bluuebunny/crossref_metadata_2025 huggingface dataset:
Screening for intimate partner violence during pregnancy: a test accuracy study
Authors: Zapata-Calvente Antonella Ludmila , Megías Jesús L , Velasco Casilda , Caño Africa , Khan Khalid S , Rubio Leticia , Martín-de-las-Heras Stella
Published: January 2022

Background

Intimate partner violence (IPV) against women is a serious health problem that affects pregnancy more frequently than other obstetric complications usually evaluated in antenatal visits. We aimed to estimate the accuracy of the Women Abuse Screening Tool-Short (WAST-Short) and the Abuse Assessment Screen (AAS) for the detection of IPV during and before pregnancy.

Methods

Consecutive eligible mothers in 21 public primary health antenatal care centres in Andalusia (Spain) who received antenatal care and gave birth during January 2017–March 2019, had IPV data gathered by trained midwives in the first and third pregnancy trimesters. The index tests were WAST-Short (score range 0–2; cut-off 2) and AAS (score range 0–1; cut-off 1). The reference standard was World Health Organization (WHO) IPV questionnaire. Area under receiver operating characteristics curve (AUC), sensitivity and specificity with 95% confidence intervals (CI) were estimated for test performance to capture IPV during and before pregnancy, and compared using paired samples analysis.

Results

According to the reference standard, 9.5% (47/495) and 19.4% (111/571) women suffered IPV during and before pregnancy, respectively. For capturing IPV during pregnancy in the third trimester, the WAST-Short (AUC 0.73, 95% CI 0.63, 0.81), performed better than AAS (AUC 0.57, 95% CI 0.47, 0.66, P = 0.0001). For capturing IPV before pregnancy in the first trimester, there was no significant difference between the WAST-Short (AUC 0.69, 95% CI 0.62, 0.74) and the AAS (AUC 0.69, 95% CI 0.62, 0.74, P = 0.99).

Conclusions

The WAST-Short could be useful to screen IPV during pregnancy in antenatal visits.
Investigating Poetry with J. V. Foix
Authors: Bohn Willard
Published: January 2022

Widely considered to be the best Surrealist poet writing in Catalan, J. V. Foix incorporated a number of principles associated with Sigmund Freud into his imaginative works, in which an assortment of dream mechanisms expressed his unconscious desires, fears, thoughts, and motivations. By means of surprising associations and astonishing encounters, Foix managed to transform his everyday surroundings into a magical universe characterized by whimsical juxtapositions, impossible encounters, and unexpected discoveries. Extending from the beginning to the end of his long and distinguished career, the four poems that I have chosen to examine illustrate the characteristic manner in which he juxtaposed spatial and temporal distortions in the process of crafting his unforgettable dream-works.
Iron supplementation and paediatric HIV disease progression: a cohort study among children receiving routine HIV care in Dar es Salaam, Tanzania
Authors: Andersen Christopher T , Duggan Christopher P , Manji Karim , Seage George R , Spiegelman Donna , Perumal Nandita , Ulenga Nzovu , Fawzi Wafaie W
Published: January 2022

Background

Anaemia is common among HIV-infected children and iron supplementation is prescribed routinely for the prevention and management of anaemia among children. Limited evidence suggests iron supplementation may have adverse effects among HIV-infected populations. We aimed to estimate the effect of iron supplement use on mortality, disease progression and haematological outcomes among HIV-infected children in Dar es Salaam, Tanzania.

Methods

A prospective cohort study was conducted among HIV-infected children (aged 0–14 years) receiving antiretroviral treatment or supportive care between October 2004 and September 2014. Clinical data were recorded on morbidity and vital status, haematological status and prescriptions at each clinical visit. Cox proportional hazards models adjusted for time-varying covariates were used to estimate the association of time-varying iron supplementation on the hazard rate of mortality, HIV disease stage progression, tuberculosis incidence and anaemia and microcytosis persistence.

Results

In all, 4229 children were observed during 149 260 clinic visits for a mean follow-up of 2.9 years. After adjustment for time-varying clinical covariates, time-varying iron supplementation was associated with a 2.87 times higher hazard rate of mortality (95% CI: 1.70, 4.87) and a 1.48 times higher hazard rate of HIV disease stage progression (95% CI: 1.10, 1.98). Iron supplementation was also associated with a lower rate of anaemia persistence (HR = 0.47; 95% CI: 0.37, 0.61). No differences in the association between iron supplementation and clinical outcomes were observed by antiretroviral therapy or anaemia status.

Conclusions

Iron supplementation may increase the risk of HIV disease stage progression and mortality among HIV-infected children, while reducing the risk of anaemia.
Multiple projection Markov chain Monte Carlo algorithms on submanifolds
Authors: Lelièvre Tony , Stoltz Gabriel , Zhang Wei
Published: January 2022

We propose new Markov chain Monte Carlo (MCMC) algorithms to sample probability distributions on submanifolds, which generalize previous methods by allowing the use of set-valued maps in the proposal step of the MCMC algorithms. The motivation for this generalization is that the numerical solvers used to project proposed moves to the submanifold of interest may find several solutions. We show that the new algorithms indeed sample the target probability measure correctly, thanks to some carefully enforced reversibility property. We demonstrate the interest of the new MCMC algorithms on illustrative numerical examples.
Long-Term Stability of Benzodiazepines and Z-Hypnotic Drugs in Blood Samples Stored at Varying Temperatures
Authors: Banaszkiewicz Laura , Woźniak Mateusz Kacper , Domagalska Ewa , Kaliszan Michał , Kot-Wasik Agata
Published: January 2022

Benzodiazepines (BZDs) and Z-drugs are among the most commonly prescribed pharmaceuticals in the world and are considered standard care for various mental illnesses and for the treatment of sleeping and anxiety disorders, alcohol withdrawal, muscle spasms and epilepsy. Some BZDs are not allowed as pharmaceuticals in many countries, and they are used as designer benzodiazepines (DBZDs). All these compounds are typically screened in routine toxicological analyses for forensic purposes. Knowledge of time-dependent decreases in drug concentrations during storage or transport of samples is of considerable significance and allows forensic toxicologists to achieve reliable data, proper interpretation and high-quality results. The aim of this study was to evaluate changes in the amounts of selected BZDs, DBZDs and Z-drugs in blood samples stored at various temperatures. The study involved BZDs (19), DBZDs (3) and Z-drugs (2) spiked into blank blood. Subsequently, the blood samples were stored at various temperatures (room temperature, 4°C, −20°C and −80°C) for up to 6 months. Analyses were performed at 1- to 2-week intervals using liquid chromatography–tandem mass spectrometry. The stability of compounds was evaluated under four temperature conditions over a 6-month period. Some BZDs were stable at all temperatures tested (e.g., diazepam, oxazepam, nordazepam and prazepam) with a degradation rate of only 0–10%. The highest instability was observed for analyte samples kept at room temperature, and the losses in content for some compounds, e.g., lorazepam and chlordiazepoxide, were almost 100%. For other compounds, the stability was clearly different at each tested temperature. To the best of our knowledge, this is one of the first such comprehensive study of the long-term stability of BZDs covering a wide range of different storage temperatures.
MicroRNA-30c-2-3p targets STRIP2 to suppress malignant progression of gastric cancer cells
Authors: Wu Junfei , Lu Guochun , Zhou Shengkun , Jin Zier , Fang Fu
Published: January 2022

MicroRNA plays a crucial part in genesis and development of gastric cancer (GC). We uncovered that microRNA-30c-2-3p was down-regulated in GC tissue and cell lines. Suppression of microRNA-30c-2-3p promoted progression of GC cells in vitro. STRIP2 was confirmed as a target for microRNA-30c-2-3p. MicroRNA-30c-2-3p overexpression remarkably suppressed cell malignant behaviours, while reintroduction of STRIP2 partially restored the anticancer effect of microRNA-30c-2-3p. Taken together, these findings suggested that microRNA-30c-2-3p acted as a candidate tumour suppressor in GC by directly targeting STRIP2. Therefore, microRNA-30c-2-3p can be used as a towardly GC therapeutic target.
Practical genetic control strategies for industrial bioprocesses
Authors: Moore Jonathan C , Ramos Itzel , Van Dien Stephen
Published: January 2022

Optimization of metabolism to maximize production of bio-based chemicals must consistently balance cellular resources for biocatalyst growth and desired compound synthesis. This mini-review discusses synthetic biology strategies for dynamically controlling expression of genes to enable dual-phase fermentations in which growth and production are separated into dedicated phases. Emphasis is placed on practical examples which can be reliably scaled to commercial production with the current state of technology. Recent case studies are presented, and recommendations are provided for environmental signals and genetic control circuits.
The hidden world within plants: metatranscriptomics unveils the complexity of wood microbiomes
Authors: Nerva Luca , Garcia Jadran F , Favaretto Francesco , Giudice Gaetano , Moffa Loredana , Sandrini Marco , Cantu Dario , Zanzotto Alessandro , Gardiman Massimo , Velasco Riccardo , Gambino Giorgio , Chitarra Walter
Published: January 2022

The importance of plants as complex entities influenced by genomes of the associated microorganisms is now seen as a new source of variability for a more sustainable agriculture, also in the light of ongoing climate change. For this reason, we investigated through metatranscriptomics whether the taxa profile and behaviour of microbial communities associated with the wood of 20-year-old grapevine plants are influenced by the health status of the host. We report for the first time a metatranscriptome from a complex tissue in a real environment, highlighting that this approach is able to define the microbial community better than referenced transcriptomic approaches. In parallel, the use of total RNA enabled the identification of bacterial taxa in healthy samples that, once isolated from the original wood tissue, displayed potential biocontrol activities against a wood-degrading fungal taxon. Furthermore, we revealed an unprecedented high number of new viral entities (~120 new viral species among 180 identified) associated with a single and limited environment and with potential impact on the whole holobiont. Taken together, our results suggest a complex multitrophic interaction in which the viral community also plays a crucial role in raising new ecological questions for the exploitation of microbial-assisted sustainable agriculture.
The Institutional Framework
Authors: Blanco Luis Ortiz , Jörgens Konstantin
Published: January 2022

This introductory chapter provides an overview of the EU competition procedure. The basic EU competition provisions applicable to businesses or undertakings are Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Both provisions are an important part of the EU legal order and pursue one of the main objectives of the TFEU and the Treaty on European Union (TEU), namely that of achieving an internal market. Article 101(1) TFEU prohibits agreements and arrangements between undertakings that affect trade between Member States and which have as their object or effect the prevention, restriction, or distortion of competition within the European Union. Meanwhile, Article 102 TFEU prohibits abuses of a dominant position within the internal market by one or more undertakings. On the basis of Article 103 TFEU, the EU Council adopted a series of regulations which define in detail the procedure applicable to competition matters and has entrusted the application of that procedure to the European Commission. The Council also authorized the Commission to adopt supplementary procedural rules. The chapter then details the antitrust general regime. Both the Commission and national competition authorities (NCAs) are responsible for enforcing the EU competition rules.
The Role of National Judicial Authorities
Authors: Jörgens Konstantin , Holzwarth Johannes
Published: January 2022

This chapter discusses the role of national judicial authorities. National courts' involvement with the EU competition rules occurs at three different levels. First, a specific court can be designated by a Member State as its national competition authority, thereby becoming a specialized body. Second, particular courts may be vested with the power to review on appeal the decisions of the national competition authority, whether of an administrative or judicial nature. Finally, national courts are those which, in the exercise of their general jurisdiction, may be called upon to apply Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) in claims between private parties at first instance or on appeal. This chapter concentrates on the third function. The adoption of Directive 2014/104/EU on certain rules governing actions for damages under national law for infringements of competition law provisions of the Member States and of the European Union (Damages Directive) was meant to strengthen further the role of the national courts. It required all Member States to enable recovery by introducing a consistent minimum standard on procedural matters such as time periods for limitation and disclosure of documents and on evidence such as the presumption that cartels cause harm. The chapter then looks at the cooperation between national courts and the European Commission.
The Organization of European Commission Proceedings
Authors: Jörgens Konstantin , Centella Marisa Tierno
Published: January 2022

This chapter focuses on the organization of European Commission proceedings. The Commission is an administrative authority which plays several different roles at the same time. Its functions are legislative, administrative, and, consequently, political. Not only does it enforce competition law, it also creates it, and, by so creating and applying it, develops competition policy. Like any administrative authority, the Commission undertakes preliminary inquiries, hears submissions of the parties, and then adopts the appropriate decision, imposing fines if necessary. The Commission has the burden of proving the infringement and throughout the proceedings it ‘strives to respect the rights of defendants, complainants and third parties’. With regard to infringements, Regulation 1/2003 lays down two successive but clearly separate procedures. First, a preparatory investigation procedure, the purpose of which is to enable the Commission to obtain the information necessary to check the actual existence and scope of a specific factual and legal situation, and which includes the possibility of requesting information and carrying out inspections of undertakings' premises. A second inter partes procedure commences with the statement of objections that the Commission sends to the undertakings when it has sufficient evidence of an infringement. The chapter then describes Commission decisions.
Procedural Infringements
Authors: Sauer Ralf , Blanco Luis Ortiz
Published: January 2022

This chapter addresses fines and periodic penalty payments. Undertakings which fail to fulfil their procedural obligations during an investigation may be held responsible and fined. EU competition law provides for two types of pecuniary penalties, which, however, have ‘shared characteristics and objectives’: first, fines which sanction past unlawful behaviour but are considered as non-criminal by the EU legislator; and second, periodic penalty payments, which accumulate daily for each day the undertaking fails to comply with its obligations. The objective of fines is twofold: they are designed (i) to penalize infringements; and (ii) to ensure that undertakings in general and specifically the infringing undertaking refrain(s) from hampering Commission investigations. As for periodic penalty payments, their central objective is to induce undertakings by way of a financial incentive to take, or refrain from taking, certain action. In both cases, the Commission seeks to ensure the effectiveness of the investigatory process, and in particular to avoid that decisions on substance are taken on the basis of incomplete, incorrect, or misleading information.
Voluntary Adjustments, Commitments, Finding of Inapplicability, Informal Guidance
Authors: Jörgens Konstantin , Blanco Luis Ortiz
Published: January 2022

This chapter focuses on voluntary adjustments, commitments, finding of inapplicability, and informal guidance. Regulation 1/2003 does not prevent the European Commission from settling cases by way of informal arrangements. While Article 9 of Regulation 1/2003 empowers the Commission to adopt decisions accepting commitments offered by undertakings in the course of proceedings, the Commission continues to end cases by informal settlements if, all things considered, it deems that this is the best way to settle a matter. The Commission's power under Article 9 of Regulation 1/2003 to terminate its proceedings by binding companies to the commitments they offer thus does not create an obligation to this effect. Nor is the Commission obliged to adopt any other formal decision provided by Regulation 1/2003. Examples of such informal settlements are situations where it is agreed with the parties that the latter will behave in a given manner in order to avoid infringing the EU competition rules, at least where a statement of objections has yet to be issued or where the conduct in question has already definitively ceased.
Other Special Procedures
Authors: Sauer Ralf , Jörgens Konstantin
Published: January 2022

This chapter looks at other special procedures, such as interim measures and withdrawal of the benefit of a block exemption. Article 8 of Regulation 1/2003 empowers the European Commission, ‘in cases of urgency due to the risk of serious and irreparable damage to competition, acting on its own initiative’, to take a decision ordering interim measures ‘on the basis of a prima facie finding of infringement’. Since the conditions for ordering interim measures are cumulative, failure to fulfil one of these them will prevent the Commission from exercising its power to adopt interim measures. In addition, any measures that the Commission takes must be of a temporary and conservatory nature, and restricted to what is necessary in the situation at hand. Also, the Commission has to balance the public interest in adopting interim measures with the legitimate interests of the undertaking that is the object of such measures, and respect the essential procedural safeguards guaranteed to it. Meanwhile, Article 29(1) of Regulation 1/2003 provides that the Commission may revoke a block exemption in individual cases, without the need to modify the Regulation under which that exemption was granted.
Procedures
Authors: Boyd Marcos Araujo , Lingen Nicolas von
Published: January 2022

This chapter details the procedures under the Merger Control Regulation. Proceedings under the Merger Control Regulation have two phases. The first phase is limited to determining whether there are serious doubts about the operation that justify initiating the second phase. This involves an analysis of the markets affected. At the same time, other tasks are carried out, such as verifying that the notification is complete, that the European Commission has jurisdiction, contacting NCAs and competitors, and, where appropriate, drafting and signing the decision. Article 6(1)(c) of the Merger Control Regulation provides that ‘where the Commission finds that the concentration notified falls within the scope of this Regulation and raises serious doubts as to its compatibility with the internal market, it shall decide to initiate proceedings’. This decision, which brings an end to the first phase and initiates the second, normally contains a lengthy statement of the Commission's doubts. Once this decision has been adopted, the Commission will invite the notifying parties to discuss the timetable, with a view to making the investigation more effective, reducing the burden on the notifying parties and third parties, and increasing transparency in the procedure. Remedies may be offered both in the first or the second phase of the proceedings. The chapter then considers the investigative and sanctioning powers of the Commission.
Judicial Review of Commission Decisions Regarding Concentrations
Authors: Boyd Marcos Araujo , Lingen Nicolas von
Published: January 2022

This chapter addresses the judicial review of European Commission decisions regarding concentrations. The Courts of the European Union have exclusive jurisdiction to control the legality of the decisions adopted by the Commission in the field of concentrations. Over the years, judicial review of these decisions has touched many aspects of the Commission's practice, raising questions as to where the balance of discretion of the Commission and intensity of the review should lie. The European Courts have also examined the conformity of actions of Member States in relation to the Regulation. The resulting body of case law has been instrumental in the review and improvement of the working methods of the Commission and has played a major instigating role in the reform process that the Directorate-General for Competition (DG COMP) and the Merger Control Regulation (MCR) itself have undergone. Articles 263 TFEU and 21(2) of the MCR provide for the direct review by the EU Courts of decisions adopted by the Commission under the Regulation. That principle is reiterated in respect of decisions imposing fines or periodic penalty payments by Article 16 of the MCR, where the courts enjoy unlimited jurisdiction pursuant to Article 262 TFEU. Other acts adopted by the Commission under the MCR may also be challenged before the EU Courts.
Decisions under Article 106(3) TFEU
Authors: Sierra José Luis Buendía
Published: January 2022

This chapter describes the procedure for the application of rules regarding public undertakings and special and exclusive rights in EU law, a question which is more complicated and of greater scope than may first appear. In fact, Article 106(3) of the Treaty on the Functioning of the European Union (TFEU) provides a special procedure intended not only to bring an end to infringements of Article 106(1) TFEU committed by Member States, but also to adopt general measures designed to define the scope of the obligations under Article 106(1) and/or to prevent future infringements of those obligations. Thus, Article 106(3) grants to the Commission, on the one hand, the power to adopt decisions declaring that Member States have infringed the obligations under Article 106(1) and obliging the Member State to put an end to the infringement. Decisions adopted under the legal basis provided by Article 106(3) have also been issued by the Commission for taking note of remedies proposed by a Member State following up an Article 106(3) decision and making such commitments binding within a certain time frame. This procedure constitutes an exception to the general procedure contained in Article 258 TFEU, in which it is up to the Court of Justice (ECJ) to declare that the Treaty has been infringed.
Unlawful Aid
Authors: Keppenne Jean Paul , Caviedes Carlos Urraca
Published: January 2022

This chapter focuses on unlawful aid. Aid is considered to be unlawful (or unlawfully granted) when it is put into effect without first having been notified to the European Commission, or when it has been notified but then put into effect before the Commission has made a decision within the given time limit. Its unlawfulness derives from an infringement of the last sentence of Article 108(3) TFEU. The existence of unlawful aid represents a ‘pathological’ situation in relation to the procedure laid down by the Treaty, thus explaining why it is not dealt with as such therein. The particular features of the unlawful aid control procedure have therefore had to be established on the basis of the case law of the Court of Justice (ECJ), and the Procedural Regulation. The general principle is one of parallelism with the review of notified aid, unless otherwise specified. Thus, the notion of existing aid serves to determine whether or not it is a case of unlawful aid. As for the procedure to be followed by the Commission in controlling unlawful aid, it also ensues from the stages laid down for the notified aid review procedure. Three different principles nonetheless characterize the unlawful aid control procedure: the Lorenz two-month time limit does not apply; the Commission can use its powers to impose injunctions; finally, if the aid is declared to be incompatible, the Commission has to demand its recovery.
Role of National Courts
Authors: Keppenne Jean Paul , Caviedes Carlos Urraca
Published: January 2022

This chapter describes the role of national courts in enforcing the procedural obligation laid down in Article 108(3) of the Treaty on the Functioning of the European Union (TFEU), that is the obligation incumbent on Member States not to grant any aid before it is approved by the European Commission. The involvement of national courts is the result of the direct effect that the last sentence of Article 108(3) TFEU is acknowledged to have. This provision creates rights in favour of individuals, which national courts are bound to protect. The standstill obligation incumbent on Member States can be invoked before national courts, and, moreover, in many different types of case. The most obvious example is when a competitor of the aid-receiving undertaking appeals to the competent court for annulment of the aid granted, and the refunding thereof. The chapter then examines the obligations incumbent on the national court when it is called upon to deal with an action based on the direct effect of the last sentence of Article 108(3) TFEU. It also considers the cooperation of national courts with the European Court of Justice (ECJ) and the Commission.
State Aid Litigation before the European Union Courts
Authors: PaulKeppenne Jean , UrracaCaviedes Carlos
Published: January 2022

This chapter studies State aid litigation before the European Union courts, which can take the most varied forms. The contending parties may be Member States and EU institutions, or EU institutions and private persons, usually undertakings and associations of undertakings. As for the types of procedures, the vast majority of cases involve actions for annulment or for failure to fulfil an obligation, to which may be added some proceedings for failure to act or non-contractual liability. The main questions raised by this litigation involve the admissibility of the appeal, due to uncertainties about determining the contestable acts, on the one hand, and the locus standi of the persons concerned, on the other. The chapter then looks at the procedures against the European Commission; the procedures against Member States; and the procedure for action against Council decisions adopted on the basis of the third subparagraph of Article 108(2) TFEU.
Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.9: Freedom from Ex Post Facto Laws
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter addresses Article 9 of the American Convention on Human Rights (ACHR), which enshrines the fundamental principle of criminal legality and is interpreted as a core element of criminal law in a democratic society. The principle seeks to prohibit arbitrariness in the application of criminal law and in punishments, by requiring compliance with criminal law that is pre-established, clear, and precise. As such, Article 9 specifies in the punitive area the general principle of legality at the basis of the legitimacy of power in a democratic society. Article 9 sets out three substantive norms with a view to protecting individuals against arbitrariness of a criminal conviction. These include the affirmation of legality and prohibition of retroactivity for actions or omissions committed (first sentence); the affirmation of legality and prohibition of retroactivity for penalties applied for offences committed (second sentence); and the limitation of the prohibition of non-retroactivity of the penalty when a law subsequent to the commission of the offence provides for a more lenient penalty (third sentence).
Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.24: Right to Equal Protection
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter assesses the provision on equality before the law laid down in Article 24 of the American Convention on Human Rights (ACHR), which at the same time draws the main logical consequence, namely, that the law must protect individuals without discrimination. On the basis of Article 1-1 of the ACHR, one can only claim to be a victim of discrimination if the right whose exercise or enjoyment that has been infringed is guaranteed by the ACHR. Nevertheless, Article 24 provides autonomous and much broader protection against discriminatory treatment, since equality must be recognized before the “law” in the domestic sense, so that in order to invoke it, it is not necessary to establish that what has been deprived of constitutes a right guaranteed by the ACHR. It is not even necessary to establish that it is a human right at all. The value protected by Article 24, which has its source in the dignity and “unity of the human family,” is that of equality to be respected by the State when it produces and applies law in the broad sense.
Part I State Obligations and Rights Protected, Ch.IV Suspension of Guarantees, Interpretation, and Application, Art.29: Restrictions Regarding Interpretation
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter explains Article 29, which is one of the core provisions of the American Convention on Human Rights (ACHR) and of the inter-American system of protection as a whole. It does not only contain the technical rules that aim to protect the Convention from a restrictive interpretation that would be based on domestic laws or other international instruments. Article 29 is the legal basis of the remarkable praetorian hermeneutics rules with which innovative protection of rights is built from the very first case during the 1980s. It is structured in four paragraphs but does contain two set of rules, with different purposes. The first (Article 29-a) prohibits the use of the ACHR to suppress or restrict abusively the exercise or the rights and freedoms of the Convention. The second set of rules (Article 29-b, c, and d) contains “savings clauses” aiming at ensuring the most favorable protection of the individual if a better protection is provided by another source, such as domestic laws or other treaty (Article 29-b); the 1948 American Declaration of the Rights and Duties of Man or other international acts of the same nature (Article 29-d); or any other source protecting rights or guarantees inherent in the human personality or derived from democracy (Article 29-c).
Part II Means of Protection, Ch.VI Competent Organs, Article 33
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter examines Article 33 of the American Convention on Human Rights (ACHR). In a nutshell, this article specifically identifies two protection bodies competent to deal with matters relating to the implementation by States Parties of their obligations under the Convention. The first organ is the Inter-American Commission on Human Rights, composed of seven members and based in Washington D.C., United States. The second body competent to supervise the American Convention is the Inter-American Court of Human Rights, composed of seven judges and based in San José, Costa Rica. The Court was created by, and therefore finds its legal basis within, the ACHR. Chapter VIII of the American Convention (Articles 52 to 69) details the rules of organization, jurisdiction, functions, and procedure of the Inter-American Court. As in the case of the Inter-American Commission, these provisions are supplemented by the Statute of the Court, its Rules of Procedure, and Chapter IX of the Convention.
Part II Means of Protection, Ch.VII Inter-American Commission on Human Rights, s.4 Procedure, Article 50
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter details Article 50 of the American Convention on Human Rights (ACHR). In a nutshell, Article 50 of the ACHR provides that if a friendly settlement has not been reached by the parties, the Inter-American Commission on Human Rights drafts a report establishing the facts and its conclusions and recommendations if necessary. Article 50 contains three paragraphs. The first paragraph explains the content of the “preliminary report,” included if needed, the separate opinion of commissioners. The second paragraph deals with the confidentiality principle and lays down a crucial element of the procedure. The report is expected to be sent to the States concerned that cannot disclose it. As regards the third paragraph, it indicates that the preliminary report may contain “proposals and recommendations” by the Commission, in addition to the elements described in Article 50-1 of the ACHR. From a litigation point of view, the Article 50 report is of the utmost importance, in the sense that it establishes the factual background and tends to identify the victims.
Part III General and Transitory Provisions, Ch.X Signature, Ratification, Reservations, Amendments, Protocols, and Denunciation, Article 76
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter analyzes Article 76 of the American Convention on Human Rights (ACHR), which is an “adaptation clause.” Its aim is to enable the text of the ACHR adopted in the specific context in 1969 to be adapted to changes in mentalities and perceptions of human rights. Indeed, it organizes the procedure for amending the instrument and, in this respect, the ACHR is one of the treaties which explicitly provide for their amendment regime. Article 76 of the ACHR refers to a specific modality of modification of the Convention, namely, the amendment. It must be read in conjunction with Article 77 of the ACHR, which refers to another explicit modality of modification of the Convention text, that is, the addition of protocols. In order to adapt the treaty to moving societal, political, or otherwise realities, the States Parties have, therefore, two different paths at their disposal, which do not have the same scope.
Introduction: Keep Calm and Continue Crowdfunding
Authors: Ortolani Pietro , Louisse Marije
Published: January 2022

This introductory chapter provides an overview of the EU Crowdfunding Regulation. Over the past ten years, technology has reshaped economic relationships on a global scale. One of the most notable developments in this respect is the rise of crowdfunding, which increasingly allows a wide range of ventures to receive funding through a variety of internet-based financing channels, rather than through the traditional vehicles of corporate finance. With the adoption of Regulation 2020/1503 (Crowdfunding Regulation), the EU aims at levelling the playing field for crowdfunding services, providing legal certainty and facilitating access to capital for companies (especially in the start-up phase). The chapter then distinguishes among different varieties of crowdfunding, looking at the different purposes that crowdfunding can serve.
Crowdfunding and UK Law
Authors: McMeel Gerard
Published: January 2022

This chapter discusses the impact of Brexit on the development and application of the Crowdfunding Regulation, summarising the main features of the UK legal framework applicable to crowdfunding. It also assesses the enduring relevance of that framework, in the wake of the Withdrawal Agreement. Overall the regime for crowdfunding in the UK is intended to facilitate business of this type, while ensuring that the usual protections for investors and debtors in orthodox financial services apply equally to functionally equivalent crowdfunded activities. The UK regime owes debts to earlier EU legislation, principally MiFID II for investment-based activity, and the Consumer Credit Directive for debt-based activity. However, given the UK’s withdrawal from the EU, it represents a distinct regime unaffected by the Crowdfunding Regulation.
Is the Crowdfunding Regulation Future-Proof?
Authors: Battaglini Raffaele , Davico Davide
Published: January 2022

This chapter assesses the scope of application of the Crowdfunding Regulation ratione materiae, with reference to the rapidly evolving world of blockchain-based crowdfunding techniques, such as Initial Coin Offerings (ICOs), Initial Token Offerings (ITOs), and Initial Exchange Offerings (IEOs). It investigates whether the choice to exclude ICOs/ITOs/IEOs from the scope of the Crowdfunding Regulation was correct. The chapter then presents a comparison between the Regulation and the future possible regulation of crypto-assets in the EU, with particular reference to the proposed Markets in Crypto-Assets (MiCA) Regulation, and the Distributed Ledger Technology Pilot Regime. Cryptocurrencies pose two questions that seem far from being resolved: their definition and their legal nature. The term ‘cryptocurrency’ refers to the concept of money, which is misleading or at least reductive. Depending on their functions and technological peculiarities, cryptocurrencies may differ significantly from one to another, which necessarily affects their legal nature.
Organizational and Operational Requirements for Crowdfunding Service Providers
Authors: Lieverse Kitty , Pronk Wendy
Published: January 2022

This chapter analyses the organisational and operational requirements for crowdfunding service providers (CSPs) under the Crowdfunding Regulation. These requirements are in follow up to the authorisation requirements that the CSPs have to meet in order to obtain market access. CSPs should comply with certain requirements designed to ensure that projects on their platforms are selected in a professional, fair, and transparent way, and that crowdfunding services are provided in the same manner. The chapter then discusses the governance arrangements that CSPs should have in place to ensure their effective and prudent management, including the prevention of conflicts of interest. It also assesses the prudential requirements that are applicable in order to protect clients against operational risks and the rules in respect of outsourcing.
Non-Profit Project Owners
Authors: Gaunt Sam , Longo Andrea
Published: January 2022

This chapter addresses the rising phenomenon of crowdfunding for public interest litigation as a distinct category of donation-based crowdfunding, falling outside of the scope of the Crowdfunding Regulation. The rise in the use of crowdfunding for public interest litigation cases results from the fact that such cases are undeniably expensive. Legal costs are high, running into the hundreds of thousands of euros depending on numerous factors such as, inter alia, the nature of the legal question(s) discussed, the number of parties and of counsels involved, and the number of appeals. As a result, it appears that crowdfunding is progressively emerging as a means to ensure access to justice for non-private interest claims. The chapter then considers the challenges and opportunities of crowdfunded public interest litigation.
Investor Protection on Crowdfunding Platforms
Authors: Lee Joseph
Published: January 2022

This chapter describes the protection of investors on crowdfunding platforms under the Crowdfunding Regulation. It focuses on how investor protection can contribute to the objectives of crowdfunding and, in particular, how the provisions of the Crowdfunding Regulation serve this purpose. The chapter begins by discussing the investor-focused objectives of crowdfunding, and the role that technology can play in realising these objectives. It then considers the meaning of investor protection within the scope of the Crowdfunding Regulation, and identifies areas where the current regime might be extended in the future. The chapter also examines the categorisation of investors and the relevance thereof for the investor protection, before looking at the major provisions pertinent to investor protection, including the information to be provided to clients, default rate disclosure, the entry knowledge test and the simulation of ability to bear loss, the pre-contractual reflection period, and the key investment information sheet.
Secondary Trading of Crowdfunding Investments
Authors: Hakvoort Anne
Published: January 2022

This chapter explores the introduction by the Crowdfunding Regulation of the possibility for investors to advertise on a bulletin board their interest in buying or selling loans, transferable securities, or other instruments. It describes the obligations of the crowdfunding service providers when allowing the advertisement of interests on such a bulletin board. Moreover, the chapter assesses the interlinkage with the obligations under MiFID II in respect of internal matching systems which execute client orders on a multilateral basis. It also looks into the qualification of a crowdfunding investment as transferable security or loan and the consequences thereof for secondary trading. The chapter focuses on the secondary trading option that can be facilitated by a crowdfunding service provider under the Crowdfunding Regulation.
History, Sources, and Nature of International Investment Law
Authors: Dolzer Rudolf
Published: January 2022

This chapter discusses the history, sources, and nature of international investment law. Foreign investment law consists of general international law, of standards more specific to international economic law, and of distinct rules peculiar to the protection of investment. In addition, the law of the host State plays an important role. Depending upon the circumstances of an individual case, the interplay between relevant domestic rules of the host State and applicable rules of international law may become central to the analysis of a case. The chapter then surveys the most important sources of international investment law, including the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention); bilateral investment treaties (BITs); sectoral and regional treaties; customary international law; general principles of law; unilateral statements; and case law. It also highlights certain aspects that are relevant for the nature of current international investment law, including trade law; the balancing of duties and benefits in investment treaties; and good governance.
Investment
Authors: Dolzer Rudolf
Published: January 2022

This chapter differentiates between direct and indirect investments. In practice, two conceptual approaches have been developed to give legal meaning to the term ‘investment’. The first approach is to offer specific elaborate definitions in bilateral and multilateral treaties, usually at the beginning of the operative part. The second approach, adopted for example in the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention), does not provide for a definition of ‘investment’ but leaves the interpretation and application of this term to the practice of States and tribunals. Cases involving ICSID arbitration typically require two separate examinations of the existence of an ‘investment’: one under the instrument providing for consent to arbitration (BIT, national law, contract), the other under Article 25 of the ICSID Convention. This is often referred to as the double keyhole approach or double-barrelled test. The chapter then outlines the types of investments, including tangible assets, contract rights, shareholding, financial instruments, intellectual property rights, and arbitral awards. It also considers the concept of the unity of the investment. Only foreign investments are protected by international investment law. In some cases, investment tribunals denied protection because the investment or the claimant's conduct in making it was illegal either under domestic law or under international legal rules or principles.
Settling Investment Disputes
Authors: Dolzer Rudolf
Published: January 2022

This chapter focuses on the settlement of investment disputes. Under traditional international law, investors did not have direct access to international remedies to pursue claims against foreign States for violations of their rights. Instead, they depended on diplomatic protection by their home States. However, the gaps left by the traditional methods of dispute settlement (diplomatic protection and action in domestic courts) has led to the idea of offering investors direct access to effective international procedures, especially arbitration. Arbitration between a host State and a foreign investor may take place in the framework of a variety of institutions or rules. If arbitration is not supported by a particular arbitration institution, it is referred to as ad hoc arbitration. Ad hoc arbitration requires an arbitration agreement that regulates a number of issues. These include selection of arbitrators, applicable law and a large number of procedural questions. A number of institutions, like the United Nations Commission on International Trade Law (UNCITRAL), have developed standard rules that may be incorporated into the parties' agreement. The chapter then looks at the creation of the International Centre for Settlement of Investment Disputes (ICSID). It also details the procedures for investment arbitration.
Contracts for the Sale of Goods
Authors: Gabriel Henry Deeb
Published: January 2022

This book delivers detailed analysis and in-depth comparison of the substantive law for the sale of goods in domestic and international transactions. It provides comparative analysis of three major sources of sales law: The United Nations Convention on Contracts for the Sale of Goods, the UNIDROIT Principles of International Commercial Contracts (PICC), and Article Two: Sales of the Uniform Commercial Code. Practitioners, academics, and anyone involved in the sale or purchase of goods in the international market will need this thorough analysis of both the text of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the cases that have addressed and interpreted the CISG. The new edition examines the number of American cases on the CISG decided since the last edition, and the several hundred major non-American CISG cases, concentrating on the development of specific points of law that have become important and contentious areas. It continues to provide a complete discussion of the PICC including the latest provisions on set-off, assignment, and limitation periods, and timely coverage of the new supplementary model clauses for use with the Principles. The book compares and analyses the PICC, the CISG and the Uniform Commercial Code in a detailed way. It explores instances when one may be more applicable than the other and enables further understanding of all three instruments and the options available under international and domestic US law.
Detailed Comparison of the Convention, the Unidroit Principles, and Article 2 of the U.C.C.
Authors: Gabriel Henry Deeb
Published: January 2022

This chapter provides a detailed comparison of the United Nations Convention on Contracts for the International Sale of Goods (Convention), the UNIDROIT Principles on International Commercial Contracts (Principles), and Article 2 of the Uniform Commercial Code (Code). Following the structure of the Convention, this chapter is divided into four parts: sphere of application and general provisions; formation of the contract; sale of goods; and final provisions.