bluuebunny/crossref_metadata_2025 huggingface dataset:
Antibiotic Overuse and Stewardship at Hospital Discharge: The Reducing Overuse of Antibiotics at Discharge Home Framework
Authors: Vaughn Valerie M , Hersh Adam L , Spivak Emily S
Published: September 2021

Though opportunities exist to improve antibiotic prescribing across the care spectrum, discharge from acute hospitalization is an increasingly recognized source of antibiotic overuse. Antimicrobials are prescribed to more than 1 in 8 patients at hospital discharge; approximately half of which could be improved. Key targets for antibiotic stewardship at discharge include unnecessary antibiotics, excess duration, avoidable fluoroquinolones, and improving (or avoiding) intravenous antibiotic therapy. Barriers to discharge antibiotic stewardship include the perceived “high stakes” of care transitions during which patients move from intense to infrequent observation, difficulties in antibiotic measurement to guide improvement at discharge, and poor communication across silos, particularly with skilled nursing facilities. In this review, we discuss what is currently known about antibiotic overuse at hospital discharge, key barriers, and targets for improving antibiotic prescribing at discharge and we introduce an evidence-based framework, the Reducing Overuse of Antibiotics at Discharge Home Framework, for conducting discharge antibiotic stewardship.
Plasma microRNA Interindividual Variability in Healthy Individuals, Pregnant Women, and an Individual with a Stably Altered Neuroendocrine Phenotype
Authors: Max Klaas E.A. , Wang Victoria R. , Chang Michael S. , Liau Jonathan , Weiss Zachary R. , Morgan Stephanie , Li Jenny , Bogardus Kimberly A. , Morozov Pavel , Suryawanshi Hemant , Akat Kemal M. , Ben-Dov Iddo Z. , Hurley Arlene M. , Dowd Kathleen , Williams Zev , Tuschl Thomas
Published: September 2021

Background

Extracellular RNAs (exRNAs) in biofluids are amenable to quantitative analysis and proposed as noninvasive biomarkers for monitoring organ function. Cell-lineage-specific microRNAs (miRNAs) are present in plasma as soluble ribonucleoproteins or enclosed in exRNA carriers and transported through the vasculature. However, more extensive studies of healthy individuals are needed to gain insights into the variability of plasma miRNA abundance and composition.

Methods

The exRNA composition of platelet-depleted plasma collected twice from 236 healthy individuals was characterized by small RNA sequencing. Plasma of pregnant women featuring dramatically increased placental miRNAs and samples from subject P12 with noticeably increased epithelial- and neuroendocrine-origin miRNAs were included for comparison. The miRNA content of 10 000g and 100 000g pellet fractions of plasma generated by ultracentrifugation was also determined. Data analysis methods included Pearson correlation, differential gene expression, and unsupervised clustering.

Results

The abundance changes for more variable miRNAs in plasma of normal individuals correlated between coexpressed cell-lineage-specific miRNAs of the liver, neuroendocrine organs, epithelial cells, and muscle. ExRNA of pellet fractions contained <2% of total plasma miRNA with modest enrichment of lineage-specific and variable miRNAs compared to supernatant. The abundance fold changes of miRNAs observed in pregnancy and P12 compared to normal exceeded interquartile variability of healthy individuals. The neuroendocrine miRNA signature of P12 persisted for more than 4 years and was absent in other individuals.

Conclusions

This study defines the framework and effect size for screening of extensive plasma collections for miRNA phenotypes and biomarker discovery.
Association Between Proposed Definitions of Clinical Remission/Response and Well-Being in Patients With Crohn’s Disease
Authors: Sandborn William J , Lewis James D , Panes Julian , Loftus Edward V , D’Haens Geert , Yu Zhuqing , Huang Bidan , Lacerda Ana P , Pangan Aileen L , Feagan Brian G
Published: September 2021

Background and Aims

Patient-reported outcomes are recommended endpoints in Crohn’s disease [CD] trials. The association between patient-reported general well-being relative to symptoms of diarrhoea and abdominal pain [AP] in patients with moderate to severe CD was explored.

Methods

Patients from three randomized, placebo-controlled, double-blind adalimumab or upadacitinib studies with average daily very soft/liquid stool frequency [SF] ≥4 and/or AP score ≥2 at baseline were included. Using electronic diaries, patients reported general well-being [seven-point Likert scale; 1 = worst; 7 = best] in item 10 of the Inflammatory Bowel Disease Questionnaire [IBDQ]. Changes in well-being and clinical outcomes of SF and AP from baseline to week 12 or 16, and the relationship between well-being and clinical outcomes were evaluated using cumulative distribution function and probability density function curves.

Results

In total, 858 patients with CD were included [adalimumab, n = 695; upadacitinib, n = 163]. Patients who achieved clinical remission [SF ≤2.8, AP score ≤1.0, neither worse than baseline] were more likely than those not in clinical remission to report IBDQ item 10 response in the 6–7 group category but not IBDQ categories ≤5. Higher IBDQ score for item 10 [6–7] was associated with lower SF and AP score. Greater point increases in IBDQ item 10 were associated with a greater percentage decrease in clinical parameters; a ≥25–30% decrease in SF or AP was associated with a ≥1-point improvement in IBDQ.

Conclusions

An association between improvements in patient-reported general well-being and clinical remission/response was observed using outcomes of SF and AP, supporting the clinical remission/response endpoint definitions used in clinical studies of CD.

Clinical Trial Registrations [ClinicalTrials.gov]: NCT00077779 [CHARM]; NCT00348283 [EXTEND]; NCT02365649 [CELEST].
Within-plant Distributions and Density of Amblyseius swirskii (Acari: Phytoseiidae) as Influenced by Interactions Between Plastic Mulch and Vegetable Crop Species
Authors: Razzak Mohammad A , Seal Dakshina R , Schaffer Bruce , Liburd Oscar E , Colee James
Published: September 2021

Plastic mulch of different colors and ultraviolet (UV) reflectivity individually or combined with released arthropod predators is an important component of an integrated pest management strategy. In 2015 and 2016, we evaluated the density and within-plant distribution of a released predatory mite, Amblyseius swirskii Athius-Henriot (Acari: Phytoseiidae) in snap bean (Phaseolus vulgaris L.), cucumber (Cucumis sativus L.), yellow squash (Cucurbita pepo L.), eggplant (Solanum melongena L.), Jalapeno pepper (Capsicum annuum L.), and tomato (Solanum lycopersicum L.) grown on different plastic mulches. The mulch treatments evaluated were: metalized top and black bottom, metalized top and white bottom, black-on-black, black-on-white, white-on-black, and bare soil with no mulch. Crop species had a significant effect on the density of A. swirskii. Eggplant and cucumber had higher numbers of A. swirskii than the other crops tested in 2015. In 2016, the density of A. swirskii was higher on eggplant than on cucumber. There was a variation in the distribution of A. swirskii in different strata of the plant canopies with the highest number in the bottom stratum of each crop, which was positively correlated with the population of Thrips palmi Karny (Thysanoptera: Thripidae). Mulch type had no effect on the density or distribution of A. swirskii in any strata of any of the crops tested. The results of this study indicate that releasing A. swirskii is compatible with the use of UV-reflective mulch. This information about host preference and within-plant distribution of A. swirskii should be of value in pest management programs for the crops studied.
Demand Shocks and Firm Investment: Micro-Evidence from Fiscal Retrenchment in Italy
Authors: Coviello Decio , Marino Immacolata , Nannicini Tommaso , Persico Nicola
Published: September 2021

We study the effect of a persistent demand shock on corporate factor utilisation. Our identification strategy leverages a legislative change designed to permanently reduce spending in certain targeted municipalities. This change generates an arguably exogenous drop in the revenue of procurement firms, which differs depending on each firm’s reliance for its revenue on procurement in the targeted municipalities. We find that firms responded to the demand shock by cutting capital rather than labour. We propose a theoretical mechanism based on the irreversibility of capital investment.
Reducing the impact of the coronavirus on disadvantaged migrants and ethnic minorities
Authors: Kumar Bernadette N , Hargreaves Sally , Agyemang Charles , James Rosemary A , Blanchet Karl , Gruer Laurence
Published: September 2021

Studies from several countries have shown that the COVID-19 pandemic has disproportionally affected migrants. Many have numerous risk factors making them vulnerable to infection and poor clinical outcome. Policies to mitigate this effect need to take into account public health principles of inclusion, universal health coverage and the right to health. In addition, the migrant health agenda has been compromised by the suspension of asylum processes and resettlement, border closures, increased deportations and lockdown of camps and excessively restrictive public health measures. International organizations including the World Health Organization and the World Bank have recommended measures to actively counter racism, xenophobia and discrimination by systemically including migrants in the COVID-19 pandemic response. Such recommendations include issuing additional support, targeted communication and reducing barriers to accessing health services and information. Some countries have had specific policies and outreach to migrant groups, including facilitating vaccination. Measures and policies targeting migrants should be evaluated, and good models disseminated widely.
Genetic influence on components of wood density variation in white spruce
Authors: Soro André , Lenz Patrick , Hassegawa Mariana , Roussel Jean-Romain , Bousquet Jean , Achim Alexis
Published: September 2021

Conifer breeding programmes are increasingly selecting for wood quality in addition to growth so to ensure a sufficient flow of high-quality fibre from future forest plantations. As wood density is one of the most frequently used indicators of wood quality, there is a growing interest to consider this trait in selection, and thus enhance the properties of end-use products from planted trees. However, wood density varies at different scales within trees, with pith-to-bark patterns and year-to-year fluctuations representing two important sources of variation. From both physiological and end-use points of view, it is desirable to produce stems with limited pith-to-bark and year-to-year wood density variation. In the present study, we assessed patterns of pith-to-bark and year-to-year variation in 2196 wood density patterns and evaluated the genetic control of traits characterizing this variation. The experimental data came from a 15-year-old white spruce genetic trial representing 93 full-sib families replicated in two contrasting environments in Quebec, Canada. To separate pith-to-bark from year-to-year variation, non-linear models were developed to describe pith-to-bark patterns of variation in the mean ring density (MRD) of individual trees as well as for latewood density (LWD) and latewood proportion. We observed that pith-to-bark variation was more under genetic control than year-to-year variation, for which only LWD and proportion of latewood width to overall ring width reached moderate genetic control. Little genotype-by-environment interaction was observed although wood density patterns differed significantly between sites. The present approach could help identify trees or families that tend to have limited pith-to-bark and year-to-year variation in wood density as part of tree genetic improvement programmes to provide future trees with more uniform and desirable wood attributes.
Sn attenuation tomography of southeastern Tibet: new constraints on lithospheric mantle deformation
Authors: Tiwari Ashwani Kant , Singh Chandrani , Sandvol Eric , Mukhopadhyay Sagarika , Singh Arun , Gupta Arun Kumar
Published: September 2021

We have formulated a 2-D Sn attenuation tomographic model to investigate the uppermost mantle shear wave Q and its tectonic implications beneath southeastern Tibet near Namche Barwa. To achieve our objective, we first compute interstation Q values using the two station method (TSM) analysis on 618 station pairs obtained from 26 regional earthquakes (Mw ≥5.5) with epicentral distances ranging from 5° to 15° recorded at 47 seismic stations belonging to the Namche Barwa network (XE network, 2003−2004). Furthermore, the QSn tomographic model is generated by utilizing these interstation Q values. QSn values are varying from 101 to 490 in the region. The tomography image reveals high attenuation (≤200 Q values) in the central region. Regions of low attenuation (>200 Q values) are observed in the southern part and in some small regions beneath the northern side of the study area. Consecutive high-low-high QSn values have been observed in the south part of the Lhasa block. The obtained QSn values, along with the prior isotropic Pn velocity model of the study area, indicate that the scattering effect is causing significant Sn wave energy dissipation due to structural heterogeneity present in the uppermost mantle beneath the region. This may be the result of the break-up of the subducting Indian Plate beneath the area.
On the low-frequency elastic response of Pierre Shale during temperature cycles
Authors: Rørheim Stian , Bauer Andreas , Holt Rune M
Published: September 2021

Temperature affects elastic rock properties but is less-studied and thus less-understood than pressure and stress. Thermal effects on dispersion are experimentally observed herein from seismic to ultrasonic frequencies: Young’s moduli and Poisson’s ratios plus P- and S-wave velocities are determined by forced oscillation (FO) from 1 to 144 Hz and by pulse transmission at 500 kHz. Despite being the dominant sedimentary rock type, shales receive less experimental attention than sandstones and carbonates. To our knowledge, no other FO studies on shale at above ambient temperatures exist. Temperature fluctuations are enforced by two temperature cycles from 20 via 40 to 60 °C and vice versa. Measured rock properties are initially irreversible but become reversible with increasing number of heating and cooling segments. Rock property sensitivity to temperature is likewise reduced. It is revealed that dispersion shifts towards higher frequencies with increasing temperature (reversible if decreased), Young’s moduli and P-wave velocity maxima occur at 40 °C for frequencies below 56 Hz, and S-wave velocities remain unchanged with temperature (if the first heating segment is neglected) at seismic frequencies. In comparison, ultrasonic P- and S-wave velocities are found to decrease with increasing temperatures. Behavioural differences between seismic and ultrasonic properties are attributed to decreasing fluid viscosity with temperature. We hypothesize that our ultrasonic recordings coincide with the transition-phase separating the low- and high-frequency regimes while our seismic recordings are within the low-frequency regime.
Pathways linking parental health literacy with health behaviours directed at the child: a scoping review
Authors: Pawellek Maja , Kopf Felicitas Maria , Egger Nina , Dresch Carolin , Matterne Uwe , Brandstetter Susanne
Published: September 2021

Health literacy (HL) is thought to be crucial for the management of the manifold demands relating to child health which parents are faced with. Albeit many studies have investigated parental HL and health behaviours (HBs) directed at the child, knowledge about the pathways which link parental HL with HB is scarce. The aim of this scoping review was to identify and comprehensively describe the variety of pathways linking parental HL with HBs directed at the child which were empirically analysed in previous studies. Following established scoping review methods database searches were conducted in MEDLINE, EMBASE, PsycINFO and WebofScience on 5 March 2020. Eligibility criteria included primary, empirical studies assessing parental HL and HB directed at the child in the general parent population. Titles and abstracts were screened independently by six reviewers for potentially relevant publications and data were extracted using standardized data extraction forms. The search identified 6916 articles for title and abstract screening. After full-text review, 50 studies were included in this review. Most studies (N = 24) assumed a direct association between HL and HBs and only few studies (N = 4) used more complex models investigating different pathways or mediation and/or moderation models. Overall, the evidence on the underlying pathways linking parental HL and HBs directed at the child is mixed and fairly limited. Therefore, hypothesis-driven research and integration of results into theoretical frameworks is needed for advancing both the research on HL and public health practice.
Physical activity disparities across Europe: clustering European regions by health-related physical activity levels
Authors: Lera-Lopez Fernando , Marco Rocio
Published: September 2021

In the context of stagnating global levels of physical activity (PA), this study examines the geographical segmentation of PA at the regional level (196 regions) in Europe. Cluster analysis and multinomial logistic regression are applied. Cluster analysis provides a taxonomy of four differentiated groups according to the health-related PA levels of the European regions. This taxonomy shows that there are significant regional disparities among European countries in terms of the regional PA level. The cluster profiles in terms of regional socioeconomic characteristics are described for each group, emphasizing the regional characteristics associated with PA. Regional economic variables, tertiary education and social Internet use are significant variables for characterizing the types of regions. The results emphasize the relevance of a European regional approach for reducing inter-regional PA disparities and improving health through PA in Europe. Practical implications of this research are based on regional European coordination, such as collaborative models of sport infrastructure use, co-financing of inter-regional facilities, mutual physical educational scholar programs and promotion of common inter-regional sport competitions and sporting events. Finally, formal schemes for exchanging of best regional practices to promote health-enhancing PA might increase the perception and the role of PA at the regional level in the European society.
Self-medication in Greece: the financial impact from expanding the OTC market
Authors: Naoum Vasiliki , Nomikos Nikos , Naoum Panagiota , Athanasakis Kostas , Kyriopoulos John
Published: September 2021

Objectives

To assess the financial impact of self-medication enhancement through a potential expansion of the over-the-counter (OTC) drug list in Greece.

Methods

An analysis consisting of two scenarios was conducted. The first scenario estimated the financial effects of hypothetically switching 5% of the volume of the total sales of reimbursed drugs in Greece to OTC, while the second scenario estimated the effects of switching to OTC the total sales volume of a set of active substances (which are currently reimbursed), facilitated by a consensus panel meeting. The analysis was conducted from the third-party payer, individual and societal perspectives. Data and costs refer to the year 2019.

Key findings

Switching 5% of the volume of the total sales of reimbursed drugs to OTC was estimated to lead to total annual savings of 227.57 million euros. The annual savings from the third-party payer, individual and societal perspectives were estimated at 97.06 million euros, 91.81 million euros and 38.69 million euros, respectively. Switching the total sales volume of the reimbursed drugs of the active substances which emerged from the consensus panel meeting was estimated to lead to total annual savings of 567.57 million euros. The annual savings for the third-party payer, individuals and society were estimated at 232.91 million euros, 241.01 million euros and 93.65 million euros, respectively.

Conclusions

Although the present analysis is model-based, and thus did not incorporate some potentially significant parameters, it demonstrated the financial savings which a potential expansion of the OTC drug list could produce for the third-party payer, individuals and society in Greece.
Law and Legalities at Work: HR Practitioners as Quasi-Legal Professionals
Authors: Kirk Eleanor
Published: September 2021

Building upon research that explores the managerialisation of law and the production of ‘symbolic’ and ‘cosmetic’ compliance, this article explores the way in which HR professionals understand and engage in the (re)production of legality at work. Drawing on interviews, observation and discourse analysis, it presents rich qualitative data on the legal consciousness of HR professionals to argue that the profession has become increasingly lawyer-like, or quasi-legal. Legal expertise confers legitimacy and authority upon a somewhat compromised professional identity, which clambers for status within corporate hierarchies. The mobilisation of law occurs in ways that reflect the familiar contradictions of HRM practitioners’ conflicted role as both ‘employee champions’ and ‘business partners’. Labour law is mobilised in ways that lend substance and authoritativeness to organisational policies and procedures, but also help employers to ‘sail close to the wind’ legally: law is harnessed to protect employers, keeping them out of court and legitimising a managerial paradigm of what is ‘right’, ‘fair’ and justifiable. The overall effect is primarily to strengthen the employer’s hand to act, whether by stifling disputes, conferring legitimacy upon organisationally defined versions of legality, or justifying core-periphery divides and the necessity for flexibility and organisational ‘agility’. The encoding of quasi-law can render labour law itself largely invisible to workers, making it difficult for them to have recourse to it when required.
Educators’ perceptions of the early impact of COVID-19 on midwifery training in Kenya: a cross-sectional survey
Authors: Shikuku Duncan N , Tallam Edna , Wako Ibrahim , Mualuko Agnes , Waweru Lucy , Nyaga Lucy , Bashir Isaak , Ameh Charles
Published: September 2021

Background

This paper presents a descriptive analysis of the perceptions of Kenyan midwifery educators regarding the early impact of coronavirus disease 2019 (COVID-19) on the continuity of midwifery education.

Methods

A cross-sectional online survey was conducted among 51 midwifery/clinical medicine educators from 35 diploma training colleges from all eight regions of Kenya. Educators’ concerns and satisfaction regarding the delivery of training during the early phases of the pandemic were expressed as proportions on a three-point Likert scale.

Results

Of the educators, 76% were extremely concerned about face-to-face teaching during the pandemic; 96% of educators had started delivering virtual teaching (VT), with only 41% being extremely confident in facilitating VT; and 97% were unsatisfied with the measures in place in their institutions to continue face-to-face teaching.

Conclusion

To minimise the impact of COVID-19 on midwifery education in Kenya, capacity building for VT and mitigation measures for safe in-person training are urgently needed.
Control of inflammation using non-invasive neuromodulation: past, present and promise
Authors: Tynan Aisling , Brines Michael , Chavan Sangeeta S
Published: September 2021

The nervous system has been increasingly recognized as a novel and accessible target in the regulation of inflammation. The use of implantable and invasive devices targeting neural circuits has yielded successful results in clinical settings but does have some risk or adverse effects. Recent advances in technology and understanding of mechanistic pathways have opened new avenues of non-invasive neuromodulation. Through this review we discuss the novel research and outcomes of major modalities of non-invasive neuromodulation in the context of inflammation including transcutaneous electrical, magnetic and ultrasound neuromodulation. In addition to highlighting the scientific observations and breakthroughs, we discuss the underlying mechanisms and pathways for neural regulation of inflammation.
The Indirect Genetic Effect Interaction Coefficientψ: Theoretically Essential and Empirically Neglected
Authors: Bailey Nathan W , Desjonquères Camille
Published: September 2021

The interaction effect coefficient ψ has been a much-discussed, fundamental parameter of indirect genetic effect (IGE) models since its formal mathematical description in 1997. The coefficient simultaneously describes the form of changes in trait expression caused by genes in the social environment and predicts the evolutionary consequences of those IGEs. Here, we report a striking mismatch between theoretical emphasis on ψ and its usage in empirical studies. Surveying all IGE research, we find that the coefficient ψ has not been equivalently conceptualized across studies. Several issues related to its proper empirical measurement have recently been raised, and these may severely distort interpretations about the evolutionary consequences of IGEs. We provide practical advice on avoiding such pitfalls. The majority of empirical IGE studies use an alternative variance-partitioning approach rooted in well-established statistical quantitative genetics, but several hundred estimates of ψ (from 15 studies) have been published. A significant majority are positive. In addition, IGEs with feedback, that is, involving the same trait in both interacting partners, are far more likely to be positive and of greater magnitude. Although potentially challenging to measure without bias, ψ has critically-developed theoretical underpinnings that provide unique advantages for empirical work. We advocate for a shift in perspective for empirical work, from ψ as a description of IGEs, to ψ as a robust predictor of evolutionary change. Approaches that “run evolution forward” can take advantage of ψ to provide falsifiable predictions about specific trait interactions, providing much-needed insight into the evolutionary consequences of IGEs.
Insight Into Host-Microbe Interactions Using Microbial Flow Cytometry Coupled to Next-Generation Sequencing
Authors: Silverman Michael A , Green Jamal L
Published: September 2021

Antibody-based assays have been a cornerstone of infectious disease diagnostics for over 100 years [1]. These assays rely on the exquisite sensitivity and specificity of humoral response to almost all infections. While next-generation sequencing (NGS) has tremendous potential to improve diagnostics and uncover host-microbial relationships by directly identifying nucleic acids from infectious microbes, challenges and opportunities for new approaches remain. Here, we review a group of cutting-edge techniques that couple antibody responses with flow cytometry of antibody tagged microbes and NGS. These studies are bringing into focus the dynamic relationship between our immune systems and endogenous microbial communities, which are an important source of pathogens. For simplicity, we use the umbrella term mFLOW-Seq (microbial flow cytometry coupled to NGS) to describe these approaches.
Dosimetric comparison among dynamic conformal arc therapy, coplanar and non-coplanar volumetric modulated arc therapy for single brain metastasis
Authors: Torizuka Daichi , Uto Megumi , Takehana Keiichi , Mizowaki Takashi
Published: September 2021

In the delivery of stereotactic radiosurgery (SRS) by linear accelerator (LINAC), dynamic conformal arc therapy (DCAT) with non-coplanar beams is conventionally used. However, volumetric modulated arc therapy (VMAT) can improve target conformity, thereby decreasing the dose to organs at risk by inversed planning methods, but few studies have directly compared DCAT and VMAT with and without non-coplanar beams in patients with single brain metastasis. We therefore conducted a planning study to compare the dose distribution in DCAT, VMAT using only a coplanar arc (CoVMAT) and VMAT with non-coplanar arcs (NcVMAT) in the treatment of single brain metastasis. DCAT, CoVMAT and NcVMAT plans were created for 15 patients. The three modalities were compared in terms of target conformity, target coverage, the dose to normal brain tissue, monitor units (MUs) and beam-on time. Both conformity indices (RTOG-CI and IP-CI) as well as the D98% of the gross target volume (GTV) were significantly better in the NcVMAT plans than in the DCAT plans. Comparisons of the doses to normal brain tissue revealed that the V20Gy, V15Gy, V12Gy, V10Gy and V5Gy were significantly smaller in the NcVMAT plans than in the plans based on the other two modalities. The MUs of the DCAT and NcVMAT plans were larger than those of the CoVMAT plans, and the beam-on time was longer in the NcVMAT and CoVMAT plans than in the DCAT plans. Compared to the CoVMAT and DCAT plans, NcVMAT plans significantly improved target conformity and reduced the doses to normal brain tissue at V20Gy, V15Gy, V12Gy, V10Gy and V5Gy.
Relationship with other Areas of International Law
Authors: Hongler Peter
Published: September 2021

This chapter discusses the interaction of the international tax regime with other international law disciplines such as trade law, investment treaty law, and human rights law. Moreover, it contains an overview of tax rules in non-tax agreements such status of force agreements or headquarter agreements signed by host states with international organizations.

The goal is to outline how these other legal regimes influence the international tax regime. The most obvious example is trade law as it limits the legislative leeway of states in tax matters in various ways. In particular, obligations derived from most-favoured nation and national treatment clauses are of great importance for tax policy and will be discussed in detail. But also, investment treaties provide for several policy limitations. In order to outline the interaction between trade law, investment treaty law, and the international tax regime, reference is made so several decisions of international courts.
The Refugee in International Law
Authors: Goodwin-Gill Guy S , McAdam Jane
Published: September 2021

The status of the refugee in international law, and of everyone entitled to protection, has always been precarious, not least in times of heightened and heated debate. People have always moved in search of safety, and they always will. This completely revised and updated edition casts new light on the refugee definition, the meaning of persecution, the role of gender and sexual orientation, the types of harm, and the protection due to refugees. The book reviews the fundamental principle of non-refoulement as a restraint on the conduct of States, even as States themselves seek new ways to prevent refugees and asylum seekers arriving. The book analyses related principles of protection—non-discrimination, due process, rescue at sea, and solutions—in light of what States, UNHCR, and treaty-monitoring bodies actually do, rather than merely deductively. It closely examines relevant treaty standards, and the role of UNHCR in providing protection, contributing to the development of international refugee law, and promoting solutions. New chapters bring into focus evolving protection demands in relation to nationality, statelessness, and displacement in the context of disasters and climate change. The book factors in the challenges posed by the movement of people across land and sea in search of refuge, and their interception, reception, and later treatment. The overall aim remains the same as in previous editions: to provide a sound basis for protection in international law, taking full account of State and community interests and recognizing the need to bridge gaps in the regime which now has 100 years of law and practice behind it.
Refugees Defined and Described
Authors: Goodwin-Gill Guy S , McAdam Jane , Dunlop Emma
Published: September 2021

This chapter defines and describes refugees. The term ‘refugee’ is a term of art, that is, a term with a content verifiable according to principles of general international law. In ordinary usage, it has a broader, looser meaning, signifying someone in flight, who seeks to escape conditions or personal circumstances found to be intolerable. For the purposes of international law, States have further limited the concept of the refugee. Defining refugees may appear an unworthy exercise in legalism and semantics, obstructing a prompt response to the needs of people in distress. On the one hand, States have nevertheless insisted on fairly restrictive criteria for identifying those who benefit from refugee status and asylum or local protection. On the other hand, the definition or description may facilitate and justify aid and protection, while satisfying the relevant criteria ought in practice to indicate entitlement to the pertinent rights or benefits. In determining the content in international law of the class of refugees, therefore, the traditional sources—treaties and the practice of States—must be examined, also taking into account the normative impact of the practice and procedures of the various bodies established by the international community to deal with the problems of refugees.
Loss
and Denial of Refugee Status and Its Benefits
Authors: Goodwin-Gill Guy S , McAdam Jane , Dunlop Emma
Published: September 2021

This chapter examines the loss and denial of refugee status and its benefits. Most international instruments not only define refugees, but also provide for the termination or denial of refugee status and the withdrawal of protection. The International Refugee Organization (IRO) Constitution, for example, described the circumstances in which refugees and the displaced would ‘cease to be the concern’ of the organization, and excluded various others, including ‘war criminals, quislings and traitors’, and ‘ordinary criminals extraditable by treaty’. Article 14 of the Universal Declaration of Human Rights prohibits invocation of the right to seek asylum ‘in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations’. These categories have been expanded in other instruments and in State practice so that, in general, refugee status may be lost or denied because of voluntary acts of the individual; a change of circumstances; where protection is accorded by other States or international agencies; and in the case of criminals or other ‘undeserving’ cases.
The
Principle of Non-refoulement—Part 1
Authors: Goodwin-Gill Guy S , McAdam Jane , Dunlop Emma
Published: September 2021

This chapter evaluates the principle of non-refoulement. In the context of immigration control in continental Europe, refoulement is a term of art covering, in particular, summary reconduction to the frontier of those discovered to have entered illegally and summary refusal of admission of those without valid papers. Refoulement is thus to be distinguished from expulsion or deportation, the more formal process whereby a lawfully resident alien may be required to leave a State, or be forcibly removed. The principle of non-refoulement prescribes, broadly, that no refugee should be returned to any country where he or she is likely to face persecution, torture, or other serious ill-treatment. The chapter examines the sources of the principle; the question of ‘risk’; the personal scope of the principle, including its application to certain categories of asylum seekers; exceptions to the principle; and its operation in the context of extradition and expulsion.
Protection under Human Rights and General International
Law
Authors: Goodwin-Gill Guy S , McAdam Jane , Dunlop Emma
Published: September 2021

This chapter explores the development of the principle of non-refoulement beyond the Refugee Convention. In broad terms, this can be described as ‘complementary protection’ because the non-refoulement obligation derives from sources that are complementary to the Refugee Convention. However, though not a term of art, ‘complementary protection’ commonly implies the grant of a domestic legal status as well. Under general international law, the principle of non-refoulement is wider than its expression in article 33 of the 1951 Refugee Convention. While States have always recognized, to varying degrees, the protection needs of people falling outside the ‘refugee’ definition in article 1A(2) of the Convention, it is only in the last 25 years or so that they have begun to articulate such protection as an international legal obligation, rather than as a matter left to the discretion and humanitarian goodwill of national governments.
The Commencement of Emergency Arbitration
Authors: Sim Cameron
Published: September 2021

This chapter details the process for commencement of emergency arbitration. Prior to the commencement of emergency arbitration, an analysis should be conducted on three issues: the applicability of emergency arbitration rules; the jurisdiction of the emergency arbitrator; and the admissibility of the prospective claim for emergency relief. If the answer to any of these three issues is in the negative, then emergency arbitration is not an option. If, however, the answer to all three of these issues is in the affirmative, then the forum of emergency arbitration is available for the applicant to seek urgent relief. There are then four further matters which require consideration. The first matter concerns the commencement of arbitration on the merits of the applicant's underlying substantive claims. The second matter concerns the appropriateness of emergency arbitration versus an application before a national court of competent jurisdiction. The third matter concerns the impact on settlement prospects. Finally, the fourth matter concerns filing requirements and costs. Consideration of these four matters may tip the balance either in favour of or against emergency arbitration, or an application for urgent relief before a court of competent jurisdiction.
The Emergency Arbitrator
Authors: Sim Cameron
Published: September 2021

This chapter examines the status, appointment, and removal of the emergency arbitrator. In an emergency arbitration, all power is concentrated in the emergency arbitrator as the sole decision-maker. The emergency arbitrator must provide justice on the run, by determining the application within narrowly prescribed timeframes, and making snap decisions that may have significant consequences for the parties. Thus, the identity of the emergency arbitrator is critical to the smooth conduct of proceedings and, more importantly, to ensuring the correct decision on the application is reached. The emergency arbitrator is appointed within a rapid timeframe, and generally without party input. However, the emergency arbitrator has been identified to have various legal peculiarities. Nevertheless, the status of the emergency arbitrator does not impact on the conduct of proceedings. This issue only comes to the fore in the context of enforcement of the emergency arbitrator's decision.
The Emergency Arbitrator’s Decision
Authors: Sim Cameron
Published: September 2021

This chapter describes the emergency arbitrator's decision, which may take the form of an order or award. The challenge for the emergency arbitrator is to produce a principled and coherent decision within the prescribed timeframes, and to ensure this complies with formal requirements set out in the applicable rules. The core obligation as regards the emergency arbitrator's decision is that the emergency arbitrator should ensure that the emergency arbitration decision is valid. The majority of Emergency Arbitration Rules expressly recognise that the decision of the emergency arbitrator binds the parties when it is rendered. However, the emergency arbitrator and the arbitral tribunal are empowered to revisit that decision. Following the emergency arbitrator's decision, a party has three options to challenge it: before the emergency arbitrator; before the arbitral tribunal; or in enforcement proceedings before a national court. The chapter also considers the provisions concerning the automatic expiration of emergency arbitrator decisions, as well as the determination and allocation of the costs of the proceedings.
International Organizations and the Capital Markets
Authors: Jordan Cally
Published: September 2021

This chapter examines the International Organization of Securities Commissions (IOSCO). Over the nearly four decades of its existence, as its composition and roles evolved, and in the absence of any other body, IOSCO became a focal point for oversight of international capital markets. Crises, first the regional Asian financial crisis of 1997–98 and then the global financial crisis, have dramatically changed IOSCO. Crises have also thrust capital markets into the international limelight, and led to the appearance of new international institutions, including the Financial Stability Forum (FSF) and the Financial Stability Board (FSB). Unlike IOSCO, both the FSF and the FSB were political initiatives. As such, they also drew into their orbit formal treaty organizations such as the International Monetary Fund (IMF) and The World Bank, among others. The chapter then looks at international financial institutions and the Financial Sector Assessment Program (FSAP).
Niche Markets and their Lessons
Authors: Jordan Cally
Published: September 2021

This chapter addresses niche markets. Niche markets are typically small, geographically challenged, and independently minded countries which, for various geopolitical reasons, have never reaped the economic benefits of expansion and empire. It is a hard business being a niche market, operating in a competitive and often unforgiving environment, engaging in constant repositioning, and facing inherent limitations on growth. Surprisingly, perhaps, there are lots of niche markets and a very diverse grouping they are, deploying a variety of survival strategies. In all cases, state capitalism, in various guises, supports these markets. In earlier times, reputation, a friendly regulator, and good business practices might have sufficed. Now, there is a new dynamic. As elsewhere, but more so in niche markets, technology is the game changer; small as well as large markets can be at the cutting edge. Technology is also providing the means for the creation of large interconnected networks of markets, which may continue to appear distinct on the surface, but which are deeply intertwined through integration of trading platforms as well as formal and informal alliances.
Discourses
Authors: Dryzek John S.
Published: September 2021

This chapter begins by elaborating on the concept of discourse, then turns to how the main discourses of environmental concern can be mapped through reference to their reactions against an earlier industrialism. It examines the content, history, and impact of the discourses of environmental problem-solving, limits and survival, sustainability, and green radicalism, as well as old and new backlashes against environmentalism. The chapter then considers the importance of discourses in ordering international environmental affairs compared with other influences. Ultimately, the influence of discourses can be discerned only by writing histories of particular cases. But in the end there is one reason to expect discourses to be more consequential in the international system than in the internal affairs of states. Formal institutions are relatively weak in the international system, meaning coordination (and disruption) across actors has to be supplied by informal mechanisms such as discourses.
Harm Prevention
Authors: Brunnée Jutta
Published: September 2021

This chapter addresses how international environmental law originates from and revolves around the harm prevention rule. It focuses on three points of contention, each related to the role of due diligence in harm prevention, and each highlighted by recent judicial engagements with the harm prevention rule. First, it is generally accepted that a state's obligation to prevent environmental harm is not absolute, but requires due diligence in the face of risk of significant harm. However, it is unclear whether a failure to act diligently to avert harm on its own—absent actual harm—can amount to a breach of the harm prevention rule. Second, the relationship between the procedural and substantive dimensions of the harm prevention rule remains ambiguous. Third, there is some uncertainty as to where the line runs between the harm prevention obligation and the precautionary principle, given the focus of both notions on risk. These inter-related conceptual questions affect the harm prevention rule's function as a reference point for international environmental law.
Public Participation
Authors: Ebbesson Jonas
Published: September 2021

This chapter outlines key concepts and contexts in relation to public participation. Few areas of international law have developed so rapidly as that on public participation in environmental matters. With some exceptions, this notion hardly existed in international law until the early 1990s. The development since then stems from two disciplines of international law: environmental law and human rights law. It pertains to public participation in decision-making at the national as well as international level, and involves important elements of multilevel governance. One important feature for this legal development, and also for the continuing vitality of the discourse, is the possibility in some environmental and human rights regimes for members of the public to access independent international review mechanisms. These bodies take the form of courts, committees, or commissions, with the mandate of examining whether state parties live up to their international obligations of ensuring participatory rights in their national jurisdictions.
National Implementation
Authors: Palmer Alice
Published: September 2021

This chapter discusses national implementation, which is a fundamental feature of international environmental law. It focuses on implementation through law at the national or ‘domestic’ level, with some consideration given to international facilitation of domestic implementation. The global nature of harmful environmental impacts requires an ‘all for one, one for all’ approach and domestic management of the environment in all states is essential to give effect to international protections. International environmental laws are recognized in national legal systems in accordance with the rules of each state and the resulting variables are many. Moreover, the extensive reach of international environmental law into the domestic sphere limits state autonomy and local norms, further complicating national implementation.
International Environmental Law Disputes Before International Courts and Tribunals
Authors: Klein Natalie
Published: September 2021

This chapter examines how international environmental law (IEL) disputes are resolved before international courts and tribunals, addressing when parties will decide to litigate an IEL dispute as opposed to utilizing another form of dispute settlement. Assuming there is reason to pursue adjudication or arbitration, it looks at questions of jurisdiction. The chapter also considers preliminary matters that emerge in these cases, notably questions of standing and whether provisional measures are needed and may be secured before an international court or tribunal. It then turns to substantive matters, but only in the context of presentation of the case in terms of evidence and use of experts. Finally, the chapter assesses the available reparations in the resolution of IEL disputes before international courts and tribunals. Ultimately, considerable progress may be noted in respect of the use of international courts and tribunals for IEL disputes, but it is prudent to observe that in this area of international law, preventing the emergence of IEL disputes is ultimately more important than ex post facto responses to environmental damage.