bluuebunny/crossref_metadata_2025 huggingface dataset:
Novel stimuli evoke excess activity in the mouse primary visual cortex
Authors: Homann Jan , Koay Sue Ann , Chen Kevin S. , Tank David W. , Berry Michael J.
Published: January 2022

Significance

Rapid detection and processing of stimulus novelty are key elements of adaptive behavior. Predictive coding theories postulate that novel stimuli should be encoded differently from familiar stimuli. Here, we show that the majority of neurons in layer 2/3 of the mouse primary visual cortex exhibit a significant excess response to novel visual stimuli. The distinction between novel and familiar images developed rapidly, requiring only a few repeated presentations. We show that this phenomenon can be described by a model of cascading adaptation. This ubiquitous mechanism makes it likely that similar computations could be carried out in many brain areas.
Rewarding cognitive effort increases the intrinsic value of mental labor
Authors: Clay Georgia , Mlynski Christopher , Korb Franziska M. , Goschke Thomas , Job Veronika
Published: January 2022

Significance

Many extraordinary human skills like reading, mastering an instrument, or programming require thousands of hours of practice and continued exertion of mental effort. However, the importance of mental effort often contrasts with currently dominant theories suggesting that effort is aversive and something people avoid whenever possible. Here, we show that rewarding participants for the exertion of effort in a cognitive task increased their preference for more demanding tasks in a transfer phase. This provides evidence that people can learn to positively value effort and demanding tasks in the absence of extrinsic reward. These findings challenge currently dominant theories of mental effort and point to the role of learning environments for the development of effort-related motivation.
Sequence-specific RNA recognition by an RGG motif connects U1 and U2 snRNP for spliceosome assembly
Authors: de Vries Tebbe , Martelly William , Campagne Sébastien , Sabath Kevin , Sarnowski Chris P. , Wong Jason , Leitner Alexander , Jonas Stefanie , Sharma Shalini , Allain Frédéric H.-T.
Published: January 2022

Significance

Pre-messenger RNA (pre-mRNA) splicing is a key regulatory step in gene expression. The splicing reaction is mediated by the spliceosome, a dynamic complex comprising five small nuclear ribonucleoproteins (snRNPs), which assembles onto each intron in multiple steps. We present detailed structural analysis and supporting functional data of an important protein–RNA interaction between human U1 and U2 snRNP. Our structure shows that an intrinsically disordered arginine-glycine (RGG/RG)–rich motif of a U2 snRNP subunit forms an RNA-sequence–specific connection with U1 snRNP. This study broadens the functional scope of unstructured RGG/RG-rich motifs in RNA binding proteins and provides a molecular basis of early steps of spliceosome assembly, which may help develop innovative therapeutic strategies against diseases originating from splicing defects.
The /s/ ~ /z/ voice contrast in L1 French, L1 Spanish and L1 Italian learners of L2 English
Authors: Mairano Paolo , Contreras Roa Leonardo , Capliez Marc , Bouzon Caroline
Published: January 2022

In this study, we present a comparative corpus-based analysis of the English /s/ ~ /z/ voice contrast for learners
of three L1s. Acoustic analysis of periodicity and duration for target segments confirms expectations based on L1 transfer and on
the Markedness Differential Hypothesis. We found that, due to the absence of phonemic /z/ in Spanish, L1 Spanish learners exhibit
great difficulty in producing voiced realisations for /z/, and more so in the (more marked) word-final position than in the (less
marked) word-medial position. In contrast, L1 French and L1 Italian learners did not exhibit difficulties in reproducing the
voicing patterns of English /s/ ~ /z/ neither word-medially nor word-finally, due to the existence of these sounds in their L1
(and despite differences in relative markedness for these two positions, especially considering that word-final /z/ does not exist
in Italian). Finally, we observed the impact of orthography on the production of L1 French and L1 Italian learners, affecting the
periodicity of /s/ and /z/ depending on spelling transparency.
High-Intensity Drinking among Adolescent and Emerging Adult Risky Drinkers
Authors: Bonar Erin E. , Souweidane Mariam A. , Blow Frederic C. , Bohnert Amy S. B. , Bauermeister José A. , Young Sean D. , Walton Maureen A.
Published: January 2022

Background: High-intensity drinking (HID; 8+ U.S. standard drinks for women, 10+ men) is initiated during adolescence/emerging adulthood, increasing risk for negative outcomes, including blackouts. We examined baseline data from a study of risky drinking youth to identify factors associated with HID. Methods: Risky drinkers (ages 16–24) were recruited online (positive 3-month AUDIT-C score) as part of a larger study to examine social media interventions for risky drinking. We used baseline survey data to examine HID in relation to demographics, substance use–related variables, and individual and social factors. Results: Among 931 risky drinkers, 29.8% reported past-month HID, and those with HID reported greater substance use and consequences. In multivariable analysis, HID was associated with male sex; greater social motives, impulsivity, and motivation; lower self-efficacy; and greater likelihood of not living with parents, drinking with important peers, and parental disapproval of posting drinking pictures. When examining age group interactions (16–20; 21–24), underage drinkers with high sensation-seeking scores and lower parental disapproval of posting drinking pictures on social media reported greater HID. Conclusions: Among risky drinking youth, male sex, social motives, impulsivity, higher motivation to and lower-self-efficacy to reduce drinking, living away from parents, more frequent drinking with important peers, and lower parental disapproval of posting drinking pictures on social media were positively associated with HID. Further, HID was associated with greater health consequences, underscoring the need for HID interventions. Such interventions may benefit from enhancing motivation and self-efficacy, particularly in social contexts, as well as increasing positive peer and leisure activities to reduce HID.
Fast excitation fluctuation transfer between two membranes based on transitionless quantum driving
Authors: Liu Wen-Wu , Zhang Chun-Ling
Published: January 2022

In this paper, we introduce a feasible scheme for implementing excitation fluctuation transfer between two membranes in a cavity optomechanical system. The transitionless tracking algorithm allows the system to evolve along a single path, and the process is sped up. Numerical simulations are shown to indicate that, compared with the schemes based on conventional adiabatic passage and Lewis–Riesenfeld invariants, the proposed scheme not only shortens the evolution time but also significantly decreases the negative effects of dissipation arising from membrane damping and cavity decay within specified bounds. This work provides a new idea for quantum state transfer between two membranes.
Eco-hydrological responses to recent droughts in tropical South America
Authors: Jiang Yelin , Yang Meijian , Liu Weiguang , Mohammadi Koushan , Wang Guiling
Published: January 2022

This study assesses the ecohydrological effects of recent meteorological droughts in tropical South America based on multiple sources of data, and investigates the possible mechanisms underlying the drought response and recovery of different ecohydrological systems. Soil drought response and recovery lag behind the meteorological drought, with delays longer in the dry region (Nordeste) than in the wet region (Amazonia), and longer in deep soil than in shallow soil. Evapotranspiration (ET) and vegetation in Nordeste are limited by water under normal conditions and decrease promptly in response to the onset of shallow soil drought. In most of the Amazon where water is normally abundant, ET and vegetation indices follow an increase-then-decrease pattern, increase at the drought onset due to increased sunshine and decrease when the drought is severe enough to cause a shift from an energy-limited regime to a water-limited regime. After the demise of meteorological droughts, ET and vegetation rapidly recover in Nordeste with the replenishment of shallow soil moisture (SM), but take longer to recover in southern Amazon due to their dependence on deep SM storage. Following severe droughts, the negative anomalies of ET and vegetation indices in southern Amazon tend to persist well beyond the end of soil drought, indicating drought-induced forest mortality that is slow to recover from. Findings from this study may have implications on the possibility of a future forest dieback as drought is projected to become more frequent and more severe in a warmer climate.
Bioinspired design proposal for a new external bone fixator device
Authors: Buso Carla , Zanini Plínio , Titotto Silvia
Published: January 2022

The article presents a new medical device through an authorial and interdisciplinary approach. It consists of a flexible external fixator, whose flexible property may bring advantages over rigid mechanisms. Its design was inspired by the DNA biological mechanism of condensation, while the modeling was based on the pseudo-rigid modeling technique. From the models obtained, this study conducted prototyping and computational tests to obtain a proof-of-concept of the bioinspired theory and dynamic functioning effectiveness. The prototyping relied on hot glue manufacturing and the computational simulations consisted of linear static analysis. The experimental analysis concluded that the prototype with fewer beams and thinner beams delivered better results in all three parameters: flexibility, height variation and rotation arc. In the computational analysis, among the design models with the variation of the number of beams, the model with 8 beams performed better. Concerning thickness variation, the one whose beams measured 8 mm in thickness showed better results. Among the models with length variation, the design made with 100 mm long beams better equilibrated the parameters.
A priori generalization error analysis of two-layer neural networks for solving high dimensional Schrödinger eigenvalue problems
Authors: Lu Jianfeng , Lu Yulong
Published: January 2022

This paper analyzes the generalization error of two-layer neural networks for computing the ground state of the Schrödinger operator on add-dimensional hypercube with Neumann boundary condition. We prove that the convergence rate of the generalization error is independent of dimensiondd, under the a priori assumption that the ground state lies in a spectral Barron space. We verify such assumption by proving a new regularity estimate for the ground state in the spectral Barron space. The latter is achieved by a fixed point argument based on the Krein-Rutman theorem.
FUNKI: interactive functional footprint-based analysis of omics data
Authors: Hernansaiz-Ballesteros Rosa , Holland Christian H , Dugourd Aurelien , Saez-Rodriguez Julio
Published: January 2022

Motivation

Omics data are broadly used to get a snapshot of the molecular status of cells. In particular, changes in omics can be used to estimate the activity of pathways, transcription factors and kinases based on known regulated targets, that we call footprints. Then the molecular paths driving these activities can be estimated using causal reasoning on large signalling networks.

Results

We have developed FUNKI, a FUNctional toolKIt for footprint analysis. It provides a user-friendly interface for an easy and fast analysis of transcriptomics, phosphoproteomics and metabolomics data, either from bulk or single-cell experiments. FUNKI also features different options to visualize the results and run post-analyses, and is mirrored as a scripted version in R.

Availability and implementation

FUNKI is a free and open-source application built on R and Shiny, available at https://github.com/saezlab/ShinyFUNKI and https://saezlab.shinyapps.io/funki/.

Supplementary information

Supplementary data are available at Bioinformatics online.
A deep dilated convolutional residual network for predicting interchain contacts of protein homodimers
Authors: Roy Raj S , Quadir Farhan , Soltanikazemi Elham , Cheng Jianlin
Published: January 2022

Motivation

Deep learning has revolutionized protein tertiary structure prediction recently. The cutting-edge deep learning methods such as AlphaFold can predict high-accuracy tertiary structures for most individual protein chains. However, the accuracy of predicting quaternary structures of protein complexes consisting of multiple chains is still relatively low due to lack of advanced deep learning methods in the field. Because interchain residue–residue contacts can be used as distance restraints to guide quaternary structure modeling, here we develop a deep dilated convolutional residual network method (DRCon) to predict interchain residue–residue contacts in homodimers from residue–residue co-evolutionary signals derived from multiple sequence alignments of monomers, intrachain residue–residue contacts of monomers extracted from true/predicted tertiary structures or predicted by deep learning, and other sequence and structural features.

Results

Tested on three homodimer test datasets (Homo_std dataset, DeepHomo dataset and CASP-CAPRI dataset), the precision of DRCon for top L/5 interchain contact predictions (L: length of monomer in a homodimer) is 43.46%, 47.10% and 33.50% respectively at 6 Å contact threshold, which is substantially better than DeepHomo and DNCON2_inter and similar to Glinter. Moreover, our experiments demonstrate that using predicted tertiary structure or intrachain contacts of monomers in the unbound state as input, DRCon still performs well, even though its accuracy is lower than using true tertiary structures in the bound state are used as input. Finally, our case study shows that good interchain contact predictions can be used to build high-accuracy quaternary structure models of homodimers.

Availability and implementation

The source code of DRCon is available at https://github.com/jianlin-cheng/DRCon. The datasets are available at https://zenodo.org/record/5998532#.YgF70vXMKsB.

Supplementary information

Supplementary data are available at Bioinformatics online.
A decrease in cluster of differentiation 2 expression on natural killer cells is associated with polycystic ovary syndrome but not influenced by metformin in a mouse model
Authors: Czika Armin , Yang Yin , Yang Jun-Pu , Adu-Gyamfi Enoch Appiah , Ullah Amin , Ruan Ling-Ling , Chen Xue-Mei , Wang Ying-Xiong , Wang Mei-Jiao , Ding Yu-Bin
Published: January 2022

Problem

Natural killer (NK) cells from the peripheral blood and spleen represent the source from which various tissues replenish their immune cell populations. Hyperandrogenism and high interleukin-2 (IL-2) levels are factors present in polycystic ovary syndrome (PCOS). These factors and metformin, one of the commonest medications used in treating PCOS, may have an impact on NK cells. However, this is presently unknown. Here, we aimed to assess the distribution of peripheral blood and splenic NK cells and their CD2 and CD94 expression patterns in a PCOS mouse model and test whether metformin could reverse these effects.

Method of study

Four mouse groups were designed as follows (n = 15/group): control, PCOS, PCOS plus vehicle, PCOS plus metformin. Dehydroepiandrosterone and a high-fat diet were administered to induce the PCOS mouse model. Flow cytometry was used to analyze the expressions of CD2 and CD94 on peripheral blood and splenic NK cells.

Results

PCOS mice had a low surface-density of CD2 on peripheral blood NK cells and a decreased percentage of CD2+ splenic NK cells. Metformin administration did not significantly influence these changes; however, it reduced the splenic NK cell counts.

Conclusions

Our findings proved the association of PCOS with an altered expression of CD2 on peripheral blood and splenic NK cells and that of metformin with a lowered splenic NK cell reserve in PCOS conditions. These findings could further unlock key mechanisms in PCOS pathophysiology and in the mechanism of action of metformin, towards improving PCOS management.
Efficient semiparametric estimation of network treatment effects under partial interference
Authors: Park C , Kang H
Published: January 2022

Although many estimators for network treatment effects have been proposed, their optimality properties, in terms of semiparametric efficiency, have yet to be resolved. We present a simple yet flexible asymptotic framework for deriving the efficient influence function and the semiparametric efficiency lower bound for a family of network causal effects under partial interference. An important corollary of our results is that one existing estimator, that proposed by Liu et al. (2019), is locally efficient. We also present other estimators that are efficient and discuss results on adaptive estimation. We illustrate application of the efficient estimators in a study of the direct and spillover effects of conditional cash transfer programmes in Colombia.
Two-stage linked component analysis for joint decomposition of multiple biologically related data sets
Authors: Chen Huan , Caffo Brian , Stein-O’Brien Genevieve , Liu Jinrui , Langmead Ben , Colantuoni Carlo , Xiao Luo
Published: January 2022

Integrative analysis of multiple data sets has the potential of fully leveraging the vast amount of high throughput biological data being generated. In particular such analysis will be powerful in making inference from publicly available collections of genetic, transcriptomic and epigenetic data sets which are designed to study shared biological processes, but which vary in their target measurements, biological variation, unwanted noise, and batch variation. Thus, methods that enable the joint analysis of multiple data sets are needed to gain insights into shared biological processes that would otherwise be hidden by unwanted intra-data set variation. Here, we propose a method called two-stage linked component analysis (2s-LCA) to jointly decompose multiple biologically related experimental data sets with biological and technological relationships that can be structured into the decomposition. The consistency of the proposed method is established and its empirical performance is evaluated via simulation studies. We apply 2s-LCA to jointly analyze four data sets focused on human brain development and identify meaningful patterns of gene expression in human neurogenesis that have shared structure across these data sets.
Biomarkers and Clinical Laboratory Detection of Acute and Chronic Ethanol Use
Authors: Tawiah Kwaku D , Riley Sarah B , Budelier Melissa M
Published: January 2022

Background

Ethanol use can lead to many health and socio-economic problems. Early identification of risky drinking behaviors helps provide timely clinical and social interventions. Laboratory testing of biomarkers of ethanol use supports the timely identification of individuals with risky drinking behaviors. This review provides an overview of the utility and limitations of ethanol biomarkers in the clinical laboratory.

Content

Direct assessment of ethanol in tissues and body fluids has limited utility due to the pharmacokinetics of ethanol. Therefore, the evaluation of ethanol use relies on nonvolatile metabolites of ethanol (direct biomarkers) and measurement of the physiological response to the toxic metabolites of ethanol (indirect biomarkers). Ethanol biomarkers help monitor both chronic and acute ethanol use. The points discussed here include the clinical utility of ethanol biomarkers, testing modalities used for laboratory assessment, the specimens of choice, limitations, and clinical interpretation of results. Finally, we discuss the ethical principles that should guide physicians and laboratorians when using these tests to evaluate alcohol use.

Indirect biomarkers such as carbohydrate-deficient transferrin, mean corpuscular volume, and liver enzymes activities may suggest heavy ethanol use. They lack sensitivity and specificity for timely detection of risky drinking behavior and have limited utility for acute ethanol use. Direct biomarkers such as ethyl glucuronide, ethyl sulfate, and phosphatidylethanol are considered sensitive and specific for detecting acute and chronic ethanol use. However, laboratory assessment and result interpretation lack standardization, limiting clinical utility. Ethical principles including respect for persons, beneficence, and justice should guide testing.
Survival of patients undergoing cardiac resynchronization therapy with or without defibrillator: the RESET-CRT project
Authors: Hadwiger Moritz , Dagres Nikolaos , Haug Janina , Wolf Michael , Marschall Ursula , Tijssen Jan , Katalinic Alexander , Frielitz Fabian Simon , Hindricks Gerhard
Published: January 2022

Aims

Cardiac resynchronization therapy (CRT) is an established treatment for heart failure. There is contradictory evidence whether defibrillator capability improves prognosis in patients receiving CRT. We compared the survival of patients undergoing de novo implantation of a CRT with defibrillator (CRT-D) option and CRT with pacemaker (CRT-P) in a large health claims database.

Methods and results

Using health claims data of a major German statutory health insurance, we analysed patients with de novo CRT implantation from 2014 to 2019 without indication for defibrillator implantation for secondary prevention of sudden cardiac death. We performed age-adjusted Cox proportional hazard regression and entropy balancing to calculate weights to control for baseline imbalances. The analysis comprised 847 CRT-P and 2722 CRT-D patients. Overall, 714 deaths were recorded during a median follow-up of 2.35 years. A higher cumulative incidence of all-cause death was observed in the initial unadjusted Kaplan–Meier time-to-event analysis [hazard ratio (HR): 1.63, 95% confidence interval (CI): 1.38–1.92]. After adjustment for age, HR was 1.13 (95% CI: 0.95–1.35) and after entropy balancing 0.99 (95% CI: 0.81–1.20). No survival differences were found in different age groups. The results were robust in sensitivity analyses.

Conclusion

In a large health claims database of CRT implantations performed in a contemporary setting, CRT-P treatment was not associated with inferior survival compared with CRT-D. Age differences accounted for the greatest part of the survival difference that was observed in the initial unadjusted analysis.
Estimation of recurrent atherosclerotic cardiovascular event risk in patients with established cardiovascular disease: the updated SMART2 algorithm
Authors: Hageman Steven H J , McKay Ailsa J , Ueda Peter , Gunn Laura H , Jernberg Tomas , Hagström Emil , Bhatt Deepak L , Steg Ph. Gabriel , Läll Kristi , Mägi Reedik , Gynnild Mari Nordbø , Ellekjær Hanne , Saltvedt Ingvild , Tuñón José , Mahíllo Ignacio , Aceña Álvaro , Kaminski Karol , Chlabicz Malgorzata , Sawicka Emilia , Tillman Taavi , McEvoy John W , Di Angelantonio Emanuele , Graham Ian , De Bacquer Dirk , Ray Kausik K , Dorresteijn Jannick A N , Visseren Frank L J
Published: January 2022

Aims

The 10-year risk of recurrent atherosclerotic cardiovascular disease (ASCVD) events in patients with established ASCVD can be estimated with the Secondary Manifestations of ARTerial disease (SMART) risk score, and may help refine clinical management. To broaden generalizability across regions, we updated the existing tool (SMART2 risk score) and recalibrated it with regional incidence rates and assessed its performance in external populations.

Methods and results

Individuals with coronary artery disease, cerebrovascular disease, peripheral artery disease, or abdominal aortic aneurysms were included from the Utrecht Cardiovascular Cohort-SMART cohort [n = 8355; 1706 ASCVD events during a median follow-up of 8.2 years (interquartile range 4.2–12.5)] to derive a 10-year risk prediction model for recurrent ASCVD events (non-fatal myocardial infarction, non-fatal stroke, or cardiovascular mortality) using a Fine and Gray competing risk-adjusted model. The model was recalibrated to four regions across Europe, and to Asia (excluding Japan), Japan, Australia, North America, and Latin America using contemporary cohort data from each target region. External validation used data from seven cohorts [Clinical Practice Research Datalink, SWEDEHEART, the international REduction of Atherothrombosis for Continued Health (REACH) Registry, Estonian Biobank, Spanish Biomarkers in Acute Coronary Syndrome and Biomarkers in Acute Myocardial Infarction (BACS/BAMI), the Norwegian COgnitive Impairment After STroke, and Bialystok PLUS/Polaspire] and included 369 044 individuals with established ASCVD of whom 62 807 experienced an ASCVD event. C-statistics ranged from 0.605 [95% confidence interval (CI) 0.547–0.664] in BACS/BAMI to 0.772 (95% CI 0.659–0.886) in REACH Europe high-risk region. The clinical utility of the model was demonstrated across a range of clinically relevant treatment thresholds for intensified treatment options.

Conclusion

The SMART2 risk score provides an updated, validated tool for the prediction of recurrent ASCVD events in patients with established ASCVD across European and non-European populations. The use of this tool could allow for a more personalized approach to secondary prevention based upon quantitative rather than qualitative estimates of residual risk.
Religious Regulation Meets International Trade Law: Halal Measures, a Trade Obstacle? Evidence from the SPS and TBT Committees
Authors: Johan Eva , Schebesta Hanna
Published: January 2022

The article studies the intersection of religious regulation and trade law. Specifically, it provides evidence about whether, when, and how domestic Halal measures are regarded as trade obstacles under World Trade Organization law. We conduct a systematic content analysis of Halal measures as a trade concern in the work of the Sanitary and Phytosanitary Measures and the Technical Barriers to Trade Committees, by analysing notifications of domestic Halal measures and Specific Trade Concerns raised. On this basis, we identify the five most pressing trade concerns relating to Halal measures in International Economic Law.
Naturalism, Disease, and Levels of Functional Description
Authors: Varga Somogy , Gray David Miguel
Published: January 2022

The paper engages Christopher Boorse’s Bio-Statistical Theory (BST). In its current form, BST runs into a significant challenge. For BST to account for its central tenet—that lower-level part-dysfunction is sufficient for higher-level pathology—it must provide criteria for how to decide which lower-level parts are the ones to be analyzed for health or pathology. As BST is a naturalistic theory, such choices must be based solely on naturalistic considerations. An argument is provided to show that, if BST is to be preserved, such parthood choices are based on non-naturalistic considerations. We demonstrate that even when parthood choices are based on the best way to preserve BST, there are counterintuitive results which bring the central tenet of BST into question.
Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.6: Freedom from Slavery
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter focuses on Article 6 of the American Convention on Human Rights (ACHR), which protects one of the most important values in modern international human rights law, that is, the freedom from slavery. Article 6 is structured in three paragraphs that reflect the difficulty to draw the line between absolutely prohibited practices (slavery, involuntary servitude, trafficking, slave trade, forced and compulsory labor) and other forms of duties that might not be considered as forbidden (detainee’s work, military service, civic obligations, and so on). Therefore, the first paragraph contains a rule of absolute prohibition—or put positively, a rule of absolute protection of persons, with a special reference to women. The second and the third paragraphs delimit the scope of the prohibition. Paragraph 2 affirms the exception of forced labor “imposed by a competent court”; while Paragraph 3 enumerates four situations of compulsory work that do not constitute a prohibited conduct under Paragraph 1.
Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.8: Right to a Fair Trial
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter assesses Article 8, the right to a fair trial, of the American Convention on Human Rights (ACHR). Article 8 of the ACHR is based on a dual structure. The first paragraph of the provision applies to all kinds of proceedings and provides rights and guarantees to “every person,” regardless of the nature—criminal, civil, labor, fiscal, “or any other nature” of the matters dealt with by the tribunals. However, the following Paragraphs 2, 3, 4, and 5 are focused on criminal proceedings; they offer a specific protection to persons suspected of, accused of, or condemned for a criminal offense. In addition to the rules of fair trial protected by Article 8 of the ACHR, several provisions of the ACHR provide for special judicial guarantees for persons to ensure and guarantee their rights and freedoms. These include the right to a remedy in case of arrest or detention under Article 7-6 of the ACHR and the right to an effective remedy under Article 25 for any violation of the rights and freedoms enshrined in domestic law or in the ACHR. Although silent on judicial guarantees, Article 19 of the ACHR (special protection of children) has also close ties with Article 8.
Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.21: Right to Property
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter details Article 21 of the American Convention on Human Rights (ACHR), which protects the right to private property. Article 21 of the ACHR is structured in three paragraphs that aim at protecting existing private property. The first paragraph provides that everyone has the right to the use and enjoyment of their property and admits that the law may subordinate the use and enjoyment of the property to “social interest.” Although no one shall be deprived of their property, the second paragraph authorizes restrictions under three conditions: upon payment of just compensation; for reasons of public utility or social interest; and in the cases and according to the forms established by law. Finally, Paragraph 3 specifically requires that usury and other forms of exploitation are prohibited by law.
Part I State Obligations and Rights Protected, Ch.IV Suspension of Guarantees, Interpretation, and Application, Art.30: Scope of Restrictions
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter reviews Article 30, which contains the general rules applicable to restrictions of rights and freedoms enshrined in the American Convention on Human Rights (ACHR). The provision must be read and understood in light of the restriction rules provided by specific articles of the Convention, such as Article 11 (Right to Privacy) or Article 13 (Freedom of Thought and Expression). The Inter-American Court has considered that Article 30 cannot be understood as “a kind of general authorization to establish new restrictions to the rights protected by the Convention, additional to those permitted under the rules governing each one of these.” Instead, Article 30 aims at imposing “additional requirement to legitimize individually authorized restrictions.” Ultimately, conditions of legality, legitimacy, and necessity shall be met to restrict a right or a freedom protected by the ACHR.
Part II Means of Protection, Ch.VII Inter-American Commission on Human Rights, s.2 Functions, Article 41
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter describes Article 41 of the American Convention on Human Rights (ACHR). Article 41 of the ACHR establishes the main function of the Inter-American Commission of Human Rights as “to promote respect for and defense of human rights.” Within that mandate, the Commission is entrusted with specific powers. Article 41 lists these seven main functions and powers, which are quite broad and go far beyond the functions that could have been attributed to a treaty body. Indeed, Article 41 is similar in content to Article 18 of the Statute of the Inter-American Commission, which determines the Commission's powers with respect to all members of the Organization of American States.
Part II Means of Protection, Ch.VII Inter-American Commission on Human Rights, s.3 Competence, Article 44
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter reviews Article 44 of the American Convention on Human Rights (ACHR). Article 44 of the ACHR is one of the core provisions of the Inter-American Human Rights complaint mechanism. It determines the standing of the individual petitioners (jus standi) before the Inter-American Commission on Human Rights and recognizes two procedural rights of action: the international procedural right to denounce and the international procedural right to complain. The distinction between the types of actions is important. The right to denounce is open in favor of a vast scope of beneficiaries and is closely linked to the concept of collective guarantee, while the right to complain is more strictly recognized in favor of the alleged victim of a violation of their rights by a State Party. Article 44 explains that the ACHR is a fertile ground for actions similar to actio popularis, allowing anyone and any group of persons to act in order to ensure the collective guarantee of the ACHR.
Part II Means of Protection, Ch.VII Inter-American Commission on Human Rights, s.4 Procedure, Article 48
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter investigates Article 48 of the American Convention on Human Rights (ACHR). Article 48 of the ACHR is dedicated to the procedural aspects of litigation of the Inter-American Commission on Human Rights. Article 48 spells out some aspects of the procedural sequences for processing petitions and communications before the Inter-American Commission, particularly when, after its initial review, it considers the complaint to be pre-admissible. Indeed, Article 48 applies to “petition or communication admissible,” given that under Article 47 of the Convention, the Commission has the procedural duty to screen out the complaints that do not meet the admissibility requirements. In litigation proceedings, the Inter-American Commission is responsible for determining and verifying the positions of the parties and the factual elements of the case.
Part II Means of Protection, Ch.VIII Inter-American Court of Human Rights, s.1 Organization, Article 52
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter looks at Article 52 of the American Convention on Human Rights (ACHR), which is devoted to the Inter-American Court. The Inter-American Court is designed by Article 33 of the Convention as one of the two bodies in charge of the “matters relating to the fulfillment of the commitments made by the States Parties to the Convention.” Article 52 of the ACHR describes the composition of the Court, that is, seven judges, as well as the conditions and prerequisites for eligibility, in terms of nationality and qualifications. The provision cannot be detached from the following two provisions: Article 53 lays down the voting rules for election, while Article 54 sets out the duration and the number of terms of office a judge is entitled to. Article 52 may also be read in conjunction with Article 71 of the ACHR and Article 18 of the Statute of the Inter-American Court, which establish and clarify incompatibilities with the mandate of a judge.
Part II Means of Protection, Ch.VIII Inter-American Court of Human Rights, s.1 Organization, Article 53
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter assesses Article 53 of the American Convention on Human Rights (ACHR). The purpose of Article 53 of the ACHR is to clarify the voting procedure for the election of judges to the Inter-American Court. The provision is therefore intrinsically linked to Article 52, which sets out the objective conditions for eligibility. It is also related to Article 54 dedicated to the mandate per se. The provision is further supplemented by Articles 6 to 9 of the Statute of the Inter-American Court. Article 53 illustrates the fact that as with other international courts and bodies, the questions of elections of judges and voting are mainly state-centric issues, exclusively controlled by the States Parties to the ACHR.
Part II Means of Protection, Ch.VIII Inter-American Court of Human Rights, s.1 Organization, Article 57
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter studies Article 57 of the American Convention on Human Rights (ACHR). Article 57 of the ACHR deals with the procedural status of the Inter-American Commission on Human Rights before the Inter-American Court. It addresses the crucial question of the procedural role of the Commission in the judicial litigation procedure. Therefore, Article 57 is closely linked to Article 61 of the ACHR, which designates the entities—States Parties and the Commission—entitled to refer cases to the Court. One of the differences between the two articles is that Article 61 provides to the Commission an option to refer the matter to the Commission, while Article 57 imposes a procedural obligation to the Commission. The Commission cannot choose not to appear before the Court.
Part II Means of Protection, Ch.VIII Inter-American Court of Human Rights, s.1 Organization, Articles 58 and 59
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter explains Articles 58 and 59 of the American Convention on Human Rights (ACHR). Article 58 of the ACHR deals with essential and fundamental aspects of the proper functioning of the Inter-American Court. It addresses the question of the choice of the seat of the Court and that of its Secretary. Article 59 concerns more generally the Secretariat of the Court under the direction of the Secretary, and the relationship with the Secretary-General of the Organization of American States (OAS). Although they seem to address mainly logistical and administrative issues, Articles 58 and 59 are crucial for the Inter-American Court. Unlike the International Court of Justice or the European Court of Human Rights, the judges do not sit on a permanent basis in San José. The terms of the judges are limited by Article 54 of the ACHR. Therefore, they could effectively and efficiently perform their mandate in the absence of a stable and competent body, to ensure the continuity and stability of the Inter-American Tribunal's operations.
Part II Means of Protection, Ch.VIII Inter-American Court of Human Rights, s.2 Jurisdiction and Functions, Article 61
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter discusses Article 61 of the American Convention on Human Rights (ACHR). Article 61 of the ACHR is dedicated to the jurisdiction and functions of the Inter-American Tribunal. The provision addresses two fundamental procedural issues. The first paragraph lists the entities that are entitled to act before the Court (jus standi), namely, the States Parties to the ACHR and the Inter-American Commission on Human Rights. The second paragraph specifies the manner in which this right of action is be implemented. Both the State concerned and the Commission must first exhaust the procedural mechanisms described in Articles 48 to 50, before referring the matter to the Court. This means that, unlike in European Court of Human Rights, the Inter-American Tribunal is not directly accessible to the entities (States or Commission) entitled to bring cases before it. This also means that it is not directly accessible to individual petitioners.
Part II Means of Protection, Ch.VIII Inter-American Court of Human Rights, s.3 Procedure, Article 68
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter assesses Article 68 of the American Convention on Human Rights (ACHR). Article 68 of the ACHR lays down an essential quality of the judgments adopted by the Inter-American Court, namely, that they are binding on the States Parties to the litigation. As a result, the latter have an obligation to respect and implement, an obligation whose customary nature in international law is constantly stressed by the inter-American Tribunal. Legal acts produced by the Inter-American Court as a result of complaints filed by individuals under Article 44 of the ACHR or, as the case may be, by States on the basis of Article 45, and that are brought under Article 61 of the ACHR are therefore judicial acts that are binding on the defendant State, and not mere recommendations or opinions addressed to them. Judgments have the force of res judicata, with effect inter partes.
Part II Means of Protection, Ch.VIII Inter-American Court of Human Rights, s.3 Procedure, Article 69
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter addresses Article 69 of the American Convention on Human Rights (ACHR). Article 68 of the ACHR establishes an important rule for the proper administration of justice. It addresses the manner in which the Inter-American Court's judgments are brought to the attention of the parties, that is, through written notification. The latter clarification is not found in the letter of Article 69 itself but is inferred from the Rules of Procedure of the Inter-American Court (Article 67-1 and Article 67-2). Notification is therefore a procedural element which makes it possible to give publicity to the Court's judgments among the parties—Article 69 thus places a procedural obligation on the Court—but it is also closely related to other fundamental provisions of the Convention. In practice, there is a time difference ranging from a few days to two or three months between the time when the Court makes its judgment public erga omnes and the time when it is notified to the parties.
Part II Means of Protection, Ch.IX Common Provisions, Article 73
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter explains Article 73 of the American Convention on Human Rights (ACHR). Article 73 of the ACHR addresses the key question of the disciplinary regime applicable to members of both the Inter-American Commission of Human Rights and the Inter-American Court. The balance established by the provision consists to giving the Organization of American States (OAS) General Assembly the formal authority to impose a disciplinary sanction on a member of the Commission or a judge of the Court, but only at the request of these organs. This is a fundamental safeguard of the independence of the two human rights bodies and their respective Secretariats, allowing them a protection from pressure from OAS member States (in the case of the Commission) or States Parties to the ACHR (in the case of the Court). Article 73 constitutes, by its very content, a guarantee of the proper functioning of the organs, and as such, the provision is innovative when compared to what is provided for other international courts.
Part III General and Transitory Provisions, Ch.X Signature, Ratification, Reservations, Amendments, Protocols, and Denunciation, Article 75
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter discusses Article 75 of the American Convention on Human Rights (ACHR). The ACHR contains a provision on the faculty of States parties to formulate reservations. Its Article 75 is very brief and has no autonomous content. Article 75 of the ACHR refers to the Vienna Convention on the Law of Treaties between States (VCLT), which was adopted a few weeks before the ACHR, on May 23, 1969. Therefore, Articles 19 to 23 of the VCLT, which deal with reservations to treaties constitute the legal framework set out in Article 75 of the ACHR. From this point of view, Article 75 of the ACHR differs from Article 57 of the European Convention on Human Rights (ECHR). Indeed, the inter-American provision leaves greater room for discretion to States and respects international practice, which classically grants them an important conventional freedom.
Part III General and Transitory Provisions, Ch.XI Transitory Provisions, Articles 79–82
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter evaluates Articles 79–82 of the American Convention on Human Rights (ACHR). Chapter XI closes the text of the ACHR and contains four articles on “Transitional Provisions.” These are divided into two sections. One section is devoted to the Inter-American Commission of Human Rights and the other to the Inter-American Court. They are of purely historical interest, since they were intended to organize the installation of the two protection bodies when the ACHR would come into force. The provisions are therefore not the subject of a separate commentary, but their content and the manner they were discussed during the preparatory work call for a number of common remarks. First, Chapter XI has the fundamental function of organizing the installation of the Commission and the Court in concrete terms the manner in which the members are to be nominated by the States and elected by the OAS General Assembly, all of which is handled by the OAS Secretary-General. Second, this installation raises a question of time, which is regulated in the same way for the Commission and the Court by Chapter XI.
Marketing Communications and the Digital Single Market
Authors: Goanta Catalina , Louisse Marije , Ortolani Pietro
Published: January 2022

This chapter studies marketing communications and the Digital Single Market. The regulation of online crowdfunding advertisement is particularly challenging for two interrelated reasons. First, it plays a key role in the protection of weaker parties (such as non-professional investors), both at the national and EU level. Second, this phenomenon highlights the rising regulatory role of web platforms (such as social media networks) which enable and moderate advertisement. The chapter analyses these challenges and the relevance of Articles 27 and 28 of the Crowdfunding Regulation. Articles 27 and 28 are applicable not only to the crowdfunding service providers’ advertisement aimed at investors, but also to communications of CSPs towards project owners.
Declarations of War and Neutrality
Authors: Clapham Andrew
Published: January 2022

This chapter looks at the institution of a Declaration of War and the rights and obligations associated with neutrality. Declarations of War, and the question of who is entitled to make them, remain significant in some circumstances. In particular they create expectations that other states may choose to declare their Neutral Status. The chapter separates out formal Neutral Status from non-belligerency and the rights and obligations that attach to such non-participating states. It is argued that while some rights and obligations apply to all non-participating states, the older rights and obligations applicable to Neutral Status only apply where a state expressing an explicit intention to acquire Neutral Status under international law. Switzerland’s particular permanent neutrality is examined and explained in the context of conflicts such as the conflicts in the Gulf in 1991 and 2003 and with regard to UN authorized use of force. The rights of a belligerent towards neutral shipping on the high seas and in the context of blockade are touched on but dealt with in more detail in Chapter 8. It is suggested that there should no longer be any international law Belligerent Right to attack or seize neutral shipping or goods in the context of breach of blockade.