bluuebunny/crossref_metadata_2025 huggingface dataset:
Study of travel shuttle mode in supporting connectivity between strategic tourist attractions in South Lampung Regency
Authors: Ibad Muhammad Zainal , Amanda Destri , Sulistyorini Rahayu , Ekaputra Reza Asriandi , Saraswati Zenia F , Pratama Muhammad Alfat Rizki , Antiqasari Salwa Nabilla
Published: May 2022

The development of the tourism sector depends a lot on the availability of transportation. The advancement of transportation facilities will drive the progress of the tourism sector and vice versa. The formulation of the problem in this study is how the study of tourist shuttle mode in supporting connectivity between the leading tourist attractions in South Lampung Regency to review the mode of shuttle tourism in support of connectivity between the leading tourist attractions in South Lampung Regency. This study uses descriptive statistical methods, trip distribution methods, and analysis of travel shuttle plans. To support the potential - a potential tourist attraction in South Lampung Regency needed a mode of transportation that can connect the location of one tourist attraction with the location of other tourist attractions so that the public is easier and not only dependent on private transportation. Based on the research, the planned mode of the tourist shuttle will connect six tourist attraction locations with a considerable demand for tourists among other tourist attractions in South Lampung Regency. So the result of this study is formed travel patterns and travel shuttle transportation planning to support connectivity between tourist attractions.
Analysis of air pollen monitoring results in Perm and determination of main directions of pollen grain transfer
Authors: Novoselova L V , Shvarts K G , Shklyaev V A
Published: May 2022

This paper considers the atmospheric transport of pollen grains of 15 allergenic plant species. An analysis of monitoring results reveals that the most significant numbers of pollen grains refer to birch, nettle, pine, and poplar. Seasonal changes in the numbers of pollen grains have shown that the pollen of elm, blooming in April, is brought from neighboring regions. In May, the main amounts of the bioaerosol are given by birch, maple, spruce, pine, poplar, oak, and hazel. In the period from June to August, the sources of pollen emissions are cereals, nettles, wormwood, sorrel, and plantain. A good quantitative relationship has been revealed between the contents of pollen grains of plantain and sorrel; cereals and wormwood; cereals and nettles; hazel and plantain. A significant, but less close negative relationship has been found between the numbers of pollen grains of poplar and maple. To account for the wind direction accompanying the transfer of the bioaerosol, daily radio sensing data for the period from April to August, 2010 to 2019, are used. As the main direction of transfer, the level of 925 hPa is chosen, which corresponds to heights from 500 to 900 m. These grouped data allow us to obtain "wind rose" diagrams combined with relative numbers of pollen grains of different species. An analysis of the thus obtained diagrams shows that in some years the highest concentration of birch pollen grains in May may not correspond to the prevailing direction of the main transport, which may be due to the influence of less distant emission sources.
Comparative computational performance of two different techniques for calculation of the sea surface height in a climate ocean model
Authors: Blagodatskikh D V , Onoprienko V A , Mortikov E V , Iakovlev N G
Published: May 2022

A modern trend in computational ocean modelling is based on an implicit calculation of the sea surface height, whereby a diagnostic equation is solved. In deriving this equation, in the INMCM5 climate model a time-stepping scheme used, where the stage of adjustment of the Coriolis force to the barotropic gradient is modeled separately, thereby leading to a two-dimensional system of equations with three independent variables. In this paper, an approach to derivation of the sea surface height equation in the climate ocean model is proposed, which allows a reduction of the independent variables from three to one. The computational efficiency of both methods is compared using an analytical solution for the equatorial baroclinic Kelvin wave as a test.
The role of background diffusivity and mean subsidence in the temperature stratification in the Mozhaysk reservoir according to the LAKE 2.3 model
Authors: Lomov V A , Stepanenko V M , Gladskikh D S
Published: May 2022

This paper presents the results of numerical experiments carried out with a one-dimensional hydrodynamic model, LAKE 2.3. To accurately reproduce the cycle of biological processes in a reservoir, correct calculation of the thermodynamic regime is necessary. This paper considers the influence of background diffusion, vertical advection, and the inflows, outflows, and level fluctuations on the formation of a thermal regime in a reservoir using data on the Mozhaysk artificial reservoir as an example. A series of numerical experiments has been carried out to switch on/off these effects in the model and subsequently compare the results with the measurement data. The model adequately reproduces the field observations for the surface water horizon. For the near-bottom horizon, the quality of the simulation results strongly depends on the stratification. Also, in order to correctly reproduce the temperature variability near the bottom, it is necessary to calibrate the parameters of an empirical function that defines the additive background diffusion coefficient. In the future, the calibration of these parameters will make it possible to obtain results that are in better agreement with the field measurements, and thus improve the quality of the model reproduction of the thermal regime and, as a result, improve the accuracy of estimates of methane emissions into the atmosphere from reservoirs.
Dissipation process in eternal black holes
Authors: Tanaka Izumi
Published: May 2022

We consider the effect of the double trace deformation on the eternal black hole. On the boundary CFTs, the deformation can be considered the dissipation in the thermofield dynamics framework. In this framework, the entanglement operator describes the dissipation effect in boundary CFT. Corresponding to CFTs, the wormhole in spacetime and the defect in code subspace are formed as dissipative structures. These dissipative structures realize efficient processing through hierarchical information in the gravitational system. Further, the Fisher information metric renders the Lyapunov functional, which gives a criterion for the stability of the eternal black hole.
Pieces of a puzzle: solar-wind power synergies on seasonal and diurnal timescales tend to be excellent worldwide
Authors: Nyenah Emmanuel , Sterl Sebastian , Thiery Wim
Published: May 2022

Moving from fossil fuel-based electricity generation to renewable electricity generation is at the heart of current developments in power sectors worldwide. In this context, synergy assessment between renewable electricity sources is of great significance for local and regional power planning. Here we use synergy metrics (stability coefficient (Cstab) and normalised Pearson correlation coefficient (r) to a state-of-the-art reanalysis product from 2011–2020 to preliminarily assess solar-wind synergies globally on diurnal and seasonal time scales assuming equal installed capacities of solar and wind hybrid system. Our results suggest that medium-to-good diurnal and seasonal complementarities between solar photovoltaic and wind power potential are the norm, rather than the exception, which could help many countries in achieving balanced power mixes based on renewable resources. Our results also suggest that many regions in the tropics and sub tropics may need to explore synergic benefits of other renewables in addition to solar power. An open-access application is now available on the European Copernicus cloud to explore solar and wind synergies on diurnal and seasonal time scales worldwide.
Invited Commentary: The Use of Population Attributable Fractions in Studies of Vaccine Hesitancy
Authors: Wagner Abram L
Published: May 2022

Vaccine hesitancy—the delay or refusal of vaccines despite their availability—has been linked to lower vaccination rates and outbreaks of vaccine-preventable diseases. Using cross-sectional surveys of 78,725 parents and other family members in the United States, Nguyen et al. (Am J Epidemiol. 2022;191(9):1626-1635) calculated the population attributable fraction (PAF) of vaccine hesitancy on nonreceipt of recommended childhood vaccines, including influenza vaccine. The PAF is readily calculated: p(rr − 1)/rr, where p is the proportion of those hesitant among nonvaccinated individuals, and rr is the risk ratio of nonvaccination between those hesitant over those nonhesitant. By vaccine, the PAF ranged from 6.5% for nonreceipt of the hepatitis B vaccine birth dose to 31.3% for nonreceipt of the diphtheria-tetanus-pertussis vaccine dose 3. For nonreceipt of influenza vaccine, the PAF varied geographically, with relatively high values in some Northeast (e.g., New York at 22.6%) and Northwest (e.g., Oregon at 23.0%) states and lower values in certain Southern (e.g., Louisiana at 7.5%) and Mountain West (e.g., Utah at 8.8%) states. The PAF can elucidate the contribution of vaccine hesitancy on nonvaccination in different circumstances. Future studies can apply this technique in different populations and incorporate different measures of vaccine hesitancy.
Recent advances on the relationship between the delta-like noncanonical Notch ligand 1 system and central precocious puberty
Authors: Lin Yating , He Yuanyuan , Sun Wen , Wang Yonghong , Yu Jian
Published: May 2022

Precocious puberty, as a common pediatric endocrine disease, can be divided into central precocious puberty and peripheral precocious puberty, even though most cases of precocious puberty are diagnosed as central precocious puberty. According to its etiology, central precocious puberty can be further divided into organic and idiopathic central precocious puberty. However, the mechanisms of idiopathic central precocious puberty have not yet been fully elucidated. Currently, four genes, including the kisspeptin gene, the kisspeptin receptor gene, the makorin ring finger protein 3, and the delta-like noncanonical Notch ligand 1, have been implicated in central precocious puberty cases, of which delta-like noncanonical Notch ligand 1 has been determined to represent a key, recently found central precocious puberty-related gene. In this review, we will not only highlight the latest discoveries on the relationship between the delta-like noncanonical Notch ligand 1 system and central precocious puberty but also explore the involvement of the system as well as the Notch signaling pathway in central precocious puberty occurrence.
Reduced Odds of Severe Acute Respiratory Syndrome Coronavirus 2 Reinfection After Vaccination Among New York City Adults, July 2021–November 2021
Authors: Levin-Rector Alison , Firestein Lauren , McGibbon Emily , Sell Jessica , Lim Sungwoo , Lee Ellen H , Weiss Don , Geevarughese Anita , Zucker Jane R , Greene Sharon K
Published: May 2022

Background

Belief that vaccination is not needed for individuals with prior infection contributes to coronavirus disease 2019 (COVID-19) vaccine hesitancy. Among individuals infected with severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) before vaccines became available, we determined whether vaccinated individuals had reduced odds of reinfection.

Methods

We conducted a case-control study among adult New York City residents who tested positive for SARS-CoV-2 infection in 2020 and had not died or tested positive again >90 days after an initial positive test as of 1 July 2021. Case patients with reinfection during July 2021–November 2021 and controls with no reinfection were matched (1:3) on age, sex, timing of initial positive test in 2020, and neighborhood poverty level. Matched odds ratios (mORs) and 95% confidence intervals (CIs) were calculated using conditional logistic regression.

Results

Of 349 827 eligible adults, 2583 were reinfected during July 2021–November 2021. Of 2401 with complete matching criteria data, 1102 (45.9%) were known to be symptomatic for COVID-19-like illness, and 96 (4.0%) were hospitalized. Unvaccinated individuals, compared with individuals fully vaccinated within the prior 90 days, had elevated odds of reinfection (mOR, 3.21; 95% CI, 2.70 to 3.82), of symptomatic reinfection (mOR, 2.97; 95% CI, 2.31 to 3.83), and of reinfection with hospitalization (mOR, 2.09; 95% CI, .91 to 4.79).

Conclusions

Vaccination reduced odds of reinfections when the Delta variant predominated. Further studies should assess risk of severe outcomes among reinfected persons as new variants emerge, infection- and vaccine-induced immunity wanes, and booster doses are administered.
Susceptibility to Human Immunodeficiency Virus Type 1 Acquisition Linked to Malaria Exposure: A Case-Control Study
Authors: Kamau Edwin , Chaudhury Sidhartha , Bolton Jessica S , Slike Bonnie M , Jian Ningbo , Eller Michael A , Eller Leigh Anne , Ake Julie , Robb Merlin L , Krebs Shelly J , Bergmann-Leitner Elke S
Published: May 2022

Human immunodeficiency virus (HIV) and malaria infection rates overlap across sub-Saharan Africa, but factors influencing their co-occurrence are unclear. In a case-control study, we investigated whether malaria exposure increases risk of type 1 (HIV-1) acquisition. Prior to seroconverting, HIV-positive cases had significantly higher malaria-associated antibodies compared to HIV-negative controls, linking malaria exposure to HIV-1 acquisition.
Screening for Severe Acute Respiratory Syndrome Coronavirus 2 in Close Contacts of Individuals With Confirmed Infection: Performance and Operational Considerations
Authors: Zobrist Stephanie , Oliveira-Silva Michelle , Vieira Alexia Martines , Bansil Pooja , Gerth-Guyette Emily , Leader Brandon T , Golden Allison , Slater Hannah , Cruz Catherine Duran de Lucena , Garbin Eduardo , Sagalovsky Mariana , Pal Sampa , Gupta Vin , Wolansky Leo , Dall’Acqua Deusilene Souza Vieira , Naveca Felipe Gomes , Nascimento Valdinete Alves do , Salcedo Juan Miguel Villalobos , Drain Paul K , Costa Alexandre Dias Tavares , Domingo Gonzalo J , Pereira Dhélio
Published: May 2022

Background

Point-of-care and decentralized testing for severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) is critical to inform public health responses. Performance evaluations in priority use cases such as contact tracing can highlight trade-offs in test selection and testing strategies.

Methods

A prospective diagnostic accuracy study was conducted among close contacts of coronavirus disease 2019 (COVID-19) cases in Brazil. Two anterior nares swabs (ANS), a nasopharyngeal swab (NPS), and saliva were collected at all visits. Vaccination history and symptoms were assessed. Household contacts were followed longitudinally. Three rapid antigen tests and 1 molecular method were evaluated for usability and performance against reference reverse-transcription polymerase chain reaction (RT-PCR) on nasopharyngeal swab specimens.

Results

Fifty index cases and 214 contacts (64 household) were enrolled. Sixty-five contacts were RT-PCR positive during ≥1 visit. Vaccination did not influence viral load. Gamma variants were most prevalent; Delta variants emerged increasingly during implementation. The overall sensitivity of evaluated tests ranged from 33% to 76%. Performance was higher among symptomatic cases and those with cycle threshold (Ct) values <34 and lower among oligosymptomatic or asymptomatic cases. Assuming a 24-hour time to results for RT-PCR, the cumulative sensitivity of an anterior nares swab rapid antigen test was >70% and almost 90% after 4 days.

Conclusions

The near-immediate time to results for antigen tests significantly offsets lower analytical sensitivity in settings where RT-PCR results are delayed or unavailable.
Impact of a telemedicine system on work burden and mental health of healthcare providers working with COVID-19: a multicenter pre-post prospective study
Authors: Kagiyama Nobuyuki , Komatsu Takayuki , Nishikawa Masanori , Hiki Makoto , Kobayashi Mariko , Matsuzawa Wataru , Daida Hiroyuki , Minamino Tohru , Naito Toshio , Sugita Manabu , Miyazaki Kunihisa , Anan Hideaki , Kasai Takatoshi
Published: May 2022

Background

The coronavirus disease 2019 (COVID-19) pandemic impacts not only patients but also healthcare providers. This study seeks to investigate whether a telemedicine system reduces physical contact in addressing the COVID-19 pandemic and mitigates nurses’ distress and depression.

Methods

Patients hospitalized with COVID-19 in 4 hospitals and 1 designated accommodation measured and uploaded their vital signs to secure cloud storage for remote monitoring. Additionally, a mat-type sensor placed under the bed monitored the patients’ respiratory rates. Using the pre-post prospective design, visit counts and health care providers’ mental health were assessed before and after the system was introduced.

Results

A total of 100 nurses participated in the study. We counted the daily visits for 48 and 69 patients with and without using the telemedicine system. The average patient visits were significantly less with the system (16.3 [5.5–20.3] vs 7.5 [4.5–17.5] times/day, P = .009). Specifically, the visit count for each vital sign assessment was about half with the telemedicine system (all P < .0001). Most nurses responded that the system was easy to use (87.1%), reduced work burden (75.2%), made them feel relieved (74.3%), and was effective in reducing the infection risk in hospitals (79.1%) and nursing accommodations (95.0%). Distress assessed by Impact of Event Scale-Revised and depression by Patient Health Questionnaire-9 were at their minimum even without the system and did not show any significant difference with the system (P = .72 and .57, respectively).

Conclusions

Telemedicine-based self-assessment of vital signs reduces nurses’ physical contact with COVID-19 patients. Most nurses responded that the system is easy and effective in reducing healthcare providers’ infection risk.
Meta-analysis of the effects of the dietary application of exogenous alpha-amylase preparations on performance, nutrient digestibility, and rumen fermentation of lactating dairy cows
Authors: Pech-Cervantes Andres A , Ferrarretto Luiz F , Ogunade Ibukun M
Published: May 2022

Several studies have evaluated the effects of the dietary application of exogenous alpha-amylase preparations (AMA) as a strategy to increase total tract starch digestibility (TTSD) and milk yield (MY) in dairy cows, but the results have been inconsistent. Thus, the objective of this study was to evaluate the effects of the dietary application of AMA on the performance, digestibility, and rumen fermentation of lactating dairy cows using a meta-analytic method. A total of 18 peer-reviewed manuscripts (N = 32 treatment comparisons) from 2003 to 2019 were systematically identified following the PRISMA method. The weighted raw mean differences between dietary AMA and control treatments were compared with a robust variance estimation. Likewise, diet characteristics like crude protein (CP) content, NDF content, starch content, days in milk (DIM), experimental design (Latin square and continuous), and AMA dose (0 to 732 Kilo Novo units [KNU]/kg TMR) were used as covariates in a meta-regression, subgrouping, and dose–response analysis. Compared to the control, dietary AMA increased (P < 0.05) DM digestibility (69.32% vs. 68.30%), TTSD (94.62% vs. 94.10%), milk protein concentration and yield (3.11% vs. 3.08%; 1.14 vs. 1.10 kg/d) and tended to increase (P = 0.09) fat-corrected milk (35.96 vs. 35.10 kg/d), but no effects were observed on DM intake (22.99 vs. 22.90 kg/d) and feed efficiency (1.50 vs. 1.48). Dietary AMA tended (P = 0.10) to reduce rumen pH (6.27 vs. 6.30). Both the enzyme dose and DIM strongly influenced (P < 0.05) the effects of AMA on digestibility and performance. The dose–response analysis revealed that feeding 600 KNU/kg to high-producing early lactation (< 70 DIM) dairy cows increased FCM and milk protein. Accounting for the type of experimental design was associated with a lower between-studies-variance among comparisons. Overall, this meta-analysis supports the hypothesis that dietary AMA supplementation is associated with a better lactational performance in dairy cows. However, these effects are only suitable for high-producing early lactation dairy cows.
5 The CVA Process from Preparation to Decision
Authors: Gabe Harley
Published: May 2022

This chapter discusses the preparation and decision of the CVA process. In line with the Cork Committee recommendations, the nominee in a CVA must be qualified to act as an insolvency practitioner. The CVA proposal is a document that establishes the terms of the proposed compromise and arrangement with creditors. Additionally, the proposal is typically put together by directors of the company with the assistance of the proposed nominee, legal, and other professional advisors. The chapter also looks into the legal commencement and notice requirements of the CVA before the process of the creditor's making decisions through a physical meeting, virtual meeting, electronic voting, or correspondence.
7 CVAs in the Cross-Border Context
Authors: Elaine Nolan
Published: May 2022

This chapter tackles the cross-border context of CVAs. In line with Brexit's effective date, companies registered under COMI, the UK, EU, EEA, and the CA 2006 in England, Wales, or Scotland are eligible for a CVA. The UNICTRAL Model Law and the Insolvency Regulations have been used as frameworks for greater international cooperation when it comes to outbound or cross-border recognitions. The chapter also notes the inbound assistance to foreign proceedings which could be offered by the English court. It mentions the types of assistance the English court could provide under the common law and Insolvency Act 1986 such as evidence and information gathering.
Stock Corporation and Securities Market Law
Authors: Sester Peter
Published: May 2022

The Brazilian Stock Corporation Act was adopted in 1976 together with the Securities Market Act. Both acts were strongly influenced by US legislation and legal doctrine, the Stock Corporation Act, for example, being strongly influenced by the US Business Corporation Model Act. In fact, the US Securities and Exchange Commission (hereinafter SEC) supported the establishment of the Comissão de Valores Mobiliários (hereinafter CVM), the Brazilian Securities Commission. Both the US and the Brazilian laws on securities are of a rather generic nature but empower SEC and CVM to adopt regulations on specific issues that emerge in securities markets. Hence, both countries implemented a delegation-based regulation model in combination with the concept of regulatory agencies, though since the beginning of this century CVM has often modelled its regulations on the EU capital market law because market structures are comparable (high concentration). Corporate law practice has also been strongly influenced by US practice, and therefore this chapter will analyse Brazilian stock corporation law and practice against the background of US corporation law and practice.
Mergers & Acquisitions and Merger Control
Authors: Sester Peter
Published: May 2022

This chapter on mergers and acquisitions (hereinafter M&A) is divided into four parts: acquisition of privately held corporations (private M&A), mergers by corporate reorganization, acquisition of publicly held corporations (public M&A), and merger control. The focus is on M&A because merger control is, in principle, very similar to US and EU antitrust or competition law and therefore only some distinct features of it will be discussed. The part on private M&A will provide an in-depth analysis of share purchase agreements, while the part on public M&A will mainly discuss the conflict between minority and controlling shareholders. The chapter will also present the different standard forms of corporate reorganization, such as merger by absorption, triangle merger, division (spin-off and split-up), and transformation (change of legal form). Thereby, comparison with US law and practice will be important.
1 The Best Rules for Non-Intermediated Securities
Authors: Thomas Keijser
Published: May 2022

This chapter deals with non-intermediated securities, wherein securities are not held with intermediaries and may, or may not, be represented by certificates. It outlines the legal framework applicable to non-intermediated securities and compares it to the rules established by the Geneva Securities Convention (GSC) and the Model Law on Secured Transactions (MLST). It also examines how non-intermediated securities are created or established and addresses various issues relating to the transfer of non-intermediated securities, such as the requirements for a transfer. The chapter uses the term ‘security holder’ to refer to the holder of non-intermediated securities and the term ‘registered holder’ to refer to a security holder registered in the issuer’s books. It shows how modernization and harmonization are desirable in the area of non-intermediated securities.
3 On Close-Out Netting
Authors: Thomas Keijser
Published: May 2022

This chapter describes the various forms that close-out netting may take, including common characteristics and distinctive features of three types of close-out netting. It recounts the widespread use of novel close-out netting provisions that led to uncertainty about their effectiveness under various national systems of law. It also talks about the Model Netting Acts (MNAs) promulgated by the International Swaps and Derivatives Association (ISDA), which is considered prominent among the initiatives directed at netting legislation. The chapter recounts the secular ‘netting-friendly’ trend prior to the global financial crisis that has not yet been reversed in recent years. It points out how internationally accepted resolution principles acknowledge that unconstrained close-out netting increase rather than mitigate systemic risks.
5 The No-Look-Through Principle: Investor Rights, Distributed Ledger Technology, and the Market
Authors: Thomas Keijser
Published: May 2022

This chapter explores the English law as an example of a particular model for the analysis of intermediated securities. It analyzes the rights of investors through the lens of trust law rather than through bailment and highlights the advantages and disadvantages of the no-look-through model. It also reviews cases where individuals hold a relatively small number of securities through a financial service provider, including the Duomatic principle that gives license to the court to override the formal requirements for shareholder decisions contained in the Companies Act. The chapter demonstrates why the intermediated holding structure that has evolved across the world does not sit comfortably with English law. It cites the recent scoping study conducted by the UK Law Commission combined with the UK Government’s ambition to attract a global pool of investors, which suggests that the UK Government is motivated to address the problem with the English law.
Other Documents of Carriage
Authors: Girvin Stephen
Published: May 2022

This chapter evaluates other documents of carriage, particularly sea waybills and ship’s delivery orders. Sea waybills, once described as the ‘modern contract of carriage of goods by sea’, are very much part of international trade today. A sea waybill performs two of the three functions that a bill of lading performs. It acts as a receipt for the goods and it evidences the contract of carriage between the shipper and the carrier. A sea waybill is not, however, a document of title at common law; ownership of the goods represented in the sea waybill passes by reason of the underlying sales transaction. Meanwhile, A ‘ship’s delivery order’ may refer to a document issued by a carrier while goods are in its possession and containing an undertaking that the goods will be delivered to the holder or to the order of a named person. At common law, a ship’s delivery order is not a transferable document of title, unless there is proof of a custom to this effect.
Issue and Transfer of Bills of Lading
Authors: Girvin Stephen
Published: May 2022

This chapter details the issue and transfer of bills of lading. In many instances, unless otherwise specified, a bill of lading will be required for shipment. Bills of lading are typically prepared by agents representing the shipper; if not making use of such agents, the mate’s receipts and bills of lading is prepared by the shipper who should present the bills of lading in a reasonable time after loading of the cargo for signature by the ship’s mate (or his agent) and the master, or his agent. It is essential that the bills of lading are only issued and dated once all the cargo covered by those bills of lading have actually been loaded. The chapter then considers the drawing of bills of lading in sets. It also looks at the negotiation (transfer) of bills of lading; the transfer of bills of lading to ‘order’; the transfer of bills of lading in blank; the transfer of bills of lading made out to bearer; and the transfer of straight bills of lading.
Third Parties and Bill of Lading Terms
Authors: Girvin Stephen
Published: May 2022

This chapter describes the solutions devised by the courts to remedy problems concerning bill of lading contracts and third parties. Apart from the original shipper and any named consignee, any person who becomes the holder of the bills of lading pursuant to the 1992 Act will also have contractual rights of suit vested in them. In certain circumstances, section 1 of the 1855 Act was ineffective in providing rights of suit as between the original contracting parties and third party consignees or endorsees. Where there was a bill of lading, the courts were willing to imply a contract between the consignee or endorsee and the carrier. This implied contract was a separate contract from the original contract between the shipper and carrier. The chapter also considers the special contract, suit in tort, bailment, the Himalaya clauses, and the Contracts (Rights of Third Parties) Act 1999.
The Carriers’ Delivery Obligation
Authors: Girvin Stephen
Published: May 2022

This chapter explores the carriers’ delivery obligation. Following from the recognition that the bill of lading is a document of title at common law, a further principle has evolved which requires the master only to part with the goods on presentation of the bill of lading by the holder. This delivery function has been described as the ‘principal role’ of the bill of lading. The obligation to effect delivery pursuant to the presentation rule embodies an obligation to place the goods under ‘the absolute dominion and control of the consignee’. The shipowner’s obligation under the bill of lading contract and in bailment is not discharged until it has actually surrendered possession to the holder and the divesting or relinquishing of the ‘power to compel any dealing in or with the cargo which can prevent the consignee from obtaining possession’. The chapter then looks at the Rotterdam Rules, which are unique among cargo conventions in making detailed, albeit controversial, provision for the delivery of goods.
Signing Bills of Lading, Alterations of Delivery Obligations, and Other Bill of Lading Issues
Authors: Girvin Stephen
Published: May 2022

This chapter studies the process of signing bills of lading, alterations of delivery obligations, and other issues concerning bills of lading. Following completion, the bills of lading must be signed. This may be done by the carrier but usually an agent, such as the master or a broker, does this. The master’s signature is sufficient to bind the shipowner in relation to freight to be paid, the external condition of the goods, and the time allowed for discharging cargo, but they cannot sign bills of lading for a greater quantity of goods than those on board or issue a second set of bills of lading for goods for which a bill of lading has already been issued and signed. One issue which may arise is whether mistakes on the face of the bills of lading can be amended after the bills of lading have been signed. The general principle is that this is possible, but it would not be wise for the shipowner to accede to making corrections unless all the bills of lading in the set are present. The chapter then considers switch bills of lading.
Charterparties and their Relationship with Bills of Lading
Authors: Girvin Stephen
Published: May 2022

This chapter highlights the relationship between charterparties and bills of lading. A bill of lading issued by the shipowner to the charterer performs two of the functions of a normal bill of lading, operating as a receipt for the goods shipped and, potentially, as a document of title which, provided it is in the appropriate form, may be endorsed to a third party. The bill of lading is not evidence of the contract of carriage because the relationship between shipowner and charterer is governed by the terms of the charterparty. The same principle applies where bills of lading, initially issued to a third party, are endorsed to the charterer. Potential difficulties of identification arise when the bill of lading does not clarify which charterparty in a string is incorporated. The general rule is that reference to an undated charterparty does not negative an intention to incorporate a charterparty.
The Rise of International Regulation
Authors: Girvin Stephen
Published: May 2022

This chapter examines the rise of international regulation on the carriage of goods. It begins by looking at the Hague Rules, the text of which was discussed by the International Chamber of Commerce (ICC) at an inaugural meeting in London in June of 1921. The aim of the Hague Rules was to achieve a better balance between the interests of shipowners and cargo owners. It regulates the rights, duties, and immunities of the carrier under a contract of carriage by sea covered by a bill of lading, in relation to the shipper, the consignee named in the bill of lading, and the endorsee of the bill of lading. The Visby Protocol expanded the scope of application of the Hague Rules, but it did not radically alter the compromise between the demands of carriers on the one hand and cargo interests on the other. The chapter then looks at the SDR Protocol.
Hybrid Carriage Regimes and the Rotterdam Rules
Authors: Girvin Stephen
Published: May 2022

This chapter focuses on hybrid carriage regimes. After the coming into force of the Hamburg Rules in 1992, a number of countries which had not ratified them took steps towards their domestic implementation. There are a number of hybrid domestic regimes in civil law countries. In China, the Maritime Law of the PRC of 1992 contains provisions on carriage of goods by sea drawn from the Hague and Hague-Visby Rules and also from the Hamburg Rules. During the period of national initiatives, the Comité Maritime International’s (CMI) role at the vanguard of unifying instruments, in this and other areas of maritime law, was challenged. Nevertheless, it continued to undertake work on the uniformity of carriage regimes. The chapter then looks at the Rotterdam Rules.
The Legal Effect and Interpretation of the Hague and Hague-Visby Rules
Authors: Girvin Stephen
Published: May 2022

This chapter assesses the legal effect and interpretation of the Hague and Hague-Visby Rules. Article X of the Hague Rules provides that ‘the provisions of this convention shall apply to all bills of lading issued in any of the contracting States’. Section 1 of the Carriage of Goods by Sea Act 1924 applied only ‘in relation to and in connection with’ the shipment of goods from ports in Great Britain to ports in or outside Great Britain. The port of destination was immaterial for the purposes of the Act. Thus, section 1 was narrower than intended by article X. Meanwhile, article X of the Hague-Visby Rules provides that ‘the provisions of these Rules shall apply to every bill of lading relating to the carriage of goods between ports in two different States if: (a) the bill of lading is issued in a contracting State, or (b) the carriage is from a port in a contracting State, or (c) the contract contained in or evidenced by the bill of lading provides that these Rules or legislation of any State giving effect to them are to govern the contract, whatever may be the nationality of the ship, the carrier, the shipper, the consignee, or any other interested person.
The Scope and Application of the Rotterdam Rules
Authors: Girvin Stephen
Published: May 2022

This chapter describes the scope and application of the Rotterdam Rules. In a marked point of departure from the other international carriage conventions, the Rotterdam Rules is explicit in providing a general interpretation provision. This is to be found in article 2, which states that: ‘In the interpretation of this Convention, regard is to be had to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade’. The call to the ‘international character’ of the Rules and the ‘need to promote uniformity’ are important benchmarks in the Rules, which were drafted because of an incipient lack of uniformity in the carriage of goods by sea. The Rules mirror the Hamburg Rules in having wider application than the Hague-Visby Rules. They apply in those cases where the place of receipt and the place of delivery are in different states and the port of loading of a sea carriage and the port of discharge are in different states and if the place of receipt, the port of loading, the place of delivery, or the port of discharge is in a contracting state.
Freight
Authors: Girvin Stephen
Published: May 2022

This chapter highlights freight, which is the consideration payable to the carrier for the safe carriage of the goods, in a merchantable condition, and their delivery at the port of discharge. Freight is payable under a voyage charterparty or under a bill of lading issued by the shipowner and, in some cases, by the charterer. If the parties have agreed no freight, it is possible to determine a ‘reasonable sum’ as remuneration from the state of the freight market. The common law presumption is that freight is payable only on delivery of the goods to the consignee at the port of discharge, following presentation of an original bill of lading or letter of indemnity. The carrier may not demand payment unless it is willing and able to deliver the goods at the place agreed. The chapter then looks at advance freight, lump sum freight, pro rata freight, and back freight.
Deviation
Authors: Girvin Stephen
Published: May 2022

This chapter reviews the doctrine of deviation. The origins of the doctrine appear to derive from marine insurance, where there was established authority to the effect that when a vessel deviated from the insured route, the vessel was thereafter uninsured for subsequent loss, unless beyond the control of the master or the shipowner, or justified. The problem today is less acute and the doctrine is rarely strictly applied. Marine insurance policies contain ‘held-covered’ clauses, whereby the assured is covered in the event of a deviation on payment of an additional premium. At common law, the shipowner impliedly undertakes to proceed on a voyage, in the designated vessel, by ‘the usual and customary course’. A deviation is a deliberate and unjustifiable departure from the usual and customary course from the loading port to the discharge port.
Limitation Periods
Authors: Girvin Stephen
Published: May 2022

This chapter assesses limitations periods under domestic law and the Hague, Hague-Visby, and Rotterdam Rules. A core component in the litigation strategy of any claimant, whether under the general law or the carriage of goods by sea, is the potential for any statutory or convention time bar to eliminate the claim, if not brought in time. As the leading text on the subject explains ‘a limitation period is construed as including any provision which specifies a time-limit within which legal proceedings of a particular kind must be brought or, exceptionally, within which notice of a claim or dispute must be given to another party’. In practice, the time bar is the most powerful weapon in the hands of the carrier and the most dangerous defence which the cargo claimant faces. It has often been stated that the reason in the carriage context for the time bar is that it ‘meets an obvious commercial need, namely, to allow shipowners, after that period, to clear their books’. The restriction is not, however, reciprocal: if the shipowner sues the shipper or consignee, for example for freight or demurrage, or for the carriage of dangerous cargoes, then its claim is not subject to the restrictive one-year time bar which is a major component of the Hague and Hague-Visby Rules.
Employment Contracts and Private International Law
Authors: Merrett Louise
Published: May 2022

With employment contracts increasingly involving international elements, cases involving any international aspect require the application of rules of private international law to determine which court or tribunal can hear the case, and what law will be applied to determine the dispute. The Rome I and Rome II Regulations, and the Brussels I Regulation (BIR) all contain special regimes of rules for employment contracts, which have remained applicable in the UK following Brexit. This new edition includes an updated treatment of both the Rome Regulations, and a detailed chapter analysing the rules contained in the BIR recast, which replaced the Brussels I Regulation in 2015. The book offers an exposition of the substantive law background, covering the jurisdictional and the choice of law rules to identify commonality and overlaps, and explores their rationale to provide a better understanding of each. It deals with the common law rules on jurisdiction and emphasises how those rules are likely to apply in an employment context. The scope of the book includes coverage of the difficult overlapping provisions which apply to posted workers, as well as other claims which might arise out of the employment relationship such as claims in tort or for breach of statutory duty. Each chapter is usefully concluded in sections which summarise the analysis and scope of the coverage. The book is a timely new edition in view of the twin challenges of the post-Brexit legal landscape and the rapid evolution of our understanding of the workplace as a result of technological advances and the COVID-19 pandemic.
Jurisdiction under the Brussels I Regulation Recast
Authors: Merrett Louise
Published: May 2022

This chapter evaluates jurisdiction under the Brussels I Regulation recast. The general rules is that a defendant must be sued in the court of its domicile. However, additional heads of jurisdiction, based on a link between the facts of the case and another jurisdiction, can also be relied on by claimants in certain circumstances. The Court of Justice developed a special approach for employment contracts which was eventually reflected in specific employment rules in the Brussels Convention, Lugano Convention, and later the Brussels I Regulation and Regulation recast. As well as the special rules for employment contracts set out in Section 5 of the Brussels I Regulation recast, Article 7(5), which allocates jurisdiction to the country where the defendant has a branch agency or other establishment, can also be relied on by employees. Following amendment to the Regulation recast, Article 8(1) in relation to the joinder of third parties also applies in employment cases to the benefit of employees. Moreover, the Brussels I Regulation recast sets out rules to allocate proceedings between the courts of Member States. In particular, through Articles 29 and 30, the recast Regulation seeks to minimize the risk of conflicting judgments by providing rules to deal with situations where there are parallel or related proceedings in different Member States.
Mandatory Rules in Employment Cases
Authors: Merrett Louise
Published: May 2022

This chapter addresses the role of mandatory rules in employment cases. Mandatory rules and public policy operate in a number of distinct spheres in private internal law. Whether or not a rule is intended to be mandatory is essentially a matter for the internal law of the relevant country whose rule is involved. However, in a private international law context, the way in which those rules take effect and how they relate to the choice of law process as a whole is determined by rules set out in the Rome I Regulation. The chapter details how mandatory rules operate in both the Rome Convention and the Rome I Regulation. Having considered these general principles, the focus will then turn to overriding mandatory rules in English employment law.
The Territorial Scope of English Employment Legislation
Authors: Merrett Louise
Published: May 2022

This chapter describes the territorial scope of the main English employment rights. Many of the international employment cases which come before courts or tribunals concern territorial scope. Because employment rights are often either expressly or impliedly overriding mandatory rules, they can be applied without consideration of the normal choice of law rules and often the only issue is whether the claimant falls within the territorial scope of the relevant rule. Moreover, the rules relating to territorial scope are themselves unclear. The chapter begins by looking at claims under the Employment Rights Act 1996, in particular the territorial limits which apply to a claim for unfair dismissal. It then addresses the question of whether the same limits apply to different rights under the Employment Rights Act 1996, and to rights under other employment legislation. Finally, the chapter considers the approach to rights based on European law and/or fundamental rights, particularly post-Brexit.
The Cross-Border Enforcement of Claims Against Employees
Authors: Merrett Louise
Published: May 2022

This chapter explores the cross-border enforcement of claims against employees. It begins by outlining the position in English law. The doctrine of restraint of trade may extend beyond the enforcement of post-termination restrictive covenants to the enforcement of garden leave clauses and also to the partial enforcement of invalid clauses through the doctrine of severance. In relation to jurisdiction, under the Brussels I Regulation recast, claims made against employees are subject to very restrictive rules. These rules are now mirrored in section 15C of the Civil Jurisdiction and Judgments Act 1982. In relation to choice of law, the enforcement of restrictive covenants may raise issues which go beyond normal contractual principles because of the involvement of the restraint of trade doctrine and rules of public policy. The chapter then looks at remedies and the availability of injunctive relief in international cases.
Financial Market Infrastructures from a Trans-Atlantic Perspective
Authors: Binder Jens-Hinrich , Saguato Paolo
Published: May 2022

This chapter introduces financial market infrastructures (FMIs), the backbone and the critical providers of essential services to modern financial markets. FMIs have been a central piece to the post-2008 global financial crisis reforms. Yet, despite the critical functions they provide in the financial system, they have been often overlooked by commentators and both the technical design of their regulatory framework and their underlying policy questions, for a long time, have gone under-theorized. Both international standard setters and, indeed, academic research into the legal and economic aspects of FMI regulation have caught up over the past few years. This process has been fuelled by three interrelated forces. First, an unprecedented progress in technology has revolutionized the FMI business, reducing transaction costs and enhancing informational and operational efficiencies both in domestic and cross-border markets, while also creating new forms of operational and cyber risks that might undermine FMIs’ resilience and threaten market stability. Second, an impressive wave of cross-border convergence and consolidation has restructured the FMI sector, both at the trading and post-trading level. Third, multiple regulatory interventions in the markets have contributed to the expansion and reliance on FMIs as essential players in the financial system.