bluuebunny/crossref_metadata_2025 huggingface dataset:
SPOSAB ABP 501 - A SICILIAN PROSPECTIVE OBSERVATIONAL STUDY OF PATIENTS WITH INFLAMMATORY BOWEL DISEASE TREATED WITH ADALIMUMAB BIOSIMILAR ABP 501
Authors: Macaluso Fabio Salvatore , Cappello Maria , Busacca Anita , Fries Walter , Viola Anna , Costantino Giuseppe , Magnano Antonio , Vinci Elisa , Ferracane Concetta , Privitera Antonino Carlo , Piccillo Giovita , Belluardo Nunzio , Giangreco Emiliano , Romano Claudio , Citrano Michele , Graziano Francesco , Garufi Serena , Bertolami Carmelo , Ventimiglia Marco , Scrivo Barbara , Renna Sara , Giulia Rizzuto , Casà Angelo , Orlando Ambrogio
Published: January 2021

Background and Aims

There are few clinical data on Adalimumab (ADA) biosimilars in inflammatory bowel disease.

Methods

SPOSAB ABP 501 is a multicenter, observational, prospective study performed among the cohort of the Sicilian Network for Inflammatory Bowel Disease. All consecutive patients treated with ADA biosimilar ABP 501 from the introduction of the drug in Sicily (February 2019) to February 2020 (12 months) were enrolled to assess its safety and effectiveness. Patients were divided into 3 groups: group A, naïve to ADA and naïve to anti-TNFs; group B, naïve to ADA, previously exposed to anti-TNFs; group C: switched from ADA originator to ABP 501.

Results

559 patients (median age 39 years; CD 88.0%, UC 12.0%) were included, with a follow-up time of 403.4 patient-years. Thirty-six SAEs occurred in 36 patients [(6.4% - incidence rate (IR): 8.9 per 100 person-years (PY)]. The IR of SAEs was higher among patients in group A compared with group C (17.4 vs. 4.8 per 100 PY; IR ratio=3.61; p<0.001) and among patients in group B compared with group C (16.4 vs. 4.8 per 100 PY; IR ratio=3.42; p=0.041). Among ADA-naïve patients (group A+B), 188 (85.8%) had a clinical response after 12 weeks, including 165 (75.3%) who achieved steroid-free remission. Higher treatment persistence estimates were reported for patients in group C compared with group A and B (log-rank p<0.001).

Conclusions

Safety and effectiveness of ABP 501 seem to be overall similar to those reported for ADA originator. Switching from originator to ABP 501 was safe and effective.
Successful HeartMate 3 LVAD implantation in a patient with active heparin-induced thrombocytopaenia with thrombosis using pre-implantation plasmapheresis and intraoperative continuous prostacyclin
Authors: Grinstein Jonathan , Molina Ezequiel J , Sheikh Farooq H
Published: January 2021

Heparin-induced thrombocytopaenia describes a prothrombotic state with signiﬁcant rates of thrombus formation. We present a rare case of successful implantation of a HeartMate 3 left ventricular assist device in a patient with active heparin-induced thrombocytopaenia with thrombosis using preoperative plasmapheresis followed by intraoperative prostacyclin administration.
COVID-19 antibody seroprevalence in Santa Clara County, California
Authors: Bendavid Eran , Mulaney Bianca , Sood Neeraj , Shah Soleil , Bromley-Dulfano Rebecca , Lai Cara , Weissberg Zoe , Saavedra-Walker Rodrigo , Tedrow Jim , Bogan Andrew , Kupiec Thomas , Eichner Daniel , Gupta Ribhav , Ioannidis John P A , Bhattacharya Jay
Published: January 2021

Background

Measuring the seroprevalence of antibodies to Severe Acute Respiratory Syndrome Coronavirus 2 (SARS-CoV-2) is central to understanding infection risk and fatality rates. We studied Coronavirus Disease 2019 (COVID-19)-antibody seroprevalence in a community sample drawn from Santa Clara County.

Methods

On 3 and 4 April 2020, we tested 3328 county residents for immunoglobulin G (IgG) and immunoglobulin M (IgM) antibodies to SARS-CoV-2 using a rapid lateral-flow assay (Premier Biotech). Participants were recruited using advertisements that were targeted to reach county residents that matched the county population by gender, race/ethnicity and zip code of residence. We estimate weights to match our sample to the county by zip, age, sex and race/ethnicity. We report the weighted and unweighted prevalence of antibodies to SARS-CoV-2. We adjust for test-performance characteristics by combining data from 18 independent test-kit assessments: 14 for specificity and 4 for sensitivity.

Results

The raw prevalence of antibodies in our sample was 1.5% [exact binomial 95% confidence interval (CI) 1.1–2.0%]. Test-performance specificity in our data was 99.5% (95% CI 99.2–99.7%) and sensitivity was 82.8% (95% CI 76.0–88.4%). The unweighted prevalence adjusted for test-performance characteristics was 1.2% (95% CI 0.7–1.8%). After weighting for population demographics, the prevalence was 2.8% (95% CI 1.3–4.2%), using bootstrap to estimate confidence bounds. These prevalence point estimates imply that 53 000 [95% CI 26 000 to 82 000 using weighted prevalence; 23 000 (95% CI 14 000–35 000) using unweighted prevalence] people were infected in Santa Clara County by late March—many more than the ∼1200 confirmed cases at the time.

Conclusion

The estimated prevalence of SARS-CoV-2 antibodies in Santa Clara County implies that COVID-19 was likely more widespread than indicated by the number of cases in late March, 2020. At the time, low-burden contexts such as Santa Clara County were far from herd-immunity thresholds.
Merging Professional and Collaborative Lexicography: The Case of Czech Neology
Authors: Škrabal Michal , Kavka Martin
Published: January 2021

This paper aims to relate two linguistic phenomena: neology (along with sources for its study) and collaborative lexicography. A pair of case studies is presented concerning two thematically defined groups of recent Czech neologisms: those abusing the Czech ex-president V. Havel’s name and those reflecting the Covid-19 pandemic. An initial dataset was provided by the user-generated content web dictionary of non-standard Czech Čeština 2.0 and the Neomat neology database, fostered by professional linguists. The objective data from a monitor corpus of Czech is used in contrast with the initial dataset and thereby leads to some open questions, especially with regards to the extent to which amateur and professional, two branches of lexicography, can inspire and enrich each other.
A family of fast fixed point iterations for M/G/1-type Markov chains
Authors: Bini Dario A , Latouche Guy , Meini Beatrice
Published: January 2021

We consider the problem of computing the minimal non-negative solution $G$ of the nonlinear matrix equation $X=\sum _{i=-1}^\infty A_iX^{i+1}$ where $A_i$, for $i\geqslant -1$, are non-negative square matrices such that $\sum _{i=-1}^\infty A_i$ is stochastic. This equation is fundamental in the analysis of M/G/1-type Markov chains, since the matrix $G$ provides probabilistic measures of interest. A new family of fixed point iterations for the numerical computation of $G$, which includes the classical iterations, is introduced. A detailed convergence analysis proves that the iterations in the new class converge faster than the classical iterations. Numerical experiments confirm the effectiveness of our extension.
Impact of a clinical decision rule on antibiotic prescription for children with suspected lower respiratory tract infections presenting to European emergency departments: a simulation study based on routine data
Authors: Hagedoorn Nienke N , Wagenaar Josephine H L , Nieboer Daan , Bath David , Von Both Ulrich , Carrol Enitan D , Eleftheriou Irini , Emonts Marieke , Van Der Flier Michiel , De Groot Ronald , Herberg Jethro , Kohlmaier Benno , Levin Michael , Lim Emma , Maconochie Ian , Martinon-Torres Federico , Nijman Ruud , Pokorn Marko , Rivero Calle Irene , Tsolia Maria , Yeung Shunmay , Zavadska Dace , Zenz Werner , Vermont Clementien L , Oostenbrink Rianne , Moll Henriëtte A ,   the PERFORM consortium
Published: January 2021

Background

Discriminating viral from bacterial lower respiratory tract infections (LRTIs) in children is challenging thus commonly resulting in antibiotic overuse. The Feverkidstool, a validated clinical decision rule including clinical symptoms and C-reactive protein, safely reduced antibiotic use in children at low/intermediate risk for bacterial LRTIs in a multicentre trial at emergency departments (EDs) in the Netherlands.

Objectives

Using routine data from an observational study, we simulated the impact of the Feverkidstool on antibiotic prescriptions compared with observed antibiotic prescriptions in children with suspected LRTIs at 12 EDs in eight European countries.

Methods

We selected febrile children aged 1 month to 5 years with respiratory symptoms and excluded upper respiratory tract infections. Using the Feverkidstool, we calculated individual risks for bacterial LRTI retrospectively. We simulated antibiotic prescription rates under different scenarios: (1) applying effect estimates on antibiotic prescription from the trial; and (2) varying both usage (50%–100%) and compliance (70%–100%) with the Feverkidstool’s advice to withhold antibiotics in children at low/intermediate risk for bacterial LRTI (≤10%).

Results

Of 4938 children, 4209 (85.2%) were at low/intermediate risk for bacterial LRTI. Applying effect estimates from the trial, the Feverkidstool reduced antibiotic prescription from 33.5% to 24.1% [pooled risk difference: 9.4% (95% CI: 5.7%–13.1%)]. Simulating 50%–100% usage with 90% compliance resulted in risk differences ranging from 8.3% to 15.8%. Our simulations suggest that antibiotic prescriptions would be reduced in EDs with high baseline antibiotic prescription rates or predominantly (>85%) low/intermediate-risk children.

Conclusions

Implementation of the Feverkidstool could reduce antibiotic prescriptions in children with suspected LRTIs in European EDs.
Immigration and preferences for redistribution in Europe
Authors: Alesina Alberto , Murard Elie , Rapoport Hillel
Published: January 2021

We examine the relationship between immigration and preferences for redistribution in Europe using a newly assembled dataset of immigrant stocks for 140 regions in 16 Western European countries. Exploiting within-country variations in the share of immigrants at the regional level, we find that native respondents display lower support for redistribution when the share of immigrants in their residence region is higher. This negative association is driven by regions of countries with relatively large welfare states and by respondents at the center or at the right of the political spectrum. It is stronger when immigrants originate from Middle-Eastern or Eastern European countries, are less skilled than natives and experience more residential segregation. These results are unlikely to be driven by immigrants’ endogenous location choices, that is, by welfare magnet effects or by immigrants’ sorting into regions with better economic opportunities. They are also robust to instrumenting immigration using a standard shift-share approach.
Expression of GFAP and Tau Following Blast Exposure in the Cerebral Cortex of Ferrets
Authors: Schwerin Susan C , Chatterjee Mitali , Hutchinson Elizabeth B , Djankpa Francis T , Armstrong Regina C , McCabe Joseph T , Perl Daniel P , Juliano Sharon L
Published: January 2021

Blast exposures are a hallmark of contemporary military conflicts. We need improved preclinical models of blast traumatic brain injury for translation of pharmaceutical and therapeutic protocols. Compared with rodents, the ferret brain is larger, has substantial sulci, gyri, a higher white to gray matter ratio, and the hippocampus in a ventral position; these attributes facilitate comparison with the human brain. In this study, ferrets received compressed air shock waves and subsequent evaluation of glia and forms of tau following survival of up to 12 weeks. Immunohistochemistry and Western blot demonstrated altered distributions of astrogliosis and tau expression after blast exposure. Many aspects of the astrogliosis corresponded to human pathology: increased subpial reactivity, gliosis at gray-white matter interfaces, and extensive outlining of blood vessels. MRI analysis showed numerous hypointensities occurring in the 12-week survival animals, appearing to correspond to luminal expansions of blood vessels. Changes in forms of tau, including phosphorylated tau, and the isoforms 3R and 4R were noted using immunohistochemistry and Western blot in specific regions of the cerebral cortex. Of particular interest were the 3R and 4R isoforms, which modified their ratio after blast. Our data strongly support the ferret as an animal model with highly translational features to study blast injury.
Studies on the compatibility mechanism and material basis of Danggui Buxue Decoction against anemia mice using metabonomics and network pharmacology
Authors: Liu YueTao , Ju Yanhong , Qin XueMei
Published: January 2021

Objectives

To reveal the compatibility mechanism and material basis of Danggui Buxue decoction (DBD) against anaemia.

Methods

UHPLC-Q-Exactive-MS based serum metabonomics was applied to decipher the compatibility of DBD against anaemia mice. Meanwhile, network pharmacology was used to reveal the material basis of DBD based on the obtained differential metabolites.

Key findings

Metabonomic results indicated that 17 serum differential metabolites were closely related to anaemia. DBD, Huangqi (HQ) and Danggui (DG) could significantly ameliorate 13, 6 and 4 serum metabolites in anaemia mice, respectively. 17 serum differential metabolites were linked 140 corresponding targeted genes obtained by Metscape. In addition, 6649 targets genes related anaemia were obtained by network pharmacology. At last, six important targets genes were screened as hopeful targets for the treatment of anaemia through integrating them. Molecular docking further illustrated that eight active components of DBD including mairin, hederagenin, etc. played important roles in treating anaemia.

Conclusions

DBD produced the best effect by compatibility with HQ and DG in treating anaemia. The approach provided the insights into the compatibility mechanism and material basis of TCM in treating anaemia coupling network pharmacology.
Hydrolysis of organophosphorus by diatom purple acid phosphatase and sequential regulation of cell metabolism
Authors: Wang Xiang , Balamurugan Srinivasan , Liu Si-Fen , Ji Chang-Yang , Liu Yu-Hong , Yang Wei-Dong , Jiang Liwen , Li Hong-Ye
Published: January 2021

Phosphorus (P) limitation affects phytoplankton growth and population size in aquatic systems, and consequently limits aquatic primary productivity. Plants have evolved a range of metabolic responses to cope with P limitation, such as accumulation of purple acid phosphatases (PAPs) to enhance acquisition of phosphates. However, it remains unknown whether algae have evolved a similar mechanism. In this study, we examined the role of PAPs in the model microalga Phaeodactylum tricornutum. Expression of PAP1 was enhanced in P. tricornutum cells grown on organophosphorus compared to inorganic phosphate. PAP1 overexpression improved cellular growth and biochemical composition in a growth-phase dependent manner. PAP1 promoted growth and photosynthesis during growth phases and reallocated carbon flux towards lipogenesis during the stationary phase. PAP1 was found to be localized in the endoplasmic reticulum and it orchestrated the expression of genes involved in key metabolic pathways and translocation of inorganic P (Pi), thereby improving energy use, reducing equivalents and antioxidant potential. RNAi of PAP1 induced expression of its homolog PAP2, thereby compensating for the Pi scavenging activity of PAP1. Our results demonstrate that PAP1 brings about sequential regulation of metabolism, and provide novel insights into algal phosphorus metabolism and aquatic primary productivity.
Introduction: Global Health and Human Rights
Authors: Lawrence O Gostin , Benjamin Mason Meier
Published: January 2021

This introductory chapter seeks to define the relationship between global health and human rights and examine the evolving field of health and human rights. Global health and human rights are complementary approaches to defining and advancing human health and well-being. Where global health prioritizes the improvement of public health and health equity for all people, human rights provide a legal foundation to advance justice in global health—elaborating the rights and freedoms that are necessary for human dignity. The inextricable linkages between global health and human rights have given rise to the development of the interdisciplinary field of “health and human rights.” In providing an academic foundation for the field, it will be necessary to understand the normative development, policy implementation, contemporary application, and new challenges at the intersection of global health and human rights. This critical engagement provides hope in responding to current threats.
s.One Norms and Principles, 1 The Birth and Development of Human Rights for Health
Authors: Benjamin Mason Meier , Thérèse Murphy , Lawrence O Gostin
Published: January 2021

This chapter examines the historical origins of human rights as a basis for public health. Tracing the idea of rights from philosophical notions of natural rights to human rights under international law, the normative foundations underlying rights have long been seen as central to health and well-being—from the political engagement with underlying determinants of health in 1848 to the international codification of the Universal Declaration of Human Rights (UDHR) in 1948. The modern human rights system that frames public health arose in response to the deprivations and atrocities of World War II. Giving rise to the notion of human rights under international law, the postwar creation of the United Nations (UN) provided the structure for a new legal regime under which individuals were seen as having certain rights by virtue of their humanity, ensuring a foundation for the evolution of rights to advance health.
s.Two Implementation and Accountability, 6 Human Rights Advocacy in Global Health
Authors: Joseph J Amon , Eric Friedman
Published: January 2021

This chapter presents an overview of health and human rights advocacy and describes a broad framework and the diverse strategies used by human rights advocates to advance their goals. Based upon documenting abuses, raising awareness, building coalitions, and engaging communities, human rights advocacy seeks to ensure that government laws, policies, and practices respect, protect, and fulfill the right to health of all. These rights arguments and advocacy strategies, first developed in response to the HIV epidemic, have become the basis for broader right to health campaigns. Health-related human rights advocacy, beyond specific strategies, seeks to elevate the voices of people affected by human rights violations, analyze structural barriers, and identify obligations and responsibilities. Focusing on the strategies and tools that human rights advocates use in documenting rights abuses, raising awareness, and seeking change, it is necessary to examine new advocacy partnerships and approaches for evaluating advocacy efforts.
s.Three Contemporary Applications, 13 Chronic Illness: Disability and Mental Health
Authors: Oliver Lewis , Soumitra Pathare
Published: January 2021

This chapter sets out the connection between disability and human rights, examining how persons with disabilities (including those with physical disabilities, sensory disabilities, psychosocial or mental health disabilities, and intellectual disabilities) are particularly vulnerable to exclusion and discrimination, leading to human rights violations across the world. It has been a long global struggle to recognize the rights of people with disabilities and realize the highest attainable standard of physical, mental, and social well-being, a struggle evolving across countries and culminating in the 2006 adoption of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The provisions of the CRPD relate to three specific rights that are of particular importance to people with disabilities: legal capacity, the right to health, and the right to independent living. Yet, national implementation challenges remain, including finding space for mental health and disability in policymaking and developing models of service delivery that advance human rights.
Introduction
Authors: Alston Philip , Mégret Frédéric
Published: January 2021

This introductory chapter provides an overview of the UN rights regime, which has changed dramatically in almost every respect. In normative terms, major new instruments have been adopted addressing the situation of persons with disabilities, disappearances, indigenous peoples, and many other groups, and the rights of LGBTI persons are now squarely on the agenda from which they were then almost entirely absent. In terms of staff, the relatively small Center for Human Rights has been replaced by an Office of the High Commissioner for Human Rights. These dynamics illustrate the extent to which the place of human rights within the broader constellation of global governance is susceptible to constant change. The chapter then considers what is, or should be, involved in the process of evaluating or appraising the effectiveness of the UN human rights regime as a whole and of individual human rights organs.
The Security Council
Authors: Mégret Frédéric
Published: January 2021

This chapter discusses the Security Council, which may be the least obvious organ within the United Nations to have a human rights role, yet may also be one of those that can make the most difference when it comes to the upholding of human rights standards internationally. For a human rights regime that is notoriously devoid of much enforcement power, the Security Council comes with a much sought after resource, in the form of the ability to use coercive means against states. Ultimately, the Security Council’s practices provide rich terrain for analysing prospects for human rights at the United Nations, as well as the evolving role of human rights not only as something that is promoted by the United Nations but which shapes, and even constitutes, its authority going forward.
The Human Rights Council
Authors: Freedman Rosa
Published: January 2021

This chapter focuses on the Human Rights Council. As the principal UN human rights body, the Council is arguably the lynchpin of the UN human rights machinery, bringing together states, independent experts, UN staff, and civil society actors, as well as reporting to the full UN membership via the General Assembly. The Human Rights Council is also quite a unique body, combining the most intensely political elements, a high degree of reliance on expertise, and in situ human rights investigations in order to fulfil its duties to protect, to promote, and to develop international human rights law. Many of the criticisms of the Council fail to take into account the ways in which it is hampered by its mandate, powers, and mechanisms. The chapter then considers the Council’s creation, its mandate and functions, and details the body’s strengths and weaknesses.
The Committee on the Elimination of Discrimination Against Women
Authors: Byrnes Andrew
Published: January 2021

This chapter examines the Committee on the Elimination of Discrimination against Women (CEDAW), a body of independent experts assigned the task of monitoring states’ efforts to fulfil their obligations under the CEDAW Convention. The principal basis for monitoring was to be the submission and review of reports submitted regularly by States parties. The chapter then addresses the work of CEDAW and its contribution to making the guarantees of the Convention a reality. An assessment of the record of a treaty body such as CEDAW must take into account, among other factors, the mandate of the body, the expertise and commitment of its members, the political and international legal context of its work, the resources available to it, the efficiency and effectiveness of its procedures, and the quality and impact of its output.
The Committee against Torture and the Subcommittee for the Prevention of Torture
Authors: Byrnes Andrew
Published: January 2021

This chapter focuses on the Committee against Torture and the Subcommittee for the Prevention of Torture. The role of the Committee is to monitor the implementation by States parties of their obligations under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Torture Convention). The goal of the Torture Convention is to eradicate torture, often seen as one of the gravest human rights violations, through a mix of prevention and repression. The Convention was supplemented in 2002 by the adoption of an Optional Protocol to the Convention, which established an additional supervisory body—the Subcommittee for the Prevention of Torture, which commenced its work in 2007. The chapter then considers the work of the Committee over the last thirty years and provides an overview of the evolution and functions of the Subcommittee.
The Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families
Authors: Chetail Vincent
Published: January 2021

This chapter explores the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (MWC). Since its establishment in January 2004, the MWC has carried out very significant work. However, its task remains a difficult one for three main reasons of an institutional, normative, and practical nature. First, the Committee must find a place among a broad range of actors with concurring and sometimes conflicting mandates. Second, the rights of migrant workers and their families are governed by a complex set of overlapping norms enshrined in numerous instruments. Such a dense normative framework requires careful and harmonized guidance in interpreting the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW). Third, the most serious difficulty encountered by the Committee is linked to the limited number of states parties to the ICRMW.
Reform of the UN Human Rights Treaty Body System
Authors: Egan Suzanne
Published: January 2021

This chapter studies the initiatives mounted over the years by the United Nations to reform the operation of the treaty body system to respond to persistent difficulties. These have proceeded through a series of distinct initiatives which include the expert reports produced by Professor Philip Alston between 1989 and 1997; the ‘Unified Standing Treaty Body’ proposal championed by the former UNHCHR, Louise Arbour; and the so-called ‘Dublin process’ spearheaded by her successor to the post, Navanethem Pillay, which itself prompted the initiation of an inter-governmental process on treaty body reform. The chapter then traces the outcomes of the reform agenda as it has unfolded over the years, highlighting the nature of the processes adopted and culminating in a cautious prognosis for the future.
Status of the Global Islamic Finance Industry
Authors: Warde Ibrahim
Published: January 2021

This introductory chapter provides an overview of Islamic finance. Modern Islamic finance did not come out of nowhere. It appeared as the result of specific historical circumstances in the 1970s, and later evolved through a complex process of trial-and-error. It was also shaped by broader competitive and political–economic factors. Although religion was by definition central to Islamic finance, other variables—political, economic, social, cultural, and demographic—also played a significant role. No longer confined to the outer fringes of global finance, Islamic finance has also gone mainstream. Most major financial institutions are now involved in one way or another in Islamic finance, as are global consulting, accounting, and information companies. Within the Islamic world, Islamic financial institutions have become major economic players.
Dispute Resolution and Specialized ADR for Islamic Finance
Authors: White Andrew
Published: January 2021

This chapter assesses dispute resolution in Islamic finance. Simply referred to as ‘IDR’ (Islamic Dispute Resolution), this Shari’a-based form of Alternative Dispute Resolution (ADR) not only provides desperately needed subject matter expertise in Islamic finance dispute resolution but at the same time accommodates Islamic legal values and traditions in resolving the disputes that inevitably arise in the context of Islamic finance. As with construction arbitration, or labour arbitration, or any other subject-specific ADR process, IDR for Islamic finance is simply another mode of private commercial adjudication. Moreover, from the viewpoint of the State, it is much less threatening than a parallel system of Shari’a courts, which may reach decisions over which the State has no ultimate say. In fact, contrasted with such a parallel system, absent an amicable settlement—in which case the State would have no stake or direct interest anyway—the ultimate adjudication by an IDR intermediary would be subject to review and affirmation by the courts as an arbitral award. Rather than popular or state resistance to the idea of IDR, currently the greatest obstacle to increased and more widespread implementation of IDR for Islamic finance disputes is insufficient expertise and extremely limited facilitative legal and institutional frameworks.
Corporate Governance for Institutions Offering Islamic Financial Services
Authors: Rider Barry
Published: January 2021

This chapter addresses the issue of corporate governance for Islamic financial institutions. It sets against the backdrop of English law the various responsibilities that the Shari’a casts on believers in the management of their own affairs and those of others for whom they have taken—usually by contract—an obligation. As has been recognized by, for example, the Islamic Financial Services Board (IFSB), in reality many of the issues that have been addressed as matters of governance in the more developed markets of the West, have not, until recently, been particularly pertinent in Islam. The perception remains in the minds of many scholars and believers that given the all-pervading tenets of the Shari’a and their high moral content, dictating honesty and fair dealing, the essentially procedural mechanisms of Western governance are not of compelling relevance. Of course, when seeking to engage in activity in those jurisdictions where such systems are required, then it is appropriate to accommodate them. It is also increasingly accepted that adherence to such procedures might be a price worth paying for being seen as having institutions and markets that are of a truly international calibre. Indeed, this is a priority of such bodies at the IFSB.
Direct Military Assistance to Incumbent Governments Implicated in Violations of International Humanitarian and/or Human Rights Law
Authors: De Wet Erika
Published: January 2021

This chapter discusses the question of whether third states are prohibited from sending their armed forces to requesting states implicated in widespread violations of international humanitarian and human rights law. Article 3 of the Resolution on Military Assistance by Request of the Institut de Droit International (IDI) 2011 has stimulated the debate, in as far as it claims that the ‘sending of armed forces by one state to another state upon the latter’s request’ is prohibited if it is in violation of ‘generally accepted standards of human rights’. This statement may be read in various ways. First, it can be understood as meaning that the troops of the intervening (assisting) state themselves must adhere to international human rights standards when exercising force at the request of the territorial (recipient) state. However, article 3 of the IDI 2011 Resolution could also be interpreted as prohibiting direct military assistance that would result in the aiding or assisting of human rights violations by the recipient state. The chapter then considers the incurrence and consequences of derivative state responsibility of an intervening state under customary international law for the violations of international human rights and humanitarian law of the territorial state. In so doing, the analysis is informed by case law and doctrine relating to derivative responsibility for such violations through conduct stopping short of direct military support.
Trading Venues
Authors: Liebi Martin , Markham Jerry W , Brown-Hruska Sharon , De Carvalho Robalo Pedro , Meakin Hannah , Tan Peter
Published: January 2021

This chapter examines trading venues. The communiqué of the G20 finance ministers and central bank governors of 15 April 2011 states that participants in commodity derivatives markets should be subject to appropriate regulation and supervision. Therefore, certain exemptions from Directive 2004/39/EC (MiFID) are to be modified. These amendments particularly affect clearing houses, trade repositories, and trading venues, and reflect the increased risk and technological development since the last financial crisis. In Europe, MiFID II both defines the types of commodity derivatives that are regulated and the types of activity undertaken in relation to them that requires authorization. It also defines the types of trading venues that create the European trading landscape. As of January 2018, there are three types of trading venues in Europe: regulated markets, multilateral trading facilities, and organized trading facilities. While there are some important distinctions between them, it will be noted that many of the same requirements apply to each of them.
Illicit Behaviour
Authors: Liebi Martin , Markham Jerry W , Brown-Hruska Sharon , De Carvalho Robalo Pedro , Meakin Hannah , Tan Peter
Published: January 2021

This concluding chapter explores regulations on illicit behaviour, including violations of embargo sanctions, bribery of government officials, and money laundering. Embargoes and financial related sanctions against ‘rogue’ countries are economic in nature and are designed to coerce such countries into conformance to international norms. Sanctions may be applied to particular economic sectors, or a country's economy may be entirely embargoed, sometimes with humanitarian exceptions. Moreover, sanctions may be applied to import and exports of commodities, but are also often applied to prevent access to banking and other financial services. Meanwhile, the US prohibits the bribery of foreign government officials in order to obtain business through the Foreign Corrupt Practices Act of 1977. The US has also led the world in combatting money laundering, which typically involves the deposit of proceeds from illicit activities into what appear to be legitimate banking or brokerage accounts. The Securities and Exchange Commission and the Commodities and Futures Trading Commission impose anti-money laundering requirements on the broker-dealers and futures commission merchants they regulate. Those requirements include supervisory programmes designed to prevent and detect use of firm accounts for money laundering.
Right to a Public Trial
Authors: Clooney Amal , Webb Philippa
Published: January 2021

This chapter examines the right to a public trial, which protects both the defendant in a criminal trial and the interests of society as a whole in having a fair system of open justice. Under international human rights law, the right requires that a criminal trial should be held in public and that the court’s judgment is pronounced publicly. However, the right to a public trial is not absolute. The right may, for instance, be limited by valid national security concerns, or to protect the interests of a child or victim of sexual assault. This chapter examines the circumstances in which international bodies have found that exceptions to the right to a public trial are justified, and the additional measures that may be required to ensure that a criminal trial remains fair when there are restrictions on the public nature of proceedings.

right to fair trial
Right to be Presumed Innocent
Authors: Clooney Amal , Webb Philippa
Published: January 2021

This chapter focuses on the right to be presumed innocent, one of the most ancient and important principles of criminal justice, and a prerequisite for any system based on the rule of law. The right is absolute and non-derogable and, at its core, prohibits convictions that are predetermined or based on flimsy grounds. International human rights bodies have therefore found that where a conviction is based on non-existent, insufficient, or unreliable evidence, the presumption has been violated and a miscarriage of justice has occurred. More frequently, international human rights bodies have applied the presumption to require specific procedural protections during a trial. These include guarantees that the prosecution bears the burden of proving a defendant’s guilt beyond reasonable doubt, and that the defendant should not be presented or described as a criminal before he has been proved to be one. The chapter concludes that the presumption is protected in similar terms in international human rights treaties, but also highlights divergences in international jurisprudence relating to the standard for finding that a court’s assessment of evidence violates the presumption, the permissibility of reversing the burden of proof, and the extent to which the presumption applies after a trial has been completed.
Right to Prepare a Defence
Authors: Clooney Amal , Webb Philippa
Published: January 2021

This chapter assesses the right to prepare a defence, a necessary guarantee for fairness in any criminal trial. The right requires that a defendant be adequately informed of the charges against him and have adequate time and facilities to mount a defence to those charges. The right to prepare a defence is not absolute and can be limited in certain circumstances.
Right to Examine Witnesses
Authors: Clooney Amal , Webb Philippa
Published: January 2021

This chapter studies the right to examine witnesses, which is fundamental to an effective defence. Allowing a prosecution witness to submit uncontested testimony, or depriving a defendant of the opportunity to call a witness who can provide exculpatory evidence, can lead to a serious miscarriage of justice. The right also protects the interests of victims, witnesses, and the broader public, because the questioning of witnesses can help to establish the truth and ensure the integrity of the judicial process. Under international human rights law, the right includes two components: the defendant’s right to examine witnesses testifying against them, and the right to call witnesses in their defence. But neither component of the right is absolute. This chapter addresses guidance from international bodies on acceptable limitations to the right, including areas of divergence relating to the use of anonymous witness testimony. It also highlights the challenge of obtaining remedies for such violations from international bodies given their deference to national courts on matters of evidence.
Right to an Interpreter
Authors: Clooney Amal , Webb Philippa
Published: January 2021

This chapter examines the right to an interpreter. The frequent movement of people around the world and the multicultural make-up of many countries mean that interpretation and translation services are required and used to a great extent in certain jurisdictions. The right to an interpreter does not mean that defendants are entitled to an interpreter simply because their native language is different from the language used in court, as long as they sufficiently understand and speak that language. Similarly, when interpretation is required, this does not per se have to be provided in the native language of the defendant. And if defendants feel there are any issues with the quality of the interpretation provided to them, and this is not apparent to the court, they are required to put the authorities on notice as they cannot later complain about their rights being violated if they failed to inform the authorities. The judge must ensure that the absence of an interpreter does not prejudice the defendant. Ultimately, the challenging issues that national courts confront when attempting to give effect to this right include assessing the defendant’s level of understanding; considering whether the right belongs to the defendant or the defence as a whole; determining the scope of the related right to translation of documents; and balancing the right to interpretation or translation against the right to be tried without undue delay.
Right to Equality
Authors: Clooney Amal , Webb Philippa
Published: January 2021

This chapter focuses on the right to equality before courts and tribunals, which requires that all parties to criminal proceedings are treated without discrimination. The right underlies the rule of law. It is codified in Article 14(1) of the International Covenant on Civil and Political Rights (ICCPR), which provides ‘[a]ll persons shall be equal before the courts and tribunals’. It is also enshrined in Article 14(3), which refers to the minimum guarantees of a fair trial ‘in full equality’. This chapter considers three areas in which the right to equality before courts and tribunals may arise in criminal proceedings: equality of treatment, equality of arms, and equality of access. In terms of equal treatment, Article 26 of the ICCPR provides ‘that all persons are equal before the law and are entitled to equal protection of the law without discrimination, and that the law shall guarantee to all persons equal and effective protection against discrimination on any of the enumerated grounds’. These grounds include ‘race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status’. Equality of treatment applies to all individuals, not just to defendants, and requires equal treatment by all organs of the state, not just judicial authorities. Meanwhile, equality of arms ensures that the same procedural rights are to be provided to all the parties to a case, ‘unless distinctions are based on law and can be justified on objective and reasonable grounds, not entailing actual disadvantage or other unfairness to the defendant’. It does not necessarily require mathematical equality between the prosecution and the defence. Equality of access issues may arise in criminal proceedings when a defendant’s access to court is hindered because of his detention, disability, or his foreign nationality, or when a defendant is forced to be tried before a military or special court rather than having access to a regular civilian court. The right to equality before courts and tribunals has been used relatively infrequently to vindicate fair trial violations, which may in part be attributed to the challenges of proving discrimination.
Right not to be Subject to Double Jeopardy
Authors: Clooney Amal , Webb Philippa
Published: January 2021

This chapter assesses the right not to be subject to double jeopardy, which protects against repeated trial or punishment for the same offence or conduct and ensures respect for the principle of finality in criminal proceedings. It is a crucial protection for the defendant because the possibility of repeated prosecutions or punishment leads to anxiety and stress and generates uncertainty in the wider community. The scope of the protection is therefore important: if it is too narrow, applying only to a second prosecution based on identical charges, prosecutors can still ‘throw the book’ at a defendant by charging him with disparate offences for the same conduct. But if the scope is too broad, it could prevent a defendant who has been unfairly convicted in a first proceeding beset by due process violations from having a new trial. An over-broad scope may also prevent the prosecutor from pursuing other charges and therefore deny victims an effective remedy. The issues that have proved to be the most controversial among international bodies regarding the right not to be subject to double jeopardy have been whether the right only applies to the same offence or also to the same conduct; whether it is limited to a single state’s jurisdiction; the requirement of a ‘final’ verdict; and the definition of the exceptions to the right.
General Law and Negotiable Instruments
Authors: Geva Benjamin , Peari Sagi
Published: January 2021

This chapter explores the evolution of negotiable instruments as a cross-border migration of ideas, challenges of innovation and progress, and sophistication of legal doctrines, principles, and concepts. There are common themes to the evolution of the various negotiable instruments in different eras in diverse places. They point to a common denominator in issues and solutions, rather than to the existence of ‘foreign’ or ‘imported’ legal principles and concepts into each legal system to shape the law of these instruments. First, needs of commerce and available technology, rather than interests of rulers and states, have continuously shaped this evolution in each era and locality and under each legal system. Second, each of the three instruments—the bill, cheque, and note—evolved on its own, within its own domestic legal system. There has not been a universal ‘law merchant’ under which governing principles evolved and moved from one system to another. Third, autonomy of parties has been an underlying factor in each legal system in facilitating the development of obligations under each instrument and the law applicable. General principles of contract and property have been the building materials in the construction of this law. Fourth, in the development of the instruments and the law governing them, the emergence of ‘negotiability’, and its evolution into a unifying factor in a body of law governing them, is quite late.
Negotiable Instruments Choice-of-Law Rules in the Various Systems
Authors: Geva Benjamin , Peari Sagi
Published: January 2021

This chapter studies the existing choice-of-law frameworks set in the statutory provisions under the UK Bills of Exchange Act, the Geneva Conflicts Conventions, the American Second Restatement, and the Inter-American Convention. These various frameworks show very little evidence of the three major developments outlined in the previous chapter. Generally, the various frameworks have remained loyal to the classical choice-of-law doctrine of stringent territorial connecting factors. There is almost no trace of party autonomy or the most significant relationship principle. The requirement of a ‘foreign element’ presence in the factual matrix of the case seems to be the foremost precondition to choice-of-law analysis. Finally, the chapter demonstrates the global adherence to the ‘several laws’ approach; the advantage of avoiding a ‘single rule’ for the selection of a law applicable to a contract; and the desirability of having the same law governing both intrinsic and extrinsic validity for each party. The chapter also contends that the Second Restatement, although not flawless, sets up the most comprehensive and responsive scheme of those analysed.
The Boundaries of the Proposed Argument
Authors: Geva Benjamin , Peari Sagi
Published: January 2021

This chapter examines the scope and limits of the proposed extension of the party autonomy and most significant relationship (MSR) principles to negotiable instruments. First, it challenges the validation principle, being an apparent major limitation to the proposed broad scope argument. Second, the chapter discusses the relevance of the argument to such issues as the proprietary aspects of the instruments, remedies and limitation periods, and the holder's duties. Third, it elaborates on the relevance of the proposed argument beyond bills of exchange, promissory notes, and cheques. Specifically, the chapter explores whether the suggestions could be extended and applied to choice-of-law rules in areas where the notion of negotiability has traditionally played a role: that is, investment securities and documents of title. Fourth, the chapter sets a limit to the scope of the argument and explains in which cases the organizing principles of party autonomy and MSR shall not be applied.