bluuebunny/crossref_metadata_2025 huggingface dataset:
The Alliance Party of Northern Ireland
Authors: Tonge Jonathan , Braniff Máire , Hennessey Thomas , McAuley James W , Rice Clare , Whiting Sophie A
Published: August 2024

Northern Ireland’s political system is dominated by an Irish Catholic nationalist versus British Protestant unionist fault-line, based on the long-running argument over whether the province should remain part of the United Kingdom or form part of a United Ireland. Yet the largest category of elector in Northern Ireland says they are neither a unionist nor a nationalist and the third largest party is now Alliance, which declares itself neutral on the constitutional future of the region. This book analyses the rise of Alliance. How has a party which eschews ethnic bloc politics, has no constitutional preference, and contains a mix of Catholics, Protestants, and those of no religion, come to prominence in a polity whose political institutions are framed upon an old divide? The volume undertakes an extensive membership survey analysing the role of a non-ethnic party in an ethnic system, assessing Alliance identities, politics, and futures. Can Alliance integrate Northern Irish society through shared education, housing and other public provision, or will continuing polarization thwart the Party’s project? Would Alliance take a position in the event of a constitutional referendum on Northern Ireland’s future—and what might that stand be? These and other key questions form part of a novel study of the party of Northern Ireland’s often overlooked centre ground and how it has survived—and even made progress—in an unfavourable political climate.
From precarity to progress: Beyond the Good Friday Agreement
Authors: Tonge Jonathan , Braniff Máire , Hennessey Thomas , McAuley James W , Rice Clare , Whiting Sophie A
Published: August 2024

This chapter analyses Alliance since the Good Friday Agreement, a deal the Party welcomed but whose philosophical and ideological approach—the management, and not necessarily healing, of ethno-nationalism—was at odds with the Alliance vision of integration and reconciliation. The Party was in disarray when its leader of eleven years, John Alderdice, suddenly quit. His replacement, Sean Neeson, struggled to cope but did commission a fundamental review of Party strategy which paid dividends in the long term. In the immediate years after the Good Friday Agreement, however, Alliance looked irrelevant and short of votes, to the point that the Party’s existence was threatened. After that, however, the Party recovered under the leadership of David Ford and prospered under Naomi Long. Chapter 4 covers both the nadir and the rebirth of the Party.
Centrism
Authors: Tonge Jonathan , Braniff Máire , Hennessey Thomas , McAuley James W , Rice Clare , Whiting Sophie A
Published: August 2024

Chapter 5 offers a detailed analysis of Alliance’s ideas and roles. The ideological approach is based upon the pillars of liberalism, individual identity rather than ethno-national affiliation, anti-sectarianism, and reconciliation. Whilst adapted to changing contexts, these ideas have tended to be constants. However, in terms of roles, there has been an evolution. Alliance at its outset focused more upon cross-community bridging, helping to bring together unionism and nationalism in a cooperative spirit. As Alliance has grown in confidence in more recent times, it has attempted to sharpen its own definition by acting as an organization which strives to overcome unionism and nationalism, replacing it with a non-sectarian third tradition outlook based upon the premise of a united community. This chapter examines the interplay of ideas and roles and the limits upon Alliance as a possible usurper of unionism or nationalism.
The constitutional question
Authors: Tonge Jonathan , Braniff Máire , Hennessey Thomas , McAuley James W , Rice Clare , Whiting Sophie A
Published: August 2024

Alliance is a party which refuses to be defined by the constitutional question. Once pro-Union, it has had a policy of neutrality since 1999, favouring neither Northern Ireland remaining in the UK nor a united Ireland as the long-term resolution of the issue. But what are the preferences of its members? Do they want a border poll, and can/should Alliance take a stand if one is called? The data in the chapter shows that more members favour a united Ireland than support Northern Ireland remaining in the UK, but there is no overall majority for either option. A slight majority of members would like a border poll within the next decade. Interviews with Alliance members reveal significant division over whether the Party can or should take a stance if such a poll is ever called.
Who are the members?
Authors: Tonge Jonathan , Braniff Máire , Hennessey Thomas , McAuley James W , Rice Clare , Whiting Sophie A
Published: August 2024

Chapter 7 uses the membership dataset to profile Alliance Party members. The section covers period of joining and reasons for signing up, along with age, gender, marital status, and income profiles. We compare these to the profiles of Northern Ireland’s population and some of its other parties. We also examine the attitudes of Alliance members to those political parties. The Alliance data shows how there has been a recent surge in membership, with few members having joined in the 1980s, 1990s, and 2000s but with the Party retaining a core of 1970s joiners. In addition to demographic profiling, Chapter 7 also covers the geography of membership, showing a highly skewed membership base concentrated largely in two counties: Antrim and Down.
Identities
Authors: Tonge Jonathan , Braniff Máire , Hennessey Thomas , McAuley James W , Rice Clare , Whiting Sophie A
Published: August 2024

Alliance is a party which does not place great emphasis upon national identities. It welcomes a multiplicity of identities: British, Irish, Northern Irish, European, and none. Chapter 9 uses the membership data to examine which of those identities are the most and least popular self-identifications, finding that British identity is now rare compared to other identities. The most common identity held by Alliance members is Northern Irish. This is much different from nationalist parties (mainly Irish) and unionist parties (mainly British), but even Northern Irishness does not command an outright majority within Alliance, despite the party’s attempts to promote a sense of a united Northern Irish community. The chapter examines why these identities are so varied.
Reforming politics
Authors: Tonge Jonathan , Braniff Máire , Hennessey Thomas , McAuley James W , Rice Clare , Whiting Sophie A
Published: August 2024

Alliance argues strongly that the Northern Ireland Executive and Assembly created by the Good Friday Agreement are in urgent need of reform. These institutions were collapsed for nearly 40 per cent of the first twenty-five years of their existence. In Alliance’s view, the institutionalization of vetoes needs to end, as does an Assembly voting system which gives Alliance votes worth less than unionist or nationalist parties. This chapter considers Alliance’s reform agenda. It includes making the institutions more collapse-proof; reducing veto rights; co-badging the offices of First and deputy First Minister; ending the system of communal designation by which Assembly members are obliged to designate as unionist, nationalist, or the reductionist ‘other’; and replacing it with a voting system based on weighted majorities. The rationale behind Alliance’s thinking is critically evaluated. The chapter also considers Alliance’s proposals for tackling sectarianism in terms of realism and timescale.
Leading Change at Multiple Levels (Principles 8, 9, and 10)
Authors: Boyatzis Richard E
Published: August 2024

Chapter 8 discusses leading change at multiple levels. As a multi-level, fractal theory, ICT claims that sustained, desired change occurs through the same process at every level of human collective. Each level within Intentional Change Theory functions as a change process unto itself. That said, there is the possibility that events within a level may trigger or affect events or processes in another level. Cross-level forces can be progressive or regressive. Resonant leadership can propel sustained, desired change by invoking the Positive Emotional Attractor across levels to effect synchrony. When leaders are resonant to a small group of insiders but detest or reject outsiders, however, they are demagogues. Social identity groups (SIGs) facilitate the enduring quality of sustained, desired change by helping or hindering progress toward one’s Ideal Self or a group’s shared vision. A person’s SIGs create a sense of social place and order within their environment, and changing SIGs may create tension, inhibiting change. SIGs transmit information across levels by creating rituals that are symbolic actions with emotional meaning, invoking emotions through expression of a shared vision, or creating a common language. The members of a SIG can become ambassadors for a cause or shared vision and bring the emotions and message to other communities, organizations, families, and entire countries.
Meta-analysis of RNA interaction profiles of RNA-binding protein using the RBPInper tool
Authors: Cogan Joseph A , Benova Natalia , Kuklinkova Rene , Boyne James R , Anene Chinedu A
Published: August 2024

Motivation

Recent RNA-centric experimental methods have significantly expanded our knowledge of proteins with known RNA-binding functions. However, the complete regulatory network and pathways for many of these RNA-binding proteins (RBPs) in different cellular contexts remain unknown. Although critical to understanding the role of RBPs in health and disease, experimentally mapping the RBP–RNA interactomes in every single context is an impossible task due the cost and manpower required. Additionally, identifying relevant RNAs bound by RBPs is challenging due to their diverse binding modes and function.

Results

To address these challenges, we developed RBP interaction mapper RBPInper an integrative framework that discovers global RBP interactome using statistical data fusion. Experiments on splicing factor proline and glutamine rich (SFPQ) datasets revealed cogent global SFPQ interactome. Several biological processes associated with this interactome were previously linked with SFPQ function. Furthermore, we conducted tests using independent dataset to assess the transferability of the SFPQ interactome to another context. The results demonstrated robust utility in generating interactomes that transfers to unseen cellular context. Overall, RBPInper is a fast and user-friendly method that enables a systems-level understanding of RBP functions by integrating multiple molecular datasets. The tool is designed with a focus on simplicity, minimal dependencies, and straightforward input requirements. This intentional design aims to empower everyday biologists, making it easy for them to incorporate the tool into their research.

Availability and implementation

The source code, documentation, and installation instructions as well as results for use case are freely available at https://github.com/AneneLab/RBPInper. A user can easily compile similar datasets for a target RBP.
Extracellular vesicles are involved in the paracrine communication between epithelial cells in different regions of the domestic cat epididymis
Authors: Sosnicki Danielle M , Travis Alexander J , Comizzoli Pierre
Published: August 2024

Sperm maturation depends on exposure to microenvironments within the different segments of the epididymis, but mechanisms underlying how these microenvironments are produced or maintained are not well understood. We hypothesized that epididymal extracellular vesicles could play a role in the process of maintaining microenvironments in different regions of the epididymis. Specifically, we tested whether the extracellular vesicles from different regions of the epididymis can ensure paracrine communication between cells in different segments. Domestic cat tissues were used to develop a reproducible in vitro culture system for corpus epididymis explants that were then exposed to extracellular vesicles collected from upstream (i.e., caput) segments. Impacts of different culture or exposure conditions were compared by analyzing the morphology, apoptosis, transcriptional activity, and gene expression in the explants. Here, we report the development of the first in vitro culture system for epididymal tissue explants in the domestic cat model. Using this system, we found that extracellular vesicles from the caput segment have a significant effect on the transcriptional profile of tissue from the corpus segment (1233 differentially expressed genes due to extracellular vesicle supplementation). Of note, expressions of genes associated with regulation of epithelial cell differentiation and cytokine signaling in the epididymis were influenced by the presence of extracellular vesicles. Together, our findings comprise the first report in any species of paracrine control of segmental gene regulation by epididymal extracellular vesicles. These results contribute to a better understanding of epididymis biology and could lead to strategies to enhance or suppress male fertility.
International Legal Governance of Space Resources and the Role of National Frameworks: The Case of China
Authors: Ünüvar Güneş , Su Xueji
Published: August 2024

Following decades long political and legal uncertainty, several space-faring States passed national laws asserting (or reaffirming) private rights on resources extracted in space. This “bottom-up” approach is now shaping the fundamentals of international norms and rules. While the so-called “Artemis Bloc” and the US legislative and policy-making efforts have been examined extensively, what is missing is an in-depth analysis of the stance and response of other major space-faring nations. This article contributes to the scholarship by studying China’s perspective. The article considers the ongoing proliferation of national laws and policy-making efforts and the increased pace of commercialisation in the space sector as the driving force of international law-making. It then notes the absence of a clear-cut national legislation in China governing space operations linked to resource extraction from celestial bodies. The paper argues that China, as a major space-faring and a developing country, is poised to have an assertive voice in international space law-making. It shows how a stronger national legal framework, coupled with international law and policy-making efforts, can elevate China’s contribution in international space law—in particular regarding space resource extraction and utilisation.
Evaluating changes in the well-being of older adults during the COVID-19 pandemic: a longitudinal cohort study
Authors: Besselink Djoeke , Herber Gerrie-Cor M , van der Lucht Fons , Sealy Martine J , Krijnen Wim P , Jager-Wittenaar Harriët , Finnema Evelyn J
Published: August 2024

The COVID-19 pandemic affected the lives of older adults. Yet, little is known about changes in well-being among older adults during the pandemic, especially when COVID-19 measures were relaxed. Therefore, we aimed to assess changes in the well-being of older adults during multiple turning points of the pandemic. This longitudinal study included data from Dutch older adults (≥65 years old) participating in the Lifelines COVID-19 cohort. Data consisted of seven questionnaires, administered every 2–4 months between May 2020 and October 2021. The outcomes were quality of life (n = 14 682), physical fitness (n = 14 761), and feelings of isolation (n = 14 611), all graded on a scale from 0 to 10. Changes in well-being were analysed by multivariable linear mixed-effects models. The context of measures was described using the Government Stringency Index. Quality of life and feelings of isolation decreased when measures were tightened and increased when measures were relaxed. For example, when measures relaxed after the first lockdown in May 2020, quality of life increased by 0.23 [95% confidence interval (CI): 0.16–0.29] towards July 2020. Physical fitness decreased by 0.26 [95% CI: 0.15–0.37] during the study period. Differences between subsamples were not found, except for sex in feelings of isolation, which differences diminished after a period of relaxed measures. Changes in quality of life and feelings of isolation improved after periods of stringent COVID-19 measures. Physical fitness did not improve after measures were relaxed, suggesting a possible negative effect of the pandemic on the physical fitness of older adults.
Necessary and sufficient conditions for avoiding Babuška’s paradox on simplicial meshes
Authors: Bartels Sören , Tscherner Philipp
Published: August 2024

It is shown that discretizations based on variational or weak formulations of the plate bending problem with simple support boundary conditions do not lead to the failure of convergence when polygonal domain approximations are used and the imposed boundary conditions are compatible with the nodal interpolation of the restriction of certain regular functions to approximating domains. It is further shown that this is optimal in the sense that a full realization of the boundary conditions leads to failure of convergence for conforming methods. The abstract conditions imply that standard nonconforming and discontinuous Galerkin methods converge correctly while conforming methods require a suitable relaxation of the boundary condition. The results are confirmed by numerical experiments.
Trends and Patterns of HIV Transmitted Drug Resistance in China From 2018 to 2023
Authors: Ye Jingrong , Dong Yuan , Lan Yun , Chen Jing , Zhou Ying , Liu Jinjin , Yuan Dan , Lu Xinli , Guo Weigui , Zheng Minna , Yang Hong , Song Xiao , Liu Cong , Zhou Quanhua , Zheng Chenli , Guo Qi , Yang Xiaohui , Zhang Lincai , Ge Zhangwen , Liu Lifeng , Yu Fengting , Han Yang , Huang Huihuang , Hao Mingqiang , Ruan Yuhua , Wu Jianjun , Li Jianjun , Chen Qiang , Ning Zhen , Ling Xuemei , Zhou Chang , Liu Xuangu , Bai Jianyun , Gao Ya , Tong Xue , Zhou Kangping , Mei Fanghua , Yang Zhengrong , Wang Ao , Wei Wei , Qiao Ruijuan , Luo Xinhua , Huang Xiaojie , Wang Juan , Shen Xin , Hu Fengyu , Zhang Linglin , Tan Wei , Fan Jixiang , Tu Aixia , Yu Guolong , Fang Yong , He Shufang , Chen Xin , Wu Donglin , Zhang Xinhui , Xin Ruolei , He Xin , Ren Xianlong , Xu Conghui , Sun Yanming , Li Yang , Liu Guowu , Li Xiyao , Duan Junyi , Huang Tao , Shao Yiming , Feng Yi , Pan Qichao , Su Bin , Jiang Tianjun , Zhao Hongxin , Zhang Tong , Chen Faqing , Hu Bing , Wang Hui , Zhao Jin , Cai Kun , Sun Wei , Gao Baicheng , Ning Tielin , Liang Shu , Huo Yuqi , Fu Gengfeng , Li Feng , Lin Yi , Xing Hui , Lu Hongyan
Published: August 2024

Background

National treatment guidelines of China evolving necessitates population-level surveillance of transmitted drug resistance (TDR) to inform or update HIV treatment strategies.

Methods

We analyzed the demographic, clinical, and virologic data obtained from people with HIV (PWH) residing in 31 provinces of China who were newly diagnosed between 2018 and 2023. Evidence of TDR was defined by the World Health Organization list for surveillance of drug resistance mutations.

Results

Among the 22 124 PWH with protease and reverse transcriptase sequences, 965 (4.36%; 95% CI, 4.1–4.63) had at least 1 TDR mutation. The most frequent TDR mutations were nonnucleoside reverse transcriptase inhibitor (NNRTI) mutations (2.39%; 95% CI, 2.19%–2.59%), followed by nucleoside reverse transcriptase inhibitor mutations(1.35%; 95% CI, 1.2%–1.5%) and protease inhibitor mutations (1.12%; 95% CI, .98%–1.26%). The overall protease and reverse transcriptase TDR increased significantly from 4.05% (95% CI, 3.61%–4.52%) in 2018 to 5.39% (95% CI, 4.33%–6.57%) in 2023. A low level of integrase strand transfer inhibitor TDR was detected in 9 (0.21%; 95% CI, .1%–.38%) of 4205 PWH.

Conclusions

Presently, the continued use of NNRTI-based first-line antiretroviral therapy regimen for HIV treatment has been justified.
Pamidronate for pain in adult chronic nonbacterial osteitis: protocol of a randomized, double-blind, placebo-controlled trial
Authors: Leerling Anne T , Cañete Ana Navas , Smit Frits , Hamdy Neveen A T , van de Burgt Alina , Appelman-Dijkstra Natasha M , Dekkers Olaf M , Winter Elizabeth M
Published: August 2024

Chronic nonbacterial osteitis (CNO) is a rare auto-inflammatory bone disease affecting children and adults. Adult CNO is characterized by painful bone lesions, primarily of the anterior chest wall. There is no approved therapy for adult CNO. Current off-label treatments include intravenous bisphosphonates, which have been shown to alleviate pain through decreasing bone turnover. However, no adequately powered randomized controlled trials (RCTs) have been conducted. This double-blind, placebo-controlled RCT investigates the efficacy of intravenous pamidronate to decrease bone pain in adult CNO patients. Recruiting at the Dutch national referral center for CNO, adult patients with persistent bone pain despite non-steroidal anti-inflammatory drugs, or optionally other standard-of-care treatments are randomized to receive two courses of intravenous pamidronate (at 0 and 3 mo, 30 mg daily, on 3 consecutive d) or placebo. From 6 mo onwards, all patients receive open-label pamidronate for another two courses. The primary outcome is change in score for maximum pain from 0 to 6 mo. Secondary outcomes include change in quantitative intralesional bone turnover as measured on sodium-fluoride positron emission computed tomography ([18F]NaF-PET/CT), inflammation markers, shoulder function, general health, quality of life, fatigue, physical, and work activity. The pamidronate for pain in adult chronic nonbacterial osteitis trial addresses the need for evidence-based treatments in adult CNO. Results will directly impact daily clinical practice, either validating the use of intravenous pamidronate in CNO at the dose used in this trial or prompting the search for alternative regimens or agents. This trial was registered in EudraCT (reference 2020-001068-27) and the Dutch Trial Register (reference NL68020.058.20).
Beyond population size: Whole-genome data reveal bottleneck legacies in the peninsular Italian wolf
Authors: Battilani Daniele , Gargiulo Roberta , Caniglia Romolo , Fabbri Elena , Madrigal Jazmín Ramos- , Fontsere Claudia , Ciucani Marta Maria , Gopalakrishnan Shyam , Girardi Matteo , Fracasso Ilaria , Mastroiaco Matteo , Ciucci Paolo , Vernesi Cristiano
Published: August 2024

Preserving genetic diversity and adaptive potential while avoiding inbreeding depression is crucial for the long-term conservation of natural populations. Despite demographic increases, traces of past bottleneck events at the genomic level should be carefully considered for population management. From this perspective, the peninsular Italian wolf is a paradigmatic case. After being on the brink of extinction in the late 1960s, peninsular Italian wolves rebounded and recolonized most of the peninsula aided by conservation measures, including habitat and legal protection. Notwithstanding their demographic recovery, a comprehensive understanding of the genomic consequences of the historical bottleneck in Italian wolves is still lacking. To fill this gap, we sequenced whole genomes of 13 individuals sampled in the core historical range of the species in Central Italy to conduct population genomic analyses, including a comparison with wolves from two highly-inbred wolf populations (i.e. Scandinavia and Isle Royale). We found that peninsular Italian wolves, despite their recent recovery, still exhibit relatively low genetic diversity, a small effective population size, signatures of inbreeding, and a non-negligible genetic load. Our findings indicate that the peninsular Italian wolf population is still susceptible to bottleneck legacies, which could lead to local inbreeding depression in case of population reduction or fragmentations. This study emphasizes the importance of considering key genetic parameters to design appropriate long-term conservation management plans.
Measuring the quality of care in metastatic colorectal cancer: a scoping review of quality indicators
Authors: Dunn Catherine , Halpern Michael T , Sapkaroski Daniel , Gibbs Peter
Published: August 2024

Background

Quality indicators are essential for measuring and benchmarking the quality of cancer care. Although there are well-established metrics for early-stage colorectal cancer (CRC), few exist for advanced CRC. This scoping review aimed to collate and review all quality indicators for metastatic CRC.

Methods

A dedicated search was performed of Web of Science, PubMed, CINAHL, and relevant gray literature to identify quality indicators for metastatic CRC, evaluating the diagnostic workup, systemic anticancer treatments, surgical approaches, radiation approaches, supportive care, and palliative or terminal care provided to patients.

Results

We identified 11 articles, of which 5 were systematized reviews and 6 concerned the development, validation, or operationalization of quality indicators. Thirty-five distinct quality indicators for metastatic CRC were extracted across 6 domains of care: 1) diagnosis, staging, and treatment planning; 2) systemic anticancer treatment; 3) radiation oncology; 4) surgical approaches; 5) supportive care; and 6) palliative and end-of-life care, with a general quality indicator of overall survival. Of the 35 quality indicators extracted, 8 (23%) were unique to metastatic CRC and 27 (77%) were generic quality indicators across different tumor types but applicable to metastatic CRC.

Conclusion

There are few quality indicators specifically relevant to metastatic CRC. Those that do exist are generally generic process measures used across tumor types and do not measure the nuance or complexity of current multidisciplinary treatment of patients with metastatic CRC.
Association between marginal part-time work and depressive symptoms: results from the sixth Korean Working Conditions Survey and the European Working Conditions Telephone Survey
Authors: Yang Munyoung , Choi Min , Kang Mo-Yeol
Published: August 2024

Objectives

Marginal part-time workers, working less than 15 hours per week, are a vulnerable working population. We investigated the association between marginal part-time work and depressive symptoms in Korea and European countries to suggest policy implications.

Methods

This study used data from the sixth Korean Working Conditions Survey (KWCS) from 2020 to 2021 and European Working Conditions Telephone Survey (EWCTS) in 2021. For the KWCS, 31 789 participants were included in the analysis, and for the EWCTS, 59 070 participants were analyzed. Depressive symptoms were assessed using the World Health Organization Five Well-Being Index (WBI-5). A multiple logistic regression analysis was conducted to assess the association between marginal part-time work and depressive symptoms with KWCS and EWCTS data.

Results

In Korea, there was a statistically significant association between depressive symptoms and marginal part-time work. On the other hand, in European countries, the association was not remarkable. Low income and employment instability partially mediated the relationship between marginal part-time work and depressive symptoms in Korea. Conclusions. Korean marginal part-time workers face systemic discrimination related to job insecurity and financial rewards, which appear to contribute to depressive symptoms.
CISG and Data Trading
Authors: Schwenzer Ingeborg , Schroeter Ulrich G
Published: August 2024

This chapter involves cross-border data trading. While formation of contracts by electronic means of communication (e-commerce) is a common occurrence under the CISG, questions regarding contract classification, validity of contracts for data, the latter’s classification as goods and materialization respectively as well as discussion in property law have intensified. This includes the question of whether there even can be title in data at all. The chapter thus closely examines the relationship between the CISG and data trading across the CISG’s provisions. It considers the CISG’s scope of application across territories and subject matter, before turning to questions relating to validity as well as delivery and passing of risk. The chapter also addresses the non-conformity of data and remedies.
Exclusion or derogation by the parties (party autonomy)
Authors: Schwenzer Ingeborg , Schroeter Ulrich G
Published: August 2024

This chapter deals with Article 6. The provision enshrines the principle of party autonomy in that it leaves it to the parties’ discretion to determine if they wish to exclude the application of the CISG or adapt it to their particular circumstances. Article 6 expresses the opting-out approach the Convention uses, in that its default applicability is subject to party agreement. An agreement on the exclusion of the CISG may be explicit or implicit. Arguing on the basis of domestic law in course of legal proceedings as such does not amount to an exclusion. Neither does the choice of the law of a Contracting State. Whether an exclusion of the CISG is advisable depends on the circumstances and interests of a party in a given case; a standardized exclusion is not advisable. In practice the most frequent derogation from the CISG is the use of Incoterms. In such case the Convention is not entirely excluded, the agreement of the parties on deviating terms supplants the CISG only as far as such terms reach.
Place of business
Authors: Schwenzer Ingeborg , Schroeter Ulrich G
Published: August 2024

This chapter deals with Article 10. The provision supplements the internationality aspect in Article 1 in that it addresses the situation where at least one of the parties has more than one place of business distributed over more than one country, including the country where the counterparty has its relevant place of business. The internationality of the sales contract, and hence the applicability of the CISG, then depends on which place of business is most closely connected to the contract and its performance. The closest connection test is a fact-driven exercise. In case of doubt, the majority view relies on the place of business that concluded the contract. If that place of business is in a different country from the relevant place of business of the counterparty, the sales contract is international and the CISG applicable. If it is in the same country the CISG does not apply for lack of internationality.
Time of contract conclusion
Authors: Schwenzer Ingeborg , Schroeter Ulrich G
Published: August 2024

This chapter takes a look at Article 23. Article 23 states the moment at which a sales contract is concluded under the Convention. The rule in Article 23 is self-evident, since the time when the contract is concluded in case of the ‘traditional’ contract formation procedure is already fixed by Article 18(2), sentence 1 or by Article 18(3). The provision is accordingly of a merely clarifying nature, in that it expressly states that the moment when an acceptance becomes effective equals the moment of contract formation. Article 23 itself does not define when an acceptance becomes effective, but refers to unspecified ‘provisions of this Convention’ for this purpose.
Dispatch principle
Authors: Schwenzer Ingeborg , Schroeter Ulrich G
Published: August 2024

This chapter looks into Article 27 which primarily focuses on communication. It explains the importance of implementing the dispatch theory as a risk allocation rule as it encompasses domestic laws, and some declarations made during contract performance and contractual breaches. The dispatch principle can be justified through either the addressee’s failure to perform the contract or questions of doubt. Article 27 covers the risk of loss, delay, or error during the communication’s transmission. The chapter also tackles the declaring party’s exemptions from transmission risks such as means of communications, language, and dispatch. It includes the legal consequences of communication loss, late arrival, and error.
Seller’s obligations in respect of carriage of goods
Authors: Schwenzer Ingeborg , Schroeter Ulrich G
Published: August 2024

This chapter expounds on the obligations in respect of the carriage of goods in Article 32. It notes how Article 32 covers the matters of notice of consignment, insurance, and conclusion of the carriage contract with the carrier. Additionally, the seller is the one responsible for concluding the contract of carriage with the carrier. The chapter also includes the requirements of using a third party for carriages such as freight forwarder, sub-carrier, and supplier. Article 32 also indicates that the seller must give the buyer all available information required to effect insurance. If they fail to do so, they are liable to the breach of Article 25.
Seller’s right to cure prior to date for delivery
Authors: Schwenzer Ingeborg , Schroeter Ulrich G
Published: August 2024

This chapter focuses on Article 37 wherein the buyer could retain their rights to claim damages even where defects have been fixed. The emphasis on Article 37 lies on the limits of the right to permit curing defects where delivery is premature. The seller only has an unrestricted right to cure defects under Article 37 in the case of premature delivery. However, the right to remedy defects and conformity falls under Article 48 if the delivery did not take place before the due date. The chapter also notes the types of cure such as making up for any deficiency, delivery of replacement goods, and remedying lack of conformity.
Seller’s awareness of non-conformity
Authors: Schwenzer Ingeborg , Schroeter Ulrich G
Published: August 2024

This chapter looks into the seller’s knowledge of lack of conformity. The CISG is proven to be more favourable towards the buyer than the Germanic legal systems as it only recognizes an exemption to the principle of failing to give notice on defects resulting in a loss of remedies. Article 40 is also commonly known as the buyer’s ‘safety valve’. The assumption of the seller could not have been unaware indicated more than gross negligence and lack of conformity. The burden of proof shifts onto the seller if the buyer can prove that the lack of conformity resulted from the seller’s sphere of responsibility.
Buyer’s right to reduce price
Authors: Schwenzer Ingeborg , Schroeter Ulrich G
Published: August 2024

This chapter covers the rules of price reduction in Article 50. The price reduction regulated in Article 50 is a legal institution of the continental European legal systems. In line with the principle behind price reduction, the buyer may keep non-conforming goods delivered by the seller. The chapter clarifies price reduction as an adjustment of the contract which is limited by the absolute right to claim damages. It highlights how Article 50 is only applicable if the goods do not conform with the contract. Moreover, the buyer is required to provide a timely notice of defect and non-conformity to claim a price reduction.
Buyer’s remedies in case of partial non-performance
Authors: Schwenzer Ingeborg , Schroeter Ulrich G
Published: August 2024

This chapter lays down the supplementary rules which clarify the situation where a seller delivers only a part of the goods sold or where only a part of the goods delivered is in conformity with the contract. It underscores four important points: that generally, the buyer’s remedies are restricted to the missing part; that the contract may also be avoided in part; that the contract may be avoided in its entirety only if the partial failure to perform amounts to a fundamental breach of contract in relation to the contract in its entirety; and lastly, that the buyer may claim compensation according to Article 45(1)(b) for every loss suffered due to the partial non-performance.
Time of payment; principle of payment against goods or documents
Authors: Schwenzer Ingeborg , Schroeter Ulrich G
Published: August 2024

This chapter discusses the general principle of the Convention that payment and the handing over of the documents or goods are concurrent conditions, which means that the goods or the documents are to be simultaneously exchanged for the price. It also determines when the purchase price becomes due. To determine the time of payment, Article 58 uses a three-step approach: first, it is up to the parties to agree on the time of payment; second, if the parties have not agreed on a specific time for the payment of the purchase price, the buyer must pay it when the seller places either the goods or the documents controlling their disposition at the buyer’s disposal; and third, unless inconsistent with the agreed schedule for delivery and payment, the buyer may briefly examine the goods prior to payment and thereby defer payment by a short period of time. The chapter considers the cases of contracts involving carriage of goods, goods in transit, and contracts involving goods stored in a third-party warehouse. Furthermore, it looks at the legal consequences resulting from the time of payment.
Buyer’s obligation to take delivery
Authors: Schwenzer Ingeborg , Schroeter Ulrich G
Published: August 2024

This chapter discusses the buyer’s obligation to take delivery of the goods. Article 60 states that this obligation consists in doing all the acts which could reasonably be expected of him or her in order to enable the seller to make delivery, and in taking over the goods. Taking over the goods means that the buyer must take physical possession of them. Furthermore, the chapter lays down the acts enabling the seller to make delivery. The scope of the discussion also covers retention rights, tackling the several cases that the buyer has the right to withhold his cooperation with the delivery by the seller. This includes premature delivery, excess quantity, late delivery, non-conforming goods, and non-conforming documents.
Seller’s remedies for buyer’s breach of contract
Authors: Schwenzer Ingeborg , Schroeter Ulrich G
Published: August 2024

This chapter focuses on the seller’s remedies and right to claim damages should the buyer fail to perform any of his or her obligations under the contract or the Convention. It also emphasizes that no period of grace may be granted to the buyer by a court or arbitral tribunal when the seller resorts to a remedy for breach of contract. The chapter reviews the retention rights of the seller, penalties, anticipatory breach, and breach of instalment contracts. It also looks at the scenario wherein the buyer will be exempted from liability: if he or she proves that the failure was due to an impediment beyond his or her control. Furthermore, the chapter discusses the buyer’s right to set off his or her claim against that of the seller.
Seller’s notice fixing additional time for performance
Authors: Schwenzer Ingeborg , Schroeter Ulrich G
Published: August 2024

This chapter underscores that the seller may fix an additional period of time of reasonable length for performance by the buyer of his obligations. Unless the seller has received notice from the buyer that he will not perform within the period so fixed, the seller may not, during that period, resort to any remedy for breach of contract. However, the seller is not deprived thereby of any right he may have to claim damages for delay in performance. In the event of fruitless expiration of the additional period of time or the seller receives notice from the buyer that the buyer will not perform within the period so fixed, the provisional preclusion of the seller’s other remedies is lifted. The chapter discusses the prerequisites for giving notice of an additional period of time for performance under Article 63. It emphasizes that such notice can generally not be given by the seller prior to the due date of the respective obligation of the buyer. Furthermore, the chapter lays down the requirements as to the content of the notice: a fixed period of time and a period of time of reasonable length.
Calculation of damages in case of avoidance and substitute transaction
Authors: Schwenzer Ingeborg , Schroeter Ulrich G
Published: August 2024

This chapter tackles Article 75, which deals with the concrete calculation of non-performance loss when the contract has been avoided. The promisee can calculate its expectation interest by relying on a substitute transaction that it has entered into after the contract was avoided. A buyer entitled to damages can then claim the difference between the contract price and the higher price of the substitute purchase as non-performance loss; a seller entitled to damages can claim the difference between the contract price and the lower price of the substitute sale as non-performance loss. The discussion underscores that Article 75 is only applicable if the promisee has entered a substitute transaction; the mere possibility of doing so is not sufficient. A substitute transaction may only be made after the sales contract has been avoided. Furthermore, it emphasizes that a calculation of loss on the basis of Article 75 is permitted only if the substitute transaction was carried out in a reasonable manner.
Exemption from liability for damages
Authors: Schwenzer Ingeborg , Schroeter Ulrich G
Published: August 2024

This chapter talks about Article 79, wherein a party is not liable for a failure to perform any of its obligations if proven that the failure was due to an impediment beyond one’s control. If the party’s failure is due to the failure by a third person whom one has engaged to perform the whole or a part of the contract, that party can be exempt from liability. It highlights the exemption that only has effect for the period during which the impediment exists. The chapter emphasizes that a party who fails to perform must give notice to the other party of the impediment and its effect on one’s ability to perform. If the notice is not received by the other party within a reasonable time after the party who fails to perform have known of the impediment, one is liable for damages resulting from such non-receipt.
Witness Clause
Authors: Schwenzer Ingeborg , Schroeter Ulrich G
Published: August 2024

This chapter discusses the ‘witness clause’, which is a classic final provision found in almost every private law-making treaty. The witness class states four details about the diplomatic ceremony at which the Sales Convention’s text was formally adopted: the place (Vienna), the date (11 April 1980), the text’s six authentic languages, and a reference to the undersigned plenipotentiaries representing the signatory States. It considers the place and date of adoption as commonly used in practice when referring to the Sales Convention, although they are not formally part of the Convention’s title. The chapter emphasizes one of the components of the witness clause, wherein only the designation of the authentic languages has importance for the Convention’s practical application. The Sales Convention’s witness clause had predecessors in the 1964 Hague Sales Conventions, where the witness clauses only declared two authentic language versions (English and French) as authentic.
Examining the effects of dark matter spikes on eccentric intermediate-mass ratio inspirals using N-body simulations
Authors: Mukherjee Diptajyoti , Holgado A Miguel , Ogiya Go , Trac Hy
Published: August 2024

Recent studies suggest that dark matter (DM) spikes around intermediate-mass black holes could cause observable dephasing in gravitational wave (GW) signals from intermediate-mass ratio inspirals (IMRIs). Previous research primarily used non-self-consistent analytic methods to estimate the impact of DM spikes on eccentric IMRIs. Our study provides the first self-consistent treatment of this phenomenon using N-body simulations, incorporating post-Newtonian effects up to the 2.5 order for accurate and robust results. Contrary to prior works, which posited that the cumulative effect of two-body encounters (dynamical friction; DF) is the primary mechanism for energy dissipation, we reveal that a three-body effect (slingshot mechanism) plays a more significant role in driving the binary system’s energy loss and consequent orbital shrinkage. We find that binaries counter-rotating with respect to the DM spike merge faster, while corotating binaries merge slower, contrary to expectations from the DF theory. Using Fokker–Planck methods, we also assess the presence and detectability of spikes in realistic environments. When interacting with surrounding materials, DM spikes can have shallower slopes and lower densities than previously considered, leading to smaller signals and lower detection prospects via dephasing. Our results suggest that ‘deshifting’ rather than dephasing might be a more optimistic signature, as it is more robust even in low-density environments.
The MAGPI Survey: the evolution and drivers of gas turbulence in intermediate-redshift galaxies
Authors: Mai Yifan , Croom Scott M , Wisnioski Emily , Vaughan Sam P , Varidel Mathew R , Battisti Andrew J , Mendel J Trevor , Mun Marcie , Tsukui Takafumi , Foster Caroline , Harborne Katherine E , Lagos Claudia D P , Wang Di , Bellstedt Sabine , Bland-Hawthorn Joss , Colless Matthew , D’Eugenio Francesco , Grasha Kathryn , Peng Yingjie , Santucci Giulia , Sweet Sarah M , Thater Sabine , Valenzuela Lucas M , Ziegler Bodo
Published: August 2024

We measure the ionized gas velocity dispersions of star-forming galaxies in the MAGPI survey ($z\sim 0.3$) and compare them with galaxies in the SAMI ($z\sim 0.05$) and KROSS ($z\sim 1$) surveys to investigate how the ionized gas velocity dispersion evolves. For the first time, we use a consistent method that forward models galaxy kinematics from $z=0$ to $z=1$. This method accounts for spatial substructure in emission line flux and beam smearing. We investigate the correlation between gas velocity dispersion and galaxy properties to understand the mechanisms that drive gas turbulence. We find that in both MAGPI and SAMI galaxies, the gas velocity dispersion more strongly correlates with the star-formation rate surface density ($\Sigma _{\rm SFR}$) than with a variety of other physical properties, and the average gas velocity dispersion is similar, at the same $\Sigma _{\rm SFR}$, for SAMI, MAGPI, and KROSS galaxies. The results indicate that mechanisms related to $\Sigma _{\rm SFR}$ could be the dominant driver of gas turbulence from $z\sim 1$ to $z\sim 0$, for example, stellar feedback and/or gravitational instability. The gas velocity dispersion of MAGPI galaxies is also correlated with the non-rotational motion of the gas, illustrating that in addition to star-formation feedback, gas transportation and accretion may also contribute to the gas velocity dispersion for galaxies at $z\sim 0.3$. KROSS galaxies only have a moderate correlation between gas velocity dispersion and $\Sigma _{\rm SFR}$ and a higher scatter of gas velocity dispersion with respect to $\Sigma _{\rm SFR}$, in agreement with the suggestion that other mechanisms, such as gas transportation and accretion, are relatively more important at higher redshift galaxies.
ADARp150 counteracts whole genome duplication
Authors: van Gemert Frank , Drakaki Alexandra , Lozano Isabel Morales , de Groot Daniël , Uiterkamp Maud Schoot , Proost Natalie , Lieftink Cor , van de Ven Marieke , Beijersbergen Roderick L , Jacobs Heinz , te Riele Hein
Published: August 2024

Impaired control of the G1/S checkpoint allows initiation of DNA replication under non-permissive conditions. Unscheduled S-phase entry is associated with DNA replication stress, demanding for other checkpoints or cellular pathways to maintain proliferation. Here, we uncovered a requirement for ADARp150 to sustain proliferation of G1/S-checkpoint-defective cells under growth-restricting conditions. Besides its well-established mRNA editing function in inversely oriented short interspersed nuclear elements (SINEs), we found ADARp150 to exert a critical function in mitosis. ADARp150 depletion resulted in tetraploidization, impeding cell proliferation in mitogen-deprived conditions. Mechanistically we show that ADAR1 depletion induced aberrant expression of Cyclin B3, which was causative for mitotic failure and whole-genome duplication. Finally, we find that also in vivo ADAR1-depletion-provoked tetraploidization hampers tumor outgrowth.