bluuebunny/crossref_metadata_2025 huggingface dataset:
Broad-band ocean bottom seismometer noise properties
Authors: Janiszewski Helen A , Eilon Z , Russell J B , Brunsvik B , Gaherty J B , Mosher S G , Hawley W B , Coats S
Published: November 2022

We present a new compilation and analysis of broad-band ocean bottom seismometer noise properties from 15 yr of seismic deployments. We compile a comprehensive data set of representative four-component (seismometer and pressure gauge) noise spectra and cross-spectral properties (coherence, phase and admittance) for 551 unique stations spanning 18 U.S.-led experiments. This is matched with a comprehensive compilation of metadata parameters related to instrumentation and environmental properties for each station. We systematically investigate the similarity of noise spectra by grouping them according to these metadata parameters to determine which factors are the most important in determining noise characteristics. We find evidence for improvements in similarity of noise properties when grouped across parameters, with groupings by seismometer type and deployment water depth yielding the most significant and interpretable results. Instrument design, that is the entire deployed package, also plays an important role, although it strongly covaries with seismometer and water depth. We assess the presence of traditional sources of tilt, compliance, and microseismic noise to characterize their relative role across a variety of commonly used seismic frequency bands. We find that the presence of tilt noise is primarily dependent on the type of seismometer used (covariant with a particular subset of instrument design), that compliance noise follows anticipated relationships with water depth, and that shallow, oceanic shelf environments have systematically different microseism noise properties (which are, in turn, different from instruments deployed in shallow lake environments). These observations have important implications for the viability of commonly used seismic analysis techniques. Finally, we compare spectra and coherences before and after vertical channel tilt and compliance noise removal to evaluate the efficacy and limitations of these now standard processing techniques. These findings may assist in future experiment planning and instrument development, and our newly compiled noise data set serves as a building block for more targeted future investigations by the marine seismology community.
A deep learning-based network for the simulation of airborne electromagnetic responses
Authors: Wu Sihong , Huang Qinghua , Zhao Li
Published: November 2022

Airborne electromagnetic (AEM) method detects the subsurface electrical resistivity structure by inverting the measured electromagnetic field. AEM data inversion is extremely time-consuming when huge volumes of observational data are involved. Forward modelling is an essential part and represents a large proportion of computational cost in the inversion process. In this study, we develop an AEM simulator using deep learning as a computationally efficient alternative to accelerate 1-D forward modelling. Inspired by Google's neural machine translation, our AEM simulator adopts the long short-term memory (LSTM) modules with an encoder–decoder structure, combining the advantages in time-series regression and feature extraction. The well-trained LSTM network describes directly the mapping relationship between resistivity models with transceiver altitudes and time-domain AEM signals. The prediction results of the test set show that 95 per cent of the relative errors at most sampling points fall in the range of ±5 per cent, with average values within the range of ±0.5 per cent, indicating an overall prediction accuracy. We investigate the effects of the distributions of both resistivity and transceiver altitude in the training set on the prediction accuracy. The LSTM-based AEM simulator can effectively handle the resistivity characteristics involved in the training set and yields great sensitivity to the variations of transceiver altitudes. We also examine the adaptability of our AEM simulator for discontinuous resistivity variations. Synthetic tests indicate that the application effect of the AEM simulator relies on the completeness of the training samples and suggest that enriching the sample diversity is necessary to ensure the prediction accuracy, in cases of observation environments dominated by extreme transceiver altitudes or under-represented geological features. Furthermore, we discuss the influence of network configuration on its accuracy and computational efficiency. Our simulator can deliver ∼13 600 1-D forward modelling calculations within 1 s, which significantly improves the simulation efficiency of AEM data.
Spectral induced polarization of heterogeneous non-consolidated clays
Authors: Mendieta A , Maineult A , Leroy P , Jougnot D
Published: November 2022

Clays are ubiquitously located in the Earth’s near surface and have a high impact on the subsurface permeability. Most geo-electrical characterizations of clays do not take into account the heterogeneous nature of clay geological media. We want to better understand the influence of heterogeneities on the geo-electrical signature, thus we collected a data set of spectral induced polarization (SIP) of artificial heterogeneous non-consolidated clay samples. The samples are made of illite and red montmorillonite in a parallel and perpendicular disposition (with respect to the applied electric field). Another sample is a homogeneous mixture composed of the same volumetric fraction of illite and red montmorillonite. For all the samples, the polarization is dominated by the red montmorillonite, given by the shape of the spectra (presence or lack of a peak at a particular frequency). We compared the experimental data with classical mixing laws and complex conductance network models to test how to better predict the SIP signature of such mixtures when the SIP spectra of the two components are known. The real conductivity is better predicted by the mixing laws, but the shape of the spectra (presence of polarization peaks at particular frequencies) is best predicted by the conductance network models. This study is a step forward towards a better characterization of heterogeneous clay systems using SIP.
Quantifying and Predicting Ongoing Human Immunodeficiency Virus Type 1 Transmission Dynamics in Switzerland Using a Distance-Based Clustering Approach
Authors: Labarile Marco , Loosli Tom , Zeeb Marius , Kusejko Katharina , Huber Michael , Hirsch Hans H , Perreau Matthieu , Ramette Alban , Yerly Sabine , Cavassini Matthias , Battegay Manuel , Rauch Andri , Calmy Alexandra , Notter Julia , Bernasconi Enos , Fux Christoph , Günthard Huldrych F , Pasin Chloé , Kouyos Roger D ,   the Swiss HIV Cohort Study, Abela I , Aebi-Popp K , Anagnostopoulos A , Battegay M , Bernasconi E , Braun D L , Bucher H C , Calmy A , Cavassini M , Ciuffi A , Dollenmaier G , Egger M , Elzi L , Fehr J , Fellay J , Furrer H , Fux C A , Günthard H F , Hachfeld A , Haerry D , Hasse B , Hirsch H H , Hoffmann M , Hösli I , Huber M , Kahlert C R , Kaiser L , Keiser O , Klimkait T , Kouyos R D , Kovari H , Kusejko K , Martinetti G , de Tejada B Martinez , Marzolini C , Metzner K J , Müller N , Nemeth J , Nicca D , Paioni P , Pantaleo G , Perreau M , Rauch A , Schmid P , Speck R , Stöckle M , Tarr P , Trkola A , Wandeler G , Yerly S
Published: November 2022

Background

Despite effective prevention approaches, ongoing human immunodeficiency virus 1 (HIV-1) transmission remains a public health concern indicating a need for identifying its drivers.

Methods

We combined a network-based clustering method using evolutionary distances between viral sequences with statistical learning approaches to investigate the dynamics of HIV transmission in the Swiss HIV Cohort Study and to predict the drivers of ongoing transmission.

Results

We found that only a minority of clusters and patients acquired links to new infections between 2007 and 2020. While the growth of clusters and the probability of individual patients acquiring new links in the transmission network was associated with epidemiological, behavioral, and virological predictors, the strength of these associations decreased substantially when adjusting for network characteristics. Thus, these network characteristics can capture major heterogeneities beyond classical epidemiological parameters. When modeling the probability of a newly diagnosed patient being linked with future infections, we found that the best predictive performance (median area under the curve receiver operating characteristic AUCROC = 0.77) was achieved by models including characteristics of the network as predictors and that models excluding them performed substantially worse (median AUCROC = 0.54).

Conclusions

These results highlight the utility of molecular epidemiology-based network approaches for analyzing and predicting ongoing HIV transmission dynamics. This approach may serve for real-time prospective assessment of HIV transmission.
Amalgamation and Robinson property in universal algebraic logic
Authors: Gyenis Zalán , Öztürk Övge
Published: November 2022

There is a well-established correspondence between interpolation and amalgamation for algebraizable logics that satisfy certain additional assumptions. In this paper, we introduce the Robinson property of a logic and show that a conditionally algebraizable logic without any additional assumptions has the Robinson property if and only if the corresponding class of Lindenbaum–Tarski algebras has the amalgamation property. Moreover, we give the logical characterization of the strong amalgamation property, solving an open problem of Andréka–Németi–Sain. It is also shown that given the mentioned extra assumptions the Robinson property implies the interpolation property. As conditionally algebraizable logics cover algebraizable logics as well as various quantifier logics such as classical first order logic, our results yield a generalization of some of the results concerning interpolation and amalgamation.
The European Restructuring Directive
Authors: Olivares-Caminal Rodrigo , Guynn Randall D , Kornberg Alan W , Paterson Sarah , Singh Dalvinder
Published: November 2022

Chapter 2 provides an overview and analysis of the European Restructuring Directive. It starts with an analysis of the motivations for the Directive and of criticisms which have been advanced in the scholarship. The chapter then continues with an analysis of the provisions of the Directive. There is a particular focus on difficult issues which arise in interpreting the language of the Directive, and on the optionality which the Directive provides Member States. Examples of implementation from Germany and the Netherlands are also included. The chapter concludes with a brief analysis of avenues for cross-border recognition of European restructuring plans.
Resolution of US Banks and Other Financial Institutions
Authors: Olivares-Caminal Rodrigo , Guynn Randall D , Kornberg Alan W , Paterson Sarah , Singh Dalvinder
Published: November 2022

Chapter 8 provides an overview of the resolution regimes under US law applicable to (i) banks; (ii) Fannie Mae, Freddie Mac, and the Federal Home Loan Banks (government-sponsored enterprises or GSEs); and (iii) systemically important financial institutions. This chapter includes a detailed summary of the applicable resolution regimes, as well as a summary of the development of US resolution authority over time, from the establishment of the Federal Deposit Insurance Corporation (FDIC) in the early twentieth century to the creation in the early twenty-first century of a resolution statute for GSEs, to the post-financial crisis establishment of the orderly liquidation authority and resolution planning requirements in the Dodd-Frank Act. The chapter also provides overviews of the supervisory tools that banking regulators use to prevent the failure of banks, the single-point-of-entry recapitalization in resolution strategy that has been adopted by all the US global systemically important banking groups (G-SIBs), and international efforts to coordinate on cross-border resolutions.
Litigation Aspects of Sovereign Debt
Authors: Olivares-Caminal Rodrigo , Guynn Randall D , Kornberg Alan W , Paterson Sarah , Singh Dalvinder
Published: November 2022

Chapter 11 presents the options and obstacles that a creditor faces has when pursuing a claim against a debtor, mainly in New York and English courts. It presents a practical step-by-step guide covering the issues that need to be addressed to evaluated prior to and in the process of obtaining a court order. In doing so, it looks at pre-action issues such as the applicable contractual and post judgment interests (the economic analysis prior to action) and different considerations on which courts to use. Then, it moves into more procedural aspects such as immunity from suit, personal and subject matter jurisdiction, the doctrines of act of state and comity, etc. Then, this chapter looks at the other side of the coin, enforcement. It is one thing obtaining a judgment and quite another enforcing it. Within the enforcement analysis the chapter focuses on the pari passu litigation and other key legal precedents in the US, UK, and other jurisdictions to illustrate the different challenges that may arise.
Transactional Aspects of Sovereign Debt Restructuring
Authors: Olivares-Caminal Rodrigo , Guynn Randall D , Kornberg Alan W , Paterson Sarah , Singh Dalvinder
Published: November 2022

Chapter 12 provides an overview of the transactional aspects of sovereign debt restructuring, looking at the procedures and methods to conduct a successful restructuring, addressing this from the perspective of borrowers/debtors and lenders/creditors. This chapter looks at both (1) policy approaches towards conducting a debt restructuring (ie, the theoretical Sovereign Debt Restructuring Mechanism (SDRM), the use of the European Financial Stability Facility (EFSF) and the European Stability Mechanism (ESM) in the Greek restructuring, and the more novel Debt Service Suspension Initiative (DSSI) and the Common Framework developed to tackle the distress situations resulting from the COVID-19 pandemic) and (2) the transactional aspects, the imbedded clauses that can facilitate a restructuring (ie the industry-wide collective action clauses (CACs) and the recent challenges posed to them by re-designation and the Pac-man technique) as well as the fallback option of voluntary exchange offers combined with contractual sweeteners and exit consents.
Introduction
Authors: Schulz Patricia , Halperin-Kaddari Ruth , Rudolf Beate
Published: November 2022

This introductory chapter provides an overview of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which remains a key international human rights instrument more than forty years after its entry into force. The Convention’s scope is wide, requiring States parties to address how the enjoyment of recognized human rights is adversely affected by gender-based distinctions, exclusions, and stereotypes. The chapter then outlines the Convention’s adoption, structure, and key concepts. It summarizes the most significant issues of Convention application and interpretation and the ways in which the CEDAW Committee has sought to ensure the Convention’s continuing relevance for women around the world and the developments brought by interpretation. The chapter also looks at the principles of general international law which affect interpretation and implementation of the Convention. It also describes the present-day fundamental challenges for women’s human rights.
Preamble
Authors: Chinkin Christine , Rudolf Beate
Published: November 2022

This chapter discusses the Preamble to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which introduces the subject matter of the treaty, explains its background and foreshadows its articles, and indicates the context and object and purpose of the treaty. The Convention Preamble also locates the Convention within international human rights law, in particular the prohibition of discrimination on the basis of sex, and within the wider international political and legal scene of 1979. It draws the link between rights and economic development of women and also of society. The Preamble is not an operative part of the treaty and thus does not directly create binding legal obligations. However, it is an integral part of the treaty and contextually significant for the purpose of interpretation under the Vienna Convention on the Law of Treaties (VCLT) Article 31. Article 31(2) provides that for the purpose of interpretation, the treaty shall include its preamble. Ultimately, the CEDAW Committee has only rarely cited the Preamble in its interpretation and application of the Convention.
Article 2
Authors: Byrnes Andrew , Campbell Meghan
Published: November 2022

This chapter evaluates Article 2 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which has been described by the Committee as ‘the very essence of the Convention’ and ‘crucial to its full implementation’. Indeed, Article 2 is a fundamental and overarching provision of the Convention that, together with Article 1, ensures that the obligations assumed by States parties under the treaty go well beyond the specific areas set out in its articles to include new issues, unseen or unknown at the time of its elaboration. Article 2 is crucial in enabling the Convention to remain a living and dynamic instrument that is responsive to women’s experience of discrimination and inequality. It forms the core of the State’s obligation to adopt legal, non-legal, innovative, and wide-ranging measures to eliminate discrimination against women. The Committee has interpreted this broad provision expansively and in accordance with its terms to guarantee that States parties are under obligations to ensure the elimination of discrimination in law and practice, whether by public bodies or private actors and across all fields of life.
Article 9
Authors: Sarugaser-Hug Sulini
Published: November 2022

This chapter illustrates Article 9 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Article 9 sets out the guarantee of women’s agency in nationality determination processes (acquisition, change, and retention), particularly targeting the situation of married women and ensuring non-discrimination in transmission of women’s nationality to their children. The objective of the provision is to guarantee women’s unfettered exercise of all rights guaranteed by the State party to its citizens and to prevent women and their children from being without any legal identity and rendered stateless as a result of gender-discriminatory nationality laws, policies, and practices. However, women’s rights to equality in nationality remain under threat by States parties’ actions to revoke nationality as a measure of retribution for women’s civic engagement. The CEDAW Committee has condoned depriving any woman of citizenship and, in particular, where citizenship may be revoked on grounds of engagement in a group, a party, or an organization that adopts principles or doctrines which can be interpreted to harm national interests.
Article 11
Authors: Raday Frances , Oksenberg Shai
Published: November 2022

This chapter reviews Article 11 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Article 11 comprehensively addresses the obligation of States parties to eliminate discrimination against women in employment and occupation. The CEDAW Committee has produced valuable principles for implementation of Article 11 through its monitoring role as expressed in its concluding observations. It has firmly centred women’s right to formal, substantive, and transformative equality at the core of employment and welfare policy in international human rights law and development. However, this topic has not yet been the subject of a specific general recommendation by the Committee, although a number of its general recommendations have been relevant to women’s working lives, as analysed in the chapter. While Article 11 has almost all the elements to bring about the realization of women’s economic equality in the world of work and social security, none of its equality standards have yet been adequately fulfilled by States parties.
Violence against Women
Authors: Chinkin Christine , Gormley Lisa
Published: November 2022

This chapter explains that there is no provision in either the Declaration (DEDAW) or Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) that explicitly addresses violence against women. Instead, States parties’ obligations with respect to the elimination of violence against women have been developed by a number of international institutional initiatives in which the CEDAW Committee has played a key role, as identified in the chapter. By requiring a holistic approach to the different manifestations of violence against women, identifying violence as discrimination against women, and thereby adopting a rights-based approach, General Recommendation No 19 on Violence against Women in 1992 was the instrument that brought violence against women unequivocally into the domain of international human rights law. In 2017, drawing upon its twenty-five years of experience of understanding violence against women as a form of discrimination, as expressed through several rounds of States’ initial and subsequent periodic reporting and more than fifteen years of individual petitions and inquiry procedures under the Optional Protocol to the Convention, the Committee updated General Recommendation No 19 in its General Recommendation No 35. This took account of both subsequent normative developments and social changes and provides States with ‘further guidance aimed at accelerating the elimination of gender-based violence against women’.
Optional Protocol
Authors: Campbell Meghan , Connors Jane
Published: November 2022

This chapter explores the Optional Protocol (OP) to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which was adopted by consensus by the UN General Assembly (UNGA) on 6 October 1999. As of 31 December 2021, 114 States from all regions of the world were party to the Protocol, thereby enabling individuals or groups of individuals claiming to be victims of violations of the Convention by those States parties to complain of the alleged violations to the CEDAW Committee. The OP also invests the Committee with competence to conduct an inquiry into reliable allegations of grave or systematic violations of the rights in the Convention in States parties. It allows States parties to opt out of this procedure, and four have chosen to do so. The chapter then surveys the background of the OP and provides commentary on each provision, highlighting its interpretation by the Committee. It systematically analyses the jurisprudence of the CEDAW Committee as laid down in its numerous decisions and views in individual communications as well as reports on inquiries.
Arbitration: the Art & Science of Persuasion
Authors: Vinson Donald , Reichert Klaus
Published: November 2022

Successful advocacy in arbitration relies upon the lawyer’s ability to persuade a group of decision makers to the merits of the client’s case. Successful persuasion communicates the expression of feelings, thoughts, and interpretations of events, facts, and the role of the participants engaged in these events. It depends on the capabilities of those attempting to persuade and characteristics of the audience that will facilitate or frustrate the persuasion effort. An understanding of these audience characteristics resides within the domain of the behavioural sciences. Over the last thirty-five years, trial lawyers in the United States have placed increased reliance on pretrial jury research in the development of their cases, and this is now equally the case in US arbitration. This book draws upon personal experiences and insights where the applications of the behavioural sciences have practical implications to persuasion in the context of international arbitration. The target of persuasion in an arbitration is, of course, the arbitrator or the tribunal. However, this book is as much about lawyers who present cases as it is about arbitrators who decide them. The book’s focus is to provide practitioners with insights and applications of the behavioural sciences that can assist in the development of the skills associated with successful arbitration. Many of the important elements of the psychology of persuasion are explained, accompanied by suggestions or examples of how the information can be effectively used. The book is a practical treatment of ideas and techniques of persuasion that lawyers can employ to enhance their advocacy skills.
Persuasion in International Arbitration
Authors: Vinson Donald E , Reichert Klaus
Published: November 2022

This chapter looks into persuasion in international arbitration. Persuasion involves the presentation of facts, arguments, and information in an effort to change another person’s attitudes. Thus, arbitrator persuasion depends on the lawyer’s ability to conceive, craft, and articulate messages to reach an agreement. A sophisticated insight into the complexities of human psychology goes hand in hand with a sound instinct, good judgement, and well-developed oratory skills. Behavioural science concepts and methodologies are useful to arbitration lawyers in an effort to develop persuasive communication strategies. Moreover, the chapter also tackles how technology like artificial intelligence could aid predictions and human judgement.
The Key to Persuasion
Authors: Vinson Donald E , Reichert Klaus
Published: November 2022

This chapter focuses on the attitude and beliefs of arbitrators. Contrary to popular belief, arbitrators do not necessarily sift through factual information through inductive thinking. Numerous people make an immediate judgement before seeking support on their argument from accessible information. Thus, arbitrators bring cognitive structures into the arbitral process as it screens out information believed to be inconsistent with previous knowledge. The chapter explains how attitudes showcased an individual’s convictions as it plays a central role in evaluating alternatives and making decisions. On the other hand, belief systems consist of attitudes and values defining how a person understands the world.
Communication and Techniques of Persuasion
Authors: Vinson Donald E , Reichert Klaus
Published: November 2022

This chapter covers the techniques of persuasion and communication. It also highlights how the psychology of communication played an important role in the development of the arbitration strategy. Persuasive communication aims to influence attitudes and beliefs. The credibility and likability of the speakers are vital variables under the persuasiveness of a message. Thus, despite relevant and persuasive evidence, witness testimony could be undermined if the speaker is known to have low personal credibility. The chapter provides strategies to improve speakers’ credibility, persuasiveness, and use of emotional messages. According to research, rhetorical questions and repetition could help arouse and recapture attention during an arbitral hearing.
Learning and the Attribution of Innocence or Blame
Authors: Vinson Donald E , Reichert Klaus
Published: November 2022

This chapter explores the concept of learning and the attribution of innocence or blame. It also correlates the learning processes to arbitrator decision-making. Learning refers to one of the fundamental processes of human behaviour that involved oral hearing and arbitration. Moreover, learning is divided into two general categories: involuntary learning and voluntary learning. Involuntary learning is more often known as classical conditioning, while voluntary learning is closely linked to operant conditioning. The chapter notes that active participation in the learning process does improve the speed and amount of learning. It explores the attribution theory wherein personal characteristics tend to be overemphasized while ignoring situational factors.
Tribunal Formation Strategy
Authors: Vinson Donald E , Reichert Klaus
Published: November 2022

This chapter centres on the tribunal formation strategy wherein decisions usually involve counsel’s subjective evaluations or prior knowledge with possible candidates. Moreover, numerous theoretical behavioural science concepts can be useful in formulating counsel’s judgements. Tribunal formation decisions represent the lawyer’s predictions as to how the panel will achieve their final decision. The primary approach in arbitrator selection mostly involves the lawyer’s hunches or prior experience in choosing the people to avoid or involve in a particular case. Stereotypes on human behaviour tend to be the basis behind the decisions. Psychological and sociological characteristics are also considered in terms of arbitrator selection.
Encounters with the Arbitrators
Authors: Vinson Donald E , Reichert Klaus
Published: November 2022

This chapter looks into the encounters with the arbitrators. According to social psychologists, the primacy effect refers to the tendency to rely on the information first given. However, the evaluations of lawyers and witnesses could be influenced by the initial impression and expectations that would eventually result in the halo effect, which is the influence of a global positive of a person’s perceptions. The chapter discusses the structure of the written arbitration, which involves the memorials of the claimant and respondent. International arbitration presents a unique circumstance so first impressions, written phase, and document production are vital to keeping the counsel’s constant awareness of the tribunal.
Cross-examination and Closing Arguments
Authors: Vinson Donald E , Reichert Klaus
Published: November 2022

This chapter elaborates on the process of cross-examination and closing arguments. Most often than not, international arbitration laws call all of the opposing witnesses to challenge and cross-examine the majority of their witness statements. Moreover, the tribunal will always examine the veracity, accuracy, reliability of witness statements under the criteria of weight, materiality, and relevance. One of the strategic oral hearing objectives is ensuring the credibility of witnesses such as their expertise. Additionally, lawyers are discouraged to call witnesses with irrelevant statements. The chapter highlights the significance of behavioural influences in the perception and decision of the counsel’s intended audience.
Visual Communication
Authors: Vinson Donald E , Reichert Klaus
Published: November 2022

This chapter looks into the communication strategies in arbitration. It lists the components of the communication model: source, recipient, channel, and feedback. Noise becomes the external factor interfering with the model’s function. On the other hand, the legal sector has adopted technology and visual presentation in the modern tribunal process. Computer-aided graphical design programs help recreate events or take the arbitral tribunal inside a microchip through the production of sophisticated computer animation. Moreover, a visual message must be simple and straightforward so the arbitrators would not tune out the given information. Verbal cues could also aid a witness testimony to establish reference for the visual aid.
Behavioural Research for Arbitration
Authors: Vinson Donald E , Reichert Klaus
Published: November 2022

This chapter focuses on the techniques conducted for studying arbitration. According to conventional wisdom, people are likely to be convinced if they have propositions with positive attitudes, opinions, or beliefs instead of negative ones. Sensitivity to human behaviour is involved in developing effective persuasion strategies. The chapter also differentiates the roles between arbitrators and jurors. Behavioural research has been conducted to develop and further persuasive strategies. Moreover, consultants and research experts could assist in the research as most lawyers are not trained in social sciences or research methods. Arbitration studies usually involve issues analysis, assessment of decision makers, strategy testing, witness evaluation, damage analysis, visual communication testing, and simulation.
The Rule of Proportionality
Authors: Bellal Annyssa , Casey-Maslen Stuart
Published: November 2022

This chapter expounds on the rule of proportionality as indicated in the two 1977 Additional Protocols and customary law. It recognises the inevitable suffering of civilians when hostilities are raging. By the virtue of the proportionality rule that remains in effect regardless of international or non-international conflict, all parties to armed conflict are prohibited from launching attacks expected to cause excessive civilian harm. The chapter then considers the treaty rule in relation to the customary international humanitarian law (IHL) and international criminal law. It also explores the treaty rules of proportionality in attack under general international law. Intentionally launching a disproportionate attack is considered to be simultaneously a violation of the IHL and a war crime.
The Role of the International Committee of the Red Cross
Authors: Bellal Annyssa , Casey-Maslen Stuart
Published: November 2022

This chapter highlights the role of the International Committee of the Red Cross (ICRC). It notes how the ICRC safeguarded its role as the impetus and critical supporter of new international humanitarian law (IHL) treaties and norms by acting as the driving force that led to the first Geneva Convention. The ICRC’s initial vocation revolved around the wounded and sick in the field before changing when the National Societies of countries in conflict asked for assistance and relief work, believing that humanitarian work proffered guarantees of neutrality and independence. The chapter also recognises the ICRC’s role as the guardian of IHL, but the organisation has been caught between its conflicting goals of protecting victims and implementing IHL. It explains that ICRC’s core mission continues to weaken due to the increasing attacks of different natures.
Introduction
Authors: Blackaby Nigel , Partasides Constantine , Redfern Alan
Published: November 2022

This chapter introduces the concept of international arbitration. As investments, trade, and commerce continue to expand internationally, agreements across national frontiers are significant to the business and commercial life. Nation states recognised the increased importance of international arbitration on international investment, business, and commerce. Thus, international arbitration is tasked to give equal consideration to the claims and defences of the parties and decide on disputes applicable to legal frameworks. Often, countries adopt the UNCITRAL Model Law to reassure investors and attract potentially profitable business. Specialist areas continue to grow in line with the success of international arbitration as a method of neutral international dispute resolution.
Agreement to Arbitrate
Authors: Blackaby Nigel , Partasides Constantine , Redfern Alan
Published: November 2022

This chapter expounds on how the arbitration agreement became the foundation of international arbitration. The arbitration clause and submission agreement are known to be the basic types of arbitration agreement. The other convention on arbitration is the establishment of requirements for a valid international arbitration agreement and indicating the parameters of an agreement. The chapter tackles the validity of an arbitration agreement, including its arbitrability and confidentiality. Moreover, capacity, party consent, and agent conclusions are some of the features of parties to an arbitration agreement, while the defects found in arbitration revolve around inconsistency, uncertainty, and inoperability.
Arbitration Under Investment Treaties
Authors: Blackaby Nigel , Partasides Constantine , Redfern Alan
Published: November 2022

This chapter looks into arbitrations under investment treaties. During the 19th century, European powers tended to utilise a form of gunboat diplomacy to achieve compensation or protection. Numerous treaties of friendship, commerce, and navigation (FCN treaties) adopted the doctrine of non-intervention with exceptions for justice denial or delay. In investment treaties, the International Centre for Settlement of Investment Disputes (ICSID) facilitates the conclusion of arbitration provisions involving individuals asserting rights directly against states. The chapter lists the existence of an applicable treaty, protected investors, and protected investments as some of the jurisdictional issues vindicating the legal rights of investment treaties.
Scope of the EIR
Authors: Bork Reinhard
Published: November 2022

This chapter expounds on the application of the European Insolvency Regulation (EIR) which is marked by notable deference to the characterisation of particular insolvency situations used by the individual Member States. The scope of the EIR is determined by circumstances, geographical limitations and the involved parties. The chapter explores the personal scope, material scope, and territorial scope of the EIR and its respective issues. Policy disputes persist concerning the boundaries of the EIR’s personal scope, while practitioners are limited in terms of relevance for issues. Moreover, state legal systems have a range of categorising debtors such as natural persons, legal persons, traders, consumers, and bodies governed by private or public law.
Recognition and Enforcement
Authors: Bork Reinhard
Published: November 2022

This chapter explores the recognition of judgements rendered within the course of insolvency proceedings constitutes one of the fundamental principles of the EIR. Recognition is based on mutual trust, which is also crucial regarding the maintenance of the universality of insolvency proceedings. Recognition also affects foreign judgments, while public policy exceptions are the grounds for refusing recognition. Additionally, the chapter tackles recognition as a cross-border legal problem. It clarifies how the object of recognition is primarily focused on individual court decisions instead of insolvency proceedings themselves. On the other hand, the EIR uses the extension model which ensures the universality of insolvency proceedings.
Legal Status, Information, and Cooperation between Participants
Authors: Bork Reinhard
Published: November 2022

This chapter discusses legal status, information, and cooperation between participants involved in insolvency proceedings. The insolvency practitioner is in charge of carrying out the procedure and the debtor’s creditors. Additionally, insolvency law focuses on liquidating the debtor’s assets to satisfy the claims of debtor’s creditors as the insolvency proceedings are considered as a question of interest to creditors. The EIR delineates the debtor’s legal status through prescriptions of private international law which refers to the law of the State of the opening or either main or secondary proceedings. On the other hand, the EIR contains to determine the debtor’s legal status by prescription of EU substantive law and without expressly mentioning the debtor.
Group Insolvencies
Authors: Bork Reinhard
Published: November 2022

This chapter tackles European cross-border issues concerning group insolvencies. The EIR permits the roles of ‘one group — one COMI’, which delivers two different regulatory devices of procedural consolidation: duties of cooperation and communication, and a system of coordination. While the EIR covers the issues of insolvent companies belonging to a group of companies, the EIR also excludes any form of regulatory intervention which does not respect group members’’ separate legal entities. However, the exclusion does deliver a definition of a group of companies and various alternative regulatory devices allowing courts and insolvency practitioners to choose the regulation. Moreover, the EIR identifies a group of companies as control-based which either could be direct or indirect.
Occupation in International Law
Authors: Eliav Lieblich , Eyal Benvenisti
Published: November 2022

The international law of occupation is the body of law, under international humanitarian law, that regulates the actions of states—and possibly other actors such as international organizations—that gain effective control over territory during armed conflict. The law of occupation seeks to balance several interests, which are often in tension with one another. Its most fundamental principle is that occupation does not confer sovereignty, and that the powers of the occupant are limited. The occupant is viewed as a temporary trustee, empowered only to maintain public order and safety in the territory, including that of its own forces. The law of occupation seeks to ensure that the occupant respects the rights of the absent sovereign; respects and ensures the individual rights of the local population; as well as their right to self-determination. This book seeks to provide an entry point for those seeking to familiarize themselves with the topic, by elaborating on general principles and key rules. It explores the tensions and dilemmas which characterize the modern law of occupation, while highlighting, when needed, interpretations which best conform with the law’s object and purpose. All in all, this book aims to guide relevant actors when seeking to assess or to challenge state actions in occupied territories.
Part 1 Concepts and General Frameworks, 2 Definition, Beginning, and End of Occupation
Authors: Eliav Lieblich , Eyal Benvenisti
Published: November 2022

This chapter addresses the threshold questions of the law of occupation: how is occupation legally defined, what territory can be occupied and by whom, and relatedly, when does occupation begin and end. It first introduces the traditional conditions for the existence of occupation. It then discusses the occupation of territories of states and of territories considered "non-sovereign." The chapter thereafter deals with spatial aspects: mainly, the occupation of land, air, waters and maritime zones. It moves to address the possible identity of occupants—from states, through coalitions, to non-state actors. Last, it offers a detailed analysis of the conditions for the beginning and end of occupation, both in light of traditional criteria and newer, "functional" approaches.
Part 2 The Scope of the Occupant’s Powers and Obligations, 4 Maintaining Public Order in Occupied Territories: Prolonged and Transformative Occupation
Authors: Eliav Lieblich , Eyal Benvenisti
Published: November 2022

This chapter continues to discuss the scope of the occupant’s powers in light of the general requirement to respect the status quo ante (the “conservationist principle”). The chapter deals with two general issues: the effect of time over these powers (“prolonged occupation”); and the question whether in certain cases, the occupant can significantly transform the institutional and physical situation in the territories in a permanent manner (“transformative occupation”). Both prolonged and transformative occupations, as legal doctrines, run the risk of facilitating the entrenchment of occupation, and its utilization to further the occupant’s interests. The chapter first discusses the possible effects of time on the occupant’s powers, demonstrating the risk that as time passes, the occupant will invoke the powers of “prolonged occupation” to give precedent to its own interests. It then moves to address the concept of transformative occupation, the various justifications given for it, and their limitations.
No memory of past warps in the vertical density structure of galaxies
Authors: García de la Cruz Joaquín , Martig Marie , Minchev Ivan
Published: November 2022

Warps are observed in a large fraction of disc galaxies, and can be due to a large number of different processes. Some of these processes might also cause vertical heating and flaring. Using a sample of galaxies simulated in their cosmological context, we study the connection between warping and disc heating. We analyse the vertical stellar density structure within warped stellar discs, and monitor the evolution of the scale heights of the mono-age populations and the geometrical thin and thick disc during the warp’s lifetime. We also compare the overall thickness and the vertical velocity dispersion in the disc before and after the warp. We find that for warps made of pre-existing stellar particles shifted off-plane, the scale heights do not change within the disc’s warped region: discs bend rigidly. For warps made of off-plane new stellar material (either born in situ or accreted), the warped region of the disc is not well described by a double sech2 density profile. Yet, once the warp is gone, the thin and thick disc structure is recovered, with their scale heights following the same trends as in the region that was never warped. Finally, we find that the overall thickness and vertical velocity dispersion do not increase during a warp, regardless of the warp’s origin. This holds even for warps triggered by interactions with satellites, which cause disc heating but before the warp forms. Our findings suggest that the vertical structure of galaxies does not hold any memory of past warps.
Ups!... I did it again: unveiling the hidden companion in Upsilon Sagittarii, a unique binary system at a second mass transfer stage
Authors: Gilkis Avishai , Shenar Tomer
Published: November 2022

Upsilon Sagittarii is a hydrogen-deficient binary that has been suggested to be in its second stage of mass transfer, after the primary has expanded to become a helium supergiant following core helium exhaustion. A tentative identification of the faint companion in the ultraviolet led to mass estimates of both components that made the helium star in Upsilon Sagittarii a prototypical immediate progenitor of a type Ib/c supernova. However, no consistent model for the complex spectrum has been achieved, casting doubt on this interpretation. In this study, we provide for the first time a composite spectral model that fits the ultraviolet data, and clearly identifies the companion as a rapidly rotating, slowly moving $\approx 7\, \mathrm{M}_\odot$ B-type star, unlike previously suggested. The stripped helium supergiant is less luminous than previous estimates, and with an estimated mass of $\lt 1\, \mathrm{M}_\odot$ is ruled out as a core-collapse supernova progenitor. We provide a detailed binary evolution scenario that explains the temperature and luminosity of the two components as well as the very low gravity (log g ≈ 1) and extreme hydrogen deficiency of the primary (atmospheric mass fraction XH, 1 ≈ 0.001). The best-fitting model is an intermediate-mass primary ($M_\mathrm{ZAMS,1} \approx 5\, \mathrm{M}_\odot$) with an initial orbital period of a few days, and a secondary that appears to have gained a significant amount of mass despite its high rotation. We conclude that Upsilon Sagittarii is a key system for testing binary evolution processes, especially envelope stripping and mass accretion.