bluuebunny/crossref_metadata_2025 huggingface dataset:
Use of 3M-052-AF with Alum adjuvant in HIV trimer vaccine induces human autologous neutralizing antibodies
Authors: Hahn William O. , Parks K. Rachael , Shen Mingchao , Ozorowski Gabriel , Janes Holly , Ballweber-Fleming Lamar , Woodward Davis Amanda S. , Duplessis Chris , Tomai Mark , Dey Antu K. , Sagawa Zachary K. , De Rosa Stephen C. , Seese Aaron , Kallur Siddaramaiah Latha , Stamatatos Leonidas , Lee Wen-Hsin , Sewall Leigh M. , Karlinsey Dalton , Turner Hannah L. , Rubin Vanessa , Furth Sarah , MacPhee Kellie , Duff Michael , Corey Lawrence , Keefer Michael C. , Edupuganti Srilatha , Frank Ian , Maenza Janine , Baden Lindsey R. , Hyrien Ollivier , Sanders Rogier W. , Moore John P. , Ward Andrew B. , Tomaras Georgia D. , Montefiori David C. , Rouphael Nadine , McElrath M. Juliana
Published: August 2024

Stabilized trimers preserving the native-like HIV envelope structure may be key components of a preventive HIV vaccine regimen to induce broadly neutralizing antibodies (bnAbs). We evaluated trimeric BG505 SOSIP.664 gp140 formulated with a novel TLR7/8 signaling adjuvant, 3M-052-AF/Alum, for safety, adjuvant dose-finding, and immunogenicity in a first-in-healthy adult (n = 17), randomized, and placebo-controlled trial (HVTN 137A). The vaccine regimen appeared safe. Robust, trimer-specific antibody, and B cell and CD4+ T cell responses emerged after vaccination. Five vaccinees developed serum autologous tier 2 nAbs (ID50 titer, 1:28-1:8647) after two to three doses targeting C3/V5 and/or V1/V2/V3 Env regions by electron microscopy and mutated pseudovirus-based neutralization analyses. Trimer-specific, B cell–derived monoclonal antibody activities confirmed these results and showed weak heterologous neutralization in the strongest responder. Our findings demonstrate the clinical utility of the 3M-052-AF/Alum adjuvant and support further improvements of trimer-based Env immunogens to focus responses on multiple broad nAb epitopes.
The impact of crystal grain size on the behavior of disordered ferromagnetic systems: from thin to bulk geometry
Authors: Spasojević Djordje , Janićević Sanja
Published: August 2024

We report the findings of an extensive and systematic study on the effect of crystal grain size on the response of field-driven disordered ferromagnetic systems with thin, intermediate, and bulk geometry. For numerical modeling we used the athermal nonequilibrium variant of the random field Ising model simulating the systems with tightly packed and uniformly cubic-shaped, magnetically exchange-coupled crystal grains, conducted over a wide range of grain sizes. Together with the standard hysteresis loop characterizations, we offer an in-depth examination of the avalanching response of the system, estimating the effective grain-size-related exponents by analyses of the distributions of various avalanche parameters, average avalanche shape and size, and power spectra. Our results demonstrate that grain size plays an important role in the behavior of the system, outweighing the effect of its geometry. For sufficiently small grains, the characteristics of the system response are largely unaffected by grain size; however, for larger grains, the effects become more noticeable and show up as distinct asymmetry in the magnetization susceptibilities and average avalanche shapes, as well as characteristic kinks in the distributions of avalanche parameters, susceptibilities, and magnetizations for the largest grain sizes. Our insights, unveiling the sensitivity of the system’s response to the underlying structure in terms of crystal grain size, may prove beneficial in interpreting and analyzing experimental results obtained from driven disordered ferromagnetic samples of different geometries, as well as in extending the range of possible applications.
Research on the control technology of aircraft landing gear buffer variable stroke
Authors: Dai Xin , Liu Lu , Xu Qing , Xu Fangfang , Hu Xiaotian
Published: August 2024

The landing gear performance test is an essential part of the aircraft development process. In order to simulate the state of the landing gear during take-off, cruise, and landing, the landing gear buffer is required to have the function of self-variable stroke. This paper proposes a new method to establish a variable travel control system for the landing gear buffer, which realizes the automatic adjustment of the buffer so that the landing gear fatigue test can be implemented quickly and accurately. In the test verification, with the help of the aircraft landing gear fatigue test jigs and fixtures, the operation process of the landing gear buffer variable stroke control system is studied to verify the feasibility of this system, and the system is applied to a certain type of aircraft landing gear fatigue test.
Attitude dynamics simulation and analysis of a flexible satellite
Authors: Li Jinsong , Yang Yingquan , Liu Danfeng , Zhang Yonghe , Chen Wen , Zhou Heng
Published: August 2024

Dynamic models of flexible satellites are carried out using the virtual work principle. The kinematic model and the dynamic model are established respectively. The coupling characteristics of the flexible mechanism and its influence on the attitude of the satellite are analyzed by simulation, and the correctness of the mathematical modeling is validated.
Numerical study of aerodynamic noise of airfoil with rudder and porous material configuration
Authors: Zhang Daqian , Liu Sitong , Chen Zhongming
Published: August 2024

Porous materials are not only lightweight but also exhibit excellent noise reduction performance, making them an ideal choice for aerospace applications. This paper analyzes the aerodynamic noise effects of porous material foam aluminum on the rudder-containing NACA0018 standard airfoil with different porous material configurations and rudder deflection angles. The calculation results show that the surface porous can better balance the reduction of noise and the maintenance of aerodynamic performance. Finally, the influence mechanism of porous materials on the aerodynamic and noise reduction characteristics of rudder airfoils is analyzed through the sound directivity map and time-averaged flow field.
Mechanical behavior of periodic porous al with rotating polygonal structures under uniaxial compression
Authors: Chen Zhe , Hu Yifeng
Published: August 2024

Metamaterials are a promising solution to meet the increasing demand for high-performance materials that are also lightweight. A key feature of many metamaterials is their negative Poisson’s ratio, which leads to counterintuitive deformation behavior during mechanical stress. This property is unaffected by scale, making it both a macroscopic material property and a microscopic internal structural property. This paper presents a study of the bilinear constitutive model of negative Poisson’s ratio elastoplastic metamaterials, which analyzes the micro-rotation of cells and derives the constitutive model of these materials. Macroscopic experiments confirm that the deformation and failure mechanism of metamaterials align with the theoretical model, where the microscopic rotation characterizes the macroscopic deformation. Simulation analysis is carried out based on the elastic-plastic phase field method. The designability and potential for light weighting of negative Poisson’s ratio metamaterials provide a way to meet even more demanding requirements in the future, without sacrificing material performance.
In-situ electrochemical corrosion behavior of oil well tubing in CO2-containing highly mineralized oilfield produced water: Revealing the effect of temperature
Authors: Yang Liuyang , Liu Changpu , Fan Haiming , Zhang Dalei
Published: August 2024

The in-situ electrochemical corrosion behavior of oil well tubing at 80 °C and 150 °C in highly mineralized oilfield produced water was investigated by conventional electrochemical methods. The results indicated that N80 steel is controlled by charge transfer in the initial-corrosion stage (2-8 h) of 80 °C, and the corrosion rate weakens with the accumulation of corrosion product films. The post-corrosion stage (12-72 h) is controlled by a combination of reactive adsorption and charge transfer, and the adsorbed intermediates lead to enhanced reactive dissolution of the substrate, which promotes corrosion. At 150 °C, the electrochemical corrosion in the initial-corrosion stage (2-24 h) is controlled by the diffusion process. In the post-corrosion stage (12-72 h), the double-capacitance resistance characteristic exhibits the active deposition state, and the corrosion process is weakened. In addition, the kinetic potential polarization curves at both temperatures indicate that the corrosion product layer has pseudo-passivation properties. The increase in temperature contributes to the nucleation and growth of carbonate crystals, and the mixed FeCO3 and CaCO3 film at 150 °C is more protective than the amorphous layer structure at 80 °C.
An international, multicenter post hoc analysis comparing in-person and virtual medication management strategies in post-ICU recovery clinics
Authors: Beaudrie-Nunn Aeryana N , Poyant Janelle O , Groth Christine M , Rappaport Stephen H , Kruer Rachel M , Miller Emily , Whitten Jessica A , Mcintire Allyson M , McDaniel Cara M , Betthauser Kevin D , Mohammad Rima A , Kenes Michael T , Korona Rebecca Bookstavar , Barber Alexandra E , MacTavish Pamela , Dixit Deepali , Yeung Siu Yan A , Stollings Joanna L
Published: August 2024

Purpose

To compare the incidence of ICU pharmacist interventions in intensive care unit recovery center (ICU-RC) in-person and virtual clinic visits.

Methods

This was a post hoc analysis of interventions implemented by ICU pharmacists among adult patients who were referred to 12 ICU-RCs across the United States and the United Kingdom between September 2019 and July 2021, as reported in the previously published study “An International, Multicenter Evaluation of Comprehensive Medication Management by Pharmacists in ICU Recovery Centers.” That study included patients who received a comprehensive medication review by an ICU pharmacist. Medication-related interventions performed by an ICU pharmacist during ICU-RC in-person clinic visits were compared to those performed during virtual clinic visits.

Results

There were 507 patients referred to an ICU-RC, of whom 474 patients attended a clinic visit. Of those, 472 received a comprehensive medication review, with 313 patients attending in-person visits and 159 patients attending virtual visits. The incidence of medication-related interventions implemented was higher in the ICU-RC in-person clinic group compared to the virtual clinic group (86.5% vs 79.2%, P = 0.04). There was no difference in the median number of ICU pharmacist interventions per patient between the in-person and virtual clinic groups (2 vs 2, P = 0.13). An ICU admission diagnosis was an independent predictor of medication-related interventions among all patients.

Conclusion

The incidence of ICU pharmacist interventions was higher at ICU-RC in-person clinic visits compared to virtual clinic visits. Pharmacists aid in meeting the complex pharmacologic challenges of post-intensive care syndrome in both settings.
Interpretation of ferritin concentrations in the dermatology clinic
Authors: Verran Callum D , Alexander Madeleine G , Shipman Alexa R , Shipman Kate E
Published: August 2024

Ferritin measurement is a common laboratory test in dermatology. Ferritin is a marker of iron storage in the human body but can also be ­elevated in inflammatory states. Therefore, changes in ferritin are nonspecific, and correlation of specific clinical findings and risk factors with ferritin concentration and other biomarkers, e.g. iron studies or C-reactive protein tests, is recommended. This article discusses iron metabolism and the indications for ferritin measurement in dermatology and how to interpret the laboratory results.
Exploring functional connectivity in large-scale brain networks in obsessive-compulsive disorder: a systematic review of EEG and fMRI studies
Authors: Perera M Prabhavi N , Gotsis Efstathia S , Bailey Neil W , Fitzgibbon Bernadette M , Fitzgerald Paul B
Published: August 2024

Obsessive-compulsive disorder (OCD) is a debilitating psychiatric condition that is difficult to treat due to our limited understanding of its pathophysiology. Functional connectivity in brain networks, as evaluated through neuroimaging studies, plays a pivotal role in understanding OCD. While both electroencephalography (EEG) and functional magnetic resonance imaging (fMRI) have been extensively employed in OCD research, few have fully synthesized their findings. To bridge this gap, we reviewed 166 studies (10 EEG, 156 fMRI) published up to December 2023. In EEG studies, OCD exhibited lower connectivity in delta and alpha bands, with inconsistent findings in other frequency bands. Resting-state fMRI studies reported conflicting connectivity patterns within the default mode network (DMN) and sensorimotor cortico-striato-thalamo-cortical (CSTC) circuitry. Many studies observed decreased resting-state connectivity between the DMN and salience network (SN), implicating the 'triple network model' in OCD. Task-related hyperconnectivity within the DMN-SN and hypoconnectivity between the SN and frontoparietal network suggest OCD-related cognitive inflexibility, potentially due to triple network dysfunction. In conclusion, our review highlights diverse connectivity differences in OCD, revealing complex brain network interplay that contributes to symptom manifestation. However, the presence of conflicting findings underscores the necessity for targeted research to achieve a comprehensive understanding of the pathophysiology of OCD.
Automatic for the (tax) people: information sharing and cross-border investment in tax havens
Authors: Bénétrix Agustín , Emter Lorenz , Schmitz Martin
Published: August 2024

This paper examines the impact of international automatic exchange of information (AEOI) treaties on cross-border investments in tax havens. Using a restricted version of the BIS Locational Banking Statistics, we find that AEOIs significantly reduced cross-border deposits. A sectoral breakdown assessment reveals that households were the key driving force behind this contraction. However, we also document evidence of households’ deposits shifting to non-AEOI haven countries and larger deposits by non-bank financial institutions between tax haven countries, suggesting an increased use of shell corporation networks since AEOI introduction. Extending the analysis to portfolio and direct investment, we observe that changes in investment patterns vis-à-vis tax havens are consistent with a significant impact of AEOI treaties on these forms of cross-border investment.
Cardiovascular disease assessment and management in liver transplantation
Authors: Harinstein Matthew E , Gandolfo Caterina , Gruttadauria Salvatore , Accardo Caterina , Crespo Gonzalo , VanWagner Lisa B , Humar Abhinav
Published: August 2024

The prevalence and mortality related to end-stage liver disease (ESLD) continue to rise globally. Liver transplant (LT) recipients continue to be older and have inherently more comorbidities. Among these, cardiac disease is one of the three main causes of morbidity and mortality after LT. Several reasons exist including the high prevalence of associated risk factors, which can also be attributed to the rise in the proportion of patients undergoing LT for metabolic dysfunction-associated steatohepatitis (MASH). Additionally, as people age, the prevalence of now treatable cardiac conditions, including coronary artery disease (CAD), cardiomyopathies, significant valvular heart disease, pulmonary hypertension, and arrhythmias rises, making the need to treat these conditions critical to optimize outcomes. There is an emerging body of literature regarding CAD screening in patients with ESLD, however, there is a paucity of strong evidence to support the guidance regarding the management of cardiac conditions in the pre-LT and perioperative settings. This has resulted in significant variations in assessment strategies and clinical management of cardiac disease in LT candidates between transplant centres, which impacts LT candidacy based on a transplant centre's risk tolerance and comfort level for caring for patients with concomitant cardiac disease. Performing a comprehensive assessment and understanding the potential approaches to the management of ESLD patients with cardiac conditions may increase the acceptance of patients, who appear too complex, but rather require extra evaluation and may be reasonable candidates for LT. The unique physiology of ESLD can profoundly influence preoperative assessment, perioperative management, and outcomes associated with underlying cardiac pathology, and requires a thoughtful multidisciplinary approach. The strategies proposed in this manuscript attempt to review the latest expert experience and opinions and provide guidance to practicing clinicians who assess and treat patients being considered for LT. These topics also highlight the gaps that exist in the comprehensive care of LT patients and the need for future investigations in this field.
Serum Transaminases and Older Adults: Distribution and Associations With All-Cause Mortality
Authors: Clayton-Chubb Daniel , Majeed Ammar , Roberts Stuart K , Schneider Hans G , Commins Isabella , Fitzpatrick Jessica , Woods Robyn L , Ryan Joanne , Hussain Sultana Monira , Tan Natassia , Lubel John S , Tran Cammie , Hodge Alexander D , McNeil John J , Kemp William W
Published: August 2024

Background

Alanine aminotransferase (ALT) and aspartate aminotransferase (AST) are commonly ordered tests in general medical practice. However, their distribution and significance in older adults are understudied. As such, we aimed to evaluate sex-stratified distribution of both ALT and AST in older adults (≥70 years) and assess for associations with mortality.

Methods

Post-hoc analysis of the ASPirin in Reducing Events in the Elderly (ASPREE) randomized, placebo-controlled trial of daily low-dose aspirin for initially relatively healthy older persons. Univariate analysis and multiple logistic regression were used to explore baseline characteristics. Cox regression and restricted cubic splines were used to examine links between transaminase levels and mortality.

Results

Of the 11 853 participants with ALT and AST levels, 1 054 (8.9%) deaths were recorded over a median of 6.4 (interquartile range [IQR] 5.4–7.6) years. For ALT, the lowest quintiles for males and females were 6–15 and 5–13 U/L, respectively; for AST, the lowest quintiles were 8–18 and 7–17 U/L, respectively. On both univariate and models adjusted for covariates including age, body mass index, frailty, diabetes, and kidney disease, males and females in the lowest quintile of ALT had an increased hazard of mortality (aHR 1.51 [95% confidence interval {CI} 1.14–1.99] and aHR 1.39 [95% CI 1.03–1.88], respectively). For the lowest quintile of AST, only males were at increased risk (aHR 1.33 [95% CI 1.04–1.70]). Associations remained significant when removing outliers.

Conclusions

Low ALT levels independently confer an increased hazard of mortality for older males and females; low AST only affected older male survival. Further evaluation of mechanisms would be worthwhile, and re-evaluating the lower limit of normal for ALT in older adults should be considered.
‘It’s far from the norm’: breastfeeding beyond 1 year in the Republic of Ireland
Authors: Paul Gillian , Vickers Niamh , Kincaid Regina , McGuinness Denise
Published: August 2024

Breastfeeding is the optimal form of nutrition for infants and young children. The World Health Organization recommends that babies are breastfed exclusively for the first 6 months of life, and up to the age of 2 years or beyond in combination with complementary food. Breastfeeding initiation and continuation rates are suboptimal globally and very low in the Republic of Ireland where health promotion initiatives and healthcare professional support predominantly focus on the important phase of initiation and early months of the breastfeeding journey. This qualitative descriptive study aimed to explore the experiences of women who chose to breastfeed their children beyond 1 year of age in the Republic of Ireland. Fourteen women participated in semi-structured interviews. Interviews were transcribed verbatim and thematic analysis was conducted. The analysis generated three overarching themes: (1) Influences on breastfeeding beyond 1 year, (2) Sustaining breastfeeding and (3) Benefits of breastfeeding beyond 1 year. Family, friends, peers, culture and commercial milk formula marketing had an influence on breastfeeding journeys. Support, determination, knowledge, bed-sharing and Covid-19 pandemic social restrictions helped to sustain breastfeeding beyond 1 year. Benefits of breastfeeding beyond 1 year such as nutrition, strengthening of emotional bonds, development of a parenting tool, and protection of child and maternal health were identified. Our findings support the need for discussions and further research on the normalization of breastfeeding beyond 1 year in the Republic of Ireland, targeted health promotion initiatives and education programmes for healthcare professionals on supporting the continuation of breastfeeding.
Optimizing dsRNA engineering strategies and production in E. coli HT115 (DE3)
Authors: da Rosa Juliana , Viana Américo José Carvalho , Ferreira Fernando Rafael Alves , Koltun Alessandra , Mertz-Henning Liliane Marcia , Marin Silvana Regina Rockenbach , Rech Elibio Leopoldo , Nepomuceno Alexandre Lima
Published: August 2024

Producing double-stranded RNA (dsRNA) represents a bottleneck for the adoption of RNA interference technology in agriculture, and the main hurdles are related to increases in dsRNA yield, production efficiency, and purity. Therefore, this study aimed to optimize dsRNA production in E. coli HT115 (DE3) using an in vivo system. To this end, we designed a new vector, pCloneVR_2, which resulted in the efficient production of dsRNA in E. coli HT115 (DE3). We performed optimizations in the culture medium and expression inducer in the fermentation of E. coli HT115 (DE3) for the production of dsRNA. Notably, the variable that had the greatest effect on dsRNA yield was cultivation in TB medium, which resulted in a 118% increase in yield. Furthermore, lactose induction (6 g/L) yielded 10 times more than IPTG. Additionally, our optimized up-scaled protocol of the TRIzol™ extraction method was efficient for obtaining high-quality and pure dsRNA. Finally, our optimized protocol achieved an average yield of 53.3 µg/mL after the production and purification of different dsRNAs, reducing production costs by 72%.

One-Sentence Summary

Improved production of double-stranded RNA (dsRNA) in E. coli HT115 (DE3) bacteria resulted in significant yield increases and cost reductions through optimized methods.
Academic readiness among young children treated for brain tumors: a multisite, prospective, longitudinal trial
Authors: Somekh Melanie R , Ashford Jason M , Swain Michelle A , Harder Lana L , Carlson-Green Bonnie L , Wallace Joanna , Kaner Ryan J , Billups Catherine A , Onar-Thomas Arzu , Ali Jeanelle S , Harman Jennifer L , Merchant Thomas E , Gajjar Amar , Conklin Heather M
Published: August 2024

Background

Young children treated for central nervous system (CNS) malignancies are at high risk for difficulties with academic functioning due to increased vulnerability of the developing brain and missed early developmental opportunities. Extant literature examining academics in this population is limited. We investigated academic readiness, its clinical and demographic predictors, and its relationship with distal academic outcomes among patients treated for CNS tumors during early childhood.

Methods

Seventy patients with newly diagnosed CNS tumors were treated on a prospective, longitudinal, multisite study with chemotherapy, with or without photon or proton irradiation. Patients underwent assessments of academic skills at baseline, 6 months, 1 year, and then annually for 5 years. Assessments measured academic readiness and academic achievement in reading and math.

Results

Mixed linear models revealed slowed development of academic readiness skills over time. Socioeconomic status (SES) was predictive of academic readiness at all time points. Other demographic (eg, age at treatment) and clinical (eg, shunt status, treatment exposure) variables were not predictive of academic readiness. Distal reading difficulties were proportionally greater than normative expectations while math difficulties did not differ. Academic readiness was predictive of distal academic outcomes in reading and math.

Conclusions

Treatment for CNS malignancies in early childhood appears to slow development of academic readiness skills, with SES predictive of risk. Academic readiness skills were predictive of subsequent academic achievement. A disproportionate number of long-term survivors performed below age-based expectations in reading. These findings suggest the need for monitoring and interventions targeting early academic skills in this population.
Intra-ethnic and geographic disparities in stage at diagnosis for non-small cell lung cancer
Authors: Liu Qinran , Medina Heidy N , Koru-Sengul Tulay , Rodriguez Estelamari , Lopes Gilberto , Penedo Frank J , Islami Farhad , Pinheiro Paulo S
Published: August 2024

Background

Despite the importance of early detection for lung cancer outcomes, staging disparities among the growing US Hispanic population remain underexplored. This population-based study aimed to identify racial/ethnic disparities among non-Hispanic White, non-Hispanic Black, and Hispanic (including specific subgroups) patients in stage at diagnosis for potentially curable non-small cell lung cancer (NSCLC).

Methods

Incident NSCLC cases (2005-2018) were extracted from the Florida cancer registry. Stage was categorized as early (localized/regional) or advanced (distant). Multivariable logistic regression assessed the association between race/ethnicity and stage at diagnosis, adjusting for socioeconomic status, smoking, and clinical factors.

Results

Among 157 034 NSCLC patients, 47.8% were diagnosed at an advanced stage. Multivariable models showed higher odds of advanced-stage diagnosis for non-Hispanic Blacks (adjusted odds ratio [ORadj] = 1.22, 95% confidence interval [CI] = 1.17 to 1.26) and Hispanics (ORadj = 1.03, 95% CI = 1.00 to 1.08) compared with non-Hispanic Whites. Regional differences were stark for Hispanics compared with non-Hispanic Whites: ORadj = 0.96 (95% CI = 0.91 to 1.01) in South Florida vs 1.12 (95% CI = 1.05 to 1.19) in the rest of Florida. In South Florida, Central Americans (ORadj = 1.49, 95% CI = 1.20 to 1.85) were the only Hispanic group showing a staging disadvantage compared with non-Hispanic Whites.

Conclusion

Pronounced disparities in NSCLC staging among non-Hispanic Black and Hispanic populations, with notable regional variations within Florida’s Hispanic communities, indicate that targeted interventions could significantly enhance early detection. The relative advantage observed in nearly all minority groups in multicultural South Florida compared with the rest of Florida underscores the need for future research exploring how specific Hispanic and multiracial sociocultural contexts can positively influence the landscape of cancer early detection across the United States.
Trademarks and Related Rights in China
Authors: Zhu Dong , Lin Xiuqin
Published: August 2024

This chapter illustrates that the use of trade mark is an outcome of commodity economy. There was no trade mark law that originated within ancient China. The modern trade mark registration regime in China was introduced in 1904, at the end of the Qing Dynasty, to meet the requirements imposed by foreign countries. The current Trade Mark Law (TML) in China was passed in 1982 and went into force in 1983 under the background of the reform and opening policy. The latest amendment of TML was made in 2013 to cater for the enforcement of the National Intellectual Property Strategy, and the new law had come into force on 1 April 2014. It was deemed as an initiative update of the current rules compared to the former amendments.
Institutional Actors, Design, and History of the EU and UK Competition Law Systems
Authors: Lianos Ioannis , Korah Valentine , Siciliani Paolo
Published: August 2024

This chapter provides an overview of the institutional actors, design and history of the competition law systems in the European Union and the UK. It begins with a discussion of the legal framework, focusing on the main competition law provisions in the EU and UK. The role of EU competition law provisions within the EU treaties is considered, along with provisions applying to all undertakings such as antitrust and merger control, application of Articles 101-102 TFEU to state conduct, the INNO doctrine, and UK laws such as Competition Act 1998. The chapter also looks at the main actors in the EU competition law process, including the European Commission and national competition authorities, and the main actors in the UK competition law process such as the Competition and Markets Authority. Finally, the history of competition law as well as the interaction between EU competition law and UK competition law are analysed.
Introductory Material
Authors: Vogenauer Stefan
Published: August 2024

This introduction provides an overview of the UNIDROIT Principles of International Commercial Contracts (PICC) 2010, which are designed to be an ‘elaboration of an international restatement of general principles of contract law’. The PICC seek to meet the perceived need for a harmonization of the law of international commercial contracts while avoiding some of the problems that have beset more traditional tools of harmonization. This introduction explains how the idea of a restatement of international commercial contract law came about and discusses the structure, presentation, and style of the PICC as well as their scope and reception. It also considers the outlook for the PICC in terms of substantive changes and promotion of the use of the PICC in legal practice.
Special Jurisdiction
Authors: Lehmann Matthias , Lein Eva , Rogerson Pippa , Ancel Marie-Elodie
Published: August 2024

This chapter discusses Art 7 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council on Jurisdiction and the Recognition and Enforcement of Judgments (Recast), which contains seven grounds of special jurisdiction. These grounds are ‘special’ in so far as they are exceptions to the principle of sequitur forum rei established by Art 4 as the general principle of the Regulation in allowing claims to be brought in a forum different from the domicile of the defendant. The chapter covers provisions on jurisdiction for contractual matters; jurisdiction in matters relating to tort, delict, or quasi-delict; jurisdiction linked to criminal proceedings; jurisdiction for the retrieval of cultural objects; jurisdiction over establishments; and jurisdiction relating to trusts.
Lis Pendens and Related Actions
Authors: Rogerson Pippa , Lehmann Matthias , Garcimartín Francisco
Published: August 2024

This chapter discusses the new Arts 29-34 (Section 9 of Chapter II) of the Recast Regulation, which are centrally important to the operation of the Regulation. It covers provisions on lis pendens and related actions in another Member State, lis pendens and exclusive jurisdiction, autonomous determination of the time at which the court was seized, and lis pendens and related actions in non-Member States.
France
Authors: Gaillard Emmanuel , Darrigade Coralie
Published: August 2024

This chapter discusses the arbitration system of France. It first provides a historical background on France’s arbitration law and an overview of the current status of the law before explaining the distinction between national and international arbitration as well as the practice of arbitration in the country. It then considers the jurisdiction of the arbitral tribunal, with particular emphasis on the arbitration agreement itself, the issue of arbitrability in the context of international arbitration, and the constitution of the arbitral tribunal (eg, number and qualification of arbitrators, appointment of arbitrators). The arbitral procedure is also examined, along with the process of rendering the arbitral award, costs of the arbitration, and the question of liability of arbitrators. The chapter concludes with an analysis of enforcement rules for national awards versus foreign awards in France.
Governing Financial Institutions
Authors: Busch Danny , Ferrarini Guido , van Solinge Gerard
Published: August 2024

This introductory chapter provides an overview of the governance of financial institutions. After the numerous bank failures resulting from the 2008 financial crisis, regulation and supervision have been enhanced both as a complement to the governance of financial institutions and as a substitute for the same in areas where governance failures appear more evident. Indeed, the financial crisis has led to a restatement of the global principles concerning the corporate governance of financial institutions in the belief that governance failures contributed to these institutions' failures in the crisis. Given that corporate governance is a complement to regulation in assuring the stability of financial institutions, an important question for policy research is to what extent and under what conditions regulation should work either as a complement or a substitute for corporate governance.
Evaluation of BEPS Transfer Pricing Measures
Authors: Collier Richard S , Andrus Joseph L
Published: August 2024

This chapter evaluates the changes described in the previous chapter, and considers whether they provide a solid foundation for future transfer pricing determinations. The BEPS transfer pricing outputs are prodigious. They reflect a serious effort to come to grips with issues that have bedeviled transfer pricing practice for many years. In some respects they do so relatively successfully. In other respects, however, improvement has been hard to come by and in some instances the BEPS changes create new concerns, which this chapter considers in more depth. It also looks at some of the collateral consequences that may flow from the BEPS work.
The Concept of Expropriation in Investment Treaty Arbitration
Authors: Cox Johanne M
Published: August 2024

This chapter examines the concepts of direct and indirect expropriation as well as the conditions for lawfulness of expropriation in investment treaty law and customary international law. It first explains the distinction between two broad catagories of expropriation, namely direct and indirect takings, and the different manifestations of direct expropriation (nationalisation, specific takings, requisition, and confiscation). It then describes the four common forms of indirect expropriation: creeping expropriation, regulatory expropriation, contractual expropriation, and judicial expropriation. It also considers efforts at codification of expropriation of customary international law and how investment treaty tribunals recognise the distinction between direct and indirect expropriation. Finally, it explores lawful expropriation vs. illegal, wrongful or unlawful expropriation, taking into account the conditions of legality under customary international law, bilateral investment treaties (BITs) and international investment treaties. A number of cases are given to illustrate whether the State has breached the treaty conditions of legality.
International Sale Contracts and Their Performance
Authors: Goldby Miriam
Published: August 2024

This chapter examines international sale contracts and their performance. In a contract for the sale of goods, the seller and the buyer both take on obligations: the seller, to deliver the goods in accordance with the contract terms; and the buyer, to accept compliant goods and to pay for them. The international sale of goods is characterized by the ubiquitous use of standard contractual terms, prepared by representative bodies including the International Chamber of Commerce (ICC), whose international commercial terms are used for all types of international sale, as well as trade associations. Two types of standard contract that are in widespread use in maritime trade and which have been commented on extensively by the courts are contracts on cost, insurance, and freight (CIF) terms and contracts on free on board (FOB) terms. The chapter then considers the performance of the payment obligation and supply chain finance.
Origins
Authors: Clarry Daniel
Published: August 2024

This chapter talks about the origins of the supervisory jurisdiction over trust administration. The foundations of this jurisdiction began to take shape in the mid- to late 16th century, brought upon by two key enactments relating to uses and wills, after which time the Court oversaw the administration of active trusts. The ground was laid for supervisory powers to develop in the Court to overcome practical difficulties arising in trust administration even as trusts became increasingly complex and were deployed to fulfil a range of purposes. The chapter shows how the evolution of judicial supervision of trust administration was spurred on by the broader use of trusts for private and public endeavours that needed to be performed by trustees over a plane of time, as opposed to trusts being used for simple conveyancing.
Regulating the Office of Trustee
Authors: Clarry Daniel
Published: August 2024

This chapter explores how the office of trustee is the central administrative cog that exists above and beyond any person who assumes that office for the time being until such time as the trust is performed. Given its centrality to trust administration, the Court’s power to regulate the office of trustee is an important part of the supervisory jurisdiction over trust administration. This process can be dissected into three main aspects: appointment of trustees; removal and retirement of trustees; and fixing the remuneration of trustees. As administrative and protective functions that regulate the office of trustee to facilitate the performance of trusts, these functions are key aspects of the supervisory jurisdiction over trust administration.
Overview and Glossary
Authors: van Setten Lodewijk
Published: August 2024

This book examines the legal and regulatory principles that govern investment in financial assets such as stocks, bonds and derivatives. The focus is on the roles of investment firms and banks during the investment cycle. The book also considers the level of protection — in terms of risk mitigation — against conduct and default risks that the operative legal and regulatory principles offer at the various stages of the investment cycle. This chapter describes the structure of the investment cycle, with emphasis on the professional character of the services and activities of investment firms, as well as the inherent risks of the investment cycle and the risk mitigating impact of the regulatory governance requirements. Furthermore, it explains the use of agency authority by investment firms to perform contracts for investment services. Finally, it provides a glossary of terms used throughout the book.
Client Agreements and Compensatory Damages
Authors: van Setten Lodewijk
Published: August 2024

This chapter discusses the regulatory framework for the agreement between the investment firm and the client. The terms of the client agreement are the primary source for the investment firm’s private law duties to the investor. To arrive at a set of contractual duties, the client agreement needs to be construed. ‘Construction’, as a concept, may be divided into the process of interpretation of the express terms and the process of implication of terms into an agreement by law, by fact, or based on custom and usage. The chapter first considers the applicable standard of skill and care for client agreements before explaining the regulatory expectations around governance and control of risks arising from the appointment of sub-contractors (outsourcing). It also examines the investment firm’s liability to provide compensation to the investor for losses caused by breach of duty relating to a contract, tort, or equity.
The Seller’s Duty and Power to Transfer Title
Authors: Bridge M G
Published: August 2024

This chapter is divided into two parts. First, it deals with the contractual relations of seller and buyer and the scope of the title to the goods that under section 12 of the Sale of Goods Act the seller is obliged to invest in the buyer. Second, it deals with the various circumstances in which a seller of goods, lacking the right to sell them to the buyer, has yet the power to override the superior title of a third party by the act of transferring the goods to the buyer. The disparate circumstances in which a seller can achieve this amount to a substantial inroad into the rule of nemo dat quod non habet that no one can transfer a better title than the one that he himself has.
The Proof Conundrum
Authors: Jensen J Ole
Published: August 2024

This chapter explains how the ‘proof conundrum’ makes it difficult to ascertain the irregular involvement of tribunal secretaries in an arbitration. It first considers the burden and required standard of proof regarding any procedural irregularity involving tribunal secretaries before discussing a variety of methods of proof as to their potential to overcome the proof conundrum. These methods include direct testimony, disclosure of documents relating to use of secretary, time sheets, and linguistic analysis of the award. The chapter shows how the secrecy of arbitral deliberations prevents most cases of an impermissible use of secretaries from ever coming to light and identifies which tools exist to nevertheless obtain information. It argues that any remedies may be available at all only if there are concrete signs of an impermissible use of tribunal secretaries.
Conflict of Interest
Authors: O’Sullivan Dominic
Published: August 2024

This chapter explores how a conflict of interest in a case could trigger a rescission. Transactions involving the purchase or sale of trust are declared void and subject to rescission. A fair-dealing rule regulates the transactions between fiduciaries and their principals. The danger arises when a fiduciary would be tempted to favour his interests by disregarding his duty towards their principal. The chapter covers the nature and basis of the fair-dealing rule, while also tackling its relationship with presumed undue influence. It cites double employment, causation irrelevant, and bribery as examples that trigger a conflict of interest and a contract’s rescission.
Extinction of the Contract
Authors: O’Sullivan Dominic
Published: August 2024

This chapter studies situations when a contract comes to be set aside ab initio. It explains how a contract would be automatically extinguished as soon as the innocent party chooses to disaffirm it when a contract is voidable at common law. After the consideration of common law, the chapter looks at the position where a transaction could only be voidable in equity. While fraud primarily gives a right to rescind, it is the transaction’s rescission that provides a defence. The chapter then covers the practice of issuing injunctions in an effort to restrain action at law from becoming redundant after the Judicature reforms. It also looks into the discretion used to grant rescissions.
Partial Rescission
Authors: O’Sullivan Dominic
Published: August 2024

This chapter discusses partial rescission, which involves setting aside one part of a contract while leaving other obligations in force. It also includes the statutory adjustment of insurance contracts wherein a party wishes to virtually rescind their contract against a wrongdoing party. However, according to common law and equity, a contractual bargain cannot be rescinded in part unless the part is properly severed. The rule against partial recission goes in line with the court not involving itself in the rewriting of bargains, and rescission should take effect automatically on the claimant’s election. The chapter then expounds on possible adjustments to insurance contracts. Moreover, it explores rescission against third-party wrongdoers.
Remote Recipients
Authors: O’Sullivan Dominic
Published: August 2024

This chapter explores claims to recover an asset in the hands of a remote recipient. Remote recipient refers to a purchaser, mortgagee, or other transferees who acquired interest from the guilty party to the voidable transaction. Rescission becomes available if the remote recipient is a volunteer or recipient of a crossed cheque. When taking the defeasible title granted under the voidable transaction, remote recipients of assets sold under a voidable transaction are frequently exposed to proprietary claims as a result of rescission. The chapter then expounds on the nature of the claims of remote recipients and the consequences of recovery.
The Organization of European Commission Proceedings
Authors: Blanco Luis Ortiz , Jörgens Konstantin , Centella Marisa Tierno
Published: August 2024

abstracts and keywords to be supplied.
Opening of the File and of Proceedings; Transparency
Authors: Blanco Luis Ortiz , Jörgens Konstantin
Published: August 2024

Abstracts and keywords to be supplied.
Directives under Article 106(3)
Authors: Sierra José Luis Buendía
Published: August 2024

Abstracts and keywords to be supplied.
Set-off
Authors: McParland Michael
Published: August 2024

This chapter explains Article 17 of the Rome I Regulation. Set-off is a method of extinguishing reciprocal obligations. While the characterisation of set-off has caused difficulties in cross-border disputes, the practical problem is a choice of law. Article 17 aims to resolve the question of which law applies to determine the existence, nature, and effect of a claimed right to set-off. It is concerned with ‘the right to set-off’ rather than any procedural mechanisms involved. Article 17 only applies where the right to set-off arises from the ordinary principles of the identified applicable law. Such rights exist in several ways and under several labels within the national laws of Member States.
The Right to Marry, the Right to Respect for Family Life, the Prohibition on Discrimination, and International Marriage
Authors: Fawcett James J , Shúilleabháin Máire Ní , Shah Sangeeta
Published: August 2024

This chapter explores the impact of the right to marry and the right to respect for family life and the prohibition on discrimination on the English choice of law rules relating to validity of marriage and civil partnership. In their broad outline, the traditional English private international law rules on validity of marriage are reasonably well aligned with Articles 8, 12, and 14 ECHR as they have been interpreted by the ECtHR. The English choice of law rules presuppose a sharp distinction between formal validity on one hand and essential validity (or capacity) on the other, and this bifurcation is reflected in the ECtHR’s recognition of legitimate ‘substantive’ and ‘procedural’ restrictions on marriage. In their detail, however, the English rules are sometimes seriously misaligned with human rights expectations and most of the case law appears to have developed without any awareness of the potential impact of the ECHR.
Valuation Standards and Criteria
Authors: Marboe Irmgard
Published: August 2024

This chapter gives an outline of the legal framework of compensation and damages in international investment law. Starting from the standard of compensation upon expropriation under international law it analyses the difference between lawful and unlawful expropriations. It then examines the criteria for valuation in cases of State responsibility and breaches of contract. Furthermore, it addresses the appropriate valuation date as well as the issues of contributory negligence and the duty to mitigate damages. Finally, it discusses the question to what extent equitable considerations and the respondent State’s economic situation should have an influence on the financial outcome of the award.