bluuebunny/crossref_metadata_2025 huggingface dataset:
Renewable Energy Disputes
Authors: Manner Simon , Niedermaier Tilman
Published: July 2018

This chapter relates to renewable energy disputes. ‘Renewable energies’ are understood in a broad sense as energy resources which are naturally replenished on a human timescale. The chapter focuses on wind and solar photovoltaics (solar PV) energy, describing typical project and contract structures, as well as challenges and disputes relating to their financing; development; construction; and operation, maintenance, and service. It pays special attention to questions relating to the individual contractual relationships between the project company, the project developer, the contractor(s), sub-contractors, and sub-suppliers. The chapter also contains a detailed, user-oriented analysis of the advantages and disadvantages relating to arbitrating commercial disputes in this sector.
Contractual Mechanisms for Stability in Energy Contracts
Authors: Mistelis Loukas
Published: July 2018

This chapter discusses the interpretation and enforceability of various contractual means typically used in energy contracts to ensure a sustainable relationship between the contracting parties. These are the stabilization or freezing clauses and the economic equilibrium clauses together with the variants of adjustment, force majeure, and hardship clauses. These clauses are discussed from a historical and comparative viewpoint. In addition, while a dispute is occurring, it is essential to preserve the contract and relationship between the parties, and thus the chapter also looks at how multi-tiered dispute resolution clauses contribute to achieving this objective. The chapter then concludes with an outlook into current trends and future perspectives.
Overview of Energy Charter Treaty Cases
Authors: Hobér Kaj
Published: July 2018

This chapter analyzes rendered awards and pending Energy Charter Treaty (ECT) cases using detailed statistical data on the disputes overall (including the number of cases brought and their outcomes), the parties involved (including the types of investors making use of the ECT, and most frequent respondent states), the underlying investment (including the different energy sectors concerned), and the arbitration rules used. It also discusses a number of issues that often arise in ECT cases. First, the chapter looks at jurisdictional objections regularly raised by respondents, including the provisional application of the ECT under Article 45; the ‘denial of benefits’ clause of Article 17(1); and the definition of an ‘investment’ under Article 1(6). The chapter then analyzes selected merits issues that have been addressed in the ECT awards rendered to date. Finally, this chapter considers the future of the ECT.
Energy Investor-State Disputes in Latin America
Authors: Romero Eduardo Silva
Published: July 2018

This chapter discusses the recent resurgence of ‘resource nationalism’ in the Latin American region. These include the shift in the political and economic control of the energy sector from foreign, private interests to domestic, state-controlled companies and the disputes this has triggered. After looking at the historical background of investor-state arbitration in Latin America, the chapter analyzes relevant strategies used by investors and states to defend their standpoint on resource nationalism. It also identifies which ones have proved most successful in relation to fiscal measures and nationalizations by certain Latin American states. The chapter also provides an assessment of corporate restructuring strategies used by foreign companies to challenge these types of resource nationalism measures.
Climate Disputes and Sustainable Development in the Energy Sector
Authors: Rivkin David W , Amirfar Catherine
Published: July 2018

This chapter addresses both climate change mitigation and climate change adaptation. It makes ‘the case for international arbitration’, analyzing in particular current dispute resolution structures on carbon trading and the specific set of arbitration rules developed by the Permanent Court of Arbitration (PCA) to resolve environmental disputes. It shows how increased awareness of climate change and its effects have clearly influenced the litigation and arbitration worlds. Developing bespoke environmental arbitration rules offers a number of benefits, including transparency, procedural flexibility, access to technical experts and arbitrators with key climate change expertise, and the possibility of multiparty involvement. Such rules may be of particular benefit to parties involved in carbon credit trading systems and investment projects motivated by such systems.
Uniform
Authors: Fleck Dieter
Published: July 2018

This chapter examines the provisions for the use of uniforms. Members of the armed forces have traditionally worn uniform to distinguish themselves from members of the civilian population and often to identify the unit or formation to which they belong. Military members and the UN civilian police of UN peace operations wear uniform as provided under para. 37 of the UN Model SOFA. As the UN does not have a standing army or police force, it relies on contributions by its Member States generally wearing their national uniforms, but wearing the UN badges and insignia and the now familiar blue berets or helmets. For NATO military operations, the wearing of uniform is usually regulated in status-of-forces agreements (SOFAs), considering that permission of the receiving state to display foreign national insignia is required as an expression of its sovereignty.
Settlement of Disputes
Authors: Burkhardt Frank
Published: July 2018

This chapter looks at dispute settlement for multinational operations both within the United Nations and the North Atlantic Alliance. There is a strong common interest of participating parties to settle any possible dispute on the interpretation or application of status-of-forces agreements (SOFAs) at the lowest possible level. As no serious dispute on the interpretation or application of the UN Model SOFA and the NATO SOFA has occurred so far, it appears that negotiations between the UN and the Host State or Sending States and the Receiving State have been able to cope with any difficulties concerning SOFA application. SOFAs for UN peace operations are negotiated and concluded between the UN and the Host State without direct involvement of Troop-Contributing States. Any dispute concerning the interpretation or application of relevant SOFA provisions would not be one between States, but between the Host State and the world organization.
Territorial Applicability
Authors: Burkhardt Frank
Published: July 2018

This chapter deals with territorial applicability of status-of-forces agreements (SOFAs). The territorial applicability of the UN Model SOFA is limited to the area of operation. NATO SOFA applies only in ‘the metropolitan territory’ of any Party which may, however, extend its applicability by unilateral declaration to ‘any of the territories for whose international relations it is responsible in the North Atlantic Treaty area’. While the territorial applicability of the UN Model SOFA does not raise any particular problems, the limitation of the territorial applicability of NATO SOFA appears to be more complex. Yet it does not create impediments to the solution of legal problems resulting from the Alliance’s enlargement and its operations. It can be summarized that as a general rule NATO SOFA applies on the territories of the Parties of the North Atlantic Treaty and to NATO operations in the North Atlantic region north of the Tropic of Cancer.
The International Committee of the Red Cross
Authors: Lavoyer Jean-Philippe , Vité Sylvain
Published: July 2018

This chapter offers a brief description of the origin, mandate, and legal status of the International Committee of the Red Cross (ICRC). The ICRC is an impartial, neutral, and independent organization that was founded in 1863. It endeavours to promote compliance with international humanitarian law by all parties to armed conflicts. It also seeks to provide protection and assistance to victims of armed conflict and other situations of violence. Its activities are based on a mandate received from the community of States. In order to support the efficient fulfilment of its mandate, the ICRC was also recognized international status and was granted privileges and immunities under both international and domestic law.
Visiting Forces in an Operational Context
Authors: Fleck Dieter , Klappe Ben F
Published: July 2018

This chapter summarizes key issues for Visiting Forces as relevant for judge advocates, government civilian attorneys, and military legal advisors. The presence of one State’s military forces in another State’s territory raises significant issues about the relationship between those states. Sending States will desire to assert their control over their armed forces during the deployment, while Receiving States will desire to assert their sovereign control over their territory. It is the combined effort of states to balance such interests for mutual security benefits that forms the object and purpose of the law of Visiting Forces. The law of Visiting Forces focuses on aspects of the peacetime presence of a Sending State’s armed forces within the territory of a Receiving State. Since the terrorist attacks of 11 September 2011, states have increasingly conducted military activities in complex circumstances that may also implicate the law of armed conflict.
Argentina
Authors: Mairal Cecilia M , Gayol Pablo
Published: July 2018

This chapter discusses the law of set-off in Argentina by focusing on the relevant provisions of the Argentine Civil and Commercial Code (CC Code). Under the CC Code, set-off provides a means of cancelling or extinguishing an obligation. According to the Code, a set-off arises when two parties reach a mutual agreement to be creditor and debtor. The chapter first provides an overview of the main elements of set-off as stipulated in the CC Code before explaining the specific set-off provisions that are applicable in an insolvency case. In particular, it examines statutory set-off and contractual set-off, set-off against insolvent parties, set-off provisions for the case of reorganization and bankruptcy under the Argentine Bankruptcy Law, and set-off during the ‘suspect’ or ‘look-back’ period. Finally, it analyses set-off provisions governing cross-border transactions.
Brazil
Authors: de Almeida Prado Fernando Ruiz , Themudo Lessa Tiago Araujo Dias , Queiroz Gomes Caroline Guazzelli
Published: July 2018

This chapter provides an overview of the law of set-off in Brazil. The Brazilian Civil Code, enacted on 10 January 2002, contains the necessary provisions for set off regarding credit and debts. Set-off differs from the concept of netting. Netting refers to an indirect discharge of obligations and must meet certain requirements before it can automatically apply, namely: debts must be certain and liquid, matured, and comparable. After discussing the distinction between set-off and netting in Brazil, the chapter considers set-off between solvent parties. In particular, it explains statutory set-off, contractual set-off, and the principle of manifestation of will. It then examines set-off against insolvent parties, focusing on bankruptcy and judicial or out-of-court reorganisation proceedings. It also describes bank insolvency and civil insolvency proceedings before concluding with an analysis of issues arising in cross-border set-off.
Germany
Authors: Haag Hendrik
Published: July 2018

This chapter examines statutory and contractual set-off in Germany prior to insolvency proceedings and how such proceedings affect the prerequisites relating to set-off. It begins with a discussion of set-off between solvent parties, focusing on the statutory right of set-off under the German civil code ‘BGB’, contractual right of set-off, exclusions of set-off, set-off restriction in general terms and conditions, and limitations of a set-off claim. It then considers set-off against insolvent parties, taking into account the relevant provisions of the German Insolvency Statute ‘InsO’, acquisition of the right to set-off before the commencement of insolvency proceedings, set-off between two insolvency administrators, and cash pooling in insolvency proceedings. Finally, it analyses cross-border issues arising from the right to set-off.
Japan
Authors: Wani Akihiro
Published: July 2018

This chapter provides an overview of the law of set-off in Japan. The Japanese Civil Code classifies set-off (along with performance, release, novation, and merger) as a mechanism for extinguishing an obligation. Set-off is not categorised as a right, altough it possesses certain characteristics that would warrant treating it as a right. The chapter first considers set-off between solvent parties, focusing on statutory and contractual set-off as well as the procedures for the exercise of set-off between solvent parties, before discussing set-off against insolvent parties. It examines legislation relevant to set-off, set-off in relation to the principle of equality among creditors, set-off against attaching creditors and against assignees, triangular set-off, and close-out netting of specified financial transactions. The chapter concludes with an analysis of cross-border issues relating to applicable law on statutory set-off, contractual set-off, and set-off in insolvency proceedings.
Mexico
Authors: Perezalonso Pablo
Published: July 2018

This chapter discusses the law of set-off in Mexico. Under Mexican law, the right of set-off is a form of payment of obligations by which cross-claims may be extinguished up to the amount of the smaller claim. Set-off is not treated as a security interest in Mexico. In order for a set-off to be valid, it is not necessary to satisfy the formal requirements for security interests including executing specific security agreements such as security trusts, pledges, or mortgages. The chapter first considers set-off between solvent parties, focusing on automatic set-off and contractual set-off, before analysing set-off against insolvent parties. In particular, it examines the relevant provisions of the Bankruptcy Law with respect to outstanding obligations resulting from financial derivatives, reportos, and securities lending transactions, along with the retroactivity period for such transactions. Finally, it looks at set-off issues in a cross-border context.
Poland
Authors: Butkiewicz Ewa , Barłowski Michał
Published: July 2018

This chapter provides an overview of the law of set-off in Poland, both outside and within the context of insolvency. Under Polish civil law, set-off is recognised as a means of meeting liabilities. It fulfils a number of functions in law, including payment and guarantee (collateral) functions. Aside from statutory set-off, a contractual set-off in trade, known as compensation (netting), exists in Poland. The chapter first considers set-off between solvent parties, focusing on statutory set-off, bank set-off, and provisions in the Act on Certain Financial Collateral Instruments that are relevant to compensation. It then examines set-off against insolvent parties, with discussions on standard provisions on set-off after a declaration of insolvency, netting provisions in the Insolvency Act, set-off under bankruptcy with possible settlement, set-off under insolvency with the liquidation of an insolvent estate, and netting under a restructuring proceeding. The chapter concludes with an analysis of issues arising in cross-border set-off.
A Comparative Guide to the Asian Infrastructure Investment Bank
Authors: Lichtenstein Natalie
Published: July 2018

The Asian Infrastructure Investment Bank (AIIB) opened for business in 2016, as a $100 billion multilateral development bank (MDB) that finances public and private infrastructure projects for Asia. AIIB’s founders, led by China, span Asia, Europe and the Middle East—now a global footprint. A Comparative Guide to the Asian Infrastructure Investment Bank examines AIIB through the lens of its Charter, focusing on its mandate, investment operations, membership, finance, governance, and institutional set-up. Separate chapters explain how each element matters for MDBs generally, then analyze the related AIIB text, and compare the provisions and practice of its predecessors. These chapters expound upon the reasons behind AIIB’s legal provisions and offer detailed analyses of the similarities and differences with the Charters of the World Bank and regional MDBs (principally, the African Development Bank, Asian Development Bank, European Bank for Reconstruction and Development, and the Inter-American Development Bank). Introductory and highlights chapters tell how AIIB was founded and summarize its key features. A chapter on Transitions recounts AIIB’s path from agreement to establishment. Relevant themes from MDB histories are outlined as a guide to AIIB’s future, in a chapter on Reflections. Throughout, text and tables record AIIB’s governance and decisions through December 2017. This book takes apart the AIIB Charter for the general reader and for the specialist—from the perspective of the lawyer who put it together. It’s an inside look at how this new international organization went from concept to reality, and an up-to-date comparative legal guide to MDBs.
Highlights
Authors: Lichtenstein Natalie
Published: July 2018

Chapter 2, Highlights, offers a survey of the key features of the AIIB Charter that define AIIB, in close comparison with the Charters of other multilateral development banks (AfDB, AsDB, EBRD, IADB and the World Bank). The highlights of the coming Chapters are summarized, offering answers to the basic questions about AIIB: Why establish AIIB? (Mandate, Chapter 3) What will AIIB do? (Investment Operations, Chapter 4) Who will join AIIB? (Membership, Chapter 5) How will AIIB be funded? (Capital and Finance, Chapter 6) How will AIIB be run? (Governance, Chapter 7) How was AIIB first set up? (Transitions, Chapter 8) How will the organization work? (Institutional Matters, Chapter 9). The Chapter concludes with some observations about heritage and innovation in the AIIB Charter, outlining principal similarities and differences with the other Charters.
Governance
Authors: Lichtenstein Natalie
Published: July 2018

Chapter 7, Governance, provides an in-depth look at AIIB’s three levels of governance: the Board of Governors, the Board of Directors and the President. The Chapter describes the organization, composition and powers for each level. There is a detailed explanation of the differences and similarities in comparison with the arrangements at other multilateral development banks, and a discussion of how AIIB’s arrangements related to ongoing reforms elsewhere, including the non-resident Board of Directors. Other governance-related functions that form part of AIIB’s governance framework are summarized: Compliance, Effectiveness and Integrity Unit (CEIU), Audit, Ethics, staff dispute resolution, International Advisory Panel, and transparency. The rules for AIIB’s voting power are explained, as are the rules for decision-making (including qualified majorities at the Boards). Tables list these rules and also compare AIIB’s majority decisions with similar decisions at other multilateral development banks. A table shows AIIB capital and voting power at December 2017.
Universal Jurisdiction and the Obligation to Extradite or Prosecute
Authors: Kittichaisaree Kriangsak
Published: July 2018

Universal jurisdiction exercised over the offenders where there is no connection between their crimes and the State wishing to extradite or prosecute them is a useful tool to prevent them from finding a safe haven anywhere. However, universal jurisdiction has been accused of being abused for political and other unjustifiable objectives. This chapter describes how the international community endeavours to solve this dilemma and charters the course of the future direction for universal jurisdiction in the context of the obligation to extradite or prosecute.
Scope of the Obligation to Extradite or Prosecute
Authors: Kittichaisaree Kriangsak
Published: July 2018

This chapter explains whether the obligation to extradite or prosecute is a single obligation or two separate obligations in the alternative, and whether it is a general principle of international law recognized by nations. Immunity of State officials from foreign criminal jurisdiction which can impede the implementation of the obligation to extradite or prosecute is then analysed, duly taking into account the most recent developments.
The Making of the UNDRIP
Authors: Anaya S James , Rodríguez-Piñero Luis
Published: July 2018

This chapter traces the development of international standards on indigenous rights, providing a historical context of normative development in which one should view the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). While rooted in centuries-long dynamics of colonial dispossession and normative debates in Western legal thought, the development of the international indigenous rights regime is an historically recent process catalysed by the emergence of indigenous peoples as political actors in the international area, and the successful re-articulation of their historical demands and strategies to fit while creatively transforming the logics and mechanisms of the late-20th century human rights machinery. The achievements of this process, as well as the tensions inherent to it, are present in a new generation of international standards, now authoritatively captured in the UNDRIP.
Relationship to Human Rights, and Related International Instruments
Authors: Scheinin Martin , Åhrén Mattias
Published: July 2018

This chapter analyses how the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) fits within the broader picture of international legal instruments, with specific reference to related human rights norms. In many respects, the general approach the UNDRIP takes towards indigenous rights is natural. Largely from the very day indigenous peoples' representatives started to address the UN in order to claim recognition of and respect for their rights, the focus of such claims has been on allowing indigenous peoples the possibility to preserve, maintain, and develop their own distinct societies, existing side by side with the majority society. In other words, political rights — or sovereign rights — have always been at the forefront of the indigenous rights regime. In that way, indigenous peoples' rights distinguish themselves from those that apply to minority groups that are primarily individual rights. Thus, when placing emphasis on peoples' rights, the UNDRIP follows in the tradition of the indigenous rights discourse in general, as reflected in Article 3 of the Declaration.
Media
Authors: Joyce Daniel
Published: July 2018

This chapter assesses Article 16's protection of the right to indigenous media, and to the participation of indigenous peoples in mainstream media. This dimension of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is significant for a number of reasons, but principally because it breaks new ground in conceptualizing ‘media rights’ not so much in terms of the traditional approach to freedom of expression or even media freedom, but rather in terms of the ability of rights holders to participate in mainstream media, and also to create and participate in indigenous media. Thus, questions of access, institutional frameworks, development concerns, and equity — which hover in the background of freedom of expression provisions — are brought front and centre.
Indigenous Peoples’ Rights to Lands, Territories, and Resources in the UNDRIP
Authors: Charters Claire
Published: July 2018

This chapter analyses Articles 25, 26, 27, and 10, considering land rights and land use. In articulating indigenous peoples' rights to their lands, territories, and resources, the Declaration is the most comprehensive of international instruments in this area, both confirming and developing international law. As the cases discussed in this chapter illustrate, the Declaration is being used by indigenous peoples and tribunals — especially international tribunals — as a lever to support the recognition and protection of indigenous peoples' land, territories, and resources on the ground, even where domestic law is less accommodating of indigenous peoples' rights. Ultimately, the Declaration goes some way to reversing international law's historical role as a colonial tool for the dispossession of indigenous peoples' lands, territories, and resources.
Sodium butyrate ameliorates insulin resistance and renal failure in CKD rats by modulating intestinal permeability and mucin expression
Authors: Gonzalez Austin , Krieg Richard , Massey Hugh D , Carl Daniel , Ghosh Shobha , Gehr Todd W B , Ghosh Siddhartha S
Published: July 2018

Background

The associated increase in the lipopolysaccharide (LPS) levels and uremic toxins in chronic kidney disease (CKD) has shifted the way we focus on intestinal microbiota. This study shows that a disruption of the intestinal barrier in CKD promotes leakage of LPS from the gut, subsequently decreasing insulin sensitivity. Butyrate treatment improved the intestinal barrier function by increasing colonic mucin and tight junction (TJ) proteins. This modulation further ameliorated metabolic functions such as insulin intolerance and improved renal function.

Methods

Renal failure was induced by 5/6th nephrectomy (Nx) in rats. A group of Nx and control rats received sodium butyrate in drinking water. The Nx groups were compared with sham-operated controls.

Results

The Nx rats had significant increases in serum creatinine, urea and proteinuria. These animals had impaired glucose and insulin tolerance and increased gluconeogenesis, which corresponded with decreased glucagon-like peptide-1 (GLP-1) secretion. The Nx animals suffered significant loss of intestinal TJ proteins, colonic mucin and mucin 2 protein. This was associated with a significant increase in circulating LPS, suggesting a leaky gut phenomenon. 5′adenosine monophosphate-activated protein kinase (AMPK) phosphorylation, known to modulate epithelial TJs and glucose metabolism, was significantly reduced in the intestine of the Nx group. Anti-inflammatory cytokine, interleukin 10, anti-bacterial peptide and cathelicidin-related antimicrobial peptide were also lowered in the Nx cohort. Butyrate treatment increased AMPK phosphorylation, improved renal function and controlled hyperglycemia.

Conclusions

Butyrate improves AMPK phosphorylation, increases GLP-1 secretion and promotes colonic mucin and TJ proteins, which strengthen the gut wall. This decreases LPS leakage and inflammation. Taken together, butyrate improves metabolic parameters such as insulin resistance and markers of renal failure in CKD animals.
Consumption of fruits and vegetables and cardiovascular mortality in renal transplant recipients: a prospective cohort study
Authors: Sotomayor Camilo G , Gomes-Neto António W , Eisenga Michele F , Nolte Ilja M , Anderson Josephine L C , de Borst Martin H , Osté Maryse C J , Rodrigo Ramón , Gans Rijk O B , Berger Stefan P , Navis Gerjan J , Bakker Stephan J L
Published: July 2018

Background

It currently remains understudied whether low consumption of fruits and vegetables after kidney transplantation may be a modifiable cardiovascular risk factor. We aimed to investigate the associations between consumption of fruits and vegetables and cardiovascular mortality in renal transplant recipients (RTRs).

Methods

Consumption of fruits and vegetables was assessed in an extensively phenotyping cohort of RTRs. Multivariable-adjusted Cox proportional hazards regression analyses were performed to assess the risk of cardiovascular mortality.

Results

We included 400 RTRs (age 52 ± 12 years, 54% males). At a median follow-up of 7.2 years, 23% of RTRs died (53% were due to cardiovascular causes). Overall, fruit consumption was not associated with cardiovascular mortality {hazard ratio [HR] 0.82 [95% confidence interval (CI) 0.60–1.14]; P = 0.24}, whereas vegetable consumption was inversely associated with cardiovascular mortality [HR 0.49 (95% CI 0.34–0.71); P < 0.001]. This association remained independent of adjustment for several potential confounders. The association of fruit consumption with cardiovascular mortality was significantly modified by estimated glomerular filtration rate (eGFR; Pinteraction = 0.01) and proteinuria (Pinteraction = 0.01), with significant inverse associations in patients with eGFR > 45 mL/min/1.73 m2 [HR 0.56 (95% CI 0.35–0.92); P = 0.02] or the absence of proteinuria [HR 0.62 (95% CI 0.41–0.92); P = 0.02].

Conclusions

In RTRs, a relatively higher vegetable consumption is independently and strongly associated with lower cardiovascular mortality. A relatively higher fruit consumption is also associated with lower cardiovascular mortality, although particularly in RTRs with eGFR > 45 mL/min/1.73 m2 or an absence of proteinuria. Further studies seem warranted to investigate whether increasing consumption of fruits and vegetables may open opportunities for potential interventional pathways to decrease the burden of cardiovascular mortality in RTRs.
Level of Alcohol Consumption and Successful Smoking Cessation
Authors: Lynch Krystal L , Twesten Jenny E , Stern Alexandra , Augustson Erik M
Published: July 2018

Introduction

The negative association between heavy alcohol use and likelihood of successful smoking cessation is well established. However, evidence on the effects of moderate alcohol consumption on smoking cessation is sparse. This analysis evaluated the association between alcohol use and smoking and the interaction of alcohol use and use of pharmacotherapy interventions in relation to smoking cessation.

Methods

Data from adults (n = 923) recruited through a smoking cessation website between November 2011 and March 2012 were analyzed. Data on past-year alcohol use, tobacco use, and demographics were collected at baseline. Self-reported smoking abstinence and current alcohol use data were collected at 1 and 7 months posttreatment. Chi-square and multivariate logistic regression analyses were conducted.

Results

At 1 month, adjusted odds of continued smoking were 1.54 times greater (95% confidence interval [CI] = 1.05% to 2.23%) for moderate drinkers and 2.59 times greater (95% CI = 1.33% to 4.28%) for heavy drinkers than nondrinkers. At 7 months, adjusted odds of continued smoking were not greater for moderate drinkers than nondrinkers, and were 2.32 times greater (95% CI = 1.35% to 3.96%) among heavy alcohol drinkers than nondrinkers. At 1 month, adjusted odds of smoking cessation were 2.33 times greater (95% CI = 1.04% to 3.09%) for alcohol users assigned to nicotine replacement therapy than for those not assigned to nicotine replacement therapy. This relationship was not observed at 7 months.

Conclusions

Moderate and heavy drinking might impact smoking cessation efforts. Recent moderate drinking may be associated with short-term continued smoking and heavy drinking associated with relapse in the short and long term.

Implications

This study suggests that moderate drinking may influence the process to quit smoking. Further study is needed to better understand the implications of moderate drinking for smoking cessation. Providing information alone may not be effective in helping people abstain from drinking during smoking cessation, especially if moderate drinkers do not perceive their behavior as reducing their chance for a successful quit attempt. Tailoring smoking cessation interventions to include strategies to reduce moderate-to-heavy alcohol consumption may improve smoking cessation outcomes among alcohol users attempting to quit smoking.
Capital Markets Union
Authors: Vermeulen Erik PM
Published: July 2018

The Capital Markets Union (CMU) aims to strengthen capital markets and investments in the EU. The rationale behind such a union is that it is necessary to provide businesses, particularly start-up companies, with a greater choice of funding at lower cost. More generally, it is assumed that, in the long-term, greater choice increases access to finance and fosters economic growth. This chapter argues that although the CMU may be a necessary step, it has to be situated in a much broader discussion about how to create successful innovation ecosystems. Such an approach highlights the sector-specific needs of start-ups (and scale-ups) and the importance of mobilizing other players, particularly established corporations.
Modernizing the Prospectus Directive
Authors: de Jong Bas , Arons Tomas
Published: July 2018

On 16 May 2017, the Council adopted the Prospectus Regulation, which repeals the Prospectus Directive. The prospectus rules are an important part of the Capital Markets Union (CMU), and will apply from mid-2019. This chapter analyzes the reforms of the prospectus rules enacted in the new Prospectus Regulation. First, it provides the background and purposes of the Regulation. It then addresses the extension of the exceptions to and exemptions of the duty to publish a prospectus; the special regime for small and medium-sized companies; the reduction of the burden for secondary issues; the special regime for frequent issuers; the increased relevance of the prospectus for investors; and finally the publication of and access point for EU-prospectuses.
Small and Medium Enterprises Growth Markets
Authors: Perrone Andrea
Published: July 2018

In accordance with the EU's traditional focus on small and medium-sized enterprises (SME) financing and its more recent attempt to support SME access to capital markets, Directive 2014/65/EU (MiFID II) has introduced the new category of SME Growth Markets (GMs). Aimed at preserving the status quo, in which SMEs prefer second-tier exchange-regulated markets, typically in the form of multilateral trading facilities (MTFs), the MiFID II rules employ a ‘light touch’ approach. Under the new regime SME GMs: (1) constitute an optional feature of the MTF regime intended to result in a ‘specific quality label’, and (2) are subject to the rules established by each Member State as applied by the local national competent authority, within the very broad framework provided by MiFID II. This chapter argues that the MiFID II regulation pertaining to SME GMs represents a missed opportunity, if not a source of potential harm to the capital-raising efforts of SMEs.
Investor Protection in the Capital Markets Union
Authors: Colaert Veerle
Published: July 2018

Recent years have witnessed a tidal wave of new EU financial regulation in general and investor protection legislation in particular. The Capital Markets Union project has added a number of further initiatives. This chapter attempts to bring some order in the multitude of rules, by sorting them into three main building blocks: information, service quality requirements (conduct of business rules), and product regulation. A general trend among the three building blocks is a more cross-sectoral approach to investor protection, levelling the playing field between banking, investment, insurance, and personal pension products and services. This trend towards a more horizontal approach, although not perfect, is laudable. A challenge for EU financial regulation is to decide how far this trend should go.
A Policy Framework for European Personal Pensions?
Authors: Heemskerk Mark , Maatman René , Werker Bas
Published: July 2018

Pensions in the EU are vulnerable to reduced economic growth, adverse developments in financial markets, and an increasing life expectancy. The increase of the old age dependency ratio contributes to concerns about the sustainability of pension systems. Nonetheless, the pension system in the Netherlands is one of the most sustainable in the world, ranking second in the Mercer Global Pension Index. The Dutch pension sector manages a significant EUR 1400 billion in assets for pensions that are primarily funded through legally compulsory schemes related to employment pension schemes. This chapter examines whether the development of a personal pension system in Europe and in the Netherlands coincide, and if the Dutch system can contribute to a policy framework for European personal pensions. It then considers the reasons why a European market for personal pensions has been proposed.
Efforts to Strengthen the Clearing and Settlement Framework of the Capital Markets Union
Authors: Zebregs Bas , de Serière Victor
Published: July 2018

This chapter discusses the EU's efforts to strengthen the European clearing and settlement framework for securities and derivatives transactions. That exercise is pa should promote access and therefore competitrt of the EU's plans to establish an integrated European Capital Markets Union. Important steps have already been undertaken, and more legislation is now under construction, designed to lead to a comprehensive robust market infrastructure in the EU. These include the EU Commission's proposals to update the segregation provisions in the European Market Infrastructure Regulation and the proposed regulation dealing with the recovery and resolution of central counterparties. The chapter shows that although the advances made are significant, there is quite a long way to go before a fully integrated and risk-averse environment for clearing and settlement is achieved.
Children Singing
Authors: Harding Valentine
Published: July 2018

This chapter considers children’s music-making in London, UK, and in rural West Bengal, India. While learning styles within these communities differ considerably, folk music is the basis of learning in both, with nursery rhymes and children’s songs considered within this category of “folk” music. The role of parents in both communities is a crucial factor in the learning process. In the Bengali context, parents often continue to teach music to their child into adulthood. The chapter considers the process of nurturing in early years, the role of nursery rhymes, teaching styles, introducing children to their cultural roots and, above all, the reactions of children themselves to these processes. The narrative also includes the influences of colonialism on children’s songs past and present, both in the UK and India, and in other previously colonized countries. The impact of modernization in India on the development of folk music is also considered.
Alopecia due to high androgen index contraceptives
Authors: Graves Katelyn Y. , Smith Benjamin J. , Nuccio Brigitta C.
Published: July 2018

Adverse reactions to hormonal contraceptives are a common patient concern. Alopecia, an adverse reaction to androgen activity caused by the progestin component of hormonal contraceptives, can cause considerable psychosocial distress for women. This article discusses how to identify the level of androgen activity in certain progestins, how increased androgen activity can lead to hair loss, and alternatives for patients experiencing androgenic alopecia due to high androgen index contraceptives.
Development and Preliminary Findings of the Dizziness Symptom Profile
Authors: Jacobson Gary P. , Piker Erin G. , Hatton Kelsey , Watford Kenneth E. , Trone Timothy , McCaslin Devin L. , Bennett Marc L. , Rivas Alejandro , Haynes David S. , Roberts Richard A.
Published: July 2018

Objectives:

Dizziness, vertigo, and unsteadiness are common complaints of patients who present to primary care providers. These patients often are referred to otology for assessment and management. Unfortunately, there are a small number of specialists to manage these patients. However, there are several dizziness disorders that can be successfully managed by primary care providers if the disorder is properly identified. To assist in the identification of several of the most common dizziness disorders, we developed the dizziness symptom profile (DSP). The DSP is a self-report questionnaire designed to generate one or more differential diagnoses that can be combined with the patient’s case history and physical examination.

Design:

This report describes three investigations. Investigations 1 and 2 (i.e., exploratory and confirmatory investigations, N = 514) describe the development of the DSP. Investigation 3 (N = 195) is a validation study that describes the level of agreement between the DSP completed by the patient, and, the differential diagnosis of the otologist.

Results:

The final version of the DSP consists of 31 items. Preliminary findings suggest that the DSP is in agreement with the differential diagnoses of ear specialists for Meniere’s disease (100% agreement), vestibular migraine (95% agreement), and benign paroxysmal positional vertigo (82% agreement).

Conclusions:

Early results suggest that DSP may be useful in the creation of differential diagnoses for dizzy patients that can be evaluated and managed locally. This has the potential to reduce the burden on primary care providers and reduce delays in the diagnosis of common dizziness and vertigo disorders.
The Fragility of Statistically Significant Results in Pediatric Orthopaedic Randomized Controlled Trials as Quantified by the Fragility Index: A Systematic Review
Authors: Khormaee Sariah , Choe Judy , Ruzbarsky Joseph J. , Agarwal Kunal N. , Blanco John S. , Doyle Shevaun M. , Dodwell Emily R.
Published: July 2018

Background:

The randomized controlled trial (RCT) is the gold standard study design allowing critical comparison of clinical outcomes while minimizing bias. Traditionally clinical trials are evaluated through statistical significance, expressed by P-values and confidence intervals. However, until recently, the robustness of a study’s conclusions has been given little attention. A new metric, the fragility index, quantifies the number of patients theoretically required to switch outcomes in order to reverse the study conclusions. The primary aim of our work was to determine the fragility index of RCTs in the pediatric orthopaedic literature. The secondary aim was to determine study factors associated with lower fragility index.

Methods:

Pubmed and Embase were systematically searched for pediatric orthopaedic RCTs published September 1, 2006 to September 1, 2016. Two independent reviewers screened titles, abstracts, and manuscripts to identify studies published in English involving 2 treatment arms. Trials without dichotomous primary or secondary outcomes or with patients >18 years were excluded. Data were extracted from each eligible article in duplicate and the fragility index was determined using Fisher exact test, with previously published methods. Univariate analysis was used to determine factors associated with lower fragility index.

Results:

Seventeen trials were eligible for inclusion. The median treatment arm size was 58 and overall sample size was 116 patients. The median fragility index was 3 (range, 0 to 18). A fragility index of 3 means that just 3 patients would need to switch treatment outcomes in order for the trial results to become statistically nonsignificant. In 1 study, the number of patients lost to follow-up exceeded the fragility index, such that the study conclusions could be completely reversed purely depending on the outcomes of the patients lost to follow-up. Lower fragility index was associated with smaller patient sample sizes and greater P-values.

Conclusions:

The fragility index is a useful adjunct metric to the P-value and confidence intervals, allowing analysis of the robustness of study conclusions. RCTs in pediatric orthopaedics often have small sample sizes, many with low fragility indices. Future efforts could focus on encouraging institutional collaboration and patient recruitment with the ultimate goal of improving RCT sample sizes, and potentially improving the robustness of RCT results.

Level of Evidence:

Level I.
What’s New in Pediatric Orthopaedic Trauma: The Lower Extremity
Authors: Rickert Kathleen D. , Hosseinzadeh Pooya , Edmonds Eric W.
Published: July 2018

Background:

Skeletal trauma is a primary tenet of pediatric orthopaedics. Many high-quality studies have been published over the last few years with substantial relevance to the clinical practice of pediatric orthopaedic trauma. Because of the volume of literature on the subject, this review excludes upper extremity trauma and focuses on the publications affecting the lower extremity.

Methods:

An electronic search of the PubMed database was performed utilizing keywords for pediatric lower extremity trauma: pelvic injuries, femur fractures, tibial shaft fractures, femur fractures, ankle fractures, and foot fractures. All 835 papers related to the treatment of pediatric orthopaedic trauma of the lower extremity published from January 1, 2012 to July 31, 2017 were reviewed, yielding 25 papers that were believed to contribute significant findings to the profession.

Results:

Of the 25 papers selected for presentation within this review, 8 related to tibial shaft injuries, 6 involved the pelvis, 5 involved femur fractures, 4 related to ankle injuries, 2 involved foot injuries, and 1 regarding trauma and venous thromoembolism. The level of evidence for these studies were either level III or IV.

Conclusions:

Higher-grade pediatric pelvic fractures do not correlate with increased severity of splenic or hepatic injuries. Successful union of femur fractures in older children can be obtained by surgeon preferred method of surgical management. Pediatric tibia shaft fractures should be managed conservatively in most cases; however, fractures with >20% of displacement and associated fibula fractures have a 40% risk of requiring delayed surgical stabilization. Vigilance remains the sin qua non regarding identification and appropriate management of compartment syndrome and venous thromboemobolism in children. Many Salter-Harris I distal fibula fractures are now believed to be ligamentous injury and can be treated as such. Calcaneous fractures remain uncommon in pediatrics, but minimally invasive approaches of surgical reduction and fixation may reduce complications in management.

Level of Evidence:

Level IV.
The Association of Variations in Hip and Pelvic Geometry With Pregnancy-Related Sacroiliac Joint Pain Based on a Longitudinal Analysis
Authors: Ji Xiang , Morino Saori , Iijima Hirotaka , Ishihara Mika , Kawagoe Mirei , Umezaki Fumiko , Hatanaka Yoko , Yamashita Mamoru , Tsuboyama Tadao , Aoyama Tomoki
Published: July 2018

Study Design.

Cross-sectional study using radiological measurements and longitudinal data analysis.

Objective.

We aim to explore hip/pelvic geometry on anteroposterior radiographs and examine if such parameters are associated with clinical symptoms.

Summary of Background Data.

Pregnancy-related sacroiliac joint pain is a common disease and is responsible to the disability of daily activities. The etiology is likely to be correlated with the biomechanical factors which are determined by trunk load and hip/pelvic geometry. Previous studies have already found the association between symptoms and weight increase during pregnancy. However, the relationship between bony anatomy and pregnancy-related sacroiliac joint pain remains unknown.

Methods.

In total, 72 women were included in the final analysis. In pregnant women with self-reported sacroiliac joint pain, pain scores at 12, 24, 30, and 36 weeks of pregnancy were recorded and included in a mixed-effect linear regression model as dependent variables. The radiological measurements were included as independent variables. Furthermore, to investigate the relationship between hip/pelvic geometry and the activity-specific nociceptive phenomenon, the radiological measurements between patients with and without activity-induced pain were compared using a binominal logistic regression model.

Results.

The relative bilateral is chial tuberosity distance (betta coefficient: 0.078; P = 0.015) and the relative bilateral femoral head length (betta coefficient: 0.011; P = 0.028) showed significant interactions with the slope of pain scores. Moreover, women whose pain exacerbate during prolonged walking had a higher odds in hip/pelvic geometry of the bilateral ischial tuberosity distance (odds ratio [OR]: 1.12; P = 0.050) and the bilateral femoral head length (OR: 1.16; P = 0.076) with approximately significant P-value.

Conclusion.

These data indicate hip/pelvic anatomical variations are associated with the degree of pain increasing and the activity-specific pain during pregnancy, which may help to have further understanding on the biomechanical factor in developing pregnancy-related sacroiliac joint pain.

Level of Evidence: 3