette
Published: February 2008

This Article aims to examine the implementation of the European Convention on Information on Foreign Law, more commonly known as the London Convention, and assess its impact on the application of foreign law under the rules of private international law which prevail in the signatory States. Basically, the Convention provides a system to assist national courts in determining the application of a foreign law in a case involving the rules of private international law. This analysis is divided into three sections.
Access to European Community Official Information
Authors: Campbell Kenneth
Published: February 2008

Amid rather less fanfare than one might perhaps have expected, the press, and, by extension, the public, of the European Union scored a modest victory for freer access to official information following the judgment of the Court of First Instance in the case of John Carvel & Guardian Newspapers Ltd (Denmark, The Netherlands and the European Parliament intervening) v. EU Council.' This case is the latest stage in an evolving policy of access to official information generally, a policy which has gained impetus with official concern about the so–called “democratic deficit” and a heightened awareness of the perceived remoteness of the European institutions from the daily lives of the citizens of the Union.
Some Private International Law Aspects of the Arbitration Act 1996
Authors: Hill Jonathan
Published: February 2008

As a method for resolving commercial disputes which have connections with two or more countries, arbitration has been given a tremendous boost this century by two developments at the international level. The New York Convention of 1958—which was first implemented in England and Wales by the Arbitration Act 1975—introduced a regime which went a long way toward ensuring that arbitration agreements are respected and that arbitral awards are easily enforceable. The Convention has been hugely successful in that it has been ratified by upwards of 90 States, including all the countries of Western Europe (with the exception of Iceland) and nearly all countries which are significant commercial centres. More indirect has been the influence of the Model Law on International Commercial Arbitration, which was adopted by UNCITRAL in 1985. Although the Model Law, which seeks to encourage States to modernise their arbitration laws, has not been enacted by a very large number of countries, it has had a significant impact in that it has set an agenda for reform—even for those countries which have decided not to enact it. The Model Law has become “a yardstick by which to judge the quality of… existing arbitration legislation and to improve it”.
Reservations to Treaties and Human Rights Committee General Comment No. 24(52)
Authors: Redgwell Catherine J.
Published: February 2008

On 2 November 1994 the Human Rights Committee adopted General Comment No.24(52) relating to reservations made on ratification or accession to the International Covenant on Civil and Political Rights. It is addressed to States party to the Covenant and indicates the manner in which reservations to Covenant guarantees will be treated. The fact that the Committee has issued a general comment on the topic of reservations is clear expression of the Committee's concerns regarding the number and scope of reservations which have been made. In its view these threaten to undermine the effective implementation of the Covenant as well as impair the performance of the Committee in respect of the subject matter to which the reservations apply. Though not as seriously afflicted by reservations as some other human rights treaties, most notably the Convention on the Elimination of Discrimination Against Women and the Convention on the Rights of the Child, the Covenant has nonetheless been the object of some sweeping reservations to which few objections have been made. There is the concern that the integrity of the Covenant may have been sacrificed in order to ensure widespread participation. “Indeed”, suggests Higgins, “one might almost say that there is a collusion to allow penetrating and disturbing reservations to go unchallenged.”
Time and the Law: International Perspectives on an Old Problem
Authors: Higgins Rosalyn
Published: February 2008

I begin by confessing a general fascination with the concept of time. I puzzle endlessly over the relationship between time and matter, and the insistence of scientists that before the Big Bang time did not exist. I grapple with the relationship between time and speed, and the fact that if we could travel at the speed of light time would not move. I seek to grasp Stephen Hawking's recent conversion to the view that, in the physical world, time may yet run in reverse. I am intrigued that our concepts of time came to Australia only with the First Fleet, for aboriginal time was cyclical rather than linear. Events could recur, dead people could live again. I find exhilarating the idea that we see at this moment, through our telescopes, stars that no longer exist. I love the objective reality of the equator and the total artificiality of the meridian, and the intention that this felicitous fiction is the place for us to see in the “real beginning” of the next century.
The European Convention for the Prevention of Torture: 1992–1997
Authors: Evans Malcolm , Morgan Rod
Published: February 2008

Five years ago we surveyed the early years of the European Convention for the Prevention of Torture, Inhuman or Degrading Treatment or Punishment1. At that time there was already a good deal of information available regarding themodus operandiof the Committee which was established but comparatively little regarding the manner in which the Committee was translating its mandate2into practice. Today the picture has changed considerably. The manner in which the Committee conducts its work is essentially unchanged but from the large corpus of published reports it is possible now to map out the principal standards promulgated by the Committee and through which it seeks to fulfil its functions3. The purpose of this article is to highlight these developments.
II. Free Movement of Goods
Authors: Newman Karl , Weatherill Stephen
Published: February 2008

1. From “Sunday trading” to Keck and Mithouard

These Current Developments surveys have consistently been driven to consideration of the Court's attempts to fix the outer limits of Article 30 of the EC Treaty, beyond which national authorities remain exclusively competent to regulate their markets without fear of legal challenge based on Community rules governing the free movement of goods. The high-water mark of judicial interventionism came in the so-called “Sunday trading” cases where the United Kingdom was required to justify against standards recognised by Community law rules governing shop opening hours despite the fact that such rules, although inhibitive of commercial freedom, posed no demonstrable obstacle to the construction of an integrated marketing strategy for the whole territory of the Community.1 In Criminal Proceedings against Keck and Mithouard2 the Court sought to curtail the reach of Article 30. A French rule prohibiting resale at a loss was held unaffected by Article 30. The Court overruled previous decisions, probably including the pair dealing with Sunday trading, although the Court was not explicit. Its intention to refocus the law of the free movement of goods on measures hostile to market integration, rather than those merely oppressive of commercial freedom, was reflected in the formula: