bluuebunny/crossref_metadata_2025 huggingface dataset:
Revisiting Retrograde Ventriculosinus Shunt as an Alternative for Treating Hydrocephalus in Children
Authors: Oliveira Matheus , Teixeira Manoel , Oliveira Marcelo , Shu Edson , Pinto Fernando
Published: June 2017

Introduction Retrograde ventriculosinus shunt (RVSS) is a useful option in the daily routine of neurosurgeons dealing with hydrodynamics. The objective of this manuscript is to review the main data about RVSS.

Methods We performed a critical review. The keywords used were hydrocephalus, shunt, venous sinus, ventriculosinus shunt, retrograde ventriculosinus shunt, and sagittal sinus. The search was performed in the Medline (Pubmed) and EMBASE databases.

Results Van Canneyt et al (2008) and Pinto et al (2016) performed experimental studies confirming the effectiveness of RVSS. El Shafei et al (1985, 1987, 2001) authors reported several cases treated with efficacy and few complications. Oliveira et al (2015, 2016) compared RVSS and ventriculoperitoneal shunt (VPS) in the treatment of hydrocephalus after myelomeningocele repair in infants, with similar functional results. Oliveira et al (2015, 2016) also described the applicability of RVSS in situations when VPS is not feasible, or when the peritoneum is not useful.

Discussion Retrograde ventriculosinus shunt is a safe and more physiological option, which requires the use of less prosthetic material. It is feasible and applicable. Especially in children, it generates a normotensive state after shunting, allowing centrifugal head growth, once there is no intracranial hypotension due to overdrainage, which may reflect in long-term better psychomotor development.

Conclusions The surgical technique of RVSS is feasible. The clinical results are comparable with those of the VPS.
Der endoprothetische Kiefergelenkersatz
Authors: Jung Susanne
Published: June 2017

Die Krankengeschichten vieler Patienten mit chronischen Kiefergelenkbeschwerden ähneln sich: eine langjährige Anamnese mit zahlreichen Therapieansätzen durch unterschiedlichste Behandler: medikamentöse Schmerztherapie, Krankengymnastik, Versuche mit verschiedenen Schienen, Gelenkspiegelungen und -spülungen – am Ende steht häufig der Hinweis, dass nun nichts mehr zu machen sei, der Patient müsse mit den Beschwerden und Funktionseinschränkungen eben leben. Der endoprothetische Gelenkersatz stellt für einen Teil dieser Patienten eine radikale, aber zuverlässige Therapieoption dar, die eine deutliche Schmerzreduktion und gute Funktion verspricht.
Die minimalinvasive Korrektur disharmonischer Gingivaverläufe – eine Fallpräsentation
Authors: Hehn Julia
Published: June 2017

Ästhetische Korrekturen im Frontzahnbereich erfordern eine harmonische Gestaltung der Rot-Weiß-Ästhetik. Hiefür ist neben einer Therapie der Zahnhartsubstanz die schonende Neugestaltung des Gingivaarkadenverlaufs entscheidend. Dieser Fallbericht stellt das Konzept der minimalinvasiven Kronenverlängerung dar. Mithilfe schallaktivierter Osteotomieansätze werden Asymmetrien der Gingiva ohne invasive Lappenbildung korrigiert und die Balance zwischen weißer und roter Ästhetik langfristig wiederhergestellt.
Qualitätskriterien in der Anwendung auf Beispiele guter Praxis in der Bewegungsförderung in
Deutschland
Authors: Henn A. , Karger C. , Wöhlken K. , Ungerer-Röhrich U. , Graf C. , Woll A.
Published: June 2017

Für die Aufrechterhaltung von Gesundheit ist ein gewisses Maß an körperlich-sportlicher Aktivität
notwendig und das Erfüllen bestimmter Bewegungsempfehlungen unabdingbar. In Deutschland existieren daher
bereits zahlreiche Maßnahmen zur Bewegungsförderung. Ziel des Beitrags ist, exemplarisch Projekte
vorzustellen, die als „Good-Practice“-Beispiele für die Zielgruppen „Kinder und Jugendliche“,
„Erwachsene“, „ältere Menschen“, „Menschen mit Vorerkrankungen“ genannt werden können. Die Auswahl
basiert auf der Erfüllung bestimmter Qualitätskriterien. Für jede Zielgruppe wird beispielhaft ein
Bewegungsförderungsprogramm näher erläutert.
Pure-rotational H2 thermometry by ultrabroadband coherent anti-Stokes Raman spectroscopy
Authors: Courtney Trevor L. , Bohlin Alexis , Patterson Brian D. , Kliewer Christopher J.
Published: June 2017

Coherent anti-Stokes Raman spectroscopy (CARS) is a sensitive technique for probing highly luminous flames in combustion applications to determine temperatures and species concentrations. CARS thermometry has been demonstrated for the vibrational Q-branch and pure-rotational S-branch of several small molecules. Practical advantages of pure-rotational CARS, such as multi-species detection, reduction of coherent line mixing and collisional narrowing even at high pressures, and the potential for more precise thermometry, have motivated experimental and theoretical advances in S-branch CARS of nitrogen (N2), for example, which is a dominant species in air-fed combustion processes. Although hydrogen (H2) is of interest given its prevalence as a reactant and product in many gas-phase reactions, laser bandwidth limitations have precluded the extension of CARS thermometry to the H2 S-branch. We demonstrate H2 thermometry using hybrid femtosecond/picosecond pure-rotational CARS, in which a broadband pump/Stokes pulse enables simultaneous excitation of the set of H2 S-branch transitions populated at flame temperatures over the spectral region of 0–2200 cm−1. We present a pure-rotational H2 CARS spectral model for data fitting and compare extracted temperatures to those from simultaneously collected N2 spectra in two systems of study: a heated flow and a diffusion flame on a Wolfhard-Parker slot burner. From 300 to 650 K in the heated flow, the H2 and N2 CARS extracted temperatures are, on average, within 2% of the set temperature. For flame measurements, the fitted H2 and N2 temperatures are, on average, within 5% of each other from 300 to 1600 K. Our results confirm the viability of pure-rotational H2 CARS thermometry for probing combustion reactions.
Effect of the diradical character on static polarizabilities and two-photon absorption cross sections: A closer look with spin-flip equation-of-motion coupled-cluster singles and doubles method
Authors: Nanda Kaushik D. , Krylov Anna I.
Published: June 2017

We present static polarizabilities and two-photon absorption (2PA) cross sections for the low-lying electronic states of prototypical diradicals such as benzynes and analogues of m-xylylene and p-quinodimethane computed with the spin-flip equation-of-motion coupled-cluster singles and doubles (EOM-SF-CCSD) method. The static polarizabilities were calculated as analytic second derivatives of the EOM energies, and the 2PA cross sections were calculated using the expectation-value approach. We explain the trends in the nonlinear responses of the SF target states by constructing few-states models based on truncated sum-over-states expressions for these nonlinear properties. By using a Huckel-type treatment of the frontier molecular orbitals that host the unpaired electrons, we rationalize the trends in the dipole interactions between the SF target states relevant in the few-states models. We demonstrate the correlation between the nonlinear responses of these electronic states and the diradical character.
Plane-wave pseudopotential implementation and performance of SCAN meta-GGA exchange-correlation functional for extended systems
Authors: Yao Yi , Kanai Yosuke
Published: June 2017

We present the implementation and performance of the strongly constrained and appropriately normed, SCAN, meta-GGA exchange-correlation (XC) approximation in the planewave-pseudopotential (PW-PP) formalism using the Troullier-Martins pseudopotential scheme. We studied its performance by applying the PW-PP implementation to several practical applications of interest in condensed matter sciences: (a) crystalline silicon and germanium, (b) martensitic phase transition energetics of phosphorene, and (c) a single water molecule physisorption on a graphene sheet. Given the much-improved accuracy over the GGA functionals and its relatively low computational cost compared to hybrid XC functionals, the SCAN functional is highly promising for various practical applications of density functional theory calculations for condensed matter systems. At same time, the SCAN meta-GGA functional appears to require more careful attention to numerical details. The meta-GGA functional shows more significant dependence on the fast Fourier transform grid, which is used for evaluating the XC potential in real space in the PW-PP formalism, than other more conventional GGA functionals do. Additionally, using pseudopotentials that are generated at a different/lower level of XC approximation could introduce noticeable errors in calculating some properties such as phase transition energetics.
Numerical and experimental characterization of a plasma induced on a solid target by an intense pulsed multi-MeV e-beam
Authors: Ribière M. , Maisonny R. , d'Almeida T.
Published: June 2017

We investigate the interaction of an intense pulsed multi MeV electron beam with a solid target on the ASTERIX high voltage generator using a set of numerical and experimental tools. Physical mechanisms occurring at various stages are examined, from electron beam dynamics to X-ray production, including plasma generation at the solid target surface. First, the electron beam characteristics are determined using 2D axisymmetric Particle-In-Cell calculations and a good agreement is found between calculated and measured current and voltage profiles. Calculated electron beam characteristics serve as an input to a 3D Monte-Carlo code in order to simulate the dose distribution within the solid target. The plasma produced at the target surface upon interaction with the electron beam is diagnosed and quantitatively characterized through UV-visible emission spectroscopy. Plasma species are identified and spectroscopy data are analyzed based on a 1D radiative transfer model, allowing electron density and temperature profiles to be inferred. Such combined numerical and experimental investigation is promising for gaining insight into physical mechanisms occurring upon the interaction between high energy electrons and solid targets.
Impact of laser anneal on NiPt silicide texture and chemical composition
Authors: Feautrier C. , Ozcan A. S. , Lavoie C. , Valery A. , Beneyton R. , Borowiak C. , Clément L. , Pofelski A. , Salem B.
Published: June 2017

We have combined synchrotron X-ray pole figure measurements and transmission electron microscopy (TEM) nano-beam diffraction to study the impact of millisecond laser anneal on the texture and microstructure of NiPt silicide thin films. The powerful use of nano-beam diffraction in plan-view geometry allows here for both a mapping of grain orientation and intra-grain measurements even if these crystalline grains become very small. With this unique combination of local and large-scale probes, we find that silicide formation on n and p doped substrates using laser annealing results in smaller grains compared with the films processed using standard rapid thermal annealing. The laser annealed samples also result in grains that are more epitaxially oriented with respect to the Si substrate. For n-type substrate, the film is dominated by (020) and (013) oriented fibers with significant levels of intra-grain bending (transrotation) observed in both types of grains. For p-type substrates, mostly epitaxially aligned grains are detected. TEM coupled with energy-dispersive X-ray analysis was also used to study the elemental distribution in the silicide samples. Here, we confirm that laser anneal leads to a larger accumulation of platinum at the silicide-substrate interface and modifies the distribution of dopants throughout the film.
A stable, power scaling, graphene-mode-locked all-fiber oscillator
Authors: Popa D. , Jiang Z. , Bonacchini G. E. , Zhao Z. , Lombardi L. , Torrisi F. , Ott A. K. , Lidorikis E. , Ferrari A. C.
Published: June 2017

We report power tunability in a fiber laser mode-locked with a solution-processed filtered graphene film on a fiber connector. ∼370 fs pulses are generated with output power continuously tunable from ∼4 up to ∼52 mW. This is a simple, low-cost, compact, portable, all-fiber ultrafast source for applications requiring environmentally stable, portable sources, such as imaging.
Numerical study of the effect of the needle tip radius on the characteristics of Trichel pulses in negative corona discharges
Authors: Zheng Yashuang , Wang Lijun , Wang Dan , Jia Shenli
Published: June 2017

This paper presents a numerical study of the impact of the needle tip radius on the electrical characteristics of Trichel pulses in negative corona discharges for a needle-plane configuration in atmospheric air. The radius of curvature of the needle tip varies from 20 μm to 45 μm. The first current pulse, subsequent pulse train is discussed here based on the distributions of charged species and electric field. Three species continuity equations along with Poisson's equation are solved by the hydrodynamic drift-diffusion approach, in which the role of photoionization is considered. The increasing needle tip radius reduces the peak of the first pulse significantly and delays the start of the first pulse, but almost keeps the duration of the first pulse constant. At the instant of the first pulse peak, both the magnitude of the charged species densities and the electric field decrease with the needle tip radius, and the electric field is strongly distorted by the space charge field. For the subsequent current pulses, the current magnitude is weakly related to the needle tip radius, whereas the pulse period is proportional to the needle tip radius. The increasing needle tip radius reduces the positive ion and electron densities but increases the negative ion density at the instant of the current pulse peak, which diminishes the difference of the electric field for different needle tip radii.
Microscopic experimental evidence of sublattice decoupling and negative magnetization in a spinel ferrite
Authors: Kumar Amit , Yusuf S. M.
Published: June 2017

We have observed the phenomenon of negative magnetization in spinel ferrites, CoCr2-xFexO4. The x = 0.15 compound lies in the interesting region of the composition (Fe) driven magnetic phase diagram as it shows two magnetic ordering temperatures along with a negative magnetization behavior. We have given a microscopic experimental proof of magnetic sublattice decoupling and temperature-induced negative magnetization using the neutron diffraction technique. The present study supports the Belov's hypothesis of a “weak” magnetic sublattice for an explanation of negative magnetization, where the “weak” octahedral sublattice deviates from the Brillouin function type behavior of sublattice magnetization as envisioned by Néel in his theory of ferrimagnetism. A physics concept for a possible application of such a negative magnetization phenomenon in spin transfer torque based magnetic random access memory has been outlined.
Dynamic phase response and amplitude-phase coupling of self-assembled semiconductor quantum dots
Authors: Lingnau Benjamin , Herzog Bastian , Kolarczik Mirco , Woggon Ulrike , Lüdge Kathy , Owschimikow Nina
Published: June 2017

The optical excitation of semiconductor gain media introduces both gain and refractive index changes, commonly referred to as amplitude-phase coupling. Quantum-confined structures with an energetically well separated carrier reservoir usually exhibit a decreased amplitude-phase coupling compared to bulk materials. However, its magnitude and definition is still controversially discussed. We investigate the fundamental processes influencing the amplitude-phase coupling in semiconductor quantum-dot media using a coupled-carrier rate-equation model. We are able to analyze the dependence on the electronic structure and suggest routes towards an optimization of the dynamic phase response of the gain material.
High-resolution analysis of the mechanical behavior of tissue
Authors: Hudnut Alexa W. , Armani Andrea M.
Published: June 2017

The mechanical behavior and properties of biomaterials, such as tissue, have been directly and indirectly connected to numerous malignant physiological states. For example, an increase in the Young's Modulus of tissue can be indicative of cancer. Due to the heterogeneity of biomaterials, it is extremely important to perform these measurements using whole or unprocessed tissue because the tissue matrix contains important information about the intercellular interactions and the structure. Thus, developing high-resolution approaches that can accurately measure the elasticity of unprocessed tissue samples is of great interest. Unfortunately, conventional elastography methods such as atomic force microscopy, compression testing, and ultrasound elastography either require sample processing or have poor resolution. In the present work, we demonstrate the characterization of unprocessed salmon muscle using an optical polarimetric elastography system. We compare the results of compression testing within different samples of salmon skeletal muscle with different numbers of collagen membranes to characterize differences in heterogeneity. Using the intrinsic collagen membranes as markers, we determine the resolution of the system when testing biomaterials. The device reproducibly measures the stiffness of the tissues at variable strains. By analyzing the amount of energy lost by the sample during compression, collagen membranes that are 500 μm in size are detected.
High capacitance density of 185 nF/mm2 achieved in three-dimensional MIM structures using TiO2 as a dielectric
Authors: Chaker A. , Gonon P. , Vallée C. , Bsiesy A.
Published: June 2017

In this paper, three-dimensional (3D) metal-insulator-metal (MIM) structures were obtained by atomic layer deposition of an aluminum doped TiO2 layer on a dense array of truncated conical holes etched in a silicon substrate. Different features of conical holes were fabricated in order to increase the developed area of the MIM structure. A capacitance density of nearly 185 nF/mm2 was obtained on an array of 19.2 μm deep holes with 5 and 10 μm bottom and top conical hole diameters, respectively. Interestingly, the increase in capacitance density scales with the developed area and no degradation of the electrical properties of the MIM structure has been observed. Indeed, the leakage current across the 3D MIM structures remains as small as in planar (2D) MIM structures.
Representing Chinese nationalism/patriotism through President Xi Jinping’s “Chinese Dream” Discourse
Authors: Wang Jiayu
Published: June 2017

This paper analyzes the Chinese nationalism or patriotism embodied in Xi Jinping’s “Chinese Dream” discourse. It first reviews the “typological tradition” of categorizing nationalism into different types, for instance, banal, hot and cultural nationalism. Xi Jinping’s “Chinese Dream” discourse goes beyond the explanation of these distinct types of nationalism. Instead, it embodies a “hybrid” type of nationalism/patriotism that is at once banal, state, cultural, and “de-banalized”. This study adopts a dialectical-relational perspective by viewing the “Chinese Dream” discourse as representations of social practices through which politicians utilize a wide range of discursive resources including thematic, evaluative and cultural representations to evoke the imagination of a common identity in support of their governance. Through the analysis, this study advocates a holistic view of nationalism in real political practices; it also focuses on how nationalism is evoked and propagated through the integration of various discursive resources embodying a hybrid type of nationalism.
Discourse theory in populism research
Authors: Stavrakakis Yannis
Published: June 2017

‘Populism’ constitutes one of the most hotly debated topics in contemporary politics and academia. The concept is used to describe a series of heterogeneous phenomena: on the one hand, Donald Trump, BREXIT supporters and the European Far Right in government or in opposition; on the other, Bernie Sanders, the so-called Pink Tide of left-wing populist governments in Latin America and inclusionary populisms in the European South. Recent developments have undoubtedly generated significant research material and a new impetus to the scope and impact of populism research. However, major challenges have also been created, requiring urgent attention. This paper discusses three such challenges (reflexivity, definition, typology) from a discursive perspective. Starting from a double hermeneutic focus on the interaction between academic theorization and political orientation, it highlights the importance of discourse theory in populism research and concludes by formulating a crucial theoretico-political dilemma populism researchers are increasingly facing today.
Electrophysiological and experimental-behavioral approaches to the study of intra-sentential code-switching
Authors: van Hell Janet G. , Fernandez Carla B. , Kootstra Gerrit Jan , Litcofsky Kaitlyn A. , Ting Caitlin Y.
Published: June 2017

A hallmark of bilingual language processing is intra-sentential code-switching. An emergent body of research seeks to understand the intricate neural and cognitive mechanisms that underlie this seemingly effortless skill. In this paper, we discuss electrophysiological and experimental-behavioral research approaches that have been used to study intra-sentential code-switching, and illustrate the use of these techniques by discussing a select number of empirical studies. More specifically, we discuss electrophysiological approaches that are used to study the comprehension of visually and auditorily presented code-switched sentences, including the Event-Related brain Potentials (ERPs) method, time-frequency analysis, and approaches to study inter-individual variation in electrophysiological response profiles. This is followed by a discussion of experimental-behavioral techniques to study the comprehension and production of code-switched sentences, including self-paced reading, shadowing, and confederate scripting.
Substance use Education in US Schools of Pharmacy: A Systematic Review of the Literature
Authors: Muzyk Andrew J. , Peedin Emily , Lipetzky Juliana , Parker Haley , McEachern Mark P. , Thomas Kelan
Published: June 2017

Background

The authors sought to systematically review the quantity and quality of literature describing substance use disorders (SUDs) education in US schools of pharmacy and determine the effectiveness of the educational interventions employed.

Methods

The authors conducted a systematic review of SUDs education studies in US pharmacy schools. All literature database searches were performed on April 30, 2016, in 5 databases: Ovid MEDLINE, Ovid MEDLINE In-Process & Other Non-Indexed Citations, Embase.com , ERIC via FirstSearch, and CINAHL via EBSCOhost. The study authors conducted this systematic review according to the Preferred Reporting Items for Systemic Reviews and Meta-analyses guidelines and registered it with PROSPERO, which is an international prospective register of systematic reviews. The PROSPERO registration number is CRD42016037443. The study authors created a modified data extraction sheet based on the Best Evidence in Medical Education coding sheet. A Medical Education Research Study Quality Instrument (MERSQI) score was calculated for included articles.

Results

From the 1626 retrieved records, 7 were included in the present review. The studies assessed students’ impressions and abilities regarding SUDs pre- and post-intervention. The mean ± SD MERSQI score of the 7 studies was 9.86 ± 1.21 (range: 8–11.5). The included articles assessed pharmacy students at various academic years, with the majority students in either their first or second year of pharmacy school, and described both required and elective courses. The educational interventions varied in design and outcomes measured. Education included nicotine, alcoholism, and SUDs in general. None of the included articles reported on education regarding opioid use disorders. 

Conclusions

The studies included in this systematic review demonstrate that teaching pharmacy students about SUDs produces a positive impact in their attitudes and knowledge on this subject.
Polarity of varicosity initiation in central neuron mechanosensation
Authors: Gu Yuanzheng , Jukkola Peter , Wang Qian , Esparza Thomas , Zhao Yi , Brody David , Gu Chen
Published: June 2017

Little is known about mechanical regulation of morphological and functional polarity of central neurons. In this study, we report that mechanical stress specifically induces varicosities in the axons but not the dendrites of central neurons by activating TRPV4, a Ca2+/Na+-permeable mechanosensitive channel. This process is unexpectedly rapid and reversible, consistent with the formation of axonal varicosities in vivo induced by mechanical impact in a mouse model of mild traumatic brain injury. In contrast, prolonged stimulation of glutamate receptors induces varicosities in dendrites but not in axons. We further show that axonal varicosities are induced by persistent Ca2+ increase, disassembled microtubules (MTs), and subsequently reversible disruption of axonal transport, and are regulated by stable tubulin-only polypeptide, an MT-associated protein. Finally, axonal varicosity initiation can trigger action potentials to antidromically propagate to the soma in retrograde signaling. Therefore, our study demonstrates a new feature of neuronal polarity: axons and dendrites preferentially respond to physical and chemical stresses, respectively.
mTORC in β cells: more Than Only Recognizing Comestibles
Authors: Maedler Kathrin , Ardestani Amin
Published: June 2017

The pathways regulating pancreatic β cell survival in diabetes are poorly understood. Here, Chau et al. (2017. J. Cell Biol. https://doi.org/10.1083/jcb.201701085) demonstrate that mTOR regulates the apoptotic machinery through binding to the ChREBP–Mlx complex to suppress TXNIP, thereby protecting pancreatic β cells in the diabetic setting by inhibiting oxidative stress and mitochondrial dysfunction.
Na/K pump inactivation, subsarcolemmal Na measurements, and cytoplasmic ion turnover kinetics contradict restricted Na spaces in murine cardiac myocytes
Authors: Lu Fang-Min , Hilgemann Donald W.
Published: June 2017

Decades ago, it was proposed that Na transport in cardiac myocytes is modulated by large changes in cytoplasmic Na concentration within restricted subsarcolemmal spaces. Here, we probe this hypothesis for Na/K pumps by generating constitutive transsarcolemmal Na flux with the Na channel opener veratridine in whole-cell patch-clamp recordings. Using 25 mM Na in the patch pipette, pump currents decay strongly during continuous activation by extracellular K (τ, ∼2 s). In contradiction to depletion hypotheses, the decay becomes stronger when pump currents are decreased by hyperpolarization. Na channel currents are nearly unchanged by pump activity in these conditions, and conversely, continuous Na currents up to 0.5 nA in magnitude have negligible effects on pump currents. These outcomes are even more pronounced using 50 mM Li as a cytoplasmic Na congener. Thus, the Na/K pump current decay reflects mostly an inactivation mechanism that immobilizes Na/K pump charge movements, not cytoplasmic Na depletion. When channel currents are increased beyond 1 nA, models with unrestricted subsarcolemmal diffusion accurately predict current decay (τ ∼15 s) and reversal potential shifts observed for Na, Li, and K currents through Na channels opened by veratridine, as well as for Na, K, Cs, Li, and Cl currents recorded in nystatin-permeabilized myocytes. Ion concentrations in the pipette tip (i.e., access conductance) track without appreciable delay the current changes caused by sarcolemmal ion flux. Importantly, cytoplasmic mixing volumes, calculated from current decay kinetics, increase and decrease as expected with osmolarity changes (τ >30 s). Na/K pump current run-down over 20 min reflects a failure of pumps to recover from inactivation. Simulations reveal that pump inactivation coupled with Na-activated recovery enhances the rapidity and effectivity of Na homeostasis in cardiac myocytes. In conclusion, an autoregulatory mechanism enhances cardiac Na/K pump activity when cytoplasmic Na rises and suppresses pump activity when cytoplasmic Na declines.
Ch.2 Place and Format of Council Proceedings
Authors: Loraine Sievers , Sam Daws
Published: June 2017

This chapter discusses the format and venue of Security Council meetings. The Charter holds that the Security Council should be organized so that a meeting could be convened at any time. This was partly because meetings were the format for action-taking by the Council of the League of Nations, and this was expected to be the case for the UN Security Council at the time the Charter was drafted. In addition, it was decided that the Council must hold periodic meetings at which each of its members may be represented, and that the meetings may be held at venues other than the seat of the Council, should the venue chosen prove useful in facilitating the Council's work.
Ch.3 The People
Authors: Loraine Sievers , Sam Daws
Published: June 2017

This chapter defines the members eligible for participation in the Security Council, as well as the roles of the persons presiding therein. Notably, the UN Charter stated that the United Nations places no restrictions on the eligibility of men and women to participate in its work, though it would be over twenty years since the Charter's inception before a woman was appointed into the Council. The chapter goes on to define the role of each member in the context of Council meetings, and emphasises the potential of a diverse membership contributing unique ideas and perspectives to the decision-making process.
Ch.5 Conduct of Meetings and Participation
Authors: Loraine Sievers , Sam Daws
Published: June 2017

This chapter examines the conduct of meetings of the Council, and participation in those meetings, as governed by both written and unwritten procedures. The procedures set out in the Charter and the Provisional Rules of Procedure for the conduct of meetings are not comprehensive. Thus practice and precedent are also relevant in determining the procedure to be followed. Many of the governing practices were largely worked out in the first decades of the Council's existence, and now mainly require only slight modifications or adjustments. However, questions relating to the participation in meetings of non-Council Member States and of individuals, as well as the order in which they and the Council members speak at meetings, are still active issues for which practice continues to evolve.
Ch.8 Subsidiary Bodies
Authors: Loraine Sievers , Sam Daws
Published: June 2017

This chapter explores the subsidiary organs of the Security Council, which commonly refer to the Council's sanctions committees, counter-terrorism committees, and working groups. Another interpretation includes peacekeeping operations, tribunals, commissions, special representatives, good offices missions, an ombudsperson, sanctions monitoring groups, and other individuals or groups requested to perform specified tasks. A subsidiary organ of the Security Council (also known as a subsidiary body) can conduct its operations at UN Headquarters or in the field. Some subsidiary organs have been given tasks of short duration, whereas others have a long-term existence, and still others are activated only when there is work to be done. Some subsidiary bodies, such as sanctions committees, are composed of representatives of some or all members of the Council, whereas others, such as tribunals, may have an entirely separate composition.
II Constitutional Jurisprudence, 7 National Constitutional Adjudication in the European Space
Authors: Vittoria Barsotti , Paolo G Carozza , Marta Cartabia , Andrea Simoncini
Published: June 2017

This chapter traces the development of the Constitutional Court’s relationship to the European transnational space, specifically the European Union and the European Convention on Human Rights. It is a fascinating study in how the interactions between the three different but interrelated legal orders have generated what could be called a multilevel constitutional system—one that does not work on a hierarchically ordered scale, but that instead opens up the possibility of shaping a sort of European common law of constitutionalism. The importance of this topic is very apparent, not only for the rest of Europe, but even more for other constitutional courts needing to address their national legal systems’ relationships with supranational legal norms and institutions.
Part Two Rights, 5 Freedom of Speech and Freedom of Religion
Authors: Manuel José Cepeda Espinosa , David Landau
Published: June 2017

This chapter considers the Court’s jurisprudence on the freedom of speech and religion. The Court’s work on the freedom of speech examines familiar conflicts—such as between speech and public order, or speech and the privacy of reputation of others—but in an unfamiliar context where the Court has often had to contend with the implications of the country’s internal armed conflict. Thus, for example, the Court has had to weigh the damage that might be done by publishing the statements of illegal armed groups and the effect of statements linking public officials with those groups. The Court’s jurisprudence on freedom of religion had sought to recognize plurality in a climate where Catholicism has historically dominated public and private life. This chapter considers both the Court’s jurisprudence striking down core provisions of the Concordat treaty with Rome, and its recognition of the right of conscientious objection from military service.
An Introduction to the General Principles of Law and International Due Process
Authors: Kotuby Jr Charles T , Sobota Luke A
Published: June 2017

This chapter discusses the history and genesis of general principles of law and norms of international due process in international law, and the practical application of these principles and norms in various national and international fora. The identification of general principles is one of both discernment and distillation—honing the principles underlying legal rules that are common to the majority of legal systems around the world. Once properly identified, general principles help regulate inter-state relations, define the treatment due to foreign investors under investment treaties, and guide the choice of law before municipal courts. They assist in the proper interpretation of both treaties and internation contracts. There are similarly general and universal procedural principles that form the concept of international due process. These baseline norms are referenced when deciding when a judgment or award deserves recognition abroad or, conversely, condemnation as a denial of justice.
Modern Applications of the Principles of International Due Process
Authors: Kotuby Jr Charles T , Sobota Luke A
Published: June 2017

This chapter examines the general principles of international due process common to all systems of law. A party must have notice of the proceeding and an opportunity to be heard. The court or tribunal deciding the case must have jurisdiction, be independent and impartial, and treat the parties equally. It may not decide the case based on bribery or other external factors, nor may it countenance fraudulent conduct before it. Each party has the burden of proving its own proffered facts during the case, and the decision at the end of the process should be final (res judicata). These are the essential norms that govern the work of every adjudicative body. They ensure the fundamental promise of all judicial proceedings: the settlement of a dispute by an independent authority in a manner that is fair to the parties and premised on impartial application of the law to the facts.
3 The Effect of Certification
Authors: F A Mann
Published: June 2017

The information which Her Majesty's Government provides, usually in answer to an inquiry by the court, is given by a certificate which in terse formulations sets forth the Government's conclusions, but does not give reasons or explain the process which had led the Government to its conclusions. Correspondence which precedes the actual certificate and which may foreshadow its contents may throw light on the certificate, but is no substitute for it. A certificate once granted is binding or conclusive in the sense that no evidence gainsaying it is admissible. However, the certificate is also exclusive in the sense that, where facts of State have to be ascertained, the information requested from and given by the Executive is the only permitted source of establishing the facts. While the Executive's certificate is conclusive and exclusive on questions of fact only, it remains subject to legitimate interpretation by the judiciary.
4 Justiciability
Authors: F A Mann
Published: June 2017

An issue is justiciable if it is capable of being tried according to law. In so far as foreign relations in England are concerned, this means that justiciability is lacking only where issues come within the exclusive province of the Executive and its prerogative. In assessing the English law and practice relating to the problem of justiciability it is important to realise that there are numerous cases which, if there were no practice relating to the executive certificate, would clearly be non-justiciable, that, in other words, they become justiciable by virtue of that practice. Problems of non-justiciability in foreign affairs can arise only in a few connections. These include non-interference with the conduct of foreign policy, enforcing treaty rights by a party against a party, enforcing treaty rights against a Crown servant, and enforcing claims by a third party beneficiary against the Crown.
5 Treaties
Authors: F A Mann
Published: June 2017

By the law of the United Kingdom the conclusion of a treaty at all its stages is a matter of the prerogative, so that the Executive alone, that is Her Majesty the Queen on the advice of the Prime Minister, a Minister of the Crown, an Ambassador, or other officials have the power to conclude, that is to sign and ratify it, and thus to bind the United Kingdom in the sense of international law, though by the so-called Ponsonby rule, as a matter of constitutional convention, the Executive will not normally ratify a treaty until twenty-one parliamentary days after the treaty has been laid before both Houses of Parliament. In order to be unquestionably cognizable by an English court a treaty has to be the object of the established legislative process, that is to say, it has to have the sanction of a statute passed by Parliament.
Purposes, legal nature, and scope of the PICC; applicability by courts; use of the PICC for the purpose of interpretation and supplementation and as a model
Authors: Michaels Ralf
Published: June 2017

This commentary focuses on Preamble I of the UNIDROIT Principles of International Commercial Contracts (PICC). In particular, it discusses the purposes, legal nature, and scope of the PICC as a restatement, as a model, as effective law, and as a background law. It also explains the applicability of the PICC by courts, focusing on the function of paragraphs 2–4 of the Preamble; applicability as law chosen by the parties; the PICC as general principles of law or lex mercatoria; applicability without a choice by the parties; and application where choice of law rules do not yield results. Preamble I also addresses the use of the PICC for purposes of contractual interpretation and supplementation and as a model for legislation, contract drafting, mediation and conciliation, and legal education.
Introduction to Chapter 1 of the PICC
Authors: Vogenauer Stefan
Published: June 2017

This chapter contains three groups of ‘general provisions’ of the UNIDROIT Principles of International Commercial Contracts (PICC). The first group deals with fundamental principles of contract law, including freedom of contract, freedom from formal requirements, the bindingness of contract, good faith and fair dealing, and the so-called ‘prohibition of inconsistent behaviour’. The second group of provisions addresses the role and function of mandatory rules and the third group deals with the application of the PICC, focusing on general guidelines for the interpretation of the various articles of the instrument; specific key terms that are used throughout the following Chapters of the PICC such as ‘court’, ‘place of business’, ‘obligor’, ‘obligee’, and ‘writing’; the role of usages and practices established between the parties; and rules for certain scenarios that may arise in various contexts if the PICC apply.
Authors: Nottage Luke
Published: June 2017

Identifying an ‘offer’ is usually the first step in the traditional scheme for establishing that a contract has been concluded. This commentary focuses on Article 2.1.2 of the UNIDROIT Principles of International Commercial Contracts (PICC), which requires a proposal that is ‘sufficiently definite’ and ‘indicates the intention of the offeror to be bound upon acceptance’. These two requirements parallel those set out in Art 2.1.1 with respect to conduct of the parties ‘sufficient to show agreement’ in situations outside the usual offer-and-acceptance framework of negotiations. Arguably, however, ‘Art 2.1.14 shows that sufficient definiteness is merely accessory to the parties' intention to be bound’; the latter will be given effect unless indefiniteness reaches ‘the point where construction becomes impossible’. Art 2.1.2 addresses the intention to be bound in public proposals, tenders, quotes, letters of intent or comfort.
Authors: Nottage Luke
Published: June 2017

This commentary focuses on Article 2.1.5 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the rejection of an offer. Art 2.1.5 stipulates that an offer is terminated when a rejection reaches the offeror. Even if the offer has become effective (without being withdrawn, under Art 2.1.3) and remains so (without being revoked, under Art 2.1.4), it can he terminated upon the rejection of the offeree reaching the sphere of control of the offeror (Art 1.10). This principle is consistent with a (neo)classical approach to contract law that seeks to preserve the freedom not to be drawn readily into contracts, and is widely accepted across national legal systems. Art 2.1.5 explains termination of an offer by explicit or implied rejection and termination of offer by other means.
Authors: Anderson Ross G
Published: June 2017

This commentary focuses on Article 2.1.9 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning late acceptance and delayed transmission of an acceptance. Art 2.1.9 stipulates that a late acceptance is nevertheless effective as an acceptance if without undue delay the offeror so informs the offeree or gives notice to that effect. If a communication containing such a late acceptance shows that it has been sent in such circumstances that if its transmission had been normal it would have reached the offeror in due time, the late acceptance is effective as an acceptance unless, without undue delay, the offeror informs the offeree that it considers the offer as having lapsed. Art 2.1.9 also addresses the burden of proof with respect to lateness attributable to offeree and delays in transmission.
Authors: Anderson Ross G
Published: June 2017

This commentary focuses on Article 2.1.10 of the UNIDROIT Principles of International Commercial Contracts (PICC), which stipulates that acceptance of an offer may be withdrawn if the withdrawal reaches the offeror before or at the same time as the acceptance would have become effective. Rejection of an offer causes an offer to lapse (at least as regards the offeree who has rejected). Withdrawal of an acceptance, in contrast, has no effect, in principle, on the offer. The effect of the withdrawal on the original offer must, in any case, be a matter of construction of the offer, the withdrawal, and the surrounding circumstances. Art 2.1.6(2) provides that acceptance becomes effective only when it reaches the offeror. Art 2.1.10 provides for acceptances what Art 2.1.3 provides for the withdrawal of offers.
Authors: Krebs Thomas
Published: June 2017

This commentary focuses on Article 2.2.4 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning undisclosed agency. The doctrine of the undisclosed principal allows an intermediary to bring about direct contractual relations between the principal and a third party, even though the intermediary appears to be acting in its own name alone. The doctrine offers a way in which a party wishing to buy or sell in the market can do so without appearing itself in the transaction. This doctrine was excluded altogether from the PICC, as it was seen as ‘inappropriate in the context of international contracting’. This commentary discusses the practical consequences of (attempted) undisclosed agency, enterprise liability arising from undisclosed agency, and the burden of proof relating to undisclosed agency.
Authors: Krebs Thomas
Published: June 2017

This commentary focuses on Article 2.2.6 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the liability of an agent acting without or exceeding its authority. Art 2.2.6 stipulates that an agent that acts without authority or exceeds its authority is, failing ratification by the principal, liable for damages that will place the third party in the same position as if the agent had acted with authority and not exceeded its authority. However, the agent is not liable if the third party knew or ought to have known that the agent had no authority or was exceeding its authority. This commentary discusses the extent of a false agent's liability, the third party's knowledge of agent's lack of authority, and the burden of proof required in this regard.
Authors: Krebs Thomas
Published: June 2017

This commentary focuses on Article 2.2.7 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning conflict of interests. Art 2.2.7 stipulates that if a contract concluded by an agent involves the agent in a conflict of interests with the principal of which the third party knew or ought to have known, the principal may avoid the contract. However, the principal may not avoid the contract if the principal had consented to, or knew or ought to have known of, the agent's involvement in the conflict of interests; or if the agent had disclosed the conflict of interests to the principal and the latter had not objected within a reasonable time. It is for the principal to show both the existence of the conflict of interests and that the third parry knew or ought to have known about it. Once the principal has discharged that burden of proof, it is then for the third party to establish that the principal consented to, knew of, or ought to have known of the conflict.
Authors: Krebs Thomas
Published: June 2017

This commentary focuses on Article 2.2.10 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning termination of an agent's authority. Art 2.2.10 stipulates that termination of authority is not effective in relation to the third party unless the third party knew or ought to have known of it. Notwithstanding the termination of its authority, an agent remains authorised to perform the acts that are necessary to prevent harm to the principal's interests. This commentary discusses the grounds for termination of authority, termination of apparent authority vs actual authority, authority of necessity, and burden of proof with respect to termination of authority.
Authors: Huber Peter
Published: June 2017

This commentary focuses on Article 3.2.17 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning unilateral declarations. Art 3.2.17 states that Chapter 3 of the PICC not only applies to the formation of the contract strictu sensu (that is, offer and acceptance), but also to any communication of intention that one party addresses to the other party. Such communications of intention may be made before or after the conclusion of the contract. Examples for the first group of communications are, according to the Official Comment, bids for investment or bids for work, for the delivery of goods, or for the provision of services. Examples for the latter group are notices, declarations, demands, or requests of any type.