bluuebunny/crossref_metadata_2025 huggingface dataset:
4 The Administrative State in America
Authors: William J Novak
Published: January 2018

This chapter examines the idea of the Continental State in a common-law context, by focusing in particular on the American state. Building on some very recent historical and theoretical work on the American state, the chapter explores the conscious effort of the United States to create a modern state based loosely on the Continental model. It argues that American ideas and institutions were not created in isolation. Rather, from the beginning, American intellectuals, jurists, and state reformers engaged in an extended trans-Atlantic dialogue concerning matters of politics, law, and statecraft. This was especially true of the period that experienced the most extensive transformations in American governance and statecraft — the late nineteenth and early twentieth centuries. Accordingly, this chapter takes a close look at the American tradition of law and state building in this formative era — from 1866 to 1932.
6 Evolution and Gestalt of the French State
Authors: Jean-Bernard Auby , Marcel Morabito
Published: January 2018

This chapter provides an overview of the historical developments of administrative law in France. It first describes the bases of the French model, before considering the initial implantation of administrative law and the establishment of the ‘classical’ French administrative law. French administrative law reached its apex around 1900, that is, it acquired its main characteristics — to which it remains largely faithful — in the early twentieth century. This was the outcome of progressive evolution in which the continued affirmation of what can be called an ‘administrative state’ and the definite installation of distinct administrative courts with specific proceedings made a strong impact. Finally, to conclude, the chapter turns to a discussion on contemporary evolutions in France.
9 Evolution and Gestalt of the Hungarian State
Authors: Herbert Küpper
Published: January 2018

This chapter examines the history of state, administration, and administrative law in Hungary. It argues that the development of the Hungarian state, as well as its administration and administrative law, was not organic. Deep ruptures divides this history into three epochs: the bourgeois phase (1867–1949), the socialist phase (1949–1989), and the phase of deconstructing the socialist system until the beginning of Europeanization (1989 until the end of the 1990s). Each epoch brought about a change of paradigm, and each epoch resulted in fundamental changes. Yet, despite periods of radical change, there were times of uninterrupted tradition as well, as the chapter shows.
17 The Transformation of the Administrative State and Administrative Law
Authors: Jean-Bernard Auby
Published: January 2018

This chapter investigates four lines of transformation and the impact they have had — and still have — on European administrative laws. These are the evolutionary trends regarding the relationship between the public sphere and society, between public spaces and private ones, between the state and the market, and, finally, between the international and the domestic sphere. The chapter first considers how the administrative state and related orders of administrative law came into being in Europe. It then questions the factors and the main lines of transformation in contemporary evolutions, before considering the impact these evolutions have on the intellectual paradigms that are applied in administrative laws' theorization. Finally, the chapter addresses the future of the main models of administrative law.
18 Europeanization of Public Law
Authors: Michal Bobek
Published: January 2018

This chapter introduces the notion of the Europeanization of public law and its various perceptions in legal scholarship and research. It begins by outlining the different ways in which the notion of Europeanization may be understood and conceptualized. It then critically examines the empirical, top-down study of Europeanization, before moving on to the complex picture of the traffic in legal solutions and ideas in Europe today. The chapter then turns to a different approach towards Europeanization: from the empirical to a normative and constructive vision of what European public law ought to become, and in addition stressing the importance of comparative legal scholarship for such a vision of European public law. Finally, the chapter outlines the vexing issues arising out of the condensed and massive case study in Europeanization in the form of the Eastern enlargement of the EU, and provides some concluding remarks.
Part II Jurisdiction, 9 Multiple Parties and Multiple Claims
Authors: Trevor C Hartley
Published: January 2018

This chapter is concerned with the jurisdictional problems caused by the existence of multiple parties or multiple claims in the same proceedings. Article 8 of Brussels 2012 and Article 6 of Lugano 2007 deal with these matters. These provisions focus on special jurisdiction in that they apply only where a defendant domiciled in one Member State is sued in another Member State. The discussions cover rules on multiple claimants, multiple defendants, third-party proceedings, multiple claims, counterclaims, set-off, and claims relating to contract and immovable property. These rules are all subject to an exception where the courts of another Member State have exclusive jurisdiction under an exclusive choice-of-court agreement or under Brussels 2012, Article 24 (Lugano 2007, Article 22). There are also exceptions in the case of protective jurisdiction (Brussels 2012, Articles 10–22 and Lugano 2007, Articles 8–21.
Principles and Policies
Authors: McMeel Gerard
Published: January 2018

This chapter provides an outline of the principles and policies of construction. It also summarises the main topics to be discussed in this volume; such as the evolution of the principles of construction, interpretation, leading decisions, and so on. Ascertaining the meaning and effect of the language of contracts and other documents, the chapter shows, constitutes a central concern of private law and is of great significance to commercial and financial transactions. Construction generally involves identifying in a document a rule for future cooperative behaviour from the language of the instrument, and then applying that rule to subsequent facts or situations. As such, issues concerning construction represent an unavoidable source of potential dispute.
Comparative and Theoretical Perspectives
Authors: McMeel Gerard
Published: January 2018

This chapter first considers civil law jurisdictions and various international legal instruments and their approach to the construction of contracts. In particular, the chapter focuses on the objective/subjective debate and the admissible evidence. It then looks at the international restatements of contract law, which are committed to a subjective theory of contract, such as is found in civil law countries. Next, the chapter considers a more theoretical perspective in the topic of contractual interpretation, and introduces the relevant literature to that effect. Such wider perspectives have been a source of recent developments—and may continue to be the source of future developments—in this field.
The Objective Principle of Construction
Authors: McMeel Gerard
Published: January 2018

This chapter presents an objective approach to the enforcement of contracts. This approach is based on the reasonable expectation of the community in general, and individual contractors in particular, that promisors will perform in accordance with their undertakings. The justifiable reliance of the recipients of promises on the apparent meaning of the words used thus requires protection. This in turn favours an objective approach, which concentrates on the question of how the promisor manifested its intentions. The issue is not what the promisor meant to say or write, but what the promisor said or wrote. English law is firmly committed to this particular approach.
Presumptions
Authors: McMeel Gerard
Published: January 2018

This chapter discusses statutory and common law presumptions. It first considers two statutory presumptions: the Law of Property Act 1925 and the Interpretation Act 1978. The chapter then shifts the analysis to several common law presumptions. First, it discusses the presumption that a contracting party cannot take advantage of its own wrong. Next, the chapter turns to the presumption that clear words are required to exclude or modify remedies that arise by operation of law. Finally, this chapter discusses further types of common law presumptions: the presumption of legality, the presumption against impossibility, the presumption of technical legal usage in documents drafted by lawyers, and the presumption in favour of one-stop dispute-resolution.
Technical and Legal Language
Authors: McMeel Gerard
Published: January 2018

This chapter describes the use of language in interpretation. In traditional accounts, primary effect was given to the ‘plain’ or ‘ordinary’ meaning of words. However, where appropriate—in order to reflect the intentions of the parties—regard would be paid to a specialist or technical meaning of particular words. Legal meanings in particular may be significant in documents intended to have legal effect. Accordingly the chapter shows that context can always override technical meaning, and substitute a conventional or other meaning. However, this chapter mainly focuses on the approaches used for legal language; scientific, technical, and specialist language; and foreign languages.
Exemption Clauses and Unfair Contract Terms
Authors: McMeel Gerard
Published: January 2018

This chapter focuses on exemption clauses. Particular attention is placed on the detailed rules of construction still applicable to exemption clauses. Moreover, the chapter considers the statutory interventions in this field in the shape of the Unfair Contract Terms Act 1977 and Part 2 of the Consumer Rights Act 2015 (superseding the Unfair Terms in Consumer Contracts Regulations 1999). Since these statutory interventions there has been a marked tendency to construe exemption clauses in commercial agreements in a more realistic way. This is especially prevalent where the parties are of relatively equal bargaining power and where the clause is perceived as giving effect to a sensible allocation of risk.
Change of Circumstances and ‘ Force Majeure ’ Clauses
Authors: McMeel Gerard
Published: January 2018

This chapter looks at regimes for change of circumstances and other future events which have an impact on performance. These are universally known as force majeure provisions. Such clauses opt out of the narrow and uncertain scope of the common law doctrine of frustration. They avoid the common law rule that any element of choice or election as to which contracts to perform is incompatible with frustration. The parties can design their own remedial scheme, including suspension of performance (if appropriate) as well as complete relief from the obligation to perform. Furthermore, they can make appropriate adjustments to the parties' liabilities and circumvent the arcane regime of the Law Reform (Frustrated Contracts) Act 1943.
Payment, Agreed Damages, and Acceleration Clauses
Authors: McMeel Gerard
Published: January 2018

This chapter discusses payment, liquidated damages, minimum payment, and accelerated payment clauses. It first gives a brief introduction to payment clauses and their construction, before turning to liquidated damages clauses. For the latter, the chapter introduces the clause with a set of propositions delivered during the Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd case. Next, the chapter turns to minimum payment clauses. These clauses are a feature of many hire-purchase arrangements and are subject to the new legitimate interest test. Acceleration clauses, meanwhile, are particularly common in asset finance arrangements and commercial lending. Such clauses often work in tandem with express termination clauses, and appear to have become more common in the wake of the restrictive common law approach to damages resulting from the exercise of an express termination provision.
Passing of Property and Risk
Authors: Bridge M G
Published: January 2018

This chapter looks at the passing of property and the risks involved. The passing of property (or ownership) to the buyer is of vital interest in both domestic law and the international law of sale. The law of sale, as codified by the Sale of Goods Act, is a combination of contract and conveyance. The latter part — the conveyance — is the passing of property. In the Act itself, the passing of property is important in defining the moment when risk is transferred. The significance of risk is that, when transferred to the buyer, it determines the contractual rights of the seller and buyer if there occurs a casualty to the goods for which neither party bears contractual responsibility. However, as the chapter shows, this connection between the property and risk is not as important in the law of international sale as it is in the law of domestic sale.
2 Contractual Background of Sovereign Debt Litigation
Authors: Hayk Kupelyants
Published: January 2018

Chapter 2 set out the panoply of collective action clauses found in sovereign debt documentation, and in particular majority action clauses which allow the majority of bondholders to modify the obligations of the State with binding effect on the minority of bondholders. Chapter 2 also examines other types of collective action clauses.
7 A Taxonomy of Challenges to Sovereign Debt Restructurings
Authors: Hayk Kupelyants
Published: January 2018

Chapter 7 presents a taxonomy of challenges to the outcomes of sovereign debt restructuring, i.e. in what cases private creditors may argue that the restructurings was abusive, oppressive or otherwise invalid and has to be eviscerated accordingly. The starting point here is that the afflicted minority bondholder may challenge the abusive application of collective action clauses, at least in actions couched against the majority of bondholders that put the collective action clauses to use. The source of that power is the obligation of the majority to exercise its broad powers in good faith for the benefit of all bondholders and not to oppress minority bondholders. The chapter then proceeds to discuss the various iterations of this idea in respect of different collective action clauses.
8 Enforcement of Sovereign Debt
Authors: Hayk Kupelyants
Published: January 2018

Chapter 8 reviews the law on sovereign immunity in English and New York courts. The chapter analyses both immunity from jurisdiction and immunity from enforcement. The chapters pays particular attention to immunity from interim measures and disclosure of information. The immunity of State entities is examined lastly.
Oppenheim's International Law: United Nations
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James
Published: January 2018

The United Nations (UN) has expanded beyond all recognition since its founding in 1945. This volume represents a study that is entirely new, but is prepared in the way that has become so familiar over succeeding editions of Oppenheim’s International Law. It covers the formal structures of the UN as it has expanded over the years, and all that this complex organization does. All substantive issues are addressed in separate sections, including the responsibilities of the UN, financing, immunities, human rights, preventing armed conflicts, peacekeeping, and judicial matters. In examining the evolving structures and ever-expanding work of the UN, this volume follows the long-held tradition of Oppenheim by presenting facts uncoloured by personal opinion, in a succinct text that also offers in the footnotes extra information and ideas to be explored. It is a book that, while making all necessary reference to the UN Charter, the Statute of the International Court of Justice, and other legal instruments, tells of the realities of the legal issues as they arise in the day-to-day practice of the UN.
Introduction
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James
Published: January 2018

This introductory chapter first sets out the book’s purpose, namely to provide a comprehensive study of the legal practice of the UN. It provides assistance and guidance to those whose work requires them to understand the complex structures of the UN, the multitudinous legal issues that arise daily, and the practice to date. The chapter sets out the formal structures of the UN as they have developed over the years, the historical background, including the League of Nations, and the legal instruments involved in its creation.
United Nations Specialized Agencies
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James
Published: January 2018

United Nations (UN) specialized agencies are autonomous organizations working as part of the UN system in economic, social, cultural, educational, health, and related fields. There are 17 UN specialized agencies. Four of these—the International Labour Organization (ILO), United Postal Union (UPU), International Telecommunication Union (ITU) and World Meteorological Organization (WMO)—were in existence as international organizations before the establishment of the UN. The other agencies were established either concurrently with or subsequent to the establishment of the UN. This chapter discusses the development of specialized agencies; other agencies or organizations; membership; legal personality; relationship agreements; relationship with principal organs; overview of mandates; and bodies established by specialized agencies.
The United Nations and International Law
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James
Published: January 2018

The United Nations (UN) is a subject of international law. It develops international law and is, to a certain extent, subject to international law obligations. The UN Charter is interpreted in the light of international law. Under Article 103 of the Charter, the UN can, through the Security Council, create obligations for member states that prevail over international law obligations. The political bodies of the UN are a relevant forum in which to find various sources of law, including treaties and customary international law. The UN is a forum for state practice by its members, and UN organs contribute to the development and clarification of law. This chapter discusses the development of international law by the UN; the interpretation of international law by the UN; the application of general international law to the UN; and the effect of the UN Charter on international law (Article 103).
United Nations Privileges and Immunities
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James
Published: January 2018

International organizations like the United Nations (UN) require certain privileges and immunities from national jurisdictions for the effective performance of their tasks. These privileges and immunities are granted to preserve the independence of the UN from its member states and to secure the international character of the organization. This chapter discusses the sources of privileges and immunities; reasons for the conferral of privileges and immunities; privileges and immunities of the organization, representatives of member states, officials of the organization, and experts on mission; abuse, waiver, and settlement of disputes regarding privileges and immunities; privileges and immunities during peacekeeping operations; and immunities of international organizations and the jurisdiction of international criminal tribunals.
Improving Social Conditions
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James
Published: January 2018

The concern of the United Nations (UN) with improving social conditions is expressed in the various parts of the UN Charter. Improving social conditions is seen not only as a goal in its own right, but as related to the aim of achieving international peace. This chapter discusses the types of activities for the purpose of improving social conditions; the ‘social’ issues addressed by the UN; major summits and conferences; social issues in the work of the principal UN organs; the General Assembly and social issues; the Economic and Social Council; social issues in the work of the Security Council and UN Secretary-General; UN Departments, Programmes, and Offices involved in social issues; and institutional coordination of UN social action.
Improving Economic Wellbeing
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James
Published: January 2018

This chapter examines the UN’s role in improving economic wellbeing. One of the UN’s main purposes is to achieve international cooperation in solving international economic problems. To this end, the UN Charter recognizes a link between economic wellbeing and peaceful and friendly relations between states. Economic wellbeing is pursued through principal and subsidiary organs as well as specialized agencies. The discussions cover the Second Committee of the General Assembly; the role of the Economic and Social Council and United Nations Development Programme in economic wellbeing; the United Nations Conference on Trade and Development; the United Nations Industrial Development Organization; financing for development; sustainable development; poverty eradication; and groups of countries in special situations.
Promotion and Protection of Human Rights
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James
Published: January 2018

The UN Charter contains several provisions on human rights. Indeed, one of the purposes of the UN is ‘[t]o achieve co-operation … in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion’. The promotion and protection of human rights is also spread throughout the UN system, from the General Assembly and Security Council in New York, to the Office of the High Commissioner for Human Rights and the Human Rights Council in Geneva, to field presences across the world. This chapter discusses the principal organs involved in the protection and promotion of human rights, including the Human Rights Council and Office of the High Commissioner for Human Rights. Also covered are human rights treaties and treaty bodies, human rights conferences, and Geneva–New York relations.
Promotion of International Law
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James
Published: January 2018

The General Assembly is the most important organ for the promotion of international law. Article 13(1)(a) of the UN Charter provides that the Assembly ‘shall initiate studies and make recommendations for the purpose of: a. promoting international co-operation in the political field and encouraging the progressive development of international law and its codification … ’. The General Assembly works closely with the International Law Commission (ILC) and its Sixth Committee, Ad Hoc Committees, the Secretary-General and specialist entities such as the United Nations Commission on International Trade Law (UNCITRAL). This chapter discusses the role of the ILC, its relationship with the General Assembly, the Sixth Committee, and relationship with other bodies; the Sixth Committee and the promotion of international law; the Secretary-General and the promotion of international law; UNCITRAL; the Law of the Sea; promotion of treaties; legal resources and training; and promotion of themes relevant to the UN’s work.
Keeping the Peace
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James
Published: January 2018

This chapter examines the role of the UN as peacekeeper. It focuses on certain measures used by the General Assembly and the Security Council that are perhaps more prominent in nature and which have been little discussed elsewhere in this volume. It considers the three important activities of the UN in keeping the peace: the role of the General Assembly in making resolutions; the role of the Security Council in authorizing non-forceful sanctions; and the role of the Security Council in authorizing force. Each of these three areas has been the subject of considerable and sustained scholarship; as such, the discussion is by no means comprehensive. Nevertheless, it attempts to highlight this very important aspect of the practice of the UN.
Criminal Tribunals Established by, or in Relationship with, the UN
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James
Published: January 2018

This chapter covers criminal tribunals established by, or in relationship with, the United Nations (UN). It includes the International Criminal Tribunal for the Former Yugoslavia; the International Criminal Tribunal for Rwanda; the International Criminal Court; The Special Court for Sierra Leone; the Extraordinary Chambers in the Courts of Cambodia; the Special Tribunal for Lebanon; the Kosovo Regulation 64 Panels; the East Timor Special Panels for Serious Crimes; and the Bosnia and Herzegovina War Crimes Chamber. The chapter discusses the establishment and jurisdiction of each court or tribunal; its composition; its relationship with other bodies; resources and completion mechanisms; residual issue; and legacy.
Classification
Authors: Torremans Paul
Published: January 2018

This chapter discusses the classification of the cause of action and the classification of a rule of law as they relate to private international law. Classification of the cause of action refers to the allocation of the question raised by the factual situation before the court to its correct legal category, whereas classification of a rule of law is the identification of the department of law under which a particular legal rule falls. After explaining what ‘classification of the cause of action’ and ‘classification of a rule of law’ mean, the chapter considers the basis on which classification is made. In particular, it looks at two cases that illustrate the international spirit in which English judges fulfil the task of classification. It also examines the classification of an English rule and classification of a foreign rule (parental consent to marry, bona vacantia).
Jurisdiction Under the Brussels/Lugano System
Authors: Torremans Paul
Published: January 2018

This chapter examines the jurisdiction of the English courts under the Brussels/Lugano system (the Brussels I Recast, the EC/Denmark Agreement, the Brussels Convention, and the Lugano Convention) and under the modified version of the Brussels I Regulation (Modified Regulation). It first provides an overview of the history and interpretation of the Brussels/Lugano system and the Modified Regulation before turning to the Brussels I Recast, discussing in particular the definition of domicile and the conditions under which the Brussels I Recast applies. It then considers the bases of jurisdiction under the Brussels I Recast, along with various provisions of the Brussels I Regulation relating to jurisdiction and stays of action. It also explores the provisions of the Brussels Convention, the Lugano Convention, and the Hague Convention on Choice of Court Agreements. Finally, it analyses the issue of allocating jurisdiction within the UK under the Modified Regulation.
The Competence of the English Courts Under—The Traditional Rules
Authors: Torremans Paul
Published: January 2018

This chapter explores the competence of the English courts under the traditional rules, and more specifically actions in personam and actions in rem. An action in personam is designed to settle the rights of the parties as between themselves, e.g. an action for damages for breach of contract. In English law the only action in rem is that which lies in an Admiralty court against a particular res, namely a ship or some other res, such as cargo, associated with the ship. This chapter first considers three situations in which English courts are competent under common law rules to try an action in personam before discussing the effect of the Brussels/Lugano system on actions in rem. It also reflects on the implications of the Hague Convention on Choice of Court Agreements 2005 for the competence of the English courts.
Recognition and Enforcement of Foreign Judgments and Arbitral Awards in England—An Introduction
Authors: Torremans Paul
Published: January 2018

This chapter examines how foreign judgments and arbitral awards are recognised and enforced in England. Unsatisfied foreign judgments and arbitral awards give rise to complicated questions concerning private international law. Owing to the principle of territorial sovereignty, a judgment delivered in one country cannot, in the absence of international agreement, have a direct operation of its own force in another. This chapter first considers the effect given to foreign judgments and arbitral awards before discussing the different regimes governing recognition and enforcement of foreign judgments. In particular, it looks at judgments from outside the European Union and European Free Trade Association (EFTA), judgments from an EU or EFTA state, and judgments from other parts of the UK. It also analyses issues relating to insolvency, family law, and wills and successions and concludes with an overview of rules under which foreign arbitral awards are recognised and enforced.
Non-Contractual Obligations
Authors: Torremans Paul
Published: January 2018

This chapter examines the applicable law for non-contractual obligations. It first introduces the reader to the choice of law rules for torts, restitution, and equitable obligations before discussing the relevant provisions of the Rome II Regulation, focusing on the applicable law for torts/delicts and for unjust enrichment, negotiorum gestio and culpa in contrahendo; limitations on the dominance of the law applicable; rules of safety and conduct; and Rome II Regulation's relationship with other provisions of EU law and existing international conventions. It then considers the applicable law for maritime non-contractual obligations such as maritime torts, along with mixed issues relating to non-contractual obligations and contracts. It also looks at contractual and non-contractual obligations to which there is a contractual defence and concludes with an analysis of non-contractual obligations that are outside the scope of the Rome II Regulation, including defamation.
Declarations
Authors: Torremans Paul
Published: January 2018

This chapter examines the power of the courts, both under their inherent jurisdiction and by statute, to make declarations as to marital status. For many years, the courts had statutory power to grant declarations of legitimacy, legitimation, and the validity of a marriage or whether the petitioner is a British subject. However, there was no power to declare the invalidity of a marriage by declaration: that had to be done in nullity proceedings. This chapter discusses the relevant provisions of Part III of the Family Law Act 1986 relating to declarations as to marital status; declarations of parentage, legitimacy, or legitimation; and declarations as to adoptions effected overseas. It also considers the relevant provisions of the Child Abduction and Custody Act 1985, Civil Partnership Act 2004, Marriage (Same Sex Couples) Act 2013, and Presumption of Death Act 2013.
Matrimonial Property
Authors: Torremans Paul
Published: January 2018

This chapter examines the legal regime governing matrimonial property, and more specifically the rights of a husband and wife in the movable and immovable property which either of them may possess at the time of marriage or may acquire afterwards. It first considers the general rule on assignment where there is an ante-nuptial contract as well as the assignment where is no ante-nuptial contract, focusing in particular on the application of matrimonial domicile in the case of movables and the effect of marriage on the spouses' immovables in the absence of a marriage contract. It then discusses the question of property rights arising from civil partnership and cohabitation, citing the relevant provisions of the Civil Partnership Act 2004, and concludes with an overview of European proposals for legal reform with respect to jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes.
Enterovirus and Parechovirus
Authors: Messacar Kevin , Abzug Mark J.
Published: January 2018

Enteroviruses (EVs) comprise a genus in the Picornaviridae family. They are single-stranded RNA viruses and are common causes of human infection. Polioviruses, the prototypic EVs, were historically responsible for widespread outbreaks of paralytic poliomyelitis; now they are on the verge of global elimination through vaccination. More than 100 serotypes of nonpoliovirus EVs are described and are associated with a wide variety of diseases, ranging from respiratory infections, nonspecific febrile illnesses, herpangina, and hand-foot-and-mouth disease to meningitis, encephalitis, paralytic disease, myocarditis, chronic or disseminated infection in immunocompromised hosts (particularly those with defects in the humoral immune response), and severe disease in neonates. This chapter reviews disease manifestations during pregnancy and in neonates, with an emphasis on clinical presentation, diagnosis, and management. The newly emerging parechoviruses, important causes of central nervous system (CNS) disease, are also reviewed.
Human Immunodeficiency Virus Type 1
Authors: Sturt Amy S. , Read Jennifer S.
Published: January 2018

Mother-to-child transmission (MTCT) represents the most common means of acquisition of human immunodeficiency virus type 1 (HIV) infection in children, and it can occur in utero, intrapartum, and postnatally through breastfeeding. Interventions during each of these time periods can reduce the risk of MTCT. MTCT prevention involves a cascade of services, including contraception to avoid unintended pregnancies, prenatal care (including universal HIV screening and antiretrovirals), cesarean section before labor and before ruptured membranes when indicated, and complete avoidance of breastfeeding when possible. After delivery, infant HIV acquisition can be mitigated through the provision of antiretroviral prophylaxis. More data are needed regarding the mode of delivery and whether cesarean section is beneficial in women with a delivery viral load of less than 1,000 copies/mL who are using effective antiretroviral therapy (ART) regimens. There is also a need for better understanding of the optimal duration of infant post exposure prophylaxis both after birth and during breastfeeding.
Lymphocytic Choriomeningitis Virus
Authors: Bonthius Daniel J.
Published: January 2018

Lymphocytic choriomeningitis virus (LCMV), an arenavirus, is a prevalent pathogen and an important and underrecognized cause of neurologic birth defects. LCMV utilizes rodents as its principal reservoir. Rodents that acquire the virus transplacentally often remain asymptomatic because congenital infection provides immunological tolerance for the virus. Humans typically acquire LCMV by direct contact with fomites contaminated with infectious virus, from rodents, or by inhalation of aerosolized virus. Congenital LCMV infection occurs when a woman acquires the virus during pregnancy. The virus is passed to the fetus transplacentally, presumably during maternal viremia. Published reports of LCMV infection during pregnancy make it clear that LCMV can be a severe neuroteratogen. Prospective epidemiological or clinical studies of congenital LCMV infection are needed to gain more knowledge about the incidence and spectrum of LCMV-induced teratogenicity. The clinical presentation of congenital LCMV is reviewed, along with recommendations for diagnostic studies and information about long-term prognosis.
Rubella Virus
Authors: Lebo Emmaculate , Reef Susan
Published: January 2018

Rubella infection in pregnant women, especially during the first trimester, can result in miscarriages, fetal deaths, stillbirths, or a constellation of congenital anomalies known as congenital rubella syndrome (CRS). Infants born with CRS often present with a myriad of classical symptoms, including hearing impairment, congenital heart defects, cataracts, and mental impairment. The risk of developing a congenital defect is highest when the rubella infection occurs during the first 12 weeks of gestation. The risks associated with fetal infection are primarily in pregnant women who are not immune to the rubella virus; immunity is acquired through vaccination with a rubella-containing vaccine or develops naturally following infection with rubella virus. In 2010, approximately 105,000 children with CRS were born globally, with an estimated 49,229 and 38,712 CRS cases born in the Southeast Asia and African WHO regions, respectively. Significant progress has been made toward reducing the burden of rubella and CRS cases globally through the introduction of rubella-containing vaccines in many countries.
Chagas Disease (Trypanosoma cruzi)
Authors: Altcheh Jaime , Moscatelli Guillermo , Bournissen Facundo Garcia
Published: January 2018

Chagas disease (CD), or American trypanosomiasis, is caused by the hemoflagellate parasite Trypanosoma cruzi and has evolved from a regional, Latin American disease to one that is becoming widespread in other parts of the world. Mother-to-child transmission (MTCT) of Chagas disease has become the primary means of transmission of T. cruzi worldwide. Congenital Chagas disease can be prevented by treating women of reproductive age. It is important to develop strategies for the systematic screening of pregnant women for CD, as well as all children born to infected mothers, and also to treat every infected child as early as possible.
Introduction
Authors: Peteet John R. , Dell Mary Lynn , Fung Wai Lun Alan
Published: January 2018

Historical tensions between psychiatry and religion continue to hinder dialogue and restrict consensus on how to approach areas of overlap in clinical decision making. In Part One, contributors to this volume discuss concerns arising in the general areas of values, religious and psychiatric ethics, diagnosis and treatment, and the work of religious professionals and ethics committees. In Part Two, chapter authors consider these issues as they arise within various subspecialties of psychiatric practice, often using the Jonsen Four Topics (or Four Quadrants) Model. The theme of the relationship between religion and culture runs throughout and is addressed more directly than in the Outline for Cultural Formulation in Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5).
Outpatient Psychiatry
Authors: Medlock Morgan M. , Rosmarin David H.
Published: January 2018

Spiritual and religious issues are very common among psychiatric outpatients, and more than half of patients report significant interest in speaking to clinicians about this domain. Yet, spiritual/religious issues are rarely broached with any substantial depth in the context of service delivery. This chapter uses a case vignette from our work at McLean Hospital to discuss clinical, cultural, and ethical issues in the provision of spiritually integrated outpatient psychiatric care. We provide a framework for systematically addressing patient spirituality/religion in treatment, highlight the relevant empirical literature, and discuss concerns as well as ethical issues that are germane to this important area of clinical innovation.
Consultation-Liaison Psychiatry
Authors: Herschkopf Marta , Peteet John R.
Published: January 2018

Consultation-liaison psychiatrists, working at the interface between psychiatry and other medical specialties, frequently receive consultation requests reflecting tensions among the values of the clinical team, the patient, and the patient’s family. Yet little attention has been devoted to the religious and spiritual dimensions of these challenges. This chapter, using brief clinical case examples, reviews the relevance of religion/spirituality for ethical conflicts in several domains of consultation-liaison psychiatry. These areas of conflict include (1) the appropriate scope of the consulting psychiatrist’s role in diagnosis and treatment, (2) religious/spiritual aspects of capacity and candidacy evaluations, (3) patient and family values that conflict with those of the medical care team, and (4) a psychiatrist’s own values that conflict with the patient’s or society’s values. The chapter concludes by discussing in more depth a case involving several of these themes, analyzing it according to the Jonsen Four Quadrants Model.
Diagnostic and classification criteria
Authors: Tjärnlund Anna , Lundberg Ingrid E.
Published: January 2018

Diagnosis of idiopathic inflammatory myopathies (IIM) is based on clinical features such as subacute progress of symmetrical weakness of proximal muscle and muscle fatigue, in combination with laboratory confirmation of myopathy, including elevated muscle enzyme levels in serum and histological demonstration of skeletal muscle inflammation, as well as fibre regeneration and degeneration in muscle biopsies. Several classification criteria for IIM have historically been proposed. New classification criteria for IIM have been developed, and are based on real patient data from adult and juvenile IIM cases worldwide. These criteria provide a probability of having IIM with defined cut-off values for categorizing ‘possible’, ‘probable’, and ‘definite’ IIM. Autoantibodies in IIM are becoming increasingly important for diagnosis and classification, and newly identified autoantibodies specific for inclusion body myositis may provide a future diagnostic tool.
Metabolic myopathies
Authors: Lilleker James B. , Roberts Mark E.
Published: January 2018

Metabolic myopathies are caused by defects in the metabolic processes of energy storage and utilization, and can present with exercise intolerance, fatigue, muscle pain, and weakness. Metabolic myopathies are rare and can be difficult to diagnose. However, the clinical presentation can be similar to, and thus mimic, both the idiopathic inflammatory myopathies and other genetic muscle disorders including the muscular dystrophies. Careful enquiry about the nature and timing of muscle pain, as well as identification of other clinical ‘red-flags’, can highlight the possibility of a metabolic myopathy. The possibility of metabolic myopathy or muscular dystrophy mimicking myositis should be considered early in ‘treatment-resistant myositis’ or ‘seronegative myositis’. The diagnosis of metabolic myopathies depends on a multidisciplinary team, an awareness of the increasing availability of enzyme activity testing and the utility of expanding genetic technologies. In some cases, dietary manipulation and enzyme replacement therapies are useful treatments.
Evaluation of hyperCKaemia
Authors: Mammen Andrew L. , Nance Jessica R.
Published: January 2018

Serum creatine kinase (CK) levels may be elevated in patients with muscle weakness or pain. In asymptomatic patients with CK elevations, the focus should be on identifying reversible causes, followed by investigation for inherited muscle diseases. In asymptomatic patients with an incidental finding of elevated CK, clinicians should look for reversible causes, then re-test the CK after 10 days of rest in the absence of potential triggers. If the CK remains markedly elevated and/or electromyography proves myopathic, a muscle biopsy should be considered. Women of childbearing age with elevation of serum CK should be evaluated for dystrophin mutation. Genetic causes of hyperCKaemia can be pursued with targeted gene sequencing, or whole exome or next generation sequencing. Patients with inherited skeletal muscle diseases may also have associated cardiac disease, so a cardiology evaluation should be considered in all patients with unexplained CK elevations.
Inclusion body myositis
Authors: Machado Pedro M.
Published: January 2018

Sporadic inclusion body myositis (IBM) is an acquired muscle disorder associated with ageing, for which there is no effective treatment. It is characterized by a typical early clinical phenotype with (often asymmetric) weakness of the knee extensors and finger flexors, potential involvement of pharyngeal and upper-oesophageal muscles (which may contribute to malnutrition and aspiration), and progressive and slow deterioration, which may lead to severe disability and loss of quality of life. Muscle biopsy shows chronic myopathic features, lymphocytic infiltration with invasion of non-necrotic fibres, rimmed vacuoles, mitochondrial changes, and pathological accumulation of proteins in the muscle tissue. It remains uncertain whether IBM is primarily an immune-mediated inflammatory myopathy or a degenerative myopathy with an associated inflammatory component. This chapter will describe the clinical features, natural history, investigations, current pathogenic concepts, outcome measures, and therapeutic approaches in IBM. Despite recent clues, in many respects IBM remains an unsolved mystery.
Laboratory features—enzymes and biomarkers
Authors: Tansley Sarah L. , McHugh Neil J.
Published: January 2018

This chapter describes the laboratory tests useful in diagnosing and monitoring patients with myositis. It describes creatinine kinase, it’s different isoforms and explains why this muscle enzyme is helpful in the diagnosis and monitoring of patients with inflammatory muscle disease. It also describes other skeletal muscle enzymes that are often elevated in both adult and juvenile onset disease and examines the specificity of troponins for cardiac muscle involvement. The prevalence and clinical utility of myositis specific and associated autoantibodies is explored, and we report the clinical features associated with different autoantibody subgroups, demonstrating how such autoantibodies can divide patients into clinically homogenous subgroups. Finally, evidence for the potential use of other novel biomarkers including cytokines is also explored.
Histopathological features of the idiopathic inflammatory myopathies
Authors: de Visser and Eleonora M.A. Aronica Marianne
Published: January 2018

In adult patients with presumed idipathic inflammatory myopathy (IIM) without a characteristic and diagnostic dermatomyositis rash, muscle biopsy is mandatory to confirm the IIM diagnosis and to exclude a myopathy which would not respond to glucocorticoids or other immunosuppressants, including inclusion body myositis. This chapter discusses when, where, and how to undertake muscle biopsies, when to repeat them, how to interpret their results, and how these relate to IIM subtypes and disease processes.
Neurophysiology in the assessment of inflammatory myopathies
Authors: Ramdass Ranjit
Published: January 2018

Clinical neurophysiology (electrodiagnosis) includes the assessment of peripheral nerves by electrical stimulation (nerve conduction studies, NCS) and needle examination of muscles (electromyography, EMG). Electrodiagnostic assessment is a functional extension of clinical examination into the laboratory. It plays an important role in the investigation of a patient suspected of having myositis, providing valuable information regarding peripheral nerve, neuromuscular junction and muscle functions, to better characterize clinical syndromes. NCS can establish the presence and quantify the severity of a primary or co-existing peripheral neuropathy, while EMG examination can help discriminate between primary myogenic and primary neurogenic disorders. EMG is potentially more sensitive than clinical examination, as abnormalities can be detected in muscles apparently unaffected on clinical examination. Additionally, a number of muscles can be sampled to help target an optimal muscle biopsy site. Neurophysiology can also assist in monitoring treatment responses and detecting emerging problems, such steroid myopathy or drug-induced neuropathy.