bluuebunny/crossref_metadata_2025 huggingface dataset:
Consensus Statement on Managing Anxiety and Depression in Individuals with Inflammatory Bowel Disease
Authors: Hinnant Laurie , Rios Villacorta Nicholas , Chen Eliza , Bacchus Donna , Dotson Jennifer , Greywoode Ruby , Keefer Laurie , Lupe Stephen , Maggs Leah , Meek Garrett , Szigethy Eva , Tomasino Kathryn , Ehrlich Orna G , Ehle Sylvia
Published: August 2024

Background

Studies have found a higher risk of comorbid anxiety and depression among patients with inflammatory bowel disease (IBD) compared with healthy individuals. If left untreated, comorbid depression and anxiety in patients with IBD can lead to poorer health outcomes and an increased healthcare utilization. The goal of this work was to develop a consensus statement to begin to address patient and provider needs and responsibilities related to screening and treatment of depression and anxiety symptoms among patients with IBD.

Methods

A literature scan was conducted to gather evidence-based background information and recommendations on the screening, diagnosis, and treatment of anxiety and depression in patients with IBD. This was followed by the engagement of a panel of IBD and mental health experts and patient advocates using a modified Delphi process to synthesize the literature and distill the information into a core set of statements to support provider actions and care delivery.

Results

Six statements were distilled from the literature and consensus process that link to the general management, screening, and treatment of anxiety and depression in patients with IBD.

Conclusions

Mental healthcare and support for IBD patients is critical; the statements included in this article represent practical considerations for IBD healthcare professionals in addressing key issues on provider awareness, knowledge and behaviors, screening and treatment resources, and patient education.
Spines and Inclines: Bioinspired Spines on an Insect-Scale Robot Facilitate Locomotion on Rough and Inclined Terrain
Authors: Hernandez Alyssa M , Schiebel Perrin E , Shum Jennifer , Wood Robert J
Published: August 2024

Synopsis

To navigate complex terrains, insects use diverse tarsal structures (adhesive pads, claws, spines) to reliably attach to and locomote across substrates. This includes surfaces of variable roughness and inclination, which often require reliable transitions from ambulatory to scansorial locomotion. Using bioinspired physical models as a means for comparative research, our study specifically focused on the diversity of tarsal spines, which facilitate locomotion via frictional engagement and shear force generation. For spine designs, we took inspiration from ground beetles (family: Carabidae), which is a largely terrestrial group known for their quick locomotion. Evaluating four different species, we found that the hind legs host linear rows of rigid spines along the entire tarsus. By taking morphometric measurements of the spines, we highlighted parameters of interest (e.g., spine angle and aspect ratio) in order to test their relationship to shear forces sustained during terrain interactions. We systematically evaluated these parameters using spines cut from stainless steel shim attached to a small acrylic sled loaded with various weights. The sled was placed on 3D-printed models of rough terrain, randomly generated using fractal Brownian motion, while a motorized pulley system applied force to the spines. A force sensor measured the reaction force on the terrain, recording shear force before failure occurred. Initial shear tests highlighted the importance of spine angle, with bioinspired anisotropic designs producing higher shear forces. Using these data, we placed the best (50° angle) and worst (90° angle) performing spines on the legs of our insect-scale ambulatory robot physical model. We then tested the robot on various surfaces at 0°, 10°, and 20° inclines, seeing similar success with the more bioinspired spines.
The normative development of laws on asset preservation and confiscation: An examination of emerging best practices
Authors: Borlini Leonardo , Rose Cecily
Published: August 2024

The practice of international asset recovery appears to be in the process of moving beyond the provisions contained in the United Nations Convention against Corruption (UNCAC). These provisions were negotiated twenty years ago, and are now insufficient given the serious contemporary challenges involved in tracing, preserving, confiscating, and returning assets. This article focuses on the limitations of UNCAC’s provisions concerning the preservation and confiscation of foreign assets. These limitations, and the need for progressive development, appear to have been recognized by the UNCAC Review Mechanism, which monitors the implementation of UNCAC by states parties. The Review Mechanism has begun encouraging states parties to adopt “good practices” that go beyond UNCAC’s minimum requirements. In doing so, however, the Review Mechanism has not offered guidance on how exactly states parties ought to go about implementing the best practices that they have identified. The asset recovery laws of Canada, Switzerland, and the United Kingdom demonstrate the need for further consideration of how domestic asset recovery laws ought to be developed. These laws highlight some of the difficult issues raised by more flexible, informal, and rapid forms of international cooperation in the asset recovery context. In particular, they underscore the challenges involved in balancing the general, public interest in combating corruption and recovering stolen assets with respect for and protection of human rights.
Short-term power grid load forecasting based on VMD-SE-Bilstm-Attention hybrid model
Authors: Zhong Bin , Yang Liu , Li Bingruo , Ji Ming
Published: August 2024

Short-term power load forecasting helps to maintain the equilibrium between the generation and consumption of power, and is also directly related to the supply and demand balance with regard to the power grid and operating costs, thus ensuring the reliable and effective functioning of the electric power system. The traditional single prediction method has poor fitting effect in the face of non-smooth, non-linear fluctuations in the load sequence, resulting in low prediction precision. It is imperative that the aforementioned issues are addressed. This paper puts forth a proposal of a combined prediction method based on the variable modal decomposition combined with the sample entropy and the attention mechanism of the bidirectional long- and short-term memory network. At the beginning of the whole, the VMD is used to decompose the original power sequence into multiple sub-sequences and into components with different frequencies, then the SE values of the original load and modal components are compared and reconstructed into smooth and fluctuating components to reduce the scale of the operation. The different modes are predicted separately by the Bilstm network with consideration of the affecting parameters such as temperature, weather, humidity, and data type, and finally combined with the Attention Mechanism to further explore the correlation within the data to reconstruct and sum the predicted different modal components as the prediction result. Experiments were produced to contrast the prediction results of different models with the actual load of a regional electricity market in the southwestern United States; the models in this paper all achieved better prediction results.
Can competition law save democracy? Reflections on democracy’s tech-driven decline and how to stop it
Authors: Ezrachi Ariel , Robertson Viktoria H S E
Published: August 2024

Digital technologies and platforms have brought a much-needed plurality to communications and the press, but have also opened the door to increased manipulation, misinformation, and distortion in the marketplace of ideas. The worrying erosion of citizens’ autonomy has progressively intensified with the evolution of certain business models. This article explores the ways in which the digital economy contributes to distortion of information, and the role competition law may play in safeguarding democracy.
Biochemical characterizations of the central fragment of human Reelin and identification of amino acid residues involved in its secretion
Authors: Kohno Takao , Nakagawa Ikuma , Taniguchi Airi , Heng Fang , Hattori Mitsuharu
Published: August 2024

Secreted protein Reelin is implicated in neuropsychiatric disorders and its supplementation ameliorates neurological symptoms in mouse disease models. Recombinant human Reelin protein may be useful for the treatment of human diseases, but its properties remain uncharacterized. Here, we report that full-length human Reelin was well secreted from transfected cells and was able to induce Dab1 phosphorylation. Unexpectedly, the central fragment of human Reelin was much less secreted than that of mouse Reelin. Three residues in the sixth Reelin repeat contributed to the secretion inefficiency, and their substitutions with mouse residues increased the secretion without affecting its biological activity. Our findings help efficient production of human Reelin protein for the supplementation therapy.
Genomic structural variations link multiple genes to bone mineral density in a multi-ethnic cohort study: Louisiana osteoporosis study
Authors: Su Kuan-Jui , Qiu Chuan , Greenbaum Jonathan , Zhang Xiao , Liu Anqi , Liu Yong , Luo Zhe , Mungasavalli Gnanesh Shashank Sajjan , Tian Qing , Zhao Lan-Juan , Shen Hui , Deng Hong-Wen
Published: August 2024

Osteoporosis, characterized by low BMD, is a highly heritable metabolic bone disorder. Although single nucleotide variations (SNVs) have been extensively studied, they explain only a fraction of BMD heritability. Although genomic structural variations (SVs) are large-scale genomic alterations that contribute to genetic diversity in shaping phenotypic variations, the role of SVs in osteoporosis susceptibility remains poorly understood. This study aims to identify and prioritize genes that harbor BMD-related SVs. We performed whole genome sequencing on 4982 subjects from the Louisiana Osteoporosis Study. To obtain high-confidence SVs, the detection of SVs was performed using an ensemble approach. The SVs were tested for association with BMD variation at the hip (HIP), femoral neck (FNK), and lumbar spine (SPN), respectively. Additionally, we conducted co-occurrence analysis using multi-omics approaches to prioritize the identified genes based on their functional importance. Stratification was employed to explore the sex- and ethnicity-specific effects. We identified significant SV-BMD associations: 125 for FNK-BMD, 99 for SPN-BMD, and 83 for HIP-BMD. We observed SVs that were commonly associated with both FNK and HIP BMDs in our combined and stratified analyses. These SVs explain 13.3% to 19.1% of BMD variation. Novel bone-related genes emerged, including LINC02370, ZNF family genes, and ZDHHC family genes. Additionally, FMN2, carrying BMD-related deletions, showed associations with FNK or HIP BMDs, with sex-specific effects. The co-occurrence analysis prioritized an RNA gene LINC00494 and ZNF family genes positively associated with BMDs at different skeletal sites. Two potential causal genes, IBSP and SPP1, for osteoporosis were also identified. Our study uncovers new insights into genetic factors influencing BMD through SV analysis. We highlight BMD-related SVs, revealing a mix of shared and specific genetic influences across skeletal sites and gender or ethnicity. These findings suggest potential roles in osteoporosis pathophysiology, opening avenues for further research and therapeutic targets.
Causal inference in health and disease: a review of the principles and applications of Mendelian randomization
Authors: Lovegrove Catherine E , Howles Sarah A , Furniss Dominic , Holmes Michael V
Published: August 2024

Mendelian randomization (MR) is a genetic epidemiological technique that uses genetic variation to infer causal relationships between modifiable exposures and outcome variables. Conventional observational epidemiological studies are subject to bias from a range of sources; MR analyses can offer an advantage in that they are less prone to bias as they use genetic variants inherited at conception as “instrumental variables”, which are proxies of an exposure. However, as with all research tools, MR studies must be carefully designed to yield valuable insights into causal relationships between exposures and outcomes, and to avoid biased or misleading results that undermine the validity of the causal inferences drawn from the study. In this review, we outline Mendel’s laws of inheritance, the assumptions and principles that underlie MR, MR study designs and methods, and how MR analyses can be applied and reported. Using the example of serum phosphate concentrations on liability to kidney stone disease we illustrate how MR estimates may be visualized and, finally, we contextualize MR in bone and mineral research including exemplifying how this technique could be employed to inform clinical studies and future guidelines concerning BMD and fracture risk. This review provides a framework to enhance understanding of how MR may be used to triangulate evidence and progress research in bone and mineral metabolism as we strive to infer causal effects in health and disease.
Osteoclast indices in osteogenesis imperfecta: systematic review and meta-analysis
Authors: Aksornthong Sirion , Patel Priyesh , Komarova Svetlana V
Published: August 2024

Osteogenesis imperfecta (OI) is a rare bone fragility disorder caused by mutations in genes encoding collagen type I or that affect its processing. Alterations in osteoclasts were suggested to contribute to OI pathophysiology. We aimed to systematically identify studies reporting measures of osteoclast formation and function in patients and mouse models of OI, to quantify OI-induced changes. The systematic search of Medline, Ovid, and Web of Science identified 798 unique studies. After screening, we included 23 studies for meta-analysis, reporting osteoclast parameters in 310 patients with OI of 9 different types and 16 studies reporting osteoclast parameters in 406 animals of 11 different OI mouse models. The standardized mean difference with 95% confidence interval (CI) was used as the effect size, and random-effects meta-analysis was performed. In patients with OI, collagen degradation markers were significantly higher compared with age-matched controls, with an effect size of 1.23 (CI: 0.36, 2.10]. Collagen degradation markers were the most elevated in the 3- to 7-year-old age group and in patients with more severe forms of OI. Bone histomorphometry demonstrated the trends for higher osteoclast numbers (1.16; CI: −0.22, 2.55) and osteoclast surface (0.43; CI: −0.63, 1.49), and significantly higher eroded surface (3.24; CI: 0.51, 5.96) compared with age-matched controls. In OI mice, meta-analysis demonstrated significant increases in collagen degradation markers (1.59; CI: 1.07, 2.11), in osteoclast numbers (0.94; CI: 0.50, 1.39), osteoclast surface (0.73; CI: 0.22, 1.23), and eroded surface (1.31; CI: 0.54, 2.08). The largest differences were in OI mice with the mutations in Col1a1 and Col1a2 genes. There were no differences between males and females in clinical or animal studies. Quantitative estimates of changes in osteoclast indices and their variance for patients with OI are important for planning future studies. We confirmed that similar changes are observed in mice with OI, supporting their translational utility.
Improving electronic health record documentation and use to promote evidence-based pediatric care
Authors: Till Lance , Leis Julie , McCombs-Thornton Kimberly , Lee Helen , Reinhart Shauna , Valado Trenna , Briggs Rahil , Bushar Jessica , Fritz Laila
Published: August 2024

Objective

Electronic health records (EHRs) often lack the necessary functionalities to support the full implementation of national clinical guidelines for pediatric care outlined in the American Academy of Pediatrics Bright Futures Guidelines. Using HealthySteps (HS), an evidence-based pediatric primary care program, as an exemplar, this study aimed to enhance pediatric EHRs, identify facilitators and barriers to EHR enhancements, and improve data quality for delivering clinical care as part of HS implementation and evidence building.

Methods

Three HS sites—each differing in location, setting, number of children served, and mix of child insurance coverage—participated in the study. Sites received technical assistance to support data collection and EHR updates. A comprehensive evaluation, including a process evaluation and outcomes monitoring, was conducted to gauge progress toward implementing study data requirements over time. Data sources included administrative records, surveys, and interviews.

Results

All sites enhanced their EHRs yet relied on supplemental data systems to track care coordination. Sites improved documentation of required data, demonstrating reductions in missing data and increases in extractable data between baseline and follow-up assessments. For example, the percentage of missing social-emotional screening results ranged from 0% to 8.0% at study conclusion. Facilitators and barriers to EHR enhancements included organizational supports, leadership, and capacity building.

Conclusions

With significant investment of time and resources, practices modified their EHRs to better capture services aligned with HS and Bright Futures. However, more scalable digital solutions are necessary to support EHR updates to help drive improvements in clinical care and outcomes for children and families.
Hepatitis B Virus Treatment in Children: Common Challenges and Management Options in a Case-Based Format
Authors: Ravanbakhsh Naseem , Rivera Campana Andres , Chapin Catherine , Jhaveri Ravi
Published: August 2024

The management of hepatitis B virus (HBV) in pediatrics presents many challenges, given the potential sequelae of untreated infection including hepatic fibrosis, cirrhosis, and malignancy, and a lack of clear guidance on the timing of treatment initiation. The goal of this review is to feature common clinical scenarios that occur in the evaluation and treatment of HBV infection in children. Each vignette presents an opportunity to discuss guidelines and evidence-based practices as well as review landmark studies and evolving practices.
Cognitive effects of altitude exposure
Authors: Burtscher Johannes , Gassmann Max , Ehrenreich Hannelore , Hüfner Katharina , Kopp Martin , Burtscher Martin
Published: August 2024

It is a common misconception that cognitive function is impaired in a linear fashion by declining oxygen availability (e.g. at altitude). While this may apply for prolonged exposures to high altitudes (>2500 m), moderate altitude (1500–2500 m) or short intermittent hypoxic episodes can even be beneficial for the brain.
Streamlining malaria prevention recommendations for travellers: current and future approaches
Authors: McGuinness Sarah L , Veit Olivia , Angelin Martin , Antonini Pietro , Boecken Gerhard , Boering Margarita , Bühler Silja , Calleri Guido , Éperon Gilles , Flaherty Gerard , Gossner Céline , Askling Helena H , Holmberg Ville , Kuenzli Esther , Landry Pierre , Lefevre Eva , Libman Michael , Longley Nicky , Maniewski-Kelner Ula , Neumayr Andreas , Rapp Christophe , Ridpath Alison D , Rodriguez-Valero Natalia , Rosdahl Anja , Rosenbusch Deike , Rossanese Andrea , Rothe Camilla , Schlagenhauf Patricia , Soentjens Patrick , Staehelin Cornelia , Visser Jenny , Visser Leo , Wagner Angelika , Walker Allison , Wiedermann Ursula , Wroczynska Agnieszka , Hatz Christoph
Published: August 2024

This paper discusses challenges in formulating and harmonizing malaria prevention recommendations for travellers. It explores diverse approaches used by advisory groups to assess malaria risk and shares insights from the 2023 International Expert Committee for Travel Medicine meeting. It also explores future prospects for enhancing malaria prevention recommendations for travellers.
A market correction mechanism regulation as a consequence of the 2021–2023 energy crisis
Authors: Priem Randy
Published: August 2024

This article discusses the impact of the energy crisis, as a consequence of the Russian–Ukrainian conflict, on commodity derivatives trading regulation in Europe. More specifically, as a consequence of elevated and highly volatile gas futures prices, European legislators introduced a market correction mechanism (MCM) regulation on 22 December 2022, which came into effect on 15 February 2023. This article provides a detailed discussion of the MCM regulation and puts forward possible adverse scenarios in case of government intervention. This article also discusses the daily LNG price assessments and benchmark that the Agency for the Cooperation of Energy Regulators needs to publish for the MCM to function properly.
Introduction to IP and Anti-Monopoly Legislation and Practice in China
Authors: Kokkoris Ioannis , Maniatis Spyros , Gao Yajie
Published: August 2024

This introductory chapter discusses how there has been a transformation within China's Intellectual Property (IP) law enforcement as well as numerous other IP-related regulations. In addition, other more general laws have been amended or are under reform with important implications for global IP enforcement. The civil procedure law was also recently amended, with potentially important repercussions for IP rights holders, particularly in terms of provisional measures for trade secrets. Furthermore, since law enforcement responsibilities of trademark and patent shall also be borne by the comprehensive legal enforcement team of the State Administration for Market Regulation, the chapter argues that it would be more efficient for IP-related and competition-related legislation and enforcement to go hand in hand in the future.
The Economics of Competition Law: Relevant Market and Market Power
Authors: Lianos Ioannis , Korah Valentine , Siciliani Paolo
Published: August 2024

This chapter discusses the economics of competition law, with particular emphasis on the role of market and market power. It begins with an analysis of competition from an economic perspective, taking into account the meaning of competition, the importance of the concept of market power, and competition in relation to the nature of strategic interaction. It then considers the conceptual foundations of welfare economics, the factors of production and commodification, the distinction between firms and consumers, monopoly vs. perfect competition, and the social costs of market power. It also reviews the history and many dimensions of market definition, the concept and function of market definition in EU and UK competition law, substitutability and the Hypothetical Monopolist Test, the ‘Cellophane Fallacy’ and ‘Reverse-Cellophane Fallacy’, aftermarkets, and brands and product differentiation. Finally, the chapter provides an overview of barriers to entry and/or expansion and the future of market definition.
National Security and FDI Screening in the EU
Authors: Kokkoris Ioannis
Published: August 2024

The chapter looks at national security considerations in European merger control. It begins by illustrating the way in which the EUMR gives room to public-interest considerations. The chapter describes the tools available to Member States to obstruct cross-border transactions, then moves on to examine the EU Commission’s decisional practice in the area. The analysis encompasses a diverse range of cases in which EU Member States have taken measures to safeguard interests including energy security, national sovereignty, and technological autonomy. The tensions are palpable as governments grapple with the task of balancing their strategic interests with the principles of open markets and cross-border business. This balancing act is further complicated by the fact that public interest considerations, though pivotal, may diverge between nations. Finally, the chapter presents the Commission’s two legislative initiatives for the screening of FDI and for the regulation of foreign subsidies.
Civil Jurisdiction and Judgments in Europe
Authors: Hartley Trevor C
Published: August 2024

This book contains a study of three legal instruments on civil jurisdiction and judgments: the Brussels I Regulation (2012 version), the Lugano Convention (2007 version), and the Hague Choice of Court Convention. A feature all three instruments have in common is that, as far as the Member States of the European Union are concerned CJEU, the final word on their interpretation lies with the Court of Justice of the European Union (CJEU). They thus have a certain unity— a unity of function (the international regulation of civil litigation) and a unity of interpretation. This leads to common features, features which make it appropriate to treat them together as constituting different aspects of a single subject. The book identifies the legal principles that lie behind the individual provisions of the instruments and provides a clear and systematic explanation of their operation, based on what the instruments are trying to achieve and the legal concepts through which it is intended that these objectives will be attained. Every branch of the law tries to balance different objectives and uses different principles and concepts to do so. This is as true in the area of international litigation as in other areas. An important feature of the book, therefore, is to show how these different policies and principles interact to form a coherent system.
Cooperation through Central Authorities in the Area of Parental Responsibility and General Provisions
Authors: Wilderspin Michael
Published: August 2024

This chapter tackles the rules on cooperation concerning parental responsibility and general provisions. It notes Article 76’s designation of central authorities to assist with the Brussels IIb Regulation and specification of the geographical or functional jurisdiction of the aforementioned authorities. The rules primarily aim to improve the operation of the Regulation by developing communication between the courts and authorities in the Member States. Central authorities are mandated to communicate information surrounding national laws and cooperate with competent authorities while considering the usage of the European Judicial Network. Moreover, central authorities must meet regularly in an effort to facilitate the application of the Regulation.
Governing Law Risks in International Business Transactions
Authors: Wood Philip R
Published: August 2024

This book is about the advantages and the risks involved in the choice of law governing an international contract or other transaction, plus the accompanying choice of courts, in the fields of wholesale (non-consumer) financial, corporate, commercial, and insolvency law—broadly business law—on a comparative basis. The book discusses how to reduce legal risk by choice of law and courts. It proposes about seventy key indicators to rank the four main jurisdictions of England, New York, France, and Germany, together with their families of law numbering about 320 jurisdictions in the world, on thirteen risk tests. These include contract predictability, business orientation, freedom of contract, insolvency regimes, corporate law, regulatory law, courts, litigation, and other factors.
Corporate Law Indicators and Risks
Authors: Wood Philip R
Published: August 2024

This chapter discusses the role of choice of governing law and the main corporate transactions, and compares shares to bonds. It discusses risk mitigation techniques, summarises the key indicators of corporate law around the world, and examines the comparative law of the key indicators of financial assistance to buy own shares and director personal liability. It discusses other key indicators of corporate law, including the veil of incorporation, bankruptcy consolidation, subordination of shareholder loans, maintenance of capital, shareholder equality, minority protections, corporate governance, takeovers, and corporate guarantees. It lists the main corporate transactions and explains why the free choice of governing law has less of a role to play in the main corporate transactions. It explains that the risks are mitigated mainly by the formation of subsidiaries as opposed to a choice of governing law.
Interest in International Arbitration
Authors: Secomb Matthew
Published: August 2024

Interest plays a vital and increasing role in international arbitration proceedings, with almost every case having an element of interest involved. However, until now, the topic has received very little attention, meaning that arbitrators have had very little concrete foundation on which to judge decisions on interest awards. This book is the first authoritative guidance to address this, providing a uniform approach to the awarding of interest in international arbitration. The book aligns arbitrators' decisions with standard commercial practice, offering a practical and logical approach to how interest should be awarded. It sets out traditional approaches that arbitrators have followed in the past, such as using conflict of law to apply a statutory rate from a given law, or awarding instead a subjectively ‘reasonable’ rate, and examines how these inconsistent approaches have resulted in a variety of awards and decisions. The book uses this analysis as a basis for a uniform approach to the issue: granting compound interest at appropriate rates unless constrained by truly mandatory law. It sets out the calculation method, explores the benefits and limitations, and presents a thorough argument for the movement toward a uniform approach to interest awards.
European Union Law of State Aid
Authors: Bacon QC Kelyn
Published: August 2024

This book aims to provide a comprehensive description of the EU law of State aid, which covers all of the relevant legislation, case-law, and important decisional practice of the Commission in this field, as well as exploring the policy themes that have shaped the approach of the various EU institutions to State aid control. The book is divided into three sections: general rules, which include discussion of the definition of State aid and the compatibility assessment under the Treaties; specific types of aid, including the application of the General Block Exemption Regulation and sector-specific treatment of State aid rules; and a final section on enforcement of State aid rules and remedies for breach of State aid law. This third edition is published in the context of rapid changes to the legislation and case-law, after a process of State Aid Modernisation involving the review of most of the legislation and guidelines in the field of State aid. The new texts include a new GBER and De Minimis Regulation, the Commission’s Notice on the Notion of State aid, a new Procedural Regulation, various new horizontal aid guidelines (Rescue & Restructuring Guidelines, R&D&I Framework, Risk Finance Guidelines and Environmental and Energy Aid Guidelines), and new sectoral guidelines for aviation, cinemas, agriculture, and fisheries. The book is aimed primarily at practitioners, and its content is therefore presented in a concise and accessible style. Two new chapters have also been added, dealing with disaster aid and culture, heritage, sport, and local infrastructure respectively.
Non-Shareholder Voice in Bank Governance
Authors: Davies Paul , Hopt Klaus J
Published: August 2024

This chapter assesses the arguments for and against reforms which aim to make bank boards more sensitive to the risks of negative externalities in the bank’s operating model. It looks at mechanisms for increasing the influence on the board of two groups likely to suffer from the negative externalities of board failure, namely, society at large and creditors. Prudential supervisors are one obvious representative of the interests of society as a whole and a potential source of risk-averse influence on boards, since the prudential supervisor’s principal goal is the safety and soundness of the banking system. Possible additional or alternative sources of caution in relation to bank board decision-making are the holders of bank debt. The chapter then argues that it is important to consider to change the composition of the boards of the banks by giving interested non-shareholders a say or even a seat in the board.
Corporate Culture in the Governance of Financial Institutions
Authors: Zhu Shanshan , Ferrarini Guido
Published: August 2024

This chapter looks at the role of ethics and culture in the financial services industry as determinants of either good or bad behaviour. Because banks are run by human beings, one should know first how to fix people’s behaviour if one wants to understand how to fix banks. Therefore, governance models should be rather analysed with a focus on the organizational and cultural aspects of institutions. A proactive inclusion of cultural and ethical issues in banking supervision has been accomplished by the De Nederlandsche Bank (DNB), which was in 2010 the first banking supervisor globally to treat culture and behaviour as risk factors in supervision. At EU level, the European Banking Authority (EBA) Guidelines on common procedures and methodologies for the supervisory review and evaluation process (SREP) make reference to culture and ethics in banks.
Conflicts of Interest
Authors: Helleringer Geneviève , Skinner Christina
Published: August 2024

This chapter focuses on conflicts of interest in the retail space. Because of the structure of incentives, conflicts of interest situations regularly arise in the context of retail investment advice. As such, conflicts of interest have been the focal point of regulators' efforts to improve conduct in the retail investment space. In the United States, both the Securities and Exchange Commission (SEC) and the Department of Labor (DOL) have embarked on rulemaking projects to heighten and refine the fiduciary duties that investment advisors owe to retail clients — and, in particular, the duty of loyalty that dictates the identification and management of conflicts of interest. Similarly, as a result of the Financial Conduct Authority’s ‘Retail Distribution Review’, U.K. regulators have issued new guidance on how the investment adviser can best comply with his or her fiduciary duties.
Contractual Expropriation
Authors: Cox Johanne M
Published: August 2024

This chapter examines the concept of contractual expropriation. It considers various cases that affirm the principle that contract rights can be expropriated, including Chorzow Factory, Phillips Petroleum Company v Islamic Republic of Iran, Consortium RFCC v Morocco, Eureko BV v Poland, Vigotop Limited v Hungary, Impregilo S.p.A. v. Islamic Republic of Pakistan, Azurix Corp v the Argentine Republic, and Biwater Gauff (Tanzania) Ltd., v. United Republic of Tanzania. Other cases illustrate the distinction between breach of contract and expropriation, such as those brought by Canadian investors against Venezuela under the Canada–Venezuela BIT signed on 1 July 1996: for example, Vannessa Ventures Limited v Venezuela and Crystallex International Corporation v Venezuela.
Description of the Problem: Uniform Laws and Damages
Authors: Zeller Bruno
Published: August 2024

This introductory chapter provides an overview of the landscape in which any determination of damages takes place. Whenever a contract is being negotiated, each party attempts to identify and minimize the risks involved in the sale of goods. Several issues are important such as which law is to apply, and which jurisdiction is to be preferred. This is of importance as the question of minimizing damages in cases of a breach is tied up in the choice of a legal system. The problem is that as long as transnational laws are not ratified and importantly embraced by the business community, a truly seamless trade system will not eventuate despite the existence of a physical transnational supply network. The United Nations Convention on Contracts for the International Sale of Goods (CISG), despite perceived shortcomings, is still the only harmonised sales law as 85 countries have ratified the Convention.
Breach of Contract: An Overview
Authors: Zeller Bruno
Published: August 2024

This chapter examines some transnational generic contract law principles of remedial relief. Not all contracts run the intended course, and a breach will mostly likely result in damages to at least one party. The intention of the law is to secure the bargain, but this security is only as good as the ability of courts and tribunals to award appropriate remedies. The ability to award damages is an important economic function, and it is not surprising to find laws regulating the awarding of damages in a variety of legal documents. Indeed, the United Nations Convention on Contracts for the International Sale of Goods (CISG) has recognized that the awarding of damages is an important, if not the most important, remedy and structured its remedial system in such a way that damages can always be claimed irrespective of any other claims.
Article 74: A General Overview
Authors: Zeller Bruno
Published: August 2024

This chapter focuses on article 74 of the United Nations Convention on Contracts for the International Sale of Goods (CISG), which allows the aggrieved party to claim damages for any breach of a contract. Four general points need to be addressed to understand the consequences of a breach. The first point to note is that article 74 does not specify what types of losses are included in a claim of damages except loss of profit. Second, damages can be claimed only if a promisee is not in breach of any of the rules of the Convention. Third, consideration must be given to the fact that article 74 is in competition with other remedies pursuant to article 45. The fourth point is that article 74 contains what appears to be a simple formula for calculating damages. Under article 74, the calculation of damages can ‘only be based on maintenance and performance of the contract’.
Mitigation of Losses
Authors: Zeller Bruno
Published: August 2024

This chapter discusses the duty of a party relying on the breach of contract to mitigate the losses. Mitigation is a principle that is an obligation in the common law but not clearly defined in civil law. In arbitration practices, mitigation has become a general principle of international trade. The United Nations Convention on Contracts for the International Sale of Goods (CISG) has incorporated the doctrine of mitigation specifically into article 77, but the rule is also reflected in articles 85 and 86, which are concerned with the preservation of the goods after a breach. The idea behind article 77 is that the plaintiff cannot recover damages that he could have avoided but at the same time is obliged to return the goods in the similar or same state he received them.
Penalty Clauses and the CISG
Authors: Zeller Bruno
Published: August 2024

This chapter explores whether the issue of penalty clauses is within the mandate of the United Nations Convention on Contracts for the International Sale of Goods (CISG) or falls under the exception of article 4. Whether penalty clauses are governed by the CISG is still a controversial issue and hence unresolved. The issue is that in civil law, the court has discretion to either enforce a penalty clause or moderate it, when in common law, a penalty clause is unenforceable. The added difficulty of the CISG is the fact that it was constructed as a compromise between the civil and common law systems. As a result, differences between the two systems will, in some cases, present different solutions. As far as the CISG is concerned the main argument either for or against an inclusion of penalty clauses revolves around the interpretation of articles 4 and 74.
Introduction
Authors: Bamford Colin
Published: August 2024

The chapter introduces the subject by discussing the special nature of financial law and the markers that distinguish it from other areas of legal practice, and argues that financial law, although it usually is seen in detailed and very concrete form, is based on a number of established legal concepts. An understanding of legal rules in this area requires a deeper knowledge of the development of legal principles than is needed in many other areas. It then summarizes the characteristics of the topics selected for treatment in the later chapters.
Contracting Out
Authors: O’Sullivan Dominic
Published: August 2024

This chapter examines the freedom parties have to contract out of rescission for misrepresentation. It clarifies the impossibility to contract out of the right to rescind for duress. The right to rescind for non-fraudulent misrepresentation can be limited or excluded by an express provision of the agreement. The chapter then discusses the types of clauses that forbid rescission for non-fraudulent misrepresentation. A non-reliance clause takes effect when no party has entered an agreement with reliance on any representation of the other party. The chapter also expounds on the terms of contracting out under the Misrepresentation Act 1967 and the Consumer Rights Act 2015.
Commencement of the Arbitration (Articles 4 and 5, Schedule 1)
Authors: Moser Michael , Bao Chiann
Published: August 2024

Chapter 6 discusses the articles relevant to the commencement of the arbitration: Article 4 (Notice of Arbitration), Article 5 (Answer to the Notice of Arbitration) and Schedule 1—Registration and Administration Fees.
The Rome I Regulation on the Law Applicable to Contractual Obligations
Authors: McParland Michael
Published: August 2024

The Rome I Regulation applies to all EU Member States (except Denmark) in relation to ‘contractual obligations in civil and commercial matters’ in ‘situations involving a conflict of laws’ that arise out of contracts concluded from 17 December 2009. The Rome I Regulation has been described by the European Commission as ‘a central element of the Community acquis in the area of civil justice’. This book provides analysis on the development of the Rome I Regulation. It studies in detail the historical background, the legislative development, and the teleological purpose of the Regulation. Beginning with the work that led up to the 1972 Draft Convention and the much neglected original French rapporteur's commentary, the book traces developments in the text through the 1980 Convention, highlights the legislative developments that began with the 2003 Green Paper, the Commission's 2005 Proposal, and the subsequent negotiations that took place in the European Council and European Parliament that led to the final text of the Rome I Regulation itself. Particular emphasis is placed on highlighting the legislative intent reflected in the changes to the text of the draft Regulation that were made by the Civil Law Committee (Rome I) of the Council. The book marks out the borderline between the Rome I and Rome II Regulations, and considers in detail the application of the conflict-of-law rules in the Rome I Regulation to the specifically protected contracts such as consumer, insurance, carriage of passengers, and individual employment contracts.
The Right to Property, Foreign Judgments, and Cross-Border Property Disputes
Authors: Fawcett James J , Shúilleabháin Máire Ní , Shah Sangeeta
Published: August 2024

This chapter focuses on the impact of the right to property on English and EU rules of private international law. The right to property protects rights in land, moveable property, and intellectual property and may be engaged in commercial property transactions, State expropriation, inheritance laws, and the adjustment of property rights in family law proceedings. Article 1P1 has exerted relatively little influence on the development of English private international law. In cases where it might be instrumental, it is often not pleaded at all, and even where it is invoked by counsel, the courts have often shown little enthusiasm for exploring its potential impact. Moreover, there is no mention of the right to property in the preambles to the Brussels I Recast and Brussels II bis Regulations, even though both Regulations have the potential to interfere with an individual’s rights as protected by Article 1P1 and Article 17 CFREU.
Cartels and Proof of Cartels
Authors: Tuytschaever Filip , Agerbeek Felix Ronkes
Published: August 2024

The chapter discusses the constituent elements of a cartel, which are agreements or concerted practices between competitors aimed at certain restrictions of competition by object, such as price fixing or market sharing. It then turns to two interrelated topics, namely the burden and standard of proof in cartel investigations, which are discussed by Felix Ronkes Agerbeek (Legal Service, European Commission) from a public enforcer perspective and by Filip Tuytschaever (contrast, Brussels) from the angle of the private practitioner. Alleged cartel participants benefit from the presumption of innocence. The burden of proof lies with the Commission. To discharge its burden of proof, the Commission must comply with the standard of proof and adduce evidence firmly demonstrating the existence of facts constituting a cartel. The EU Courts accept that the Commission relies on certain evidentiary presumptions. The impact of these presumptions for private practitioners and public enforcers is discussed.
Overcoming Institutional and Political Limitations
Authors: Ioannidou Maria
Published: August 2024

This chapter focuses on the EU framework and the constitutional division of power between the EU and the Member States in order to determine whether the proposals encouraging consumer participation and promoting the ‘consumer interest’ in competition law enforcement articulated in previous chapters could be introduced via an EU legislative instrument. First, it briefly presents the proposals in the fields of private and public enforcement and underlines their common elements in the light of the fused approach to competition law enforcement. Following this, it explores whether the current Treaty framework permits the adoption of harmonized measures and places attention on the fact that, even if the legal hurdles involved in finding an adequate legal base were to be overcome, there remain important political limitations that would impede the adoption of the measures. Thus, the analysis seeks a workable alternative for the introduction of the proposals encouraging consumer involvement.
The Trans-European Transport Network (TEN-T)
Authors: Kotthaus Elisabeth
Published: August 2024

The smooth functioning of the Internal Market and the strengthening of economic, social, and territorial cohesion need also the seamless, safe, and sustainable mobility of persons and goods, ensuring accessibility and connectivity for all regions of the Union. This should be achieved by establishing interconnections and interoperability between national transport networks in a resource-efficient and sustainable way. The final chapter sets out the framework for EU support of transport infrastructure. The Trans-European transport network has developed from modest beginnings into an elaborate structure providing for a ‘core’ and a ‘comprehensive’ network. It supports the deployment of up-to-date transport connections between EU Member States, as well as with neighbouring countries, through common methodology, joint planning, and financial support. The TEN-T network is constructed through a delicate balance between EU and national authorities. The funding available under the Connecting Europe Facility reflects the European Union’s high financial commitment to this effort.