bluuebunny/crossref_metadata_2025 huggingface dataset:
Disruption of the anaphase-promoting complex confers resistance to TTK inhibitors in triple-negative breast cancer
Authors: Thu K. L. , Silvester J. , Elliott M. J. , Ba-alawi W. , Duncan M. H. , Elia A. C. , Mer A. S. , Smirnov P. , Safikhani Z. , Haibe-Kains B. , Mak T. W. , Cescon D. W.
Published: January 2018

Significance

Using functional genomic screens, we have identified resistance mechanisms to the clinical TTK protein kinase inhibitor (TTKi) CFI-402257 in breast cancer. As this and other TTKi are currently in clinical trials, understanding determinants of tumor drug response could permit rational selection of patients for treatment. We found that TTKi resistance is conferred by impairing anaphase-promoting complex/cyclosome (APC/C) function to minimize the lethal effects of mitotic segregation errors. Discovery of this mechanism in aneuploid cancer cells builds on previous reports indicating that weakening the APC/C promotes tolerance of chromosomal instability in diploid cells. Our work suggests that APC/C functional capacity may serve as a clinically useful biomarker of tumor response to TTKi that warrants investigation in ongoing clinical trials.
Narrative, Identity, and the City
Authors: Lejano Raul P. , Lejano Alicia P. , Constantino Josefina D. , Almadro Aaron J. P. , Evaristo Mikaella
Published: January 2018

Raul P. Lejano offers a boldly original synthesis of narratology, psychology, and human geography. This helps him articulate his two main insights: that our identity as individuals, though not completely determined by sociocultural factors, nevertheless profoundly reflects our embeddedness in particular places; and that the way we think of, or would like to think of, our own identity is most readily captured in the stories we tell about ourselves. Most revealing of all, he suggests, are our stories about coming to grips with an entire city, especially when our experience of it is actually one of dislocation or relocation – when we in some sense or other “lose” a city to which we have hitherto belonged, or when we “find” a new one. By way of illustration the book includes four specially commissioned autobiographical stories by writers of Filipino origin, which Lejano’s analytical chapters compare and contrast with each other within his interdisciplinary frame of reference. At once learnedly sophisticated and readably empathetic, his commentaries are underpinned by a basically phenomenological orientation, which leads him to view human individuals as essentially relational beings, naturally inclined to enter into dialogue with both their fellow-creatures and the larger environment.
Bilingual child acquisition through the lens of sociolinguistic approaches
Authors: Cornips Leonie
Published: January 2018

This paper entails a perspective on bilingual child acquisition through the lens of sociolinguistic approaches. A discussion of the concepts of monolingual language ideology and power dynamics is undertaken in order to reveal their important consequences on studying bilingual child acquisition, in particular, which (parts of) language(s) and children are important to study with which kinds of methodologies, concepts, and analyses. This paper discusses ethnographic fieldwork as a methodology to dive deeper into the whole envelope of bilingual child use in situated interactions with parents/care-takers, teachers and other children at home and in the classroom. The emphasis on language ideologies and power dynamics has helped sociolinguistic enquiry to move away from existing monolingual bias in bilingual child acquisition research.
Usage-based approaches to second language acquisition
Authors: Wulff Stefanie , Ellis Nick C.
Published: January 2018

We present an overview of the cognitive underpinnings of usage-based approaches to second language acquisition (L2A). Not all constructions are equally learnable, even after years of (frequent) exposure. We present a usage-based analysis of this phenomenon in terms of fundamental principles of associative learning: Low salience, low contingency, and redundancy all lead to form-function mappings being less well learned. Compounding this, adult acquirers show effects of learned attention and blocking as a result of L1-tuned automatized processing of language. We also describe form-focused instruction studies that aim to recruit learners’ explicit, conscious processing capacities for noticing novel L2 constructions before subsequent implicit processing consolidates it into the system. We conclude with further readings which discuss wider coverage of usage-based L2A.
Simultaneous child bilingualism
Authors: Nicoladis Elena
Published: January 2018

Simultaneous bilingual children are exposed to two languages from an early age. They show a remarkable ability to differentiate their two languages from early in development. They nonetheless show some small signs of cross-linguistic influence, or processing their two languages in ways that show influence from the other language. Bilingual children’s language development can lag behind that of monolingual children’s, at least when including only the results of one of their languages. Some (but not all) studies have shown bilingual advantages in some aspects of cognitive development. It is not yet clear why there are differing results across studies.
The role of language input environments for language outcomes and language acquisition in young bilingual children
Authors: De Houwer Annick
Published: January 2018

This chapter outlines a holistic framework for approaching the study of language input to children under age 6 acquiring oral languages in bilingual settings. After a brief historical overview, the input factors discussed include relative timing of input in two languages, cumulative, absolute and relative frequency of overall language input, input frequency of linguistic categories, language models, the people speaking to children and language choice patterns, communicative settings and media use, and interactional style. The chapter addresses methodological issues and gives an indication of the extent to which particular aspects of the input have been investigated. It ends with a selective evaluation of links between input and bilingual language outcomes and early bilingual acquisition.
First language attrition and bilingualism
Authors: Yılmaz Gülsen , Schmid Monika S.
Published: January 2018

A considerable amount of research has been devoted to exploring how bilinguals accommodate their languages. Since it has long been assumed that the native language, once completely acquired, would be immune to change, this research has mainly been focused on L2 development and L1 interference in the process of L2 learning (Gass & Selinker, 1992; Kecskes & Papp, 2000; Mitchell et al., 2013; Ringbom, 1987). However, psycholinguistic and neurolinguistic investigations into the bilingual mind have consistently demonstrated that interaction between languages is two-way and that bilinguals use and process their native languages differently than monolinguals (Cook, 2015; Green & Abutalebi, 2013; Pavlenko & Jarvis, 2002). While the precise nature of this phenomenon and the linguistic and psycholinguistic determinants involved have not been completely explored, the symptoms ascribed to first language attrition are unanimously characterized as a natural part of the developmental process in bilingualism. As attrition research has considerably advanced our knowledge on the impact of later-learned languages and bilingualism on the L1 and the loss of L1 skills, this has led to the realization that L1 attrition forms a vital component of research into bilingualism. This chapter will present a synthesis derived from the findings of previous studies on first language attrition in adult speakers in an attempt to explain the extent to which native language knowledge can become compromised, and how. It will also demonstrate how including these speakers in bilingualism investigations may help us explore the limits and possibilities of our language capacity and provide additional insight into controversial issues in second language acquisition research such as maturational constraints and the nature of L2 knowledge in late learners.
Bilingualism and executive function
Authors: Bialystok Ellen
Published: January 2018

This chapter examines the idea that much of the confusion and contradictory evidence about the relation between bilingualism and executive function can be traced to an over-simplification of the two main terms. Using more nuanced definitions for “bilingualism” and “executive function”, research examining the effect of bilingualism on cognition in infancy, childhood, and adulthood is reviewed. The sum of the evidence is then used to attempt to extract a common “mechanism” for the diverse effects that is consistent with a broader definition of the main concepts of bilingualism and executive function. The conclusion is that a continuous notion of “executive attention” in which there is a linear relation between degree of bilingualism and degree of executive function demands provides a good fit with the empirical evidence and a plausible explanation for the modifications found in the brain and behavior of bilinguals across the lifespan.
Not quite neo-sentimentalism
Authors: Oliver-Skuse Tristram
Published: January 2018

The view that some evaluative concepts are identical to some affective concepts naturally falls out of neo-sentimentalism, but it is unstable. This paper argues for a view of evaluative concepts that is neo-sentimentalist in spirit but which eschews the identity claim. If we adopt a Peacockean view of concepts, then we should think of some evaluative concepts as having possession conditions that are affective in some way. I argue that the best version of this thought claims that possessing those concepts requires being rationally compelled to form evaluative beliefs in response to certain emotions.
Unique antimicrobial spectrum of ophiobolin K produced by Aspergillus ustus
Authors: Sohsomboon Natthapat , Kanzaki Hiroshi , Nitoda Teruhiko
Published: January 2018

A co-cultivation study of two fungal strains showed that Aspergillus ustus could inhibit Aspergillus repens growth. The bioactive compound responsible for the observed activity was purified and identified as a sesterterpene, ophiobolin K. Ophiobolin K exhibited marked inhibition against both fungi and bacteria, especially A. repens, A. glaucus and gram-positive bacteria including Bacillus subtilis, Staphylococcus aureus, and Micrococcus luteus.
Extreme Value Laws for sequences of intermittent maps
Authors: Freitas Ana Cristina , Freitas Jorge , Vaienti Sandro
Published: January 2018

We study non-stationary stochastic processes arising from sequential dynamical systems built on maps with a neutral fixed point and prove the existence of Extreme Value Laws for such processes. We use an approach developed in an earlier work of the authors, where we generalised the theory of extreme values for non-stationary stochastic processes, mostly by weakening the uniform mixing condition that was previously used in this setting. The present work is an extension of our previous results for concatenations of uniformly expanding maps.
A low-complexity add-on score for protein remote homology search with COMER
Authors: Margelevičius Mindaugas
Published: January 2018

Motivation

Protein sequence alignment forms the basis for comparative modeling, the most reliable approach to protein structure prediction, among many other applications. Alignment between sequence families, or profile–profile alignment, represents one of the most, if not the most, sensitive means for homology detection but still necessitates improvement. We aim at improving the quality of profile–profile alignments and the sensitivity induced by them by refining profile–profile substitution scores.

Results

We have developed a new score that represents an additional component of profile–profile substitution scores. A comprehensive evaluation shows that the new add-on score statistically significantly improves both the sensitivity and the alignment quality of the COMER method. We discuss why the score leads to the improvement and its almost optimal computational complexity that makes it easily implementable in any profile–profile alignment method.

Availability and implementation

An implementation of the add-on score in the open-source COMER software and data are available at https://sourceforge.net/projects/comer. The COMER software is also available on Github at https://github.com/minmarg/comer and as a Docker image (minmar/comer).

Supplementary information

Supplementary data are available at Bioinformatics online.
Host-specific differences in the contribution of an ESBL IncI1 plasmid to intestinal colonization by Escherichia coli O104:H4
Authors: Giles M , Cawthraw S A , AbuOun M , Thomas C M , Munera D , Waldor M K , La Ragione R M , Ritchie J M
Published: January 2018

Objectives

To assess stability and contribution of a large ESBL-encoding IncI1 plasmid to intestinal colonization by Escherichia coli O104:H4 in two different mammalian hosts.

Methods

Specific-pathogen-free 3–4-day-old New Zealand White rabbits and conventionally reared 6-week-old weaned lambs were orally infected with WT E. coli O104:H4 or the ESBL-plasmid-cured derivative, and the recovery of bacteria in intestinal homogenates and faeces monitored over time.

Results

Carriage of the ESBL plasmid had differing impacts on E. coli O104:H4 colonization of the two experimental hosts. The plasmid-cured strain was recovered at significantly higher levels than WT during late-stage colonization of rabbits, but at lower levels than WT in sheep. Regardless of the animal host, the ESBL plasmid was stably maintained in virtually all in vivo passaged bacteria that were examined.

Conclusions

These findings suggest that carriage of ESBL plasmids has distinct effects on the host bacterium depending upon the animal species it encounters and demonstrates that, as for E. coli O157:H7, ruminants could represent a potential transmission reservoir.
Introduction
Authors: Harrison James
Published: January 2018

Chapter 1 provides an introduction to both the anthropogenic threats facing the marine environment at the beginning of the twenty-first century and the role that international law plays in regulating humankind’s impacts on the oceans. It argues that the protection of the marine environment is a common concern of humankind, requiring the cooperation of all States in adopting appropriate international rules and standards to address the main threats to the marine environment and collective efforts to ensure the enforcement of those norms. The chapter then explains the key sources of international law that are relevant to the regulation of marine activities, highlighting the central role played by treaties, related non-binding instruments, judicial decisions, and general principles of international law. This introduction to the sources of international law provides a basic background to the more detailed analysis of specific treaties and related instruments in the remainder of the book.
Environmental Regulation of Seabed Activities within and beyond National Jurisdiction
Authors: Harrison James
Published: January 2018

Chapter 8 considers the regulation of seabed activities within and beyond national jurisdiction. First, the legal framework for seabed activities within national jurisdiction is examined, highlighting the central role played by coastal States, the basic rules that apply by virtue of UNCLOS, and the opportunities for supplementary global or regional rules to improve marine environmental protection. The chapter undertakes a case study of the development of rules and standards relating to the hydrocarbon industry. The chapter then turns to the regulation of seabed activities beyond national jurisdiction. In this context, UNCLOS confers significant legislative and enforcement powers on the International Seabed Authority, which acts on behalf of the international community to regulate deep-seabed mining. The chapter analyses the way in which environmental protection has been integrated into Regulations to date, and discusses future challenges remaining in this respect.
Towards Integrated Management of the Oceans at the International Level
Authors: Harrison James
Published: January 2018

The world’s oceans constitute a single, interconnected planetary system, and their effective protection, therefore, demands an integrated approach. Yet, the decentralized nature of the international legal order means that the challenges for coordination are immense. Chapter 10 explains the difficulties of developing a coherent and comprehensive legal framework for the protection of the marine environment, with a particular focus on the challenges of promoting multipurpose marine protected areas in light of the proliferation of sectoral regulatory regimes. The chapter then assesses the possible mechanisms for promoting coordination between relevant treaties. Both top-down global coordination of environmental protection and bottom-up cooperation are considered. The prospects for this issue to be addressed through the ongoing negotiations on a new legally binding instrument for the conservation of marine biodiversity in areas beyond national jurisdiction are also taken into account.
3 The Administrative State in Europe
Authors: Sabino Cassese
Published: January 2018

This chapter examines the ‘administrative state’ and its particular expressions in Europe. Coined in 1948 by the American political scientist Dwight Waldo, the administrative state stands for the exclusive link established between the state and administration. Administrative systems and administrative law were shaped according to the needs of the various different state models; as each nation-state developed along divergent lines, administrative systems diverged too. Therefore, public administrations and their systems of administrative law were seen as final enclaves of nationalism. Each system is said to be unique to the history and traditions of a specific society, and designed expressly for the society within which it operates. As such, the chapter makes a comparison between certain divergent models of state, before delving into other trends of statehood, and finally, it examines the impact of globalisation and the European Union on the administrative state.
5 Evolution and Gestalt of the Austrian State
Authors: Ewald Wiederin
Published: January 2018

This chapter presents an overview and history of the Austrian administrative state. It shows how the traditional form of the Austrian administration evolved in the second half of the nineteenth century. After defeat in World War I, the Republic of Austria succeeded the extinct Danube Monarchy; it took over the Viennese central administrative departments and their personnel and remained a ‘typical administrative state’. In the early modern period, the fundamental elements of Austria's administration developed on three different levels that still exist and to this day continue to characterize the administration's structure. Most notably, the state's dominant administrative feature is expressed by the equality of the judiciary and the administrative branch in both standing and rights.
10 Evolution and Gestalt of the Italian State
Authors: Bernardo Giorgio Mattarella
Published: January 2018

This chapter presents an analysis of Italy's administrative history. It looks at the historical development of Italian public administration and administrative law in Italy beginning from the nineteenth century. The chapter then proceeds to the first half of the twentieth century, focusing primarily on the policies of Prime Minister Giovanni Giolitti, which saw a marked rise in changes and developments within administrative law. Also of note during this period was the role of administrative law during the era of fascism in Italy. The latter half of the twentieth century would mark a departure from this period, focusing mainly on liberal administrative law and the Republic. Finally, the chapter turns to the features of administrative law in the twenty-first century, before closing with some concluding remarks on the features peculiar to Italian administrative law.
11 Evolution and Gestalt of the Spanish State
Authors: Eduardo García de Enterría , Ignacio Borrajo Iniesta
Published: January 2018

This chapter looks at Spanish administrative law and its history and characteristics. Spain's administrative law was created in a context of political chaos and economic hardship. These elements were a constant in the history of the country for most of the nineteenth and twentieth centuries. The chapter looks further back, however, by looking at the genesis of the Spanish political system from the fifteenth century until the liberal revolution of the nineteenth century. In particular, the vagaries of the nineteenth century and the inability to cope with the demands of the twentieth century explain certain defining features of Spanish administrative law.
13 Evolution and Gestalt of the State in the United Kingdom
Authors: Martin Loughlin
Published: January 2018

This chapter examines the significance of public authority in the British system of government. It seeks, in particular, to explain why the structure of public authority that evolved in Britain did not recognize a formal distinction between public law and private law. Critical to that account, it is suggested, is an appreciation of the ambivalent standing of the concepts of state, constitution, and administration in the British system. The status of these concepts has been placed in question as a consequence of the growth of government, especially over the last century. The dramatic extension in administrative government has unsettled many of the assumptions on which Britain's historic evolutionary constitution has rested and presented certain novel legal challenges. This has resulted in the formation of a centrally-directed administrative system, the emergence of a distinctive system of administrative law, and an explicit acknowledgment of a public law/private law division.
15 Legal Conceptions of Statehood
Authors: Giovanni Biaggini
Published: January 2018

This chapter traces the evolution of legal conceptions of the state. In relation to the topic, the chapter discusses the structures and boundaries of various state administrations. It first looks at the changing conceptions and characterizations of the term ‘state’ since its first appearance in writings during the early modern period. The chapter then considers the conceptions of statehood and administration together, and their implications for the Europeanization and internationalization of law. Afterwards, the chapter delves into a more thorough discussion of administration as a multifaceted concept. From here, the chapter provides some concluding remarks on the process of Europeanization as a plurality as a result of the different conditions and conceptions of administration within the individual states.
Civil Jurisdiction and Judgments in Europe
Authors: Trevor C Hartley
Published: January 2018

This book offers comprehensive coverage and analysis of the relationship between the three instruments governing civil jurisdiction and judgments in Europe: the Brussels Regulation, the Lugano Convention, and the Hague Choice of Court Convention. The text provides a practical explanation of how the instruments operate, focusing on real-life litigation problems, and including extensive reference to the case-law of the Court of Justice of the European Union. The work is specifically designed for ease of navigation and is split into four parts. Part I offers an introduction to the features and scope of each of the instruments. Part II goes on to examine the issue of jurisdiction whilst Part III tackles recognition and enforcement. Finally, Part IV addresses procedural and systematic problems. A detailed table of contents and extensive cross-referencing throughout make it simple to home in on the relevant sections.
Part I General and Introductory, 2 International and Territorial Application
Authors: Trevor C Hartley
Published: January 2018

This chapter discusses the scope of the Brussels 2012, Lugano 2007, and the Hague Convention. This is an important issue because if a case is outside their scope, they will not apply. It considers the international and territorial aspects: the rule that the instruments apply only in situations with an international element; and the fact that they apply only to particular territories. All three instruments apply in the European Union as part of EU law. Their territorial scope is, first and foremost, to be determined by looking at the EU Treaties. In the non-EU Parties to Lugano and Hague, the position is different. In those States, the instruments apply by virtue of international law.
Part I General and Introductory, 4 Subject-Matter Scope: Civil and Commercial Matters
Authors: Trevor C Hartley
Published: January 2018

This chapter discusses the ‘subject-matter scope’ of Brussels 2012, Lugano 2007, and the Hague Convention. ‘Subject-matter scope’ refers to the scope covered by a measure as regards its subject matter, that is to say the branches and areas of the law to which it applies. For the three legal instruments under consideration, the relevant provisions are contained in Article 1 of Brussels 2012 and Lugano, and Articles 1 and 2 of Hague. A review of case law shows that the distinction between a civil matter and public matter is far from straightforward. There is a significant grey area in which the Court of Justice of the European Union could legitimately go either way.
Part II Jurisdiction, 7 Jurisdiction: General Principles
Authors: Trevor C Hartley
Published: January 2018

This chapter deals with the general aspects of jurisdiction. It focuses on Brussels 2012 and Lugano 2007, since Hague is concerned only with one special kind of jurisdiction. It shows that Brussels 2012 and Lugano 2007 are highly structured instruments. They have been carefully designed to provide a system of jurisdiction which enables the EU to function almost as if it were a single juridical unit. Though it has its flaws, it nevertheless constitutes a remarkable intellectual achievement. The discussions cover the theory of jurisdiction, exclusive and non-exclusive jurisdiction, the basic structure of Brussels and Lugano, determination of domicile under Brussels and Lugano, concept of residence under Hague, determination of domicile under UK law, nationality, declarations of non-liability (negative declarations); and the courts ‘for a place’ and the courts ‘of a Member State’.
Part II Jurisdiction, 12 Exclusive Jurisdiction
Authors: Trevor C Hartley
Published: January 2018

The special feature of exclusive jurisdiction is that it has two aspects: not only does it confer jurisdiction on the specified court, but it also deprives all other courts of the jurisdiction they might otherwise have had. It may arise because of the intrinsic importance of the subject-matter for the country concerned, or it may be the result of the choice of the parties. The latter is the case with regard to choice-of-court agreements. This chapter considers the situations in which Brussels 2012 and Lugano 2007 lay down rules of exclusive jurisdiction that apply irrespective of the will of the parties. The relevant provisions are contained in Brussels 2012, Article 24 and Lugano 2007, Article 22. They apply even if neither party is domiciled in the European Union (or Lugano area). This chapter covers immovable property, companies and other legal persons, public registers, intellectual property, and enforcement of judgments.
Part II Jurisdiction, 13 Choice-of-Court Agreements
Authors: Trevor C Hartley
Published: January 2018

This chapter considers choice-of-court agreements under Brussels 2012, Lugano 2007, and Hague. The issue is considered based on the assumption that the courts of only one country are involved. Several provisions in all three instruments are relevant. In the case of Brussels 2012, the most important for present purposes is Article 25; in the case of Lugano 2007, it is Article 23; in the case of Hague, the whole Convention could be regarded as relevant, since all of it is concerned with choice-of-court agreements. The discussions cover the nature of choice-of-court agreements, relevant provisions, location of the designated court, the need for an international element, asymmetric choice-of-court agreements, indirect designation, formal validity and consent, substantive validity, severability, disputes covered, parties covered, the obligation to hear the case, and the obligation to decline jurisdiction.
Part II Jurisdiction, 15 Examination as to Jurisdiction and Admissibility
Authors: Trevor C Hartley
Published: January 2018

This chapter considers the court's obligation to examine of its own motion whether it has jurisdiction under Brussels 2012 and Lugano 2007. There are two cases in which the court must of its own motion declare that it has no jurisdiction. The first is where it is seised of a claim which is principally concerned with a matter over which the courts of another Member State (Lugano State) have exclusive jurisdiction by virtue of Brussels 2012, Article 24 (Lugano 2007, Article 22). The second case is where a defendant domiciled in one Member State is sued in a court of another Member State and does not enter an appearance. Here, the court is seised of its own motion declare that it has no jurisdiction unless its jurisdiction is derived from the provisions of the Regulation.
Part III Recognition and Enforcement, 17 Brussels and Lugano: Procedure
Authors: Trevor C Hartley
Published: January 2018

This chapter, which applies only to Brussels 2012 and Lugano 2007, discusses the procedure for the recognition and enforcement of judgments. If a judgment is enforceable under Brussels or Lugano, it must be enforced under those instruments: it is not permitted to sue the defendant again on the original cause of action, even if this would be less expensive. The position under the two instruments appears rather different because, while Lugano 2007 follows Brussels 2000 in requiring the judgment-creditor to obtain a declaration of enforceability as a precondition for enforcement, this is no longer necessary under Brussels 2012. However, the difference is not very great in practice. The chapter discusses the abolition of exequatur and enforcement orders, enforceability, enforcement, recognition, refusal of recognition, enforcement procedure: general principles, and special issues that arise in the enforcement of judgments.
Part III Recognition and Enforcement, 20 Hague
Authors: Trevor C Hartley
Published: January 2018

This chapter considers recognition and enforcement under the Hague Convention. Hague applies only to judgments given by a court of a State to which the Hague Convention applies, and it applies only if the court of origin had jurisdiction under a choice-of-court agreement. The position under Hague is different from that under Brussels 2012 and Lugano 2007 since the court addressed is not precluded from deciding for itself whether the choice-of-court agreement was valid and the claim was within its scope. Apart from this, Hague has a great deal in common with Brussels and Lugano, though there are a number of additional provisions in the former that find no counterpart in the latter. The relevant provisions are found in Part III of the Convention. Article 8 lays down the general conditions for recognition; Article 9 provides certain specific grounds for non-recognition and subsequent Articles deal with special issues. Each of these provisions are considered in turn.
Part IV Procedural and Systemic Issues, 21 Concurrent Proceedings
Authors: Trevor C Hartley
Published: January 2018

This chapter examines the way Brussels 2012 and Lugano 2007 deal with the situation in which the same claim is litigated before two courts in different countries. Since parallel proceedings are undesirable, it is generally accepted that some mechanism should be used to avoid them. The mechanism adopted by both Brussels and Lugano — Hague does not deal with the matter — is the doctrine of lis pendens. Under this, the court first seised hears the case and all other courts must give it up. It has the merit of being simple and objective, but it makes no attempt to ascertain which court would be more appropriate to hear the case. This latter question introduces an element of subjectivity, which can lead to uncertainty and lengthy litigation as to where litigation will take place. The chapter first discusses lis pendens (and similar procedures in the case of related actions). It then goes on to consider the effect of Brussels and Lugano on the common-law remedies of forum non conveniens and antisuit injunctions.
Part IV Procedural and Systemic Issues, 22 Provisional, Including Protective, Measures
Authors: Trevor C Hartley
Published: January 2018

This chapter considers the special problems raised by provisional measures under Brussels 2012 and Lugano 2007. Both instruments have a provision dealing with ‘provisional, including protective, measures’. This is Article 35 in Brussels (Article 31, Lugano). This provision and the case-law under it contain important rules. The chapter begins by discussing the concept of ‘provisional, including protective, measures’. According to the Court of Justice of the European Union, the concept applies to measures which are ‘intended to preserve a factual or legal situation so as to safeguard rights the recognition of which is otherwise sought from the court having jurisdiction as to the substance of the case’. The discussions then turn to the jurisdiction to grant provisional/protective measures and recognition and enforcement of provisional/protective measures.
Part IV Procedural and Systemic Issues, 25 Relationship with Other Instruments (Conventions on a Particular Matter)
Authors: Trevor C Hartley
Published: January 2018

This chapter considers the relationship of Brussels 2012 and Lugano 2007 with certain other instruments. It covers EU instruments, conventions between Member States, and conventions on a particular matter. It concludes that protection should be given to specialized conventions: as shown in Chapter 10, maritime claims largely depend on them. Nevertheless, it would be undesirable if the improvements developed in EU measures — especially Brussels 2012 — were inapplicable in cases to which specialized conventions applied. Thus, the Court of Justice of the European Union's decision in the TNT Express Nederland case was justified; however, working out practical solutions will not be easy.
The Sources of International Law
Authors: Besson Samantha , d’Aspremont Jean
Published: January 2018

This introductory chapter offers a brief overview on the sources of international law. It first highlights the importance of and the controversies surrounding the sources of international law, touching upon the nature, legality, normativity, and legitimacy of international law, as well as the sites and tools of its contestation. The chapter then turns to the historical origins of the sources of international law, asserting that the sources of international law are in fact a product of the Enlightenment project and, arguably, of the liberal doctrine of politics. Finally, the chapter takes a look at how the dominant adherence to the sources of international law has been accompanied by constant contestation among international lawyers about their origins, criteria, functions, unity, and hierarchy. The chapter concludes with a brief summary of the following chapters.
Sources in the Modern Tradition
Authors: Gaurier Dominique
Published: January 2018

This chapter observes that early writers on the law of war or on the law of peace offered their contributions in an intellectual context that was very different from our own. They were attempting to provide explanations for the questions related to war and peace, and in doing so drew upon interesting elements in Roman or canon law. Yet, none of the sources available to them were sufficient to offer a comprehensive response to related legal issues. Although these authors were all largely relying on the Bible and on ancient or contemporaneous history, some also drew information from their own life experiences. The majority, however, built their theories on the basis of their own readings and legal knowledge. Furthermore, only very few authors addressed the question of the sources of international law.
Sources in the Modern Tradition
Authors: Lesaffer Randall
Published: January 2018

This chapter considers how the modern historiography of international law has ascribed pride of place to the jurisprudence of the law of nature and nations of the Early Modern Age. Whereas the writers from this period have had a significant influence on nineteenth-century international law, their utility as a historical source has been far overrated. The development of the law of nations in that period was much more informed by State practice than historians have commonly credited. Moreover, historiography has overestimated the novelty of the contribution of Early Modern jurisprudence and has almost cast its major historical source of inspiration into oblivion: the late medieval jurisprudence of canon and Roman law. It is thus important to restore medieval jurisprudence to its rightful place in the grand narrative of the evolution of international law.
Sources in the Meta-History of International Law
Authors: Janis Mark Weston
Published: January 2018

This chapter introduces a ‘meta-theory’ of international law. It employs the insights of Thomas Kuhn, who argued that once a paradigm has been accepted by a scientific community, most scientists accept it without much question. When the paradigm is overwhelmed, a ‘scientific revolution’—a new paradigm—emerges. The paradigm for the sources of international law is Article 38 of the International Court of Justice (ICJ) Statute, which emerged during and after World War I when international lawyers, faced with the horrors of that awful conflict, lost faith in their old discipline, thereby initiating Kuhn’s scientific revolution. Nowadays, Article 38 remains an attractive paradigm: first because the ICJ and its Statute are almost universally accepted; secondly, because it is neatly formulated; thirdly, because the paradigm has been confirmed in case law and commentary; and fourthly, because it is widely taught.
Legal History as a Source of International Law
Authors: Kolb Robert
Published: January 2018

This chapter examines to what extent ‘history’ can be considered a source of international law. It argues, in a classical way, that history is a material source of international law, though the chapter also examines some norms of positive international law which refer to historical facts. It first casts the question of history as a source of international law in its historical context. Classical international law, with its much greater emphasis on history as a factor of account, stands to by analysed, with reasons for the differences with today investigated. Hereafter, the chapter attends to the main expressions of ‘history as a source’ in the positive international law of today. Finally, the chapter considers the structural effects of historical facts and arguments on the interpreter.
Legal History as a Source of International Law
Authors: Moyn Samuel
Published: January 2018

This chapter maintains that no serious theory of the sources of international law can avoid what professional historians now take for granted: namely, that historical knowledge is necessarily political. It begins by laying out this argument, before assessing its implications for mainstream accounts of the sources of international law. The chapter goes on to explore a recent legal conflict in which history figured in order to test and improve the claim that history is political. It looks at the recent contention in US courts interpreting the Alien Tort Statute (1789) about whether a norm of corporate liability for atrocity crimes is part of customary international law. Finally, the chapter concludes that this fascinating instance of the uses of history in the ascertainment of the requirements of international law fits well the theory that historical knowledge is ineradicably political, though contained by professionalism.
Sources in Legal-Positivist Theories
Authors: Lefkowitz David
Published: January 2018

This chapter begins by examining the case for legal positivism. Legal positivism is understood as the thesis that the existence of law is a matter of its social source, regardless of its merits. Descriptive, normative, and conceptual arguments are considered, with the aim of demonstrating that what follows for the sources of international law from the commitment to positivism depends on the specific defence offered for accepting it as an account of the nature of law. The remainder of the chapter examines the possibility of customary international law: given that custom can and does serve as a source of international law, positivists owe a plausible account of how customary rules are made or posited. A preliminary argument for the compatibility of the normative practice account of custom with the respective arguments of Hans Kelsen and Joseph Raz for legal positivism brings the chapter to a close.
Sources in Legal-Positivist Theories
Authors: Kammerhofer Jörg
Published: January 2018

This chapter demonstrates that the Kelsen–Merkl Stufenbau theory of the hierarchy of norms avoids many of the misconceptions of orthodox scholarship. This theory is the closest there is to a legal common-sense theory of the sources of international law. It is close to the mainstream, but provides a solid theoretical basis. False necessities are here deconstructed: the sources are neither a priori nor external to the law. Applying the Stufenbau theory to international law, the chapter concludes by sketching out the possibilities of ordering the sources of international law. A structural analysis of the international legal order clears the way for level-headed research on this legal order’s daily operations: norm-conflict and its application and interpretation.
Sources in Legal-Formalist Theories
Authors: d’Aspremont Jean
Published: January 2018

This chapter reflects on how sources function as a vehicle of legal forms in international legal thought and practice. It specifically examines the extent to which the sources of international law are instrumental in the formalization of the determination of the contents of international legal rules as well as the formalization of the ascertainment of international legal rules. The chapter starts by distinguishing between two types of formalist theories—namely, content-determination formalism and law-ascertainment formalism—before offering some comparative insights. It then evaluates the extent to which sources contribute to the formalization of content-determination and law ascertainment in international legal thought and practice. In doing so, this chapter demonstrates that the sources of international law turn out to be a very poor vehicle of formalism and that international lawyers should accordingly cease to think of the sources of international law as conducive to the formalization of international legal argumentation.
Sources in Interpretation Theories
Authors: Venzke Ingo
Published: January 2018

It is generally recognized that interpretations do not take meanings from norms but give meanings to them. In this way, the practice of interpretation contributes to the process of international law-making. The chapter takes as a starting point the understanding of interpretation in international law as an argumentative practice about the meaning of legal norms. It asks which meaning interpreters should give to a norm and how they should justify their interpretative choices. Turning from the rule of interpretation to the reality of the practice, the chapter further asks, ‘What do interpreters do when they interpret?’ It draws attention to the power that interpreters exercise and to the biases that they maintain. In conclusion, the chapter stresses that it is necessary to keep a keen eye on the role of power and rhetoric in the interpretative practice that makes international law.
Sources and the Legality and Validity of International Law
Authors: O’Connell Mary Ellen , Day Caleb
Published: January 2018

This chapter posits that international law, like all law, can be understood as a hybrid of positive and natural law. The history of natural law from Ancient Greece to today’s global community reveals that the method used for centuries to explain extra-positive features of law consists of three integral elements. The method uses reason, reflection on nature, and openness to transcendence. Certain contemporary natural law theorists, however, prefer to focus on reason and nature alone. Yet, the history of natural law thinking shows that transcendence is integral to the method. History also reveals that religion is not the only avenue to transcendence. Transcendence completes a natural law method capable of explaining persuasively why law binds in general and why certain principles are superior to positive law.
Sources and the Systematicity of International Law
Authors: Giudice Michael
Published: January 2018

This chapter addresses a range of questions about the systematicity of sources of international law. What does it mean to say that international law’s sources form a legal system or not? Is there more than one way in which international law’s sources might or might not form a legal system? Must there be an international legal system for there to be sources of international law at all? How are we to distinguish between claims of systematicity which are of a descriptive-explanatory nature from those that are aspirational, and is there a connection between these two types of questions? The chapter takes up these questions and others from the perspective of analytical legal theory. It explains that there are certain costs when it comes to thinking about the sources of international law in terms of the idea of legal system.
Sources and the Systematicity of International Law
Authors: Hernández Gleider I.
Published: January 2018

This chapter illuminates the role that sources doctrine plays in construing international law as a system. It frames international law’s systemic qualities within the recursive relationship between sources doctrine and debates over international law’s systematicity. Sources doctrine reinforces and buttresses international law’s claim to constitute a legal system; and the legal system demands and requires that legal sources exist within it. International law’s systematicity and the doctrine of international legal sources exist in a mutually constitutive relationship, and cannot exist without one another. This recursive relationship privileges unity, coherence, and the existence of a unifying inner logic which transcends mere interstate relations and constitutes a legal structure. In this respect, the social practices of those officials who are part of the institutional workings of the system, and especially those with a law-applying function, are of heightened relevance in conceiving of international law as a system.
Sources and the Hierarchy of International Law
Authors: de Wet Erika
Published: January 2018

This chapter questions whether there is a hierarchy among the sources of international law and whether such a hierarchy is important for resolving norm conflicts stemming from the different sources of international law. It first examines whether the order between the sources listed in Article 38 (1) (c) of the International Court of Justice (ICJ) Statute is an indication of a hierarchy in accordance with the order and form in which the sources are listed or moulded. Thereafter, the chapter examines whether peremptory norms represent a substantive hierarchy. It also questions whether peremptory norms can be categorized in accordance with the sources listed in Article 38 (1) (c), or whether they constitute a separate source in international law. The chapter further engages in a similar analysis of obligations under the United Nations Charter. It concludes that peremptory norms and obligations under the Charter are indicative of a substantive hierarchy in international law.