bluuebunny/crossref_metadata_2025 huggingface dataset:
Assessing dimensionality in infant colour vision
Authors: Knoblauch Kenneth , Bieber Michelle , Werner John S.
Published: April 2012

Since the human visual system continues to mature and to be influenced by the visual environment over at least the first two years of life, the practical benefit of studies of infant vision will be in the development of screening tools for the early identification of visual deficits that might be correctable with early intervention. Since the trichromacy of normal adult colour vision requires three classes of functioning cone photoreceptors in the retina, as well as integrity of the parvocellular stream of the visual pathway from retina through the lateral geniculate nucleus to the cortex, colour vision testing would be a valuable tool for the screening for defects in this portion of the developing visual system. Such a test would be of use in the assessment of residual function in infants with partial vision or other disabilities, as well as in identifying the approximately 8% of males who inherit an abnormality of one of the longer wavelength-sensitive cone photopigment genes that result in a red-green colour defect. While tests for screening infant colour have been proposed recently, several factors may make them more difficult to interpret than equivalent adult tests. In this chapter, some of these difficulties are reviewed and preliminary data using techniques aimed toward ameliorating them are presented.
Spatial and temporal properties of infant colour vision
Authors: Burr David C. , Morrone M. Concetta , Fiorentini Adriana
Published: April 2012

Information processing for colour vision starts in the retinal photoreceptors and proceeds through the inner retina, the lateral geniculate nucleus, and visual cortex. At the photoreceptor level, the spectral composition of light is analysed with three cone types with different absorption spectra. However, at the next retinal stages and at all subsequent sites, colour information is processed by cells organized into colour-opponent receptive fields, as suggested by the Hering opponent theory of colour vision. This chapter reviews some of the evidence for development of these mechanisms; a few recent experiments from the laboratory are described in detail. When studying the development of colour vision in infants, it is useful to try and distinguish between possible neonatal immaturities at pre-receptor or receptor levels and immaturities of the post-receptoral level, either retinal or more central. The chapter concentrates on recent studies of infant colour vision development aimed at elucidating the role of postreceptoral neural mechanisms.
Basic considerations when refracting infants
Authors: Thorn Frank
Published: April 2012

Conceptually, the basic optical methods used to perform an ‘objective’ refraction are simple. However, these elementary optical procedures are not always simple to implement and are invariably affected by the conditions under which they are used. This chapter is written to help the professional who works with infants but who does not perform eye examinations, to understand the procedures and problems encountered while refracting an infant. The discussion of the six conditions, under which refractions can be performed and which affect the results of the refraction, involves a more complex analysis than the basic refractive procedure. The most widely used objective refracting device is the retinoscope. It is objective only in the sense that the patient's subjective impressions are not used. However, the retinoscopist must make a complex series of subjective decisions. How the retinoscope works is explained in this chapter. The less widely used autorefractors use variations on the same optical principles employed by the retinoscope.
Prediction of myopia in children
Authors: Gwiazda Jane , Bauer Joseph , Thorn Frank , Held Richard
Published: April 2012

Children who become myopic generally do so sometime between seven and thirteen years of age. The aetiology of this school-age myopia has been debated for centuries. The latest research indicates that, although myopia has a genetic component, close-up visual activity, such as reading and playing computer games, also contributes to the genesis and progression of myopia in susceptible eyes. Recent findings from longitudinal studies of refraction indicate that it is now possible to predict whether an infant will become myopic at school age. This chapter reviews some of the new findings relevant to the prediction of myopia in children.
The Rotterdam C-chart: visual acuity and interocular acuity differences in very low birth weight and/or very prematurely born children at the age of 5 years
Authors: van Hof-van Duin J. , Pott J. W. R.
Published: April 2012

It is generally accepted that children born very prematurely or with a very low birth weight (VLBW; 〈1500 g) are at risk for visual impairment, at least during the first few years after birth. Whether visual impairment such as low visual acuity is only a sign of delayed development, or is irreversible, is still questionable. Visual acuity development continues until puberty which possibly allows a catching up in this lag in development. The purpose is to determine whether VLBW and/or very prematurely born children are at risk. For permanent impairment of visual acuity by comparison of acuity values obtained in five-year-old children who are at risk for an impaired visual development because of a very low birth weight and/or a very short gestational duration, to those of healthy control five-year-olds. In this earlier study, it is demonstrated that with the Rotterdam C-chart acuity estimates of both five-year-old control children and adults show a normal distribution and no ceiling effect. Therefore, the Rotterdam C-chart seems suitable for acuity assessment in young and visually impaired children.
Acuity cards and the search for risk factors in infant visual development
Authors: Vital-Durand François , Ayzac Louis , Pinzaru Gabriel
Published: April 2012

It is widely accepted that the major steps of visual development occur during the first eighteen months of life. Resolution, measured with acuity cards, improves steadily from birth where it is close to one cycle per degree (20/600) to near fifteen cycles/degree (20/40) toward the end of the first year. Introduction of Teller Acuity Cards (TAC) has been a strong incentive to promote early detection of visual defects by allowing the estimation of resolution at any age as well as in infants afflicted by visual deficits. Specifically, this chapter investigates the sensitivity and specificity of TAC in clinical practice, when considered as a single test in a standard battery of tests. Few studies have described a general population of infants in terms of visual capacity. The present study is based on data gathered over four years from a large population of infants.
Eye alignment and convergence in young infants
Authors: Hainline Louise , Riddell Patricia M.
Published: April 2012

The presence of a fovea, a region with higher spatial resolution than the rest of the retina, coincides in vertebrate evolution with the emergence of several visual characteristics. Migration of the eyes from a lateral position to the front of the head produced significant overlap of the visual fields of the two eyes, allowing the emergence of binocular visual interactions. Sensory fusion and stereopsis allow a finely tuned perception of depth that emerges through the action of disparity detectors, cortical cells that compare the simultaneous inputs from the two eyes. The central topic of this chapter is an aspect of visual/motor development, specifically the development of binocular eye alignment in vergence (change in alignment of the visual axes of the two eyes to look at objects at different distances). Given the recognition of the importance of sensory–motor interactions during early development, it is perhaps surprising to find how little attention has been given to this factor in visual development.
Eye-head relations in neonates and young infants
Authors: Carchon I. , Block H.
Published: April 2012

A basic issue is to determine whether the probability of obtaining eye–head coupling depends upon the stimulus location in the visual field. The experiment in this chapter investigated the effect of target direction on both oculomotor activity and head coupling in a pursuit task. Two age groups were compared: neonates (three days old) and young infants (forty-five days old). Horizontal eye movements were measured from EOG recordings and were also recorded by a video camera. A second camera filmed head movements. The data show that pursuit is more extended when the target moves from the periphery to the centre (P→C) at both ages. In most cases, smooth pursuit is performed in the central region of the visual field (0−24°), regardless of whether the starting point of the target is central or peripheral. To analyse eye–head coupling, the portion of smooth pursuit performed with ipsilateral head movements was examined. There was more smooth pursuit in the forty-five-day-old infants than in the neonates, and more in the centre-to-periphery (C→P) condition than in the periphery-to-centre condition. The findings of this study shows that the extent of visual pursuit is greater when the target moves from the periphery to the central visual field but, in this direction of motion, more saccades are observed than in the opposite direction.
Evaluation of sensory visual development based on measures of oculomotor responses
Authors: Buquet Cathy , Charlier Jacques R.
Published: April 2012

Studies of oculomotor responses greatly contributed to the evaluation of sensory visual functions in non-verbal children. These developments result from a better understanding of the oculomotor behaviours of infants and from the introduction of objective techniques for measuring their eye movements. For this reason, the foundations of methods based on eye movement responses to study the detection and discrimination of visual stimuli is first reviewed. Second, the various techniques that are available today for measuring eye movements in children is presented. Third, how these developments applied to the evaluation of sensory visual functions are summarized. The purpose of this chapter is to provide a framework with references to the different reviews made in each of these specialties. In this review, the major problems involved with the evaluation of infants' sensory visual functions with oculomotor responses have been outlined.
Pattern processing in infancy: hemispheric differences and brain maturation
Authors: de Schonen S. , Deruelle C. , Mancini J. , Pascalis O.
Published: April 2012

The various neural networks of the infant brain do not all become functional at the same rate. Investigating the relationships between emerging cognitive competences and maturational neural events can therefore be most instructive. In some respects, this approach to the neural basis of behaviour, although it involves some methodological difficulties, is similar to the neuropsychological approach to adult patients with brain lesions. The double dissociations between emerging behaviours and between neural maturational events correspond to the double dissociations that are being studied in adult patients. Neural events of other kinds, which may be very similar or even identical to those underlying adult learning processes, are probably involved in the mechanisms of cognitive development. Discovering how learning mechanisms and neural maturation co-operate and are correlated with age-related behavioural changes is the main goal of the developmental approach.
Practical application of the visual evoked potential in paediatric neuro-ophthalmology
Authors: Apkarian Patricia
Published: April 2012

The impetus to study visual ontogenesis and the corresponding plethora of developmental studies have resulted in major advances in our knowledge of the relationship between various aspects of visual perception and maturation of the corresponding anatomical and physiological substrates. The basic requisite in this area of study is to understand normal visual function and its development to optimum visual capacity, as well as to understand the aetiology of abnormal visual development and its detrimental consequences. Normal maturation of the visual pathway is dependent not only upon intrinsic biological factors but upon the infant's ability to sustain normal visual experience. An alternative to the behavioural approach is non-invasive electrophysiology, namely visual evoked potentials (VEPs). An advantage of evoked potential assessment is that, in addition to the ability to test performance for various visual tasks, VEPs can measure visual capacity and maturation at varying stages of processing along the visual pathway from the retina to cortex. In the present overview, application of the VEPs in paediatric neuro ophthalmology is described, together with the various stimulus and recording techniques designed to optimize VEP testing in infants and young children. A practical approach to electrodiagnostic assessment of visual function in paediatric neuro-ophthalmology is presented. Stimulus and recording techniques are outlined and substantial attention is paid to the ‘four-parameter approach’ to VEP assessment for clinical application. The four basic VEP parameters, amplitude, latency, waveform, and topography, are described in detail.
Visual development following treatment of a unilateral infantile cataract
Authors: Boothe Ronald G.
Published: April 2012

An understanding of the ways in which vision develops following treatment of an infantile cataract is of considerable interest to a broad spectrum of basic scientists and clinicians. Devising improved methods for treatment, or ideally methods for prevention, of the amblyopia that typically develops following the surgical removal of the cataract poses a significant challenge for clinicians. Psychophysicists are interested in the precise nature of the perceptual deficits that sometimes develop in these children. Neuroscientists are particularly interested in questions regarding the neuropathology in the visual pathways in the brain that correlate with reduced visual function. Developmental psychologists are intrigued by the implications this topic has for broad issues having to do with the relative importance of ‘nature versus nurture’ in guiding development. This chapter attempts to summarize some of the main findings from the literatures from all of these disciplines in order to synthesize an understanding of visual development in children being treated for infantile cataracts.
Visual instrumentation for use with visually deficient children: the Point Mobile
Authors: Portalier Serge , Vital-Durand François
Published: April 2012

In the study presented in this chapter the concept of instrumentation is applied to the deficient visual system of visually handicapped infants to explore the extent to which the use of poor vision can be developed rather than relying exclusively upon vicarious sensory systems, such as an extensive use of auditory or tactile cues. The study describes the use of a simple computer program designed to stimulate detection, localization, and capture of visual targets by visually deficient infants. These young children, aged two to four years, presented some degree of residual vision. They attend a multi-disciplinary educational centre where vision therapists, psychologists and researchers try to develop their visual instrumentation, as well as their vicarious sensory systems.
Computational Neuroscience of Vision
Authors: Rolls Edmund , Deco Gustavo
Published: April 2012

This book presents the highly complex subject of vision, focusing on the visual information processing and computational operations in the visual system that lead to representations of objects in the brain. In addition to visual processing, it also considers how visual inputs reach and are involved in the computations underlying a wide range of behaviour, thus providing a foundation for understanding the operation of a number of different brain systems.
The primary visual cortex
Authors: Rolls Edmund T.
Published: April 2012

This chapter examines the role of the primary visual cortex in visual processing. It describes evidence on the nature of the neuronal responses in the primary visual cortex and the processing streams that lead to the primary visual cortex, and discusses some of their computational properties and the computational processes by which they arise. The chapter suggests that there seem to be partially separated neural pathways within the striate cortex that imply a segregation of the processing channels into three functionally distinct pathways, which includes a stereopsis and motion pathway, a colour pathway, and a form pathway.
The parietal cortex
Authors: Rolls Edmund T.
Published: April 2012

This chapter outlines the contribution of the parietal cortex to spatial cognition. It discusses the structure and function in spatial attention and spatial representation of the parietal higher order areas of the dorsal visual stream and describes spatial information processing in the parietal lobe. The chapter considers the neuropsychological syndromes that result from parietal lesions, such as visual neglect, Balint's syndrome, and Gerstmann's syndrome in order to provide a better understanding of the functions of the parietal cortex in spatial cognitive functions.
Inferior temporal cortical visual areas
Authors: Rolls Edmund T.
Published: April 2012

This chapter examines the role of the inferior temporal cortical visual areas in face recognition. It discusses neuronal responses found in different temporal lobe cortex visual areas, the selectivity of neurons for individual face features or for a combination of face features, and the distributed encoding of object and face identity. The chapter explains the representation of information in the responses of a population of inferior temporal visual cortex neurons and the temporal encoding in the spike train of a single neuron.
Neural network models
Authors: Rolls Edmund T.
Published: April 2012

This chapter describes a set of fundamental neural networks used by the brain, including the parts of the brain involved in vision. These models utilize a local learning rule or a rule for synaptic modification in which the signals needed to alter the synaptic strength are present in the pre- and post-synaptic neurons, and they can be described as providing one of the fundamental building blocks that the brain uses. The chapter discusses pattern association memory, autoassociation memory, and continuous attractor networks.
The cortical neurodynamics of visual attention - a model
Authors: Rolls Edmund T.
Published: April 2012

This chapter aims to formulate a neurodynamical theory and model that addresses the issues of how spatial and object attention mechanisms can be integrated and can function as a unitary system in visual search and visual recognition tasks. An important novel idea in this model is that the dorsal stream and the ventral stream interact at multiple points and levels, and the locus of intersection is a function of the scale of analysis. The model can reproduce the findings of a number of attention-related neurophysiological experiments and it provides a united conceptual framework to account for several apparently disparate psychological processes such as spatial and object attention, object recognition and localization, and serial and parallel search.
Visual search: Attentional neurodynamics at work
Authors: Rolls Edmund T.
Published: April 2012

This chapter aims to demonstrate that the attentional architecture described in the previous chapter performs covert searches across the visual field in parallel and can show two experimentally observed modes of visual attention, namely: serial focal attention, and the parallel spread of attention over space. It explores the interplay between microscopic neuronal dynamics and systems-level functional behaviour in the context of visual search, and shows that it is possible to build a neural system for visual search. The chapter also provides an extension of the computational multi-area model in order to understand the neurodynamics underlying much more complex cases of visual search tasks that require the binding of different feature dimensions.
A Computational Approach to the Neuropsychology of Visual Attention
Authors: Rolls Edmund T.
Published: April 2012

This chapter examines the computational neuropsychology of visual attention. It investigates the specific visual cognitive impairment in brain-damaged patients known as visual spatial neglect and attempts to model the neglect syndrome. The chapter concludes that computational neuroscience provides a mathematical framework for studying the mechanisms involved in brain function and allows complete simulation and prediction of neuropsychological syndromes, and that simulations provide useful support for the explanation offered of the functional impairments resulting from brain damage in patients.
Principles and Conclusions
Authors: Rolls Edmund T.
Published: April 2012

This concluding chapter sums up the key findings of this study on the computational neuroscience of vision. The results show that the responses of many inferior temporal visual cortex neurons have transform invariant responses to objects and faces, but not all neurons have view invariance. The findings also indicate that much of the information available from the responses of the neurons about shapes and objects is available in short time periods and that invariant representations can be self-organized using a trace learning rule incorporated in a feature hierarchy network such as VisNet.
A history of cognitive rehabilitation
Authors: Prigatano George P.
Published: April 2012

This chapter provides a brief history of cognitive rehabilitation. It reviews how brain injuries sustained in war have provided great stimulus both to the theoretical foundations of neuropsychology, and to some of the early formulations of the process of rehabilitation. Historical accounts are always shaded by the perspective of the historian who recounts past events: thus multiple perspectives are needed when attempting to obtain an accurate history of cognitive rehabilitation.
Cognitive rehabilitation and its relationship to cognitive-neuropsychological rehabilitation
Authors: Coltheart Max , Brunsdon Ruth , Nickels Lyndsey
Published: April 2012

This chapter draws attention to the conceptual and operational differences between cognitive-neuropsychological rehabilitation and cognitive rehabilitation. Three of the major differences are that cognitive-neuropsychological rehabilitation relies on cognitive models of the impaired processing system for assessment and for treatment definition whereas cognitive rehabilitation does not; cognitive-neuropsychological rehabilitation emphasizes restoration of function rather than compensation whereas cognitive rehabilitation does not; and cognitive rehabilitation is used only for treating acquired cognitive disorders whereas cognitive-neuropsychological rehabilitation is applied also to developmental disorders of cognition.
Applying the WHO ICF framework to the rehabilitation of patients with cognitive deficits
Authors: Wade Derick T.
Published: April 2012

This chapter advocates the use of the World Health Organization's International Classification of Functioning (WHO ICF) model when thinking about cognitive rehabilitation, and shows how research into effectiveness needs to consider careful study of both individual patients and group studies. The WHO ICF model is a descriptive system that can be transformed into a powerful way of analysing illness. In relation to cognitive deficits, it highlights the fact that cognitive impairments are conceptual constructs that are derived from behavioural observations, and that the associated disability or disabilities are not in themselves specifically attributable to a single ‘cognitive’ deficit. It also highlights that rehabilitation for patients with cognitive losses may well involve many different interventions at many different levels, not simply attempting to reverse the loss itself.
Attentional behaviour
Authors: Styles Elizabeth
Published: April 2012

Attention refers to a complex set of cognitive processes that involve many areas of the brain. As attention is involved in many cognitive functions, impairments of attentional processes can compromise the performance of other tasks such as perception, memory, and voluntary action. Attention plays a role in selecting or focusing on a subset of the currently available information which requires further processing, but it can also be divided between concurrent tasks, sustained over time, and is important for control of goal-directed behaviour. The understanding of the role of attention in such tasks as visual orienting, unilateral visual neglect, simultanagnosia, and visual extinction is informed by theory and research in cognitive psychology; by cognitive neuropsychological case studies of brain damaged patients; and by the scanning and imaging techniques of cognitive neuroscience. Apart from visual information, the brain codes many other sources of information across multiple brain areas.
Testing speed and control
Authors: van Zomeren Adriaan H. , Spikman Joke M.
Published: April 2012

This chapter argues that it is fruitful to look at attentional impairments, their assessment and their remediation within a simple theoretical framework: the distinction between speed of processing and attentional control. Although this distinction is not absolute, it has two major advantages: it is empirically based in factor analyses of performance on attention tests by normal control subjects and patients, and it brings some order in the enormous collection of attention tests available to clinicians and investigators. Last but not least, the approach chosen here suggests a need in the clinical assessment of attention: as increased mental fatiguability and loss of concentration are frequent complaints in brain-damaged patients, assessment should focus on tests of sustained attention that demand a greater cognitive effort from the patient.
The neuroanatomy of memory
Authors: Markowitsch Hans J.
Published: April 2012

The neuroanatomical correlates for memory encoding, consolidation, storage, and retrieval. For content-based memory, this chapter proposes that there are five long-term memory systems, each with its own neural circuitry. It proposes that both organic and psychogenic forms of retrograde amnesia act similarly in principle: in the organic forms the trigger structures for activating the storage nets are damaged, in the functional, psychogenic forms the stress hormone level is altered and influences those regions which have the highest number of stress hormone receptors — the amygdala and the hippocampus.
Language
Authors: Howard David
Published: April 2012

The first section of this chapter introduces cognitive neuropsychological models of single word processing. It compares this approach with a number of competing theoretical perspectives. The second section considers how language is represented in the brain. The classical Wernicke–Lichtheim model, although widely represented in textbooks, is inadequate. This section considers evidence from lesion studies of people with brain damage together with their limitations. Although functional imaging studies have brought substantial progress in the understanding of language representation in the brain, much is still unclear about the nature of processing taking place, how it is implemented at a neural level and the interactions between different regions during language tasks.
Rehabilitation of executive deficits
Authors: Worthington Andrew
Published: April 2012

Executive skills are implicated in virtually all intelligent behaviour and are central to everyday adaptive living. Equally, executive dysfunction produces some of the most pervasive and debilitating forms of disability, threatening employment, family integrity and social relationships, and personal autonomy. While significant progress has been made at a theoretical level, clinical approaches to the remediation of executive disorders remain largely atheoretical and pragmatic. Cognitive models can help therapists understand what to treat, and may even suggest how to treat, but the knowledge of how specific techniques work is poorer than is generally acknowledged. Furthermore, many diverse influences conspire to produce disability, demanding an eclectic approach to intervention. Outcome evaluation should focus on evidence of socially and personally meaningful change.
Cognitive rehabilitation outcomes for traumatic brain injury
Authors: Carney Nancy , du Coudray Hugo
Published: April 2012

In 1998, the Evidence-Based Practice Center (EPC) of Oregon Health and Science University (OHSU) conducted a systematic review of the scientific literature about the effectiveness of cognitive rehabilitation for the treatment of traumatic brain injury (TBI) in adults. The review was part of a larger report, funded by the Agency for Healthcare Research and Quality (AHRQ), in which the evidence for the effectiveness of rehabilitation interventions for TBI at various phases of recovery was summarized. This chapter summarizes the process and findings about cognitive rehabilitation from that report, as well as the findings from an update conducted to review the literature from 1998 to 2002.
Outcome of cognitive rehabilitation in clinical stroke services
Authors: Lincoln Nadina
Published: April 2012

This chapter evaluates the evidence for the effectiveness of cognitive rehabilitation in the context of different clinical services and resources. Cognitive rehabilitation can be effective for people who have suffered with stroke. However, in order to plan services, more specific information is needed relevant to the many contexts in which stroke patients are treated.
Cognitive rehabilitation in early-stage dementia
Authors: Clare Linda
Published: April 2012

Rehabilitation approaches aiming to optimize well-being and manage disability provide an appropriate framework for the care of people with dementia. There is a long-standing tradition of cognition-focused intervention in this area, and recent work has applied the principles of cognitive rehabilitation primarily to assist people in the early stages of dementias such as Alzheimer's disease. This chapter describes three distinct types of cognition-focused intervention for people with early-stage Alzheimer's disease: cognitive stimulation, cognitive training, and cognitive rehabilitation. Evidence for effectiveness of cognitive training is very weak, but both cognitive stimulation and cognitive rehabilitation hold promise, with cognitive rehabilitation approximating most closely to the parameters set out in the evaluation criteria. Therefore, this chapter argues that cognitive rehabilitation addressing individual, personally-relevant goals, assessed in terms of impact on disability, offers the most beneficial way forward.
Apparent Gifts
Authors: Chambers Robert
Published: April 2012

The presumptions of resulting trust and advancement are discussed in this chapter. The chapter is concerned with the conventional category of trusts which came about in favour of people who either gratuitously transfer property to others or provide the consideration for the transfer of property to others. This chapter identifies the facts which gave rise to the presumptions of the resulting trust or advancement, i.e the primary facts which must exist before the court will infer certain secondary facts regarding intention. It also examines the secondary facts being inferred, i.e. what the court is presuming when either of the two presumptions is applied. Further, the principles of resulting trusts, i.e. how the resulting trusts respond to the facts proven and presumed, are also investigated.
Trusts Which Fail
Authors: Chambers Robert
Published: April 2012

The dichotomy of ‘presumed’ and ‘automatic’ resulting trusts are illustrated in this chapter. It focuses on the resulting trust which arises when an express trust fails to dispose of all the property conveyed to the trustees. This chapter argues that the distinction between presumed and automatic resulting trusts is not adequately supported by Vandervell v. I.R.C. It contends that the intention to create an express trust is not a reasonable basis for distinguishing the two categories of resulting trust. It asserts that resulting trusts in both categories are dependent on whether the provider intended to benefit the recipient. Also, this chapter argues that the resulting trust, on the failure of an express trust, is not merely the failure to dispose of the surplus, but an active response to the fact that the settlor did not intend to benefit the trustee.
Restitution
Authors: Chambers Robert
Published: April 2012

Restitution is the label given to a variety of legal and equitable responses to unjust enrichment gained at the expense of another, which cause that enrichment to be given up to that other. This chapter demonstrates that resulting trust is one of those responses. It contends that resulting trusts are restitutionary because they arise by operation of law to cause a person who has received an enrichment at the expense of another, to give that enrichment up to that other. This chapter has two aims: to show that all resulting trusts affect restitution to the provider of what would otherwise be the unjust enrichment of the recipient and to identify the place of the resulting trust in the law of restitution. This chapter utilizes the taxonomy of the law of restitution developed by Professor Birks in An Introduction to the Law of Restitution.
First-Measure Liability
Authors: Chambers Robert
Published: April 2012

Considering whether resulting trustees are also personally liable to restitution of the value received is the subject of this chapter. It examines whether the personal claims for the value received by the trustee, which are ‘determined without reference to whether he still retains’ any of that value. The potential source of personal liability explored in this chapter is the receipt of property belonging in equity to another. Further, the chapter argues that a first-measure claim against a resulting trustee should be based on the value of the property when it is converted to his or her own use and benefit, rather than its value on initial receipt.
Fiduciary Obligations
Authors: Chambers Robert
Published: April 2012

Fiduciary obligations create liabilities which are not necessarily restitutionary. This chapter examines the resulting trustee's fiduciary obligations. It contends that fiduciary obligations associated with a resulting trust depend on the situation in which the trust arises. Further, the chapter also argues that the courts should not use the existence of the resulting trust as a basis for drawing adverse evidentiary presumptions against the trustee. The chapter begins with a discussion on the nature and extent of the resulting trustee's fiduciary obligations. Then, an examination of three potential consequences of those obligations namely, the liability for breach of trust, presumptions against a wrongdoer, and liability for compound interest, are presented.
Conclusion
Authors: Chambers Robert
Published: April 2012

This chapter begins with a brief summary of the discussions presented in the previous chapters. It then discusses the three areas affected by the understanding of the resulting trust put forward in this book: the classification of trusts, the availability of proprietary restitution, and the application of defences to restitutionary claims. The chapter attempts to locate the resulting trust within the law of trusts according to the events which give rise to them. Three main strategies proposed to control the spread of proprietary restitution namely, the proprietary base, the risk of insolvency, and the recipient's solvency, are explored to provide an understanding on the availability of proprietary restitution. Finally, the chapter claims that the successful integration of resulting trusts with other restitutionary responses depend, in part, on the proper application of the defences available to claims based on unjust enrichment.
The Political Economy of Regional Trade Agreements
Authors: Damro Chad
Published: April 2012

This chapter examines the current state and the political and economic aspects of regional trade agreements (RTA) and the World Trade Organization (WTO). It supports that notion that RTA can complement multilateral trade systems and the argument that they can function as a backbone for a liberalizing international trade system. It discusses the development of International Political Economy (IPE) scholarship on RTA and addresses the transition to new regionalism in the literature. It identifies the general political motivations that often inspire governments to pursue RTA and discusses the potential implications of these political motivations for WTO multilateralism.
Regional Trade Agreements and Domestic Regulation: What Reach for ‘Other Restrictive Regulations of Commerce’?
Authors: Mathis James H.
Published: April 2012

This chapter discusses the internal provisions of Article XXIV of the General Agreement on Tariffs and Trade (GATT) or the requirement for regional members to eliminate ‘other restrictive regulations of commerce’ (ORRC). It considers the definitional possibilities for this term as it may apply to the domestic regulations of RTA members and examines the textual context and the limited WTO Panel and Appellate Body treatment. It concludes that ORRC has a limited reach for domestic regulations and that the duty to eliminate other restrictive regulations of commerce only extends to domestic laws of an RTA member that offer less favourable treatment to products of another regional member.
Mandatory Abolition of Anti-dumping, Countervailing Duties and Safeguards in Customs Unions and Free Trade Areas Constituted between WTO Members: Revisiting a Long-standing Discussion in Light of the Appellate Body’sTurkey—TextilesRuling
Authors: Gobbi Estrella Angela T. , Horlick Gary N.
Published: April 2012

This chapter discusses the ruling of the World Trade Organization (WTO) Appellate Body on the Turkey-Textiles case concerning import restrictions on imports textile and clothing products. It suggests that this represents the Appellate Body's first foray into the controversial interpretative issues involving the provisions governing customs unions and free trade areas (FTA) in Article XXIV of the General Agreement on Tariffs and Trade (GATT). The ruling on the case provide meaningful guidance on whether section 8 of Article XXIV should be interpreted as mandating or allowing elimination of trade remedies in RTA.
Do Rules of Origin in Free Trade Agreements Comply with Article XXIV GATT?
Authors: Rivas José Antonio
Published: April 2012

This chapter examines whether rules of origin in free trade agreements (FTA) are in compliance with Article XXIV of the General Agreement on Tariffs and Trade (GATT). It argues that FTA rules of origin qualify as ‘other regulations of commerce’ (ORC) and should therefore satisfy the conditions for ORC set forth in Article XXIV. It discusses the distinction between rules of origin that are overly restrictive and neutral rules of origin which do not add an extra and unlawful layer of protection to the already permitted tariff differentials between the Most Favoured Nation (MFN) tariffs and the FTA tariffs.
International Agreements Covering Foreign Investment in Services: Patterns and Linkages
Authors: Ortino Federico , Sheppard Audley
Published: April 2012

This chapter examines patterns and linkages in international agreements that cover foreign investment in services. It considers the issue of coordination or the lack of it in many international agreements covering investment in services and analyses whether bilateral and regional economic integration agreements are consistent with the multilateral disciplines embodied in the General Agreement on Trade in Services (GATS). It contends that bilateral investment treaties (BIT) and free trade agreements (FTA) violate the Most Favoured Nation (MFN) obligation enshrined in Article II GATS and that such violation cannot be justified on the basis of the Economic Integration exception of Article V of GATS.
Sustainable Development in Regional Trade Agreements
Authors: Cordonier Segger Marie-Claire
Published: April 2012

This chapter examines the potential of regional trade agreements (RTA) to encourage sustainable development. It suggests that the explicit recognition of the objective of sustainable development in the preamble to a trade agreement has relevance in trade law, and can be used to interpret trade measures, shedding light, in particular, on the meaning of exceptions and other aspects of a trade agreement. It discusses several mechanisms for ensuring that trade agreements will promote sustainable developments that are currently being tested in the Americas.
Dispute Settlement in Bilateral Trade Agreements: The EFTA Experience
Authors: Ziegler Andreas R.
Published: April 2012

This chapter examines the European Free Trade Association (EFTA) experience in dealing with dispute settlement in bilateral trade agreements. The EFTA Convention is an example that shows the development of dispute settlement in international trade agreements over the last half-century. While the original Convention relied primarily on bilateral and multilateral consultations within the main organ of the Convention, it provided the possibility for the arrangement of an examining committee to make recommendations to the Council. The chapter compares the EFTA Convention with the World Trade Organization's (WTO) Dispute Settlement Understanding (DSU).
Overlaps and Conflicts of Jurisdiction between the World Trade Organization and Regional Trade Agreements
Authors: Kwak Kyung , Marceau Gabrielle
Published: April 2012

This chapter examines the jurisdictional conflicts and overlaps between the World Trade Organization (WTO) and regional trade agreements (RTA). It analyses the horizontal allocation of judicial jurisdiction between RTA and the WTO, as expressed in the dispute settlement provisions of each treaty. This chapter concludes that there appears to be no legal solution for a situation where two members are faced with two treaties that contain overlapping and potentially conflicting jurisdictions.
Applicability of WTO Law in Regional Trade Agreements: Identifying the Links
Authors: HSU Locknie
Published: April 2012

This chapter examines the interface between World Trade Organization (WTO) law and the large number of dispute settlement panels that can potentially exist under regional trade agreements (RTA). It argues that the interpretation of the North American Free Trade Agreement (NAFTA) and other RTA should subject to the principles of Articles 31 and 32 of the Vienna Convention on the Law of Treaties (VCLT). It explains that NAFTA and RTA panels are likely to seek guidance from WTO case law as a matter of practice in situations where the NAFTA or RTA directly incorporates WTO provisions.
A primer on probabilistic inference
Authors: Griffiths Thomas L. , Yuille Alan
Published: April 2012

This chapter provides the technical introduction to Bayesian methods. Probabilistic models of cognition are often referred to as Bayesian models, reflecting the central role that Bayesian inference plays in reasoning under uncertainty. It introduces the basic ideas of Bayesian inference and discusses how it can be used in different contexts. Probabilistic models provide a unique opportunity to develop a rational account of human cognition that combines statistical learning with structured representations. It recommends the EM algorithm and Markov chain Monte Carlo to estimate the parameters of models that incorporate latent variables, and to work with complicated probability distributions of the kind that often arise in Bayesian inference.
Framing effects and rationality
Authors: Sher Shlomi , McKenzie Craig R. M.
Published: April 2012

This chapter demonstrates how the pragmatics of natural language can explain many apparent biases of ‘framing’ in reasoning. It explains that the way in which a problem is expressed carries a great deal of information, e.g. about underlying beliefs and values — and that these influence reasoners in systematic ways, although the formulation of a problem has typically been viewed as irrelevant to its solution. Thus, many ‘framing effects’ may arise, in part, because of the inadequacy of normative models that ignore the crucial informational differences between frames.
The neurodynamics of choice, value-based decisions, and preference reversal
Authors: Usher Marius , Elhalal Anat , McClelland James L.
Published: April 2012

This chapter aims to review some of the neurocomputational work by contrasting the various processing assumptions and the way they account for one of the most intriguing patterns in the choice data: contextual preference-reversal. It introduces a very simple process model of choice, called the leaky competing accumulator (LCA) model, which has been developed to account for both perceptual and preferential choice data. It reviews some of the data on preference reversal, and on framing effects, which are the main targets of the neurocomputational theories. It discusses two such theories, the decision-field theory (DFT) developed by Busemeyer and colleagues and an extension of the LCA. It further examines some similarities and contrasts between the models that lead to a set of experimental predictions and present experimental data aimed at testing these predictions and consider their implications for the issue of rationality in choice.
On the Common Security and Defence Policy of the EU Constitutional Treaty
Authors: Trybus Martin
Published: April 2012

This chapter discusses the innovations regarding security and defence envisaged under the EU Constitutional Treaty. It examines the fundamental context of the envisaged Common Security and Defence Policy (CSDP). It also focuses on the three main aspects of the new policy, namely, crisis management, armaments policy, and collective defence.
EU Peacekeeping Operations: Legal and Theoretical Issues
Authors: Tsagourias Nicholas
Published: April 2012

This chapter explores the theoretical, political, and legal aspects of EU peacekeeping. It considers the application of international humanitarian and human rights law to EU peacekeeping forces, and examines the international responsibility of the European Union. It also considers the Union's evolving security and defence identity, and reflects on the Union's future direction in this area.
Extraterritorial Collective Security: The European Union and Operation ARTEMIS
Authors: Abass Ademola
Published: April 2012

This chapter examines the 2003 armed intervention by the European Union, in the conflict in the Democratic Republic of Congo (DRC). It discusses the various legal questions that arise from the EU's extension of its collective security regime beyond Europe, especially in respect of a conflict that did not, at least directly, concern any of its Member States. Considering that Operation ARTEMIS forms part of a much broader commitment by the EU to assist African states and organisations to deal with the various problems besieging their continent, this chapter ponders the wider implications of the cooperation between the European Union and African Union and attempts to understand how this might develop in the future.
The Anti-Terrorism Dimension of ESDP
Authors: Sossai Mirko
Published: April 2012

This chapter analyses the fight against terrorism in the framework of the Common Foreign and Security Policy (CFSP) and the possible role of the European Union as a regional organisation under international law. It investigates the following issues: first, the changes terrorism has made to the nature of European Security and Defence Policy (ESDP) against the background of the negotiations on the Treaty establishing a Constitution for Europe; second, the consistency of the EU military contribution to the fight against terrorism with general international law and the collective security system.