bluuebunny/crossref_metadata_2025 huggingface dataset:
Short- and long-term temperature responses of soil denitrifier net N2O efflux rates, inter-profile N2O dynamics, and microbial genetic potentials
Authors: Buckeridge Kate M. , Edwards Kate A. , Min Kyungjin , Ziegler Susan E. , Billings Sharon A.
Published: August 2020

Abstract. Production and reduction of nitrous oxide (N2O) by soil denitrifiers influence
atmospheric concentrations of this potent greenhouse gas. Accurate projections of the net
N2O flux have three key uncertainties: (1) short- vs. long-term responses to warming,
(2) interactions among soil horizons, and (3) temperature responses of different steps in the
denitrification pathway. We addressed these uncertainties by sampling soil from a boreal forest
climate transect encompassing a 5.2 ∘C difference in the mean annual temperature and
incubating the soil horizons in isolation and together at three ecologically relevant temperatures
in conditions that promote denitrification. Both short-term exposure to warmer temperatures and
long-term exposure to a warmer climate increased N2O emissions from organic and mineral
soils; an isotopic tracer suggested that an increase in N2O production was more important
than a decline in N2O reduction. Short-term warming promoted the reduction of organic
horizon-derived N2O by mineral soil when these horizons were incubated together. The
abundance of nirS (a precursor gene for N2O production) was not sensitive to
temperature, whereas that of nosZ clade I (a gene for N2O reduction) decreased
with short-term warming in both horizons and was higher from a warmer climate. These results
suggest a decoupling of gene abundance and process rates in these soils that differs across
horizons and timescales. In spite of these variations, our results suggest a consistent, positive
response of denitrifier-mediated net N2O efflux rates to temperature across timescales
in these boreal forests. Our work also highlights the importance of understanding cross-horizon
N2O fluxes for developing a predictive understanding of net N2O efflux from
soils.
Evaluation of coastal Antarctic precipitation in MAR3.9 regional
and LMDz6 global atmospheric model with ground-based radar
observations
Authors: Lemonnier Florentin , Chemison Alizée , Gallée Hubert , Krinner Gerhard , Madeleine Jean-Baptiste , Claud Chantal , Genthon Christophe
Published: August 2020

Abstract. In the current context of climate change in the poles, one of the objectives of the APRES3 (Antarctic Precipitation Remote Sensing from Surface and Space) project is to characterize the vertical structure of precipitation in order to better simulate it. Nowadays, the precipitation simulated by models in Antarctica is very widespread and overestimated the data. Sensitivity studies have been conducted using two models and compared to the observations obtained at the Dumont d'Urville coast station, obtained by a Micro Rain Radar (MRR). The MAR meso-scale model specifically developed for the polar regions and the LMDz/IPSL general circulation model, with zoomed configuration over Dumont d'Urville, have been considered for this study. These models being different in resolution and physical configuration, performing an inter-comparison required numerical, dynamic and physical adjustments in LMDz. A sensitivity study was conducted on the physical and numerical parameters of the LMDz model and on the resolution of the MAR with the aim of estimating their contribution to the precipitation simulation. Sensitivity tests with MAR revealed that this model is well adjusted for precipitation modeling in polar climates, this confirming that this model is a reference in polar climate modeling. Regarding LMDz, sensitivity experiments revealed that modifications in the sedimentation and sublimation parameters do not significantly impact precipitation rate. However, dissipation of the LMDz model, which is a numerical process that dissipates spatially excessive energy and keeps the model stable, impacts precipitation indirectly but very strongly. A suitable adjustment of the dissipation reduces significantly precipitation over Antarctic peripheral area, thus providing a simulated profile in better agreement with the MRR observations.
Three-in-one: GPS-IR measurements of ground surface elevation
changes, soil moisture, and snow depth at a permafrost site in the
northeastern Qinghai-Tibet Plateau
Authors: Zhang Jiahua , Liu Lin , Su Lei , Che Tao
Published: August 2020

Abstract. Ground surface elevation changes, soil moisture, and snow depth are all essential variables for studying the dynamics of the active layer and permafrost. GPS interferometric reflectometry (GPS-IR) has been used to measure surface elevation changes and snow depth in permafrost areas. However, its applicability to estimating soil moisture in permafrost regions has not been assessed. Moreover, these variables were usually measured separately at different sites. Integrating their estimates at one site facilitates the comprehensive utilization of GPS-IR in permafrost studies. In this study, we run simulations to elucidate that the commonly-used GPS-IR method for estimating soil moisture content cannot be directly used in permafrost areas, because it does not consider the bias introduced by the seasonal surface elevation changes due to thawing of the active layer. We propose a solution to improve this default method by introducing modeled surface elevation changes. We validate this modified method using the GPS data and in situ observations at a permafrost site in the northeastern Qinghai-Tibet Plateau (QTP). The root-mean-square error and correlation coefficient between the GPS-IR estimates of soil moisture content and the in situ ones improve from 1.85 % to 1.51 % and 0.71 to 0.82, respectively. We also implement a framework to integrate the GPS-IR estimates of these three variables at one site and illustrate it using the same site in the QTP as an example. This study highlights the improvement to the default method, which makes the GPS-IR valid in estimating soil moisture content in permafrost areas. The three-in-one framework is able to fully utilize the GPS-IR in permafrost areas and can be extended to other sites such as those in the Arctic. This study is also the first to use GPS-IR to estimate environmental variables in the QTP, which fills a spatial gap and provides complementary measurements to those of ground temperature and active layer thickness.
Fighting COVID-19: What’s in a Name?
Authors: Pak Thomas Kun , Sandouk Aline , Le Phuong
Published: August 2020

While the COVID-19 virus has infected over 3 million people in the United States of America, Asian Americans face unique unfair treatment due to COVID-19. In America, many anti-Asian incidents have been reported, and the FBI warns of increased hate crimes to Asian Americans due to COVID-19. Americans and high-level politicians use inappropriate names, such as “Chinese Virus,” for the COVID-19 virus, which fuels racism and xenophobia. In this Experience piece, we discuss the harm of referring to the COVID-19 virus based on the geographic location where it was first identified.
Den grænseløse skole? Forhandling af nærvær og fravær af skole i familien
Authors: Ida Dannesboe Karen
Published: August 2020

Forholdet mellem skole og familie er under forandring i disse år og stiller nye krav til skolefamilier. Denne artikel fokuserer på de subtile forskydninger der foregår mellem skole og familie i lyset af institutionaliseringen af barndommen og stadig større statslig interesse for familien. Mere specifikt undersøges skolens forventninger til skolefamilien og skolens betydning i familiers hverdag. Artiklen viser for det første, at skolens forventninger om et intensiveret engagement i skolefamilien forskyder grænser mellem skole og familie og differentierer familier i passende og upassende familier. For det andet viser artiklen, hvordan skolens krav til familierne skaber meget forskellige former for nærvær og fravær af skole i familierne. Blandt nogle familier skabes et ukompliceret nærvær af skole i familien, mens skolen for andre familier bliver en slidsom arbejdsbyrde, der skaber frustrationer blandt børn og forældre. Artiklen er baseret på et etnografisk feltarbejde blandt skolebørn, lærere og forældre i en dansk kontekst.
Promoting children’s well-being at school and at home: Methodological considerations
Authors: Poikolainen Jaana
Published: August 2020

This study conducted research on children’s well-being from their perspective, respecting theirsubjective experiences and viewpoints. The aim of the article is twofold: to discuss about how toresearch children’s well-being and describe their well-being at home and school. In 2011, the data wasgathered in two phases in the Finnish comprehensive schools of Päijät-Häme region. First, informationabout the children’s knowledge of well-being was collected using interviews and workshops. Second,this data was used to develop an e-questionnaire, which was delivered to all the second to sixth graders(8–12 years old) in the region’s schools (N=3731). In this article the focus is in the questionnaire, thedata was analyzed using mainly descriptive methods. The analysis revealed that the adults in theschools, teachers and support personnel, as well as parents, are needed to foster the children’s wellbeing. These contexts should be researched simultaneously, not as separate domains. The positiveattitudes of school personnel towards pupils, and parents’ positive, authoritative childrearing practicescontribute to the children’s feeling of well-being.
Initial Coin Offerings – Technology and the Rule of Law
Authors: Walker G.A.
Published: August 2020

Technology and financial technology (FinTech) have had an increasingly significant impact in all areas of business and commerce in recent years. Technology and FinTech can specifically bring substantial benefits in terms of efficiency, stability and security, as well as innovation, growth and prosperity despite corresponding risks and exposures. Difficult issues should also be considered to ensure that all relevant legal rights and entitlements are properly respected and protected. Many commentators have argued that computer code can replace law and supporting court systems over time although this has been questioned by others. It is arguable that technology will only work most effectively where underlying legal rights are fully reflected and properly protected through appropriate code and software design and implementation. The purpose of this paper is to examine the nature of the relationship between computer code and law and technology in the specific area of Initial Coin Offerings (ICOs) which are used to raise funding and investment capital for digital coin and digital token development purposes. A number of different types of ICO can be identified and offer phases can be distinguished. These are priced and examined in the new emerging area of Tokenomics. Countries have developed different regulatory approaches to manage the inherent risks created or further exposures that emerge over time. All the relevant issues that arise are reviewed in this paper and provisional conclusions drawn with regard to the most appropriate legal and regulatory approach to be adopted in this exciting new area of technological, financial and social advance.
مدى استيعاب النصوص التقليدية للسرقة الإلكترونية- دراسة مقارنة
Authors: يوسف زيدات د. حابس
Published: August 2020

مُلخَّص

أن التطور التكنولوجي وتقنية المعلومات والكثير من الوسائل الالكترونية الحديثة جعل المجال مفتوحاً لأن تتدخل الى جانب الفائده كثير من السلبيات، فاذا كان البعض يستخدم الوسائل الحديثه في صالح البشرية، إلا أن هنالك من يرتكبون من خلال نفس تلك الوسائل الجرائم.

ومنها جريمة السرقة التى تفترض قيام الجاني باختلاس الشئ من المالك الأصلي وإدخاله إلى حيازة مرتكب الاعتداء والظهور عليه بمظهر المالك، فهذه التطورات الحديثة سمحت للأفراد والمؤسسات الى الولوج من خلال تلك الوسائل الى البنوك والمؤسسات المصرفيه وقواعد المعلومات وحتى الاجهزة الشخصية للافراد ، مما ساهم بظهور أشكال جديدة وأساليب جديدة يمكن من خلالها ارتكاب مثل تلك الجرائم التقليدية التى جرمتها نصوص قانون العقوبات في كل دول العالم.

وبات التساؤل هل تخضع تلك الجرائم الى النصوص التقليدية التى نص عليه قانون العقوبات أم هي بحاجه الى تشريع جديد يواكب ما رافق تلك الجرائم التقليدية «ومنها ا٤سرقة» من وسائل حديثة تسمى بالجرائم الالكترونية؟ رتب ذلك ضرورة التفكير في دراسة مدى كفاية النصوص التقليدية لمحاربة جرائم الاختلاس الإلكتروني، ومدى الحاجة الى وضع تشريعات قانونية حديثة لمكافحة الجرائم الإلكترونية.
Destinos Turísticos Inteligentes e Gestão Do Conhecimento: Possíveis Convergências
Authors: Nunes Ricardo Ferreira , Medaglia Juliana , Stadler Adriano
Published: August 2020

Introdução: Aborda diferentes temas que estão em pauta no contexto social contemporâneo: Gestão da Informação, Gestão do Conhecimento (GC) e o potencial cenário turístico que, mediados pela competitividade, contribuem para delinear as estratégias de inserção, manutenção e crescimento das organizações. As ferramentas digitais, aliadas ao grande fluxo de informação, permitiram que organizações de qualquer porte ou natureza competissem com organizações já consolidadas e assim respondessem às necessidades dos destinos turísticos e sua demanda. Objetivo: Objetiva identificar, na literatura especializada, pesquisas que discutam o papel da GC na construção dos destinos turísticos inteligentes (DTI), e de que forma as Tecnologias da Informação e Comunicação (TICs) estão relacionadas às práticas que permitem uma melhor compreensão dos DTI. Metodologia: Desenvolve uma pesquisa descritiva, uma vez que se propõe a delinear a relação dos estudos de DTI e GC e utiliza como técnica de coleta e análise de dados a pesquisa bibliométrica. Para a coleta de dados foram utilizadas as plataformas Web of Science e Publicações de Turismo, que disponibilizam material de revistas da área, utilizando os termos: Knowledge Management in Tourism; Smart Tourism Destination; Gestão do Conhecimento e Destinos Turísticos Inteligentes. Conclusão: Os resultados demonstraram que os termos convergem para cinco diferentes linhas de pesquisa e pouco se retrata a GC na construção de um DTI. As publicações internacionais apontam uma ênfase para a gestão desses destinos, enquanto as publicações brasileiras priorizam a informação e abrem uma oportunidade a ser explorada no campo dos destinos turísticos inteligentes.
Automation and Robotics in Forest Harvesting Operations
Authors: Visser Rien , Obi Okey Francis
Published: August 2020

Technology development, in terms of both capability and cost-effective integration, is moving at a fast pace. While advanced robotic systems are already commonplace in controlled workspaces such as factories, the use of remote controlled or autonomous machines in more complex environments, such as for forest operations, is in its infancy. There is little doubt autonomous machinery will play an important role in forest operations in the future. Many machine functions already have the support of automation, and the implementation of remote control of the machine where an operator can operate a piece of equipment, typically in clear line-of sight, at least is commonly available. Teleoperation is where the operator works from a virtual environment with live video and audio feedback from the machine. Since teleoperation provides a similar operator experience to working in the machine, it is relatively easy for an operator to use teleoperation. Autonomous systems are defined by being able to perform certain functions without direct control of a human operator. This paper presents opportunities for remote control, teleoperated machines in forest operations and presents examples of existing developments and ideas from both forestry and other industries. It identified the extraction phase of harvesting as the most logical placement of autonomous machines in the near-term. The authors recognise that, as with all emerging technologies and sectors, there is ample scope for differences in opinions as to what will be commercially successful in the future.
Trends and Perspectives in the Design of Mobile Wood Chippers
Authors: Spinelli Raffaele , Marchi Enrico
Published: August 2020

Mobile wood chippers represent a mature technology now available in a wide range of sizes and configurations. Different types exist, but the most widespread are disc and drum chippers. The latter have enjoyed wider popularity in recent years because they are best suited to processing logging residue and other low-quality wood. Drum chippers can be fitted with screens, designed to re-circulate oversize particles. In general, industrial chippers offer high productivity and high fuel efficiency, especially if settings are properly adjusted. Chippers are high-maintenance equipment and require proper care. Maintenance cost increases with machine age and can be predicted quite accurately, and so can chipping productivity and cost. Reliable models exist for estimating both maintenance cost and productivity, based on dedicated user-entered assumptions. All things being equal, there are no substantial productivity and maintenance differences between tractor-powered and independent-engine chippers.
Cassatie in Caribische strafzaken
Authors: van den Akker S.
Published: August 2020

Cassatie in Caribische strafzaken – Opmerkelijke cassatietechnische verschillen tussen het Nederlandse en het Caribische strafprocesrecht

In deze bijdrage gaat de auteur in op de (cassatietechnische) verschillen in het strafprocesrecht tussen de Cariben en Nederland. Die verschillen worden vanuit het perspectief van de cassatieadvocaat kritisch beschouwd in het licht van het concordantiebeginsel en het EVRM. De auteur is van mening dat er voor de Hoge Raad een taak is weggelegd met betrekking tot de interpretatie van het Caribische verstekbegrip in het licht van het concordantiebeginsel. Daarbij is voor de Antilliaanse wetgever de taak weggelegd om diens omissie te herstellen door beroep in cassatie open te stellen in exequaturzaken.
Controls on the Development of Markets in Public and Private Law
Authors: Hough Barry
Published: August 2020

Controls on the Development of Markets in Public and Private Law
The University of Buckingham and Law School
Authors: Admin Admin
Published: August 2020

The University of Buckingham and Law School
LORD DENNING AS A CHAMPION OF CHILDREN'S RIGHTS: THE LEGACY OF HEWERv. BRYANT
Authors: Bainham Andrew
Published: August 2020

LORD DENNING AS A CHAMPION OF CHILDREN'S RIGHTS: THE LEGACY OF HEWERv. BRYANT
ANACHRONISTIC JUDICIAL APPROACHES TO DISABILITY BENEFITS LAW
Authors: Majid Amir A
Published: August 2020

ANACHRONISTIC JUDICIAL APPROACHES TO DISABILITY BENEFITS LAW
THEORIES OF PRIVATE PROPERTY IN MODERN PROPERTY LAW
Authors: Panesar Sukhninder
Published: August 2020

THEORIES OF PRIVATE PROPERTY IN MODERN PROPERTY LAW
NEITHERCLOISTERED NOR VIRTUOUS? JUDGES AND THEIR INDEPENDENCE IN THE NEW MILLENNIUM
Authors: Beloff QC Michael J
Published: August 2020

NEITHERCLOISTERED NOR VIRTUOUS? JUDGES AND THEIR INDEPENDENCE IN THE NEW MILLENNIUM
THE SINGAPORE CONSTITUTION AND ITS CRITICS
Authors: Lim C L
Published: August 2020

The latest book about governance in Singapore takes a different tack from recent works in the area; Professor Ho Khai Leong’s The Politics of Policy-Making in Singapore and, more recently, Professor Mauzy’s and Professor Milne’s impressive Singapore Politics under the People’s Action Party. Even should the scholars themselves have rather different views, these latter scholarly works describe the workings of Government in Singapore through a keen and informed engagement with Singapore’s current policies and institutional aspirations. Despite claiming close knowledge of the inner workings of Government,
PROSECUTING ALLEGED ISRAELI WAR CRIMINALS IN ENGLAND AND WALES
Authors: Machover Daniel , Maynard Kate
Published: August 2020

The criminal justice system in England & Wales is faced with allegations made by Palestinians of Israeli war crimes contrary to the Geneva Conventions Act 1957 (and which in some cases also involve allegations of torture contrary to s134 Criminal Justice Act 1988) – how will it cope with this challenge?
R (ON THE APPLICATION OF BEGUM) v HEADTEACHER AND GOVERNORS OF DENBIGH HIGH SCHOOL HL [2006] UKHL 15, [2006] ALL ER (D) 320 (MAR), (APPROVED JUDGMENT)
Authors: Edwards Susan
Published: August 2020

The Jilbab ControversyOn March 22nd 2006, the House of Lords allowed an appeal by the defendant school, Denbigh High School in Luton and ruled that the school’s uniform policy which disallowed a particular variation of Islamic dress - the “jilbab” (a long sleeved floor length loose fitting tunic dress) - did not amount to an interference with the respondent’s right to manifest her religion. Denbigh High School’s, school uniform, for those who were of the Islamic faith was in the form of the “shalwar kameeze” (a tunic and a particular style of shaped trousers). This uniform variation was worn by those Muslim girls who wished to wear it and was also worn by non-Muslim girls of Hindu and Sikh faiths who attended the school. Shabina Begum had attended the school since the age of eleven years and had worn the shalwar kameeze. When she was thirteen she no longer wished to wear the shalwar kameeze, instead she said she wanted to wear a jilbab which she maintained was  “the appropriate” dress code for a Muslim woman after puberty. Moreover, she refused to attend school unless she could wear this form of dress.
WHO – WHOM? UNRESOLVED ISSUES IN JUDICIAL REVIEW INAUGURAL LECTURE AT THE UNIVERSITY OF BUCKINGHAM MAY 29TH 2007
Authors: Beloff QC Michael J
Published: August 2020

It is a great pleasure for me to lecture at the University of Buckingham, of which my late father Lord Beloff was the founding father, and my son Rupert obtained first class honours in law and won the Palamountain prize for excellence.  It seems that as a mere visiting Professor I take third place in my family’s quest for this innovative University’s honours.   This is, of course, an inaugural lecture and I express the modest hope that it will sufficiently command your attention to guarantee that it will not be a valedictory one as well.  My duties as visiting Professor are to give a minimum of a single lecture over four terms – not the most testing of obligations but one more demanding than that of an Oxford Professor who, when asked what he did to earn his stipend, explained “I give an annual lecture – but not, you understand, every year”.
CRIMES AGAINST HUMANITY: THE STRUGGLE FOR GLOBAL JUSTICE
Authors: Slater James
Published: August 2020

Geoffrey Robertson (3rd ed, Penguin Books, London 2006) Paperback, pp 627, ISBN 10: 0 141 02463 1, £14.99Crimes Against Humanity: The Struggle for Global Justice (“CAH”) is a political, moral, legal and polemical work: as such, it is a comprehensive attempt to address the evils that, in the broadest sense of the concept, constitute crimes against humanity. The book is wide ranging, illuminating and entertaining. It is written in a lively and accessible style. Robertson is not afraid to make his position clear, often with a hard-hitting adjective or caustic aside, which gives the work a refreshing honesty that a more measured or academic approach might avoid. The moral, though not economic or pragmatic, case Robertson makes for the universal, coherent, consistent and systematic protection of human rights across the globe is compelling, and the broad-brush strokes of his argument, and much of its detail, is hard to disagree with. Generally speaking, I am therefore in agreement with Robertson’s objectives as set out in CAH, and the methodology he wishes to see used in order to achieve those objectives. There is much to praise in CAH, and it is a valuable contribution to the global promotion and protection of human rights and humanitarian values.
THE CREATION STORY OF KASHMIRI PEOPLE: THE RIGHT TO SELF-DETERMINATION
Authors: Lone Fozia N
Published: August 2020

If a group wishes to exercise the right to self-determination, they need to establish that they are a “people” within the international law definition, thereby triggering the ability to claim this right.  Thus, the definition of the term “people” is the key in cases of self-determination and always posits difficult challenges.  This article aims to determine whether the “Kashmiri people” could be identified as a group that fits within the contemporary non-exhaustive definition of people.  Having ascended from the level of subjects of an autocratic rule to victims of human rights violations, are Kashmiris now in a position to exercise a right to self-determination?
AN AMERICAN DILEMMA: THE FLOW OF TRADE VERSUS THE FLOW OF PEOPLE IN NAFTA
Authors: Viano Emilio C
Published: August 2020

The North American Free Trade Agreement (NAFTA) of 1994 aims at creating the legal, political, and business conditions for a freer circulation of goods, capitals and services in North America. However it gives scant attention to the mobility of workers.  The basic premise of this paper is that globalisation of trade and the universal diffusion of human rights have evolved and progressed side by side, even though with difficulty and reluctantly, and that the regional liberalisation of trade must be deeply interwoven with issues related to socio-economic rights to be ultimately and durably successful.   This paper’s major questions are: How does NAFTA address labour mobility? Does NAFTA neglect, oppose or support the free movement of people across its borders? Does the agreement deal with labour mobility in a clear and definite manner or does it ignore it and give it short shrift? Should NAFTA support the liberalisation of immigration within its area as a long term objective, as part of a deeper and broader regional integration, conditioned on considerable reforms by its Member States, especially Mexico’s legal system, and energy, tax and banking policies, among others?  Is the free movement of people needed to be truly successful and provide economic security, survival and prosperity for its member countries in view of vastly changed economic and trade conditions since its inception? This paper first traces the history of the drafting of NAFTA. Then it examines what NAFTA means for labour mobility within the complex interaction between an economic colossus like the United States and a developing country like Mexico, also taking into account current migration trends. In this section, the paper also covers the liberalisation of the mobility of labour (albeit limited) brought about through administrative regulations. Interspersed with this there is a discussion of what should be a mutually reinforcing relationship between international free trade and social policy.
BRITISH ACTION IN LIBYA 2011: THE LAWFUL PROTECTION OF NATIONALS ABROAD?
Authors: Grimal Francis , Melling Graham
Published: August 2020

The forcible protection of one states’ own nationals on another state’s territory is one which stretches the boundaries of the broader, inherent right of self-defence available to states under international law. Known as the ‘protection of nationals abroad’ this doctrine is one which remains, at best, highly controversial. This Article examines the lawfulness of action taken by British forces when they rescued and evacuated British nationals prior to Libya descending into civil war. It also considers the extent to which action by British forces fits within the highly controversial paradigm of ‘protection of nationals abroad’.
COMBATING CORRUPTION: SOME REFLECTIONS ON THE USE OF THE OFFENCE AND THE TORT OF MISCONDUCT/MISFEASANCE IN A PUBLIC OFFICE
Authors: Hatchard John
Published: August 2020

After several years of controversy and uncertainty, on 8 April 2010 the Bribery Act 2010 received the Royal Assent. The Act swept away the unsatisfactory, fragmented and complex corruption offences at common law and under the Prevention of Corruption Acts 1889-1916 and in their place created two general corruption offences (the offence of bribing another person and the offence of being bribed, each of which may be committed in the public or private sector), a discrete offence of the bribery of a foreign public official and an entirely new offence of failure by a commercial organisation to prevent a bribe being paid.
Dialogue and declarations of incompatibility under section 4 of the Human Rights Act 1998
Authors: Crawford Christopher John
Published: August 2020

It has been argued that the Human Rights Act 1998 (‘HRA’) establishes a ‘dialogue’ between the courts, parliament and the executive.  This ‘dialogue’ is supposed to be an exchange of ideas about rights pursuant to which policy goals are revised, but not blocked, following judicial decisions and takes place predominantly when courts issue declarations of incompatibility under s 4 of the HRA.  There have been 18 cases in which declarations have become final.  This article considers those 18 cases and their legislative aftermaths.  It reveals, firstly, that parliament has some ability to deal with rights issues without the courts’ prompting, secondly, that although certain declarations may have led to constructive modification of public policy, other declarations may have led to less effective policy and, thirdly, that parliament has no real freedom to disagree with the conclusions of the courts on questions of rights when a declaration has been made.
THREATS OF FORCE: INTERNATIONAL LAW AND STRATEGY
Authors: Slinn Peter
Published: August 2020

Dr Francis Grimal, Routledge 2012, ISBN-13: 978-0415609852, Price £70.40 hbDr Grimal’s monograph on the law of armed conflict relating to threats of force, is a significant contribution to the literature. It ventures along one of the most perilous corridors of uncertainty in modern international law, and attempts with commendable courage to set the legal issues in the context of modern international relations. As Professor Breau writes in her Foreword, the existing literature concentrates overwhelmingly on the actual use of force, and there is little academic analysis of the meaning and significance of the threat of force in terms of the reference in article 2(4) of the United Nations Charter, to the duty of all members to ‘refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state’.
denning
Authors: Woodhead Christopher
Published: August 2020

ening
HUMAN RIGHTS AND MEDIA: THE EXPERIENCE OF THE COMMISSION OF INQUIRY ON NORTH KOREA
Authors: Kirby CMG Michael J
Published: August 2020

Even in oppressive countries, those responsible for abuses of human rights normally perform their deeds of commission and omission in private, away from the glare of publicity. Publicity and news attention encourage supporters of global human rights to address the violations of human rights of peoples and individuals. They speak up and demand action. Secrecy is a cloak for terrible crimes and violations.This is why, in the current international situation, those with responsibility for the United Nations’ efforts to advance universal human rights, and to expose violators, have increasingly looked to the media (especially international media) to support their efforts. Between the time in the 1990s when I discharged a mandate as Special Representative of the Secretary-General for Human Rights in Cambodia (1993-6) and the more recent time in which I served as Chair of the Commission of Inquiry (COI) on alleged human rights violations in the Democratic Peoples’ Republic of Korea (DPRK) (North Korea) (2013-14), I noticed a significant change in the engagement of United Nations personnel with the media. A connection with media became more intensive, more time consuming and more professional. Moreover, it is supported from the top of the Organisation. The Secretary-General of the United Nations (Ban Ki-moon), the High Commissioners for Human Rights, other agency heads and mandate-holders have become much more willing to engage with media and much more skilful in doing so. By this I mean not only local newspapers, radio and television interviews but also international media and the new social networks, blogs, Reddit and the internet generally. Together these media can bring news, information and opinions of UN experts on human rights to an audience far wider than that which, in the past, had access to UN reports on human rights concerns.
"DEFENDING AN ENGLISHMAN'S CASTLE” CAN I SELL MY HOUSE BUT CONTINUE LIVING IN IT? THE NORTH-EAST PROPERTY BUYERS LITIGATION
Authors: Pearce Robert
Published: August 2020

The maxim “an Englishman’s home is his castle” has its roots in Magna Carta. English land law has developed from a feudal system which emphasised the authority of the lord: in times long ago most occupiers of land were beholden in some way to their lord for their rights to the land, being obliged to give services in return for their landholding, and to demonstrate loyalty or fealty to their lord. The lords themselves had similar obligations to their lords, and ultimately to the King. Hence, it used to be said that all land in England was held directly or indirectly from the Crown.
AUSTRALIAN ABORIGINAL HUMAN RIGHTS AND APPREHENDED BIAS: SKIRTING MAGNA CARTA PROTECTIONS?
Authors: Lilienthal Gary , Ahmad Nehaluddin
Published: August 2020

The significance of this paper is in discussion of the wholesale obliteration of religious and other rights among Australian Aboriginal people, constituting a subspecies of continuing genocide. The Constitution of the Commonwealth of Australia states its directive on religion as follows.‘The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.’This constitutional section prohibits the making of laws, as stated, but does not prohibit administrative action imposing religious procedures. Neither does it prohibit official administrative action to restrain the free exercise of religion in Australia.
BREXIT AND THE UK OIL & GAS SECTOR
Authors: LaMaster John C , Hammerson Marc
Published: August 2020

On 23 June 2016, the UK electorate voted in a referendum to leave the European Union (EU). This outcome is expected to have far-reaching consequences for UK industry, including the oil & gas sector. These include: short- to medium-term uncertainty; potential changes to legislation affecting the downstream industry; restrictions on the free movement of goods and people; effects on the gas market; and renewed impetus for Scottish independence. It is impossible at this early stage to reach any definitive conclusions regarding the consequences of Brexit to the UK oil & gas industry, but this short article will discuss certain issues that are likely to be of interest and relevance.
THE PENALTY RULE: A MODERN INTERPRETATION
Authors: Leung Kal KC
Published: August 2020

This paper focuses on the common law doctrine of the penalty rule and the recent Supreme Court decision in Cavendish Square Holding v Makdessi and ParkingEye v Beavis. The state of the penalty rule prior to the judgment was unsatisfactory and criticized by both commentators and practitioners alike. Its indiscriminate application and unclear criteria was a needless source of uncertainty for both contracting parties and lawyers. Nevertheless, their Lordships in Cavendish refused to abolish the penalty rule but acknowledged its limited application in the modern commercial context. This paper accordingly aims to justify the continued existence of the doctrine on theoretical grounds within the English private law framework despite its practical obsolescence.
Contract and Tort after Denning
Authors: Furmston M P
Published: August 2020

Contract and Tort after Denning
Human Rights in an Unwritten Constitution
Authors: Scarman The Rt Hon Lord
Published: August 2020

Human Rights in an Unwritten Constitution
CORRUPTION AND MISUSE OF PUBLIC OFFICE
Authors: Slinn Peter
Published: August 2020

CORRUPTION AND MISUSE OF PUBLIC OFFICEColin Nicholls QC, Tim Daniel, Alan Bacarese, James Maton and Professor John Hatchard, (3rd edn, OUP 2017) lxxviii and 934.
UNDUE INFLUENCE: TOWARDS A UNIFYING CONCEPT OF UNCONSCIONABLITY?
Authors: Pawlowski Mark
Published: August 2020

The article argues for an assimilation of the related doctrines of undue influence and unconscionable dealings under one common umbrella of unconscionability. The interrelationship between unconscionable bargains and undue influence under English law is considered in some detail, as well as developments in other Commonwealth jurisdictions, notably, in Canada, Australia and New Zealand. After examining the views of several academic commentators, the conclusion is that such an assimilation would do much to rationalise and simplify current English law. If, however, the English courts are reluctant to undertake what is perceived to be essentially a function of Parliament in developing the law, serious thought should be given to rationalising this area of law by means of legislative intervention.
OFSTED V AL-HIJRAH, THE CASE OF SEGREGATED SCHOOLS AND SEX DISCRIMINATION
Authors: Akhtar Rajnaara
Published: August 2020

This case of HM Chief Inspector of Education, Children’s Services and Skills v The Interim Executive Board of Al-Hijrah School was the unfortunate outcome of an Office for Standards in Education, Children’s Services and Skills (Ofsted) inspection which resulted in a cataclysmic breakdown in trust between the government agency and the Birmingham city based Al-Hijrah school. Following an Ofsted inspection carried out under section 5 of the Education Act 2005, the subsequent Report stated that the full segregation of female and male pupils in a mixed-sex school amounted to sex discrimination under the Equality Act 2010. Al-Hijrah School applied to the High Court for a judicial review of the report prior to its official publication. The High Court Justice considered a range of evidences including facts related to Ofsted procedure, and ruled that the segregation did not amount to a breach of the 2010 Act, as when taken as a group, the treatment of the boys and the girls was the same and so there was an absence of “less favourable treatment”.
EVALUATION OF THE RULE OF LAW AS A PRE-REQISITE TO THE RIGHT TO DEVELOPMENT IN AFRICA
Authors: Joshua Ayobami , Akintoye Simisola
Published: August 2020

Africa faces myriads of challenges one of which is the need for development; as a result, development is a critical issue in Africa. The apparent disparity and inequity of the global economic system in the aspect of international economic development, conspicuous particularly on the Africa continent has dominated academic discourses since the era of the decolonization of the undeveloped countries. One of the direct consequences of this was the evolution of right-based approach to development agenda which have implications for democracy and the rule of law; two elements that have suffered serious setbacks in almost all African countries.  This paper examines the extent to which the effective enforcement of the rule of law in African countries can aid the human rights based approach to development in order to deliver meaningful improvements to the African development crisis. It starts by highlighting the evolution of the rights based approach to development agenda with a view to clarifying the meanings of the “right to development”. It further examines the import of the doctrine of rule of law, its relationship to the rights-based approach to development agenda and the theoretical underpinnings of both concepts. The paper continues to assess the position of the rule of law in African countries now, and its implications for the realization of the Right to Development (RTD), domestically (in each African country), regionally (and possibly sub-regionally).It is the argument of this paper that although, the African human rights-system, particularly the African Charter of Human and People’s Rights was the first enforceable document to contain the right to development, thereby making the African continent to be the first in conceiving it, yet one of the major reasons why development has eluded African over a considerable period of time until now is abysmal failure of the Rule of Law.
Non-Apology in the Age of Apology
Authors: Organick Aliza Gail
Published: August 2020

After more than two decades winding its way through a variety of United Nations (UN) mechanisms, in September 2007 the world’s indigenous peoples welcomed the news that the UN Declaration on the Rights of Indigenous Peoples (hereinafter the Declaration) was at last approved by the vast majority of nation-states.2 The four settler3 states that opposed the Declaration initially (the United States, Canada, Australia and New Zealand) have each in turn voiced their ultimate approval of the declaration and have issued statements in support to their indigenous citizens.In spite of the fact that these statements expressed a measure of regret for past wrongs committed, not one of those endorsements embodied a formal apology. Now that the Declaration has entered its eleventh year, many continue to question to what extent these endorsements have meaningfully advanced reconciliation for indigenous peoples and whether these endorsements were authentic in their stated desire to do more than just acknowledge the aspirations contained in the Declaration.This comment will examine the framework for political apologies in general and then consider the endorsements of the Declaration by the United States, Canada, Australia and New Zealand in light of contemporary apology theory. The article will then examine affirmative actions taken by those states following their endorsements in order to advance the claims of indigenous peoples and look at whether these actions have fallen short in providing meaningful redress for centuries of past wrongs.
Legal Practitioners as Potential Money Launderers: Beneficial Ownership Transparency and PEPs: Solicitors Regulation Authority v Sharif (2019)
Authors: Hatchard John
Published: August 2020

Legal practitioners enjoy a high degree of credibility and trust. With this comes vulnerability. For example, a solicitor’s trust account may be used by criminals through which to launder their proceeds of crime.1 The need to maintain public confidence in the profession remains of paramount importance and it follows that substantial reputational harm can occur where there is a risk that legal practitioners are being used (wittingly or otherwise) to facilitate money laundering.
The Curious History of Trade Union Law
Authors: Hodge Andrew
Published: August 2020

The Curious History of Trade Union Law
Developments in the Law of Confidentiality
Authors: Scott The Hon Mr Justice
Published: August 2020

Developments in the Law of Confidentiality
What kind of Castle?
Authors: Pearce Robert
Published: August 2020

What kind of Castle?
Occupational Pensions: Securing the Pension Promise
Authors: Goode Roy
Published: August 2020

Occupational Pensions: Securing the Pension Promise
Restraining the Exercise of Corporate Statutory Powers
Authors: Jaffey Peter
Published: August 2020

Restraining the Exercise of Corporate Statutory Powers
Does Artificial Neural Network Forecast Better for Excessively Volatile Currency Pairs?
Authors: Inani Sarveshwar Kumar , Tripathi Manas , Kumar Saurabh
Published: August 2020

This study predicts the exchange rates for three currency pairs (USD-INR, GBP-INR, and EUR-INR). We have used multi-layer perceptron (MLP) neural network architecture based on feed-forward with back-propagation learning method.  The sample of the study covers daily data for the period from January 2009 to January 2016. The findings of the study confirm that the neural network predicts better for more volatile currency pairs (GBP-INR and EUR-INR) as compared to a less volatile currency pair (USD-INR). The study further observes that the optimal forecast horizon for the neural network model should be equal to the optimal lag length used in the construction of the model. This study aims to contribute in the area of foreign exchange forecasting. Exchange rate plays a crucial role in the macro-economy of a country. Hence, prediction of currency exchange rate becomes imperative for various stakeholders such as government, the central bank, and investors to maximize the returns and minimize the risk in their decision-making.
Structural breaks in unbiased volatility estimator: Modeling and forecasting
Authors: Kumar Dilip
Published: August 2020

The study provides a framework to model the unbiased extreme value volatility estimator (The AddRS estimator) in presence of structural breaks. We observe that the structural breaks in the volatility based on the AddRS estimator can partly explain its long memory property. We evaluate the forecasting performance of the proposed framework and compare the results with the corresponding results of the models from the GARCH family. The forecasts evaluation exercises consider the cases when future breaks are known as well as unknown. Our findings indicate that the proposed framework outperform the sophisticated GARCH class of models in forecasting realized volatility. Moreover, we devise a trading strategy based on the forecasts of the variance to highlight the economic significance of the proposed framework. We find that a risk averse investor can make substantial gain using the volatility forecasts based on the proposed frameworks in comparison to the GARCH family of models.
Using Machine Learning to Predict National Hockey League Average Home Game Attendance
Authors: King Barry E , Rice Jennifer L , Vaughan Julie
Published: August 2020

Research predicting National Hockey League average attendance is presented. The seasons examined are the 2013 hockey season through the beginning of the 2017 hockey season. Multiple linear regression and three machine learning algorithms – random forest, M5 prime, and extreme gradient boosting – are employed to predict out-of-sample average home game attendance. Extreme gradient boosting generated the lowest out-of-sample root mean square error.  The team identifier (team name), the number of Twitter followers (a surrogate for team popularity), median ticket price, and arena capacity have appeared as the top four predictor variables.
The Volume-Price Relationship at the High-Frequency Scale: Evidence From DCC-GARCH
Authors: Unger Stephan
Published: August 2020

This article investigates the time-varying high-frequency price-volume relationship from two perspectives. At the high-frequency time scale, we show that the time varying conditional correlation between price and volume changes exhibits distinct excitational spike regimes that provide a rich set of patterns unexplored before. Impulse response analysis based on a high-frequency Vector-autoregressive specification show that volume has greater impact on price than vice versa. Our results therefore suggests that volume can be seen as a proxy for information flows. Due to market micro-structure contamination, we show that smoothing and pre-averaging is necessary to uncover the high-frequency relationship between price and volume.
PREDICTION MARKETS: AN EXTENDED LITERATURE REVIEW
Authors: Tziralis George , Tatsiopoulos Ilias
Published: August 2020

This paper presents an attempt to study and monitor the evolution of research on prediction markets (PM). It provides an extended literature review and classification scheme. The former consists of 155 articles, published between 1990 and 2006. The results show that an increasing volume of PM research has been conducted in a very diverse range of areas. The articles are further classified and the results of this classification are presented, based on a scheme that consists of four main categories: description, theoretical work, applications, and law and politics. A comprehensive list of references concludes this literature review. It is the authors’ intention to provide an expedient source for anyone interested in PM research and motivate further interest.