bluuebunny/crossref_metadata_2025 huggingface dataset:
Analysis and compensation of kinematic errors in a five-axis machine tool based on an internal data-driven method
Authors: Wu Junjie , Ji Yulei , Zhong Lei , Wang Yuhan
Published: August 2024

The increasing demand for highly efficient and precise machining in the aerospace industry is leading to increasingly stringent requirements for machine tool accuracy measurement and compensation technologies. However, existing methods can only measure the accuracy of machine tools after they have been shut down, using instruments that do not measure the kinematic errors during the machining process. To address this issue, a method for real-time prediction of kinematic errors in a five-axis machine tool has been proposed to enhance machining accuracy and efficiency. The method employs a neural network-based predictive model, which has been trained and validated through experimental testing and data collection using internal sensors of the machine tool. The study reveals that this predictive model can effectively forecast the kinematic errors, through real-time compensation, and can reduce errors by 60-86%, significantly enhancing machine performance.
The enhanced mechanical properties in rapid solidification technology al alloy
Authors: Zhang Xiumei , Feng Tiantian , Zhou Jinwei , Wang Kun
Published: August 2024

As one of the most important alloys of Al-Mg-Si series aluminum alloys, 5083 aluminum alloy is widely used in mechanical parts, structural engineering, modern construction, transportation, and other fields. The objective of the present study is to explore the feasibility of producing 5083 Al alloy ribbons with increased mechanical properties via rapid solidification technology, namely single-roll melt spinning. Metallography, X-ray diffraction, hardness, and tensile tests are used to study and compare the microstructure and mechanical properties of aluminum alloy hot extruded rods and explore the different extrusion temperatures of aluminum alloy. Our results show that the hot-extrusion process (300°C, 350°C, 400°C) is used to process the ultra-fine grain ribbon into bars that can be applied to structural parts. The 5083 alloy bar obtains the best mechanical properties under the 350°C extrusion process, in which the tensile strength is up to 678 MPa and the hardness reaches 118 HV.
Reconfigurable dielectric engineered WSe2/HZO mem-transistor
Authors: Tong Tong , He Yongli , Gao Yuan , Liu Yukang , Liao Kan , Li Weisheng
Published: August 2024

Hybrid systems coupling two-dimensional (2D) semiconductors with functional ferroelectrics are attracting increasing attention owing to their excellent electronic/optoelectronic properties and new functionalities through the multiple heterointerface interactions. In our device architecture, interfacial states are introduced on the ferroelectric Hf0.5Zr0.5O2 thin film as a gate dielectric layer for the charge trapping effect. Utilizing the collaborative effects of charge trapping and ferroelectric polarization behavior, a multifunctional 2D WSe2/HZO memtransistor is demonstrated with an ultra-low off-state (dark) current of 10−13 A, high on/off ratio of 106 and linear conductance update. This device exhibits reliable memory properties and tunable synaptic functions including short-term plasticity/long-term plasticity, paired pulse facilitation, spike-timing dependent plasticity, synaptic potentiation/depression, and filtering in a single device. Extensive endurance tests ensure robust stability (1000 switching cycles, 2000 s holding time) and the synaptic weight update in the device exhibits excellent linearity. Based on the experimental data, our devices eventually achieve an accuracy of 94.8% in artificial neural network simulations. These results highlight a new approach for constructing hybrid systems coupling 2D semiconductors with functional ferroelectrics in a single device to tune synaptic weight, optimize circuit design, and build artificial neuromorphic computing systems.
Dry printing fully functional eco-friendly and disposable transient papertronics
Authors: Taba Adib , Patel Aarsh , Mahjouri-Samani Masoud
Published: August 2024

The demand for flexible printed electronics is growing fast, especially with the move toward the Internet of Things. These printed electrons are usually designed for short-term use, after which they are disposed of. The polymeric substrates used in printed electronics comprise the biggest portion of their non-biodegradable E-waste after their disposal. This paper demonstrates the feasibility of printing fully functional transient electronics on flexible, water-soluble, and biodegradable paper substrates using the dry printing approach. The in-situ generation and real-time sintering of silver nanoparticles at room temperature enables the fabrication of complex circuits on such water-soluble papers. A layout similar to an Arduino pro mini board is printed on both sides of a paper substrate with electrical interconnects. Various electrical components are then directly mounted to fabricate a complete, working paper Arduino circuit. Cyclic bending tests demonstrate the mechanical durability and reliability of printed paper circuits under repeated bending stress. The process uniquely achieves robust and complex printed electronics without thermal damage, and the water solubility tests successfully show rapid dissolution of the paper devices in water. Furthermore, the components detached during dissolution are collected and reused, demonstrating the recyclability of the process. Overall, this transformative manufacturing method establishes key technical capabilities to produce next-generation sustainable, green electronics and sensors using renewable materials.
The Informational Role of Electoral Commissions
Authors: Kerr Nicholas
Published: August 2024

Chapter 2 outlines the book’s theory on how electoral commissions (ECs) can shape the quality and legitimacy of elections and regime outcomes among political elites and citizens. The theoretical story assumes that elite and mass actors value elections for achieving several political goals. The chapter explains how ECs are unique because of their ability to resolve two types of uncertainty that elites and citizens confront during elections: electoral manipulation and administrative problems. Then it introduces autonomy and capacity as two defining attributes of ECs and details the theoretical approach for thinking about their individual and simultaneous impacts. The book describes how different levels of EC autonomy and capacity affect the strategic decisions made by elites and non-elites, how these decisions affect the quality and legitimacy of elections, and how they have implications for democracy. The chapter concludes with a discussion of the empirical implications of the theory for elites and citizens.
‘We Will Remember Them’
Authors: Atherton Ian
Published: August 2024

The First World War is argued here to be evolutionary not revolutionary in terms of conflict memory, and is viewed through the lens of the creation and practices of the Imperial (later commonwealth) War Graves Commission. Its principles, developing but also solidifying existing practices, set the norm for the following century, though they have been adapted in later conflicts including the Falklands War (1982), as well as by the recent recognition of their racial biases. Laqueur’s argument about the naming of the dead as an abiding concern of modern memory is developed, arguing for a hyper-necronominalism as well as a memory maths, necro-accounting or thanatarithmetic, the precise numbering of the dead. Finally, the chapter uses the hunt for the ‘true’ location of Bosworth to explore concerns with place, battlefield preservation, heritage, and planning, seen through the creation of registers of historic battlefields in England, Scotland, and Wales.
Lovingness
Authors: Swanton Christine
Published: August 2024

The topic of this chapter is lovingness: a predisposition which makes one liable to loving responses to any individual according to what is appropriate in the circumstances. I understand lovingness through Heidegger’s idea of a Grundstimmung, specifically it is a kind of fundamental emotional orientation towards the world as a whole. There are several such emotional orientations which may make one open or closed to the world as a whole. Lovingness is a Grundstimmung of openness to the world which makes one liable to loving responses, and there are several types of such responses. We ask in this chapter: What kind of emotional orientation is lovingness? The question has two parts. What is the nature of the kinds of emotional orientation called by Heidegger Grundstimmungen of which lovingness is one? Second, assuming lovingness is a Grundstimmung, what is the distinctive nature of lovingness as a Grundstimmung?
The Virtuousness of Love
Authors: Swanton Christine
Published: August 2024

Love in its basic sense is an emotion. But not all love is virtuous; some love is excessive or deficient in various ways, foolish, destructive, insufficiently demonstrative in the case of children and so on. This chapter sets out to distinguish virtuous and non-virtuous love. The virtuousness of love is a function of both the nature of the Grundstimmungen informing our emotional orientation to the world as a whole (fine emotional orientations of lovingness) and of the characteristic ability to exhibit excellent judgement, feeling, and action when manifesting specific virtues of love such as parental love when punishing children, and dealing with friends in a loving sensitive way. Traits which exhibit both these aspects of virtuousness I call Aristotelian virtue. In distinguishing virtuous and non-virtuous love the difficult issue of “reasons for love” is discussed. The discussion is framed by a Humean account of love and his views on the role of the imagination in the fittingness (virtuousness) of forms of love.
Artificial Intelligence and People at Work
Authors: Woolley Anita Williams
Published: August 2024

The transition from manual to service-oriented and information-based work, driven by technological advancements, has reshaped the modern economy, demanding more analytical and cognitive skills. This change challenges traditional management strategies, as knowledge work’s intangibility requires approaches that are the opposite of those that successfully manage manual work. While early artificial intelligence (AI) applications streamlined manual tasks, applying AI to knowledge work revealed complexities in less structured environments. As AI capabilities improve, there is the potential to enhance knowledge-based work by enhancing collective intelligence (CI). At the intersection of management literature and intelligence research are opportunities for AI to improve the three essential functions underlying intelligence in any system—memory, attention, and reasoning. AI augments these functions in human systems, thereby opening the possibility of elevating CI in workplaces. Because of the most pressing research gaps, future exploration is needed in order to understand AI’s role in fostering a collaborative, efficient, and equitable workplace in ways that balance technology optimization with human-centric considerations.
Nationalism and Party System Formation in Southeast Asia
Authors: Ufen Andreas
Published: August 2024

Because the party literature is dominated by approaches with references to Western, especially European, party systems, it tends to neglect the specific circumstances of party system formation in colonial and postcolonial settings. This includes the role of agency, especially by foreign and Indigenous elites interested in crafting political, partisan cleavages. This can be studied by comparing Indonesia and Malaysia, two neighboring countries with many similarities but very different cleavage structures and trajectories. In British Malaya, Malay groups led by aristocrats reached independence rather smoothly through negotiations with the slowly retreating colonial power. The hegemonic national model was henceforth essentially Malay, royalist, and Islamic. Ethnic minorities and their respective cultures and languages were tolerated, with certain minority rights explicitly legitimated, but the national culture was leaning toward an exclusionary stance. The preindependence, elite-centered construction of an illiberal consociational arrangement and the parallel state violence against the leftist opposition resulted in postindependence political stability against a backdrop of restricted spaces for civil society coupled with conservative Islam and Malay chauvinism. The political left had already fundamentally been weakened beginning in 1957, and a conservative coalition of ethnically based, elitist parties dominated politics through semicompetitive elections. The major structures of the party system formed during the critical juncture in the late 1940s until the early 1950s existed until the mid-2010s before a slow disintegration of old coalitions and parties began. By contrast to British Malaya, in the Netherlands Indies a radically anticolonialist, well-rooted nationalist movement led by middle-class activists emerged, creating a fundamentally new notion of being “Indonesian” and supporting a religiously tolerant, multiethnic, democratic nation-state. After 1945, the movement was further instilled with nationalist passion by fighting an independence war against the returning Dutch. The period from 1945 until 1949 was marked by a number of social revolutions, and local aristocracies were substantially weakened. A mass-based and militant nationalist movement fighting against the colonial power resulted in social conflicts that were not settled at the time of independence. The path after the formation of the party system until the 1950s was interrupted by a long period of authoritarianism, but mass organizations such as Nahdatul Ulama and Muhammadiyah, certain dynamics of interparty competition, and the attempt at solving political conflicts consensually still characterize party politics in Indonesia. In short, deep political cleavages produced a strongly polarized party system, resulting in a long period of authoritarianism and eventually a resurgence of old cleavages in a newly democratized polity after 1998.
Election Manipulation in Russia
Authors: Harvey Cole
Published: August 2024

Since roughly the year 2000, corresponding with Vladimir Putin’s first election to the presidency, the integrity of elections in Russia has trended steadily downward. The Communist Party of the Russian Federation, once a lively opposition party, has been mostly co-opted. Regional governors, who made a play for power in 1999, have become firmly integrated into the “power vertical” with its peak in the Kremlin. Genuine, independent opposition groups and individuals face increasing legal risks, and the most independent media voices have been shut down or driven out of the country. The legal electoral framework, including the electoral system and laws concerning party registration and ballot access, has been adjusted over time to suit the needs of the ruling party. On election day, large-scale fraud is common in several regions, while more dispersed forms of manipulation (like voter pressure) are common elsewhere.

The increasingly constrained electoral environment follows the deliberate consolidation of post-Soviet Russia’s patronage resources—the positions and institutions that enable their holders to distribute rewards and punishments to their clients—under the Kremlin’s control. At the same time, active civil society groups, opposition parties, and independent media have been able to impose costs on election-manipulating agents. As a result, despite a nationally consolidating authoritarian regime, areas of relatively freer elections have persisted over time. In these regions, more covert and dispersed forms of manipulation are the norm. New tools implemented after the COVID-19 pandemic, including electronic voting, may reshape the system by removing risks to election-manipulating agents and severely compromising electoral observation. Throughout the evolution of the system, the opposition remains inventive and has innovated its tactics alongside those of the ruling party.
Money, Trade, and Markets in Medieval Japan, 1150–1580
Authors: Segal Ethan Isaac
Published: August 2024

One way Japan’s medieval age distinguished itself from earlier eras was the increasing importance of money, markets, and commerce. Improvements in the agricultural sector (such as better farm tools, irrigation systems, and fertilizers) led to higher yields, which in turn supported a slowly growing population from the late 13th century and surpluses that could be sold in regional markets. At those markets people started using imported Chinese coins, which also replaced commodity forms of money in land transactions. The imperial court had initially opposed the use of Chinese cash in Japan, but eventually both the court and the new Kamakura warrior government came to embrace its use.

Although the Japanese government had no formal diplomatic relations with China or Korea in the early medieval period, merchants and Buddhist priests continued to move among the three countries. Merchants exchanged Japanese goods including gold, sulfur, and lumber for Chinese finished products, including porcelains, books, medicines, fabrics, and bronze coins. Pirates, generally based in small islands along Japan’s west coast, also plied the same seas, attacking Korean and Chinese coastal communities in the 13th and 14th centuries. But neither pirate attacks nor the Mongol invasions of Japan brought trade to a standstill.

Domestic commerce picked up in the 14th century as markets started to meet more frequently and tax payments were switched from in-kind to cash. Moneylenders provided credit (at interest), and bills-of-exchange facilitated the movement of large quantities of money from provincial estates to their centrally based proprietors. The third Ashikaga shogun re-established formal relations with Ming China, thereby facilitating tribute trade (as well as other types of official and private trade). In the late 15th and 16th centuries, as regional warlords (sengoku daimyo) became increasingly autonomous, they experimented with innovative ways to manage economic affairs in their territories. Overall, medieval Japan’s economy never achieved the high level of commercialization seen in the Tokugawa period. But the changes that occurred during these years were important in laying the groundwork for the active, early modern economy that developed in the 17th century.
The Domestication of Livestock in the Sahara
Authors: Brass Michael
Published: August 2024

Archaeology of early Saharan pastoralists has been dominated since the early 1980s by the debate surrounding cattle domestication. Geneticists’ determinations on the spread of haplotypes, and the timing thereof, extend the scope and increase the complexity of the debate. The ecological foundations of the early African domestication model, so prominent from the early 1980s onward, is no longer viable. The wider genetic and archaeological evidence speaks to the cultural variability made materially manifest in pre–Iron Age Saharan pastoral societies. The emerging picture is of a mosaic of population movements, clustering, and experimentation, resulting in transient peaks of wealth and the potential for incipient social complexity to become temporarily or permanently manifest.
Gender-Based Violence
Authors: Oo Phyu Phyu
Published: August 2024

Gender-based violence (GBV) is a significant global public health and human rights problem, predominantly affecting women and girls worldwide across various age groups. While GBV manifests in various forms, intimate partner violence and domestic violence are the two most common forms that are widely studied and discussed in the research and policymaking processes due to the disturbingly high prevalence. The World Health Organization (WHO) estimated that 736 million women and girls globally are affected by IPV and non-partner sexual violence, even though the statistics vary across different regions . While the knowledge in understanding the prevalence and patterns of GBV has been improved over time, gathering reliable data on certain forms of GBV like femicide, rape, early marriage, sexual violence in situations of armed conflict, and trafficking in women and girls remains challenging . This data limitation stems primarily from socio-cultural norms that stigmatize the experiences of GBV survivors and a male-dominated culture that obstructs survivors from reporting and seeking help. The data gap is more notable for male survivors, despite studies showing that men and boys often fall victim to various forms of GBV, particularly in armed conflicts.

GBV in any form against any gender produces immediate, short-term, and lasting physical, mental, and social consequences for survivors, their families, and communities. A swift and comprehensive response to GBV can mitigate specific health risks, such as HIV/AIDS transmission and unintended pregnancies, significantly reducing the public health burden. However, survivors often face immense challenges in accessing appropriate care due to limited availability and accessibility. The barriers to seeking care are compounded by negative societal perceptions of GBV survivors and limited legal protection mechanisms. Unequal gender norms and discriminatory practices against women and girls in most societies are the fundamental cause of GBV while several intersecting factors like age, ethnicity, education, social beliefs, and cultural norms significantly influence the manifestation of GBV. Eliminating GBV is a complex process that requires a multidimensional approach at the individual, community, and societal levels. The most effective strategies involve transforming social norms, reforming laws, and empowering women through awareness-raising and state policies. However, resistance stemming from deeply embedded male-dominated cultures and a lack of political will among state actors often pose obstacles to effective prevention efforts. Research plays a crucial role and dedicating resources to fill knowledge gaps and evaluating ongoing practices will enhance the understanding of effective measures for preventing and responding to GBV.
Corporate Concentration in the Food Industry
Authors: Striffler Steve
Published: August 2024

Food industry concentration, or the control of a relatively small number of corporations over the food system, has relatively deep historical origins, even if it has reached unprecedented levels since the 1980s. It is not simply that a handful of firms control a particular industry or crop. It is that all levels of the broader food system, including not only the production, processing, trade, and sale of food products but also of farm machinery, seeds, agrochemicals, and other inputs, are now controlled by relatively few and exceptionally large companies. This high level of concentration has determined the broad contours of our industrial food system, as well as our ability to transform it, while also having profound implications for food workers, farmers, consumers, animals, and the environment. This is true of the United States but is the case globally as well.
Boston
Authors: O'Connell James C.
Published: August 2024

Boston has been an influential city in the development of the United States for more than four hundred years. Located on the Shawmut Peninsula and originally inhabited by Indigenous Massachusett people, Boston became the leading English North American seaport between 1630 and 1760. Its tensions with the British government in the 1760s and 1770s ignited the war for American independence. During much of the 19th century, the port of Boston was second in dollar value only to New York. Merchants used profits from maritime trade, especially with China, to invest in textile mills, which spurred the American industrial revolution. During the antebellum era, Boston emerged as the country’s intellectual capital, led by the transcendentalism of Emerson and Thoreau and a variety of reform movements. Boston’s abolitionist movement helped provoke the Civil War and the emancipation of enslaved Blacks. Between 1865 and World War I, the thriving industrial economy of Boston and New England attracted hundreds of thousands of immigrants who created a more factious, pluralistic community. From the 1920s, as the textile and shoe industries relocated to Southern nonunion states, Boston lost population and economic advantage to the suburbs and the Sunbelt. By the 1950s, Boston suffered from demographic and industrial decline, but the city embarked upon a decades-long effort to reinvent itself. Its economy gradually shifted to the advanced technology and the defense industries. Prominent urban revitalization projects started in the 1960s and 1970s with Government Center and the redevelopment of the Faneuil Hall Marketplace. During this time, Boston was engulfed in racial strife, as evidenced by the tensions over court-ordered busing to end school segregation. By the early 21st century, Boston, led by Massachusetts Institute of Technology faculty and graduates, became a global center for technological innovation and the leading center for life sciences. In the meantime, Boston has become one of the most economically unequal cities in the country, with large numbers of well-compensated professionals and technologists and a larger number of lower-income service workers.
Islamic World Studies in North America
Authors: Muhammad Nisa
Published: August 2024

Islamic studies as an academic discipline and its genesis in American universities is a fascinating tale of challenges and complications woven into the vagaries of geopolitics. Exploring the evolution of Islamic studies into Islamic world studies at a premier US Catholic university pays homage to Oriental, Near Eastern, and Middle Eastern studies and its direct forerunner in Islamic studies, highlighting the accomplishments of foundational Islamic scholars who blazed a trail leading to the development of an Islamic world studies program. As the name implies, Islamic world studies is a study of where Muslims live as majorities or minorities, thus exploring the religious tradition of Islam and its expressions in various cultures. The program in Islamic world studies was unique in another way—its founder was a highly trained Islamic scholar who just so happened to be an African American Muslim woman.
Babylonian Epic of Creation
Authors: Heinrich Adrian Cornelius
Published: August 2024

The Babylonian Epic of Creation is a mythological poem in the Babylonian language. According to its incipit, the Epic was known as Enūma eliš, “When on high,” in antiquity. It describes how the world came into being and how Marduk, the divine patron of Babylon, became the king of the gods after defeating the primaeval goddess Tiamat, the matriarch of the first gods and embodiment of the primordial sea. A substantial part of the Epic is dedicated to presenting Marduk’s fifty names in celebration of his divine supremacy.

Most likely composed at the end of the 2nd millennium bce during Babylon’s revival under Nebuchadnezzar I, king of Babylon, 1125–1104 bce, the Babylonian Epic of Creation was the most important religious text in Mesopotamia for much of the 1st millennium bce. Besides the large number of preserved cuneiform manuscripts, the popularity of the Epic is attested to by its frequent references in letters and inscriptions, the ideological appropriation and rewriting of the text in its Assyrian recension, as well as the numerous scribal exercise tablets with extracts from the poem. The Enūma eliš was recited and partly reenacted during the Babylonian New Year festival and other cultic rituals in Babylon.

Since its rediscovery in the late 19th century ce, the Epic’s possible influence on the Book of Genesis has been the subject of intense scholarly debate. That the text was known well beyond Mesopotamia, even after the end of cuneiform culture, is indicated by the fact that the Neoplatonic philosopher Damascios could still provide a detailed summary of some of the text’s contents in the 6th century ce.
Biosimilar approval pathways: comparing the roles of five medicines regulators
Authors: Knox Ryan P , Desai Vineet , Sarpatwari Ameet
Published: August 2024

Biologics are playing an increasingly important role in health care globally but are placing a substantial burden on payers. The development of biosimilars—drugs that are highly similar to and have no clinically meaningful differences from originator biologics—is critical to improving the affordability and accessibility of these medications. Medicines regulators, however, have had varied success with biosimilars to date. We examined agency guidance documents, peer-reviewed articles, and gray literature related to biosimilars in Australia, Canada, the European Union, the United Kingdom, and the United States to evaluate variations in the approaches to biosimilar approval taken by their respective medicines regulators. We found that the medicines regulators take similar approaches to biosimilar approvals, but that differences in their policies and their jurisdiction’s laws regarding testing requirements, indication extrapolation, exclusivities, and substitution may contribute to the varied successes of biosimilars observed. Policies supportive of product-specific guidance, extrapolation, shorter exclusivity periods, and substitution were correlated with greater success in biosimilar approval and uptake. As medicines regulators work to promote biosimilars, understanding the impact of these laws and policies is crucial. Reforms consistent with these policies can create regulatory environments more supportive of biosimilar approvals, promoting access to affordable biologics for patients globally.
Salvage robotic-assisted radical prostatectomy in a patient with recurrence after two sessions of heavy ion radiotherapy
Authors: Yabusaki Ryo , Arai Ayako , Odagaki Yu , Nakashima Jun , Nakamura Ken , Ishikawa Hitoshi , Okonogi Noriyuki , Aoki Shuri , Tsuji Hiroshi , Ozu Choichiro
Published: August 2024

Salvage radical prostatectomy is a postradiation treatment for patients with localized prostate cancer. In 2016, Ozu et al. (Ozu C, Aoki K, Nakamura K, Yagi Y, Muro Y, Nishiyama T, et al. The initial case report: salvage robotic assisted radical prostatectomy after heavy ion radiotherapy. Urol Case Rep 2016;7:45-7) first reported salvage robotic-assisted radical prostatectomy (sRARP) after heavy-ion radiotherapy (HIRT). Thereafter, sRARP has been performed in >100 cases. However, it is currently avoided owing to some difficulties. Herein, we report about sRARP in a 67-year-old man who received two sessions of HIRT despite some expected challenges. He was initially treated with HIRT for prostate cancer in 2009 and received the second HIRT as salvage treatment for local recurrence in 2016. In 2019, he had biochemical recurrence and underwent sRARP. There were no significant peri- or postoperative complications. Subsequently, 12 months after sRARP, hormonal therapy was introduced after the diagnosis of biochemical recurrence. The patient’s prostate-specific antigen level is currently undetectable.
Abuse of Dominance and Intellectual Property in China
Authors: Zhou Fay , Mitchell Anna , Liao Xi
Published: August 2024

This chapter discusses the developments in relation to an abuse of a dominant market position in the IP space in recent years and explores the issues calling for the detailed guidance between the IP and competition law regimes. First, it sets out the current rules on abuse of dominance under the AML, then it describes the legislative framework in China for assessing an abuse of dominance in an IP context. The latter part of the chapter summarises the key enforcement cases and private actions that relate to an abuse of dominance in the IP sector in China, then highlights the influence the enforcement actions and cases have had on the shaping of the IP guidelines being drafted by the Chinese authorities. Finally, the chapter shows how specific abuses of a dominant position are assessed in an IP context under the guidelines and the case law.
Recognition, Enforceability, and Enforcement of Decisions
Authors: Wilderspin Michael
Published: August 2024

This chapter focuses on Chapter IV of the Brussels IIb Regulation. The major changes in the Regulation include the abolition of exequatur and the adoption of a new section on the recognition and enforcement of authentic instruments and agreements. Recognition of a decision means acceptance of the effects the decision has in the State of origin, while enforcement is necessary where the foreign court requires the losing party to act positively, which then becomes an element of coercion. The chapter explains the significance of the distinction between recognition and enforcement as the Member State of enforcement needs to declare the enforceability of a judgment before the judgment creditor could enforce the judgment. It considers a miscellaneous category of provisions, which have a counterpart in the Brussels IIa Regulation.
Economics for Competition Lawyers
Authors: Niels Gunnar , Jenkins Helen , Kavanagh James
Published: August 2024

The book does what the title says: a practitioner textbook on the economic principles of competition law, targeted specifically at competition lawyers (be they solicitors, barristers, in-house counsel, lawyers at government agencies, or judges). It is written in the language and tone of an economic expert report to a court: taking the reader back to first economic principles, through to the application of those principles to competition cases. The book covers all the main topics in competition law where economics is relevant: market definition, market power, abuse of dominance, cartels, and other horizontal agreements, vertical agreements, and mergers. It also discusses the less familiar areas of remedy design and damages, and explains the basic principles of game theory, behavioural economics, econometrics, and financial analysis. Each topic is introduced by asking questions based on real-world cases from jurisdictions around the world. A theme throughout the book is how economics can help with the application of competition law in new challenging areas such as markets characterized by consumer biases, digital and online markets, and the interface between IP and competition law. The book ends with a discussion of best practice in the use of economic evidence and economic experts in competition cases before competition authorities and courts.
Interest Rate
Authors: Secomb Matthew
Published: August 2024

This chapter examines the interest rates applied to international arbitral awards. In the context of an arbitral award, an interest rate means the rate at which interest accrues on the amounts granted in the award. The chapter then describes the traditional approaches to determining interest rate in international arbitration and proposes a possible uniform approach to determining interest rates. The proposed approach comprises a three-step solution, which is further discussed in the chapter that follows. First, any agreement on the rate of interest should be respected. Second, absent agreement, the claimant should be able to prove the loss it incurred because it was denied the use of the money in question by way of damages. Third, if the claimant does not prove its actual loss, it should be granted interest at a commonly used commercial rate, augmented appropriately, for the relevant currency at the place of payment.
Period
Authors: Secomb Matthew
Published: August 2024

This chapter assesses the period over which interest is granted in arbitral awards. The period is usually defined by the start date and the end date. However, sometimes other factors can be relevant, such as a distinction between pre- and post-award interest. The chapter then explains that international arbitration has not yet established a uniform approach to the period over which interest is granted. It suggests that perhaps greater convergence can be seen as to the period than with the rate or calculation method. The chapter starts by describing the traditional approaches to determining the period over which interest is granted. It then contains a critique of some of the most common traditional approaches. Next, it sets out a possible uniform approach to the period over which interest is granted. As with the rate and the calculation method, the uniform approach largely builds on existing law and practice. Finally, the chapter considers a possible limitation on this uniform approach, namely, mandatory laws.
Public Supervision of Behaviour and Culture at Financial Institutions
Authors: Nuijts Wijnand
Published: August 2024

This chapter studies the relationship between organizational culture and firm performance. Despite of its obvious relevance for firm performance, not many financial supervisors have included behavioural perspectives into their supervisory methodologies in a structured manner. Financial supervision needs to combine structural perspectives with insights into the behavioural and cultural drivers of firm performance in order to become more effective in fostering firm and financial stability. De Nederlandsche Bank’s (DNB) supervision of behaviour and culture aims at identifying behavioural patterns that may jeopardize the financial position, risk profile, and integrity of financial firms. DNB has developed multiple frameworks to capture several important drivers of firm performance. In their core, most frameworks are built around a set of common elements. These elements pertain to leadership, decision making, reflective learning, and the impact of contextual factors on behaviour.
Prospects for the ALP after BEPS
Authors: Collier Richard S , Andrus Joseph L
Published: August 2024

This chapter considers whether ALP-based transfer pricing rules, as modified in connection with the BEPS work, satisfy the considerations previously discussed for a workable transfer pricing system. It concludes that further evolution will certainly be required if the ALP is to continue to play a central role in the tax system, although such evolution is problematic for several reasons. The chapter also remarks that the approach to the capital problem reflected in BEPS is inadequate and incomplete. Whether the ALP provides a workable response to the problems related to capital movements and capital allocations that exist in the current system is, according to this chapter, highly doubtful.
Virtual Currency and the Law
Authors: Gleeson Simon
Published: August 2024

This chapter explains how the law, generally, has little difficulty dealing with things which do not physically exist. Loans, patents, payment obligations, and service contracts create a complex matrix of intangible but identifiable and enforceable legal obligations. It may be tempting to think that simply adding another intangible to this mix will cause no great difficulty. Different types of property trigger different types of protections, after all. However, it is wrong to think of property as a bundle of rights; rather, property is defined by the way in which it is protected in law. It follows from this that in considering the legal position in respect of any particular thing, such as virtual currency, identifying it as a form of property is the beginning rather than the end of the legal analysis.
Intangibles as Property
Authors: Bamford Colin
Published: August 2024

The chapter examines the legal nature of intangible property and the distinction between choses in action and choses in possession. It discusses the characteristics of choses in action, particularly the quality of assignability. It then looks at the ways in which intangibles can be dealt with and transferred, legal and equitable assignment, sub-participation, novation, the mechanism of attaching the intangible to a physical item, and transfer by means of a declaration of trust. Finally it discusses the idea adopted by the Uniform Commercial Code of the United States, of creating ‘hybrid rights’.
Historical Foundations
Authors: O’Sullivan Dominic
Published: August 2024

This chapter traces the historical foundations of the doctrines explaining the great divide between the shape of rescission at common law and in equity. The distinctive feature of rescission at law correlates with the groups of rules concerned with the title and the right to personal claims to restitution. The principles of rescission applicable to common law were shaped by the rules regulating the forms of actions available when a contract had been achieved through fraud. Thus, the rules help simultaneously explain the structure and limitations of rescission at law. The chapter then expounds on the effects of fraud on contracts and title. It also looks at the special case of insurance wherein the relationship between law and equity was considered.
Procedures
Authors: Boyd Marcos Araujo , von Lingen Nicolas
Published: August 2024

Abstracts and keywords to be supplied.
All Roads Lead to Rome
Authors: McParland Michael
Published: August 2024

This chapter discusses the road from, and back to, Rome that produced both the Rome Convention and the Rome I Regulation. It marks out the major steps in the development of both, setting them in context with wider developments in EU private international law. It asks the essential questions of how, and why, did we get where we are? It is a story rich in topics for discussion that cover the whole spectrum of attitudes to the EU, its legislative powers, and the nature of private international law within the internal market. At one end of the opinion spectrum are those who believe that Rome I, like the Rome Convention before it, is an example of cooperation between Member States that works to the good of all. At the other end are those who see it as the product of law-making by small committees, imposed by Brussels with no little regard for its actual or potential impact on national legal systems.
Material Scope
Authors: McParland Michael
Published: August 2024

This chapter explains Article 1(1) of the Rome I Regulation. The article states that Rome I shall apply in situations involving a conflict of laws, to contractual obligations in civil and commercial matters. Rome I only applies to contractual obligations; all non-contractual obligations, not otherwise excluded, are allocated to the rules the Rome II Regulation. The sole purpose of Articles 1(1) in both Rome I and Rome II is to direct the forum court to one or other Regulation to determine the applicable law of the obligations in question. The concept of ‘contractual obligations’ operates as a mere sign-post for choice of law purposes only. If it results in an obligation being classified in a way that differs from a national court's traditional characterisation for either domestic or choice of law purposes, then so be it.
Regulation and Competition
Authors: Rusche Tim Maxian
Published: August 2024

This chapter explores what is actually meant by ‘regulation’ in the transport sector. Whereas competition law is applied by the Commission and national competition authorities, regulation involves a much broader set of actors. In particular, the Union legislator has created a number of agencies in this field, and the applicable legislation often entrusts national regulators with certain tasks. The chapter describes the respective roles of EU institutions, agencies, and national regulators in applying the EU regulatory framework in the transport sector. The precise extent of tasks that has been attributed to them varies; whether the decisions are limited to clearly defined executive powers, as required by Meroni, is explored.
Competition (II) Merger Control and State Aid
Authors: Blanco Luis Ortiz , Rodríguez Elvira Aliende , Vandenbussche Julie , Rusche Tim Maxian
Published: August 2024

Cooperation among competitors in the shipping industry has historically led to the establishment of conferences, consortia, and alliances, but the effects of the global financial crisis may have stimulated competitors to consolidate further merger as shown by the increasing number of cases during the last few years. When assessing the compatibility of shipping mergers with the Internal Market, the Commission has considered not only the parties’ market shares but also the cumulative effect and the market positions of the consortia and the (no longer permitted) conferences in which the parties to the concentration are involved. In this sense, the remedies offered by the merging parties at hand have varied from post-completion capacity agreements to divestitures or withdrawal from consortia or conferences. Chapter 14 continues the discussion of the application of the competition rules to the shipping industry, focusing on merger control and the practice in connection with State aid.
Mental Health Evacuation Rate in USCENTCOM
Authors: Hall Andrew , Leech Jack , Schmeider Lauren , Swayze Michael , Saenz Jennifer , Currier Glenn
Published: August 2024

Background

Mental health diagnosis requiring further treatment is one of the top reasons for medical evacuation in the U.S. Central Command (USCENTCOM) area of responsibility (AOR) as of 2022. This study establishes a baseline in which the effectiveness of medical interventions can be measured to determine if they have an impact on the rate of evacuation out of USCENTCOM.

Materials and Methods

The study period was January 1, 2017 to December 31, 2021. Individual evacuation data including date of initial movement and necessary specialty care requirements originating from the USCENTCOM AOR were acquired via U.S. Transportation Command’s Regulating and Command & Control Evacuation System. The base evacuation rate was calculated for each month, and evacuation rates were analyzed for variations.

Results

For the entire study period, the mean monthly evacuation rate was 0.44 evacuations per 1,000 people in the AOR (95% CI, 0.41-0.47). There was no statistically significant difference between any monthly evacuation rate (P = .505). There is a statistically significant difference in the mean evacuation rates for calendar years (P = .003). The highest evacuation rate occurred in 2021.

Conclusions

The study establishes a benchmark mental health evacuation rate. This rate will be useful for assessing mental health evacuation reduction initiatives in the USCENTCOM AOR.