bluuebunny/crossref_metadata_2025 huggingface dataset:
Impacts of phosphatidylglycerol on plastid gene expression and light induction of nuclear photosynthetic genes
Authors: Fujii Sho , Kobayashi Koichi , Lin Ying-Chen , Liu Yu-chi , Nakamura Yuki , Wada Hajime
Published: January 2022

Phosphatidylglycerol (PG) is the only major phospholipid in the thylakoid membrane of chloroplasts. PG is essential for photosynthesis, and loss of PG in Arabidopsis thaliana results in severe defects of growth and chloroplast development, with decreased chlorophyll accumulation, impaired thylakoid formation, and down-regulation of photosynthesis-associated genes encoded in nuclear and plastid genomes. However, how the absence of PG affects gene expression and plant growth remains unclear. To elucidate this mechanism, we investigated transcriptional profiles of a PG-deficient Arabidopsis mutant pgp1-2 under various light conditions. Microarray analysis demonstrated that reactive oxygen species (ROS)-responsive genes were up-regulated in pgp1-2. However, ROS production was not enhanced in the mutant even under strong light, indicating limited impacts of photooxidative stress on the defects of pgp1-2. Illumination to dark-adapted pgp1-2 triggered down-regulation of photosynthesis-associated nuclear-encoded genes (PhANGs), while plastid-encoded genes were constantly suppressed. Overexpression of GOLDEN2-LIKE1 (GLK1), a transcription factor gene regulating chloroplast development, in pgp1-2 up-regulated PhANGs but not plastid-encoded genes along with chlorophyll accumulation. Our data suggest a broad impact of PG biosynthesis on nuclear-encoded genes partially via GLK1 and a specific involvement of this lipid in plastid gene expression and plant development.
Investigation of Cases (II)
Authors: de Pablo Alfonso Lamadrid , Kellerbauer Manuel
Published: January 2022

This chapter explores formal investigative measures in general, requests for information, and interviews. The European Commission is empowered to investigate possible infringements of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) and, where appropriate, impose penalties on undertakings and associations of undertakings. To this end, it performs the activities both of fact-finding and evaluation. Often, the Commission needs to take investigatory steps to establish with certainty the existence of the suspected infringements. In that respect, its central role in the application of the principles laid down in Articles 101 and 102 TFEU has been maintained and its powers of investigation granted under Regulation 17 have been further strengthened. As before, its two principal instruments are requests for information and on-site inspections. In addition, the Commission has been explicitly empowered to conduct interviews of natural or legal persons.
Infringement Decisions and Penalties
Authors: Sauer Ralf , Kellerbauer Manuel
Published: January 2022

This chapter discusses infringement decisions and penalties. There is no specific requirement for the European Commission as to the way in which it structures competition decisions, but they must meet the requirements contained in Article 296 of the Treaty on the Functioning of the European Union (TFEU). The basic layout of decisions applying Articles 101 and 102 TFEU consists of (i) a title; (ii) a preamble referencing the legal basis; (iii) recitals that contain a summary of the various procedural steps, an account of the facts, a legal assessment of those facts, as well as, where applicable, an explanation of the level of any sanctions (fines, penalty payments); and (iv) the Articles of the decision, known as the operative part or simply the ‘decision’. The operative part sets out the finding of an infringement and its duration for specific addressees (legal entities), the remedies required by the Commission, the amounts of any sanctions with arrangements for their payment, and an indication that the decision shall be enforceable pursuant to Article 299 TFEU. The chapter then focuses on infringement decisions, with particular attention paid to the operative part. This also includes declaratory decisions, orders to bring an infringement to an end and the imposition of remedies, as well as fines and periodic penalty payments imposed on undertakings for infringements of the substantive provisions of Articles 101 and 102 TFEU.
General Issues
Authors: Araujo Boyd Marcos , Lingen Nicolas von
Published: January 2022

This chapter studies the scope of the Merger Control Regulation. Council Regulation (EC) 139/2004 on the control of concentrations between undertakings (Merger Control Regulation or MCR) sets out a common merger control in all Member States of the European Union. It is based on the necessity of ensuring that corporate transactions do not distort competition between undertakings, while ensuring a level playing field between undertakings operating in the different Member States. In parallel to the Merger Control Regulation, Article 57 of the Agreement on the European Economic Area (EEA Agreement) extends the merger control regime to the geographic ambit of the European Economic Area. Under the EEA Agreement, if a concentration meets the turnover thresholds of the Merger Control Regulation, the European Commission has sole competence to decide on the concentration. Concentrations with an ‘EFTA [European Free Trade Association] dimension’ as defined in Article 57 of the EEA Agreement and not having an EU dimension are dealt with by the EFTA Surveillance Authority (ESA). However, to date, no such concentrations have been notified to the EFTA Surveillance Authority. Where the Commission handles cases as a consequence of its competence under the EEA Agreement, ESA and the competition authorities of the EFTA States are involved in the proceedings.
Part I State Obligations and Rights Protected, Ch.I General Obligations, Art.1: Obligation to Respect Rights
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter analyzes Article 1-1, which is a key-provision of the American Convention on Human Rights (ACHR). It provides the main set of obligations borne by the States parties, that is, obligations to respect and to ensure, and defines the rights holders of the ACHR as all persons under the jurisdiction of the States Parties. The same provision further outlines the general principle of non-discrimination to be respected when the States Parties fulfill their general obligations to respect and ensure all the rights of the ACHR. That provision alone sets out the fundamental philosophical and legal conception of the inter-American system. It irradiates and determines the whole Convention; the enjoyment and exercise of the rights and freedoms enshrined in the treaty have a universal scope and shall be recognized in favor of all persons, regardless of their nationality and citizenship or any other conditions.
Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.13: Freedom of Thought and Expression
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter highlights Article 13 of the American Convention on Human Rights (ACHR), which protects the freedom of thought and of expression. It covers the freedom to seek, receive, and impart information and ideas of all kinds as specified under Article 13-1. The medium or form of the expression is irrelevant, as suggested by the provision. Freedom of expression is considered as a key element for individual autonomy and a major tool for the functioning of democracy, based on the core values of pluralism, transparency, and tolerance. Freedom of expression is also perceived as a pre-condition for the exercise of all other fundamental rights such as political rights (Article 23 of the ACHR), freedom of association (Article 16), and freedom of conscience and of religion (Article 12). Without an effective protection of Article 13, these other rights are weakened, pluralism is silenced, and totalitarian regimes may thrive.
Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.14: Right of Reply
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter explains Article 14 of the American Convention on Human Rights (ACHR), which protects the right to reply. It provides for the possibility for anyone who has been injured by inaccurate or offensive statements or even by ideas disseminated to reply or to make a correction by using the same medium. This article must be understood as counterbalancing the broad scope of protection of freedom of expression. It is also a means to compensate the prohibition of prior censorship. Thus, the right to reply is intrinsically related to the freedom of thought and expression, and in particular to the “respect of the rights and reputations of others” mentioned in Article 13-2 of the ACHR. It is also connected to the right of honor protected by Article 11 of the ACHR.
Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.18: Right to a Name
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter examines Article 18 of the American Convention on Human Rights (ACHR), which protects the subjective right of each person to a name, and obliges the State to regulate the allocation of names and to ensure the implementation of the subjective right. Article 18 underlines the importance to ensure the exercise of the right by legislative or other provisions echoing the general obligation of the States Parties to adopt legislative or other measures as may be necessary to give effect to the rights, under Article 2 of the ACHR. Although Article 18 is an autonomous provision, the nexus between the right to a name and other rights explicitly or implicitly protected by the ACHR is obvious, in particular, with the right to recognition of legal personality (Article 3), the right to private life (Article 11), family rights (Article 17), the special protection of children (Article 19), the right to nationality (Article 20), and, more generally, the right to identity recognized by the Court's jurisprudence. Article 18 of the ACHR is not the subject of reservation or interpretative declaration by the States Parties under Article 75. Moreover, it is included in the list of rights that cannot be derogated from under Article 27-2.
Part I State Obligations and Rights Protected, Ch.III Economic, Social, and Cultural Rights, Art.26: Progressive Development
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter describes Article 26 of the American Convention on Human Rights (ACHR). Article 26 of the ACHR is a normative compromise allowing economic, social, and cultural rights to appear in the Convention, but without raising them to the level of civil and political rights and without giving them a legal status—that of subjective rights—that is equivalent. This provision thus places the ACHR—from the point of view of the recognition of economic, social, and cultural rights—halfway between older international normative instruments which contain no provisions relating to this category of rights and more recent conventions which place civil and political rights and ESCR on an equal footing, but also individual and collective rights. Article 26 has been debated at the time of its adoption and is still the subject of heated debate on its content and binding nature. However, the provision was not the subject of any reservation by States Parties at the time of accession or ratification of the ACHR. This is probably due to the vague and very imprecise nature of the clause. Indeed, it seems, at first sight, to place on States only a weak obligation of behavior in favor of the realization of economic, social, and cultural rights.
Part I State Obligations and Rights Protected, Ch.IV Suspension of Guarantees, Interpretation, and Application, Art.31: Recognition of Other Rights
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter discusses Article 31 of the American Convention on Human Rights (ACHR). The purpose of Article 31 of the ACHR is to allow the incorporation into the inter-American human rights conventional protection system other rights and freedoms that were not set forth in the original text of the ACHR. Article 31 can be understood as a closing article of the part of the ACHR devoted to the enunciation of rights and freedoms and to the determination of the legal regime of the rights and liberties. The list of these rights and freedoms is not an exhaustive list and at the end of the first 30 Articles, the drafters of the ACHR chose to add this Article 31 in order to open up the possibility of adding new ones. The amendments must comply with procedures, those set out respectively in Article 76 and Article 77. The purpose of Articles 76 and 77 is the same: to enable a convention negotiated and drafted in the late 1960s to adapt and transform treaty relations between States.
Part II Means of Protection, Ch.VII Inter-American Commission on Human Rights, s.1 Organization, Article 40
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter addresses Article 40 of the American Convention on Human Rights (ACHR). Article 40 of the ACHR contains a provision that is crucial for the proper functioning of the Inter-American Commission of Human Rights, even though it is administrative in nature. A body as important as the Commission cannot function with the required independence and autonomy without the financial resources necessary to carry out its actions, and without a Secretariat of sufficient substance to ensure the exercise of the Commission's functions, implementation, and follow-up. Compared to the Inter-American Court (Articles 58 and 59 of the ACHR), the resources provided to the Commission under Article 40 are “furnished by the appropriate specialized unit of the General Secretariat of the Organization.” From an institutional point of view, it means that Article 40 does not affirm the autonomy of the Commission to appoint its own Secretary. Therefore, the direct relationship with the Organization of American States (OAS) General Secretariat is established by Article 40; while for the Court, its freedom and discretion to appoint its own Secretary was affirmed as an important guarantee of independence.
Article 45
Authors: Hennebel Ludovic , Tigroudja Hélène
Published: January 2022

This chapter discusses Article 45 of the American Convention on Human Rights (ACHR), which establishes the inter-States communications mechanism. Article 45 of the ACHR follows and has strong ties to the provision organizing the mechanism of individual petitions (Article 44). Both articles describe the avenues to submit to the Inter-American Commission on Human Rights a dispute regarding the implementation of the ACHR: either the dispute is raised by individuals under the conditions laid down by Article 44, or by a State Party against another State Party to the ACHR. The structure and philosophy at the basis of Article 45 is very familiar to “classical” international lawyers. Modeled on the rules of functioning of the International Court of Justice (Article 36 of the ICJ Statute), it fully respects the expression of the States' consent.
Part II Means of Protection, Ch.VII Inter-American Commission on Human Rights, s.3 Competence, Article 46
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter analyzes Article 46 of the American Convention on Human Rights (ACHR). Article 46 of the ACHR contains the substance of the admissibility requirements of individual petitions and inter-States communications lodged before the Inter-American Commission on Human Rights by the virtue of Article 44 and Article 45 of the ACHR. The non-compliance with any of these conditions triggers an important procedural consequence laid down in Article 47 of the ACHR, that is, the rejection for inadmissibility of the individual petition or inter-States communication. Article 46 echoes the principle of legal certainty. Article 46 of the ACHR determines four conditions of admissibility. First, the domestic remedies must have been exhausted, under exceptions that are expressly mentioned in the provision. Second, the individual petition or inter-States communication must have been lodged within a period of six months since the notification of the final domestic ruling regarding the alleged violation. Third, the petition or communication cannot be pending in another international proceeding for settlement (lis pendens). And finally, the petition lodged under Article 44 must identify the petitioner or their representative.
Part II Means of Protection, Ch.VIII Inter-American Court of Human Rights, s.2 Jurisdiction and Functions, Article 63-1
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter examines Article 63-1 of the American Convention on Human Rights (ACHR), which is a brief but exceptionally dense provision. On the one hand, it is addressed to States, recalling their obligations in the event of the commission of an internationally wrongful act—from this point of view, the content of Article 63-1 is customary. On the other hand, the provision is addressed to the Inter-American Court itself. Article 63-1 is not deemed to recognize a subjective right guaranteed in favor of the victims of violations of the ACHR. However, the Court stated in its very first judgments that this provision was not only addressed to States and the Court itself but also to individuals. The density of Article 63-1 of the ACHR also stems from the fact that the two relatively short sentences refer to a set of obligations that already exist in general international law.
Part II Means of Protection, Ch.VIII Inter-American Court of Human Rights, s.2 Jurisdiction and Functions, Article 63-2
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter investigates Article 63-2 of the American Convention on Human Rights (ACHR). Article 63-2 of the ACHR organizes a special incidental procedure before the Inter-American Court of Human Rights. It recognizes the Inter-American Tribunal's competence to order provisional measures under certain conditions. In addition to the claims on the violation of the ACHR lodged under Articles 44 (individual petition), or 45 (inter-State communication), the petitioner may bring an incidental request to the Court. Its purpose is to obtain from the respondent State the adoption of a certain type of conduct, pending the decision on the merits of the case. Article 63-2 is divided into two sentences which refer to two distinct procedural moments. The first sentence refers to the Court's jurisdiction to order interim measures in the event of a petition brought before it. The second sentence of Article 63-2 concerns cases for which “it has not yet been seized” and which are therefore being examined by the Commission.
Part II Means of Protection, Ch.VIII Inter-American Court of Human Rights, s.2 Jurisdiction and Functions, Article 65
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter details Article 65 of the American Convention on Human Rights (ACHR), which holds a special place in the inter-American human rights system. The provision does not formally establish a procedure for monitoring the judgments of the Inter-American Court. It establishes relations between the Court and the General Assembly of the Organization of American States (OAS), which is the recipient of the Court's annual reports (first sentence) and its possible recommendations when a State does not comply with its judgments. However, practice has shown that Article 65 is actually modest. It only requires the Court to send its report to the General Assembly and to draw its attention to recalcitrant States. The provision does not confer any particular role on the General Assembly, and the inter-American litigation illustrates that the main organ of the OAS has remained largely passive in this area of monitoring the compliance with its of judgments.
Part III General and Transitory Provisions, Ch.X Signature, Ratification, Reservations, Amendments, Protocols, and Denunciation, Article 77
Authors: Ludovic Hennebel , Hélène Tigroudja
Published: January 2022

This chapter examines Article 77 of the American Convention on Human Rights (ACHR), the purpose of which is very similar to the previous provision. The object is to allow the ACHR in its 1969 original version to be amended. Article 76 provides for a modality of modification through amendments, while Article 77 refers to another technique for modifying the content of the treaty, namely, the adoption of protocols. Unlike the amendment to the ACHR, the protocol does not merge into the original amended text but is a formally independent international legal act that is additional to the Convention. It is also a treaty act that must be negotiated and must obtain the consent of States before it can enter into force. Despite these differences with the amendment, the purpose of Articles 76 and 77 is the same, that is, to allow a convention negotiated and drafted in the late 1960s to adapt and transform treaty relations between States. The purpose of the protocol as a text that overturns these treaty relations is therefore to create new ones, as soon as States agree to commit themselves to them.
Interpretation and Intertemporal Application of Investment Treaties
Authors: Dolzer Rudolf
Published: January 2022

This chapter examines the interpretation and intertemporal application of investment treaties. In international investment law, the interpretation of treaties takes place by tribunals whose composition varies from case to case. This makes it more difficult to develop a consistent case law than in a permanent judicial institution. Most tribunals, when interpreting treaties, start by invoking Article 31 of the Vienna Convention on the Law of Treaties (VCLT). Tribunals have recognized the validity of the rules on treaty interpretation in the VCLT as part of customary international law. This means that these rules are of general application also in respect of treaties concluded before the VCLT’s entry into force in 1980 and independently of whether all parties to a treaty have ratified the VCLT. At times, tribunals also refer to the supplementary means of interpretation contained in Article 32 of the VCLT. Meanwhile, some treaties provide for a consultation mechanism concerning their interpretation or application.
Investor
Authors: Dolzer Rudolf
Published: January 2022

This chapter investigates how international investment law is designed to promote and protect the activities of private foreign investors. Investors are either individuals (natural persons) or companies (juridical persons). The investor’s nationality determines the foreignness of the investment and from which treaties it may benefit. Corporate nationality is considerably more complex than that of individuals. The most commonly used criteria for corporate nationality are incorporation or the main seat of the business. The Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) contains a specific provision to address the phenomenon of foreign investments made through corporations that are registered in the host State. The chapter then looks at the practice of nationality planning. States have devised methods to counteract strategies of investors that seek the protection of particular treaties by acquiring favourable nationalities. One such method is to require a bond of economic substance between the corporation and the State. Another method is the insertion of a so-called denial of benefits clause into the treaty that provides consent to jurisdiction.
Political Risk Insurance
Authors: Dolzer Rudolf
Published: January 2022

This chapter illustrates the evolution of a market for investment insurance. The first phase of insurance programmes commenced in the 1950s and was entirely dominated by insurers run by national governments, which sought to promote the outgoing investments of their nationals. Indeed, the purpose of national insurance programmes is tied to the promotion of the national economy. Covered risks are usually expropriation, non-convertibility of currency, and political violence. It is the general practice of government insurers to conclude agreements with host countries that provide for subrogation. Meanwhile, private companies entered the investment insurance market on the assumption of higher efficiency and an acceptable margin of profit. The chapter then looks at the risks covered by political risk insurance, which are similar but not identical with those addressed in bilateral investment treaties (BITs). It also considers how disputes have arisen between insured investors and the insurer when the two sides have disagreed on the interpretation or application of the insurance contract.
Belligerent Rights and the Future of Naval Economic Warfare
Authors: Clapham Andrew
Published: January 2022

This chapter highlights how old ideas about what is permitted in war continue to play a role when it comes to the use of force against merchant shipping and seizing such ships and their cargo on the high seas. It considers how claims related to the law of blockade and contraband blur the distinction between military objectives and civilian objects. The chapter ends with suggestions for an overhaul of the rules on seizure of enemy and neutral ships and the cargoes they are transporting.
Conclusion
Authors: Clapham Andrew
Published: January 2022

This concluding chapter revisits the idea that states no longer rationalize their violence against each other as part of a longstanding tradition of going to war. It therefore highlights that it is no longer appropriate to apply the logic of war that justifies killing, detention and destruction as part of the necessities of war. The chapter recalls how governments claim belligerent rights to acquire territory and neutral ships, to destroy things they consider are part of the enemy's war-sustaining economy, and to intern people as law of war detainees. It suggests that aspects of old ideas about what is permissible in war have survived, when many of them should have been buried along with the legal institution of War.
Biological and Chemical Weapons
Authors: Casey-Maslen Stuart
Published: January 2022

This chapter addresses the two global WMD disarmament treaties with the broadest participation: the 1971 Biological Weapons Convention and the 1992 Chemical Weapons Convention. It summarizes the negotiation of the two treaties and describes their content. It also compares and contrasts the operation and implementation of the 1971 treaty, to which 183 States are party, and the 1992 treaty, to which 193 of 197 States are party. This chapter highlights the challenge of verifying compliance with the Biological Weapons Convention as it lacked a formal structure. It describes the operation of the Organization for the Prohibition of Chemical Weapons and verifies its use in Syria.
The Future of Arms Control and Disarmament
Authors: Casey-Maslen Stuart
Published: January 2022

This final chapter reviews some of the trends and lessons that have been learned in arms control and disarmament over the past 75 years. It also identifies and summarizes the nature of those weapons and weapons systems that are currently the subject of discussions and negotiations among States or international experts. It also describes autonomous weapons systems, 3D printing, cyber operations, and space-based weapons, which pose major problems to the existing arms control and disarmament architecture. The chapter analyses the modern era of disarmament that opened with the adoption of the Charter of the United Nations (UN) and the use of the atomic bomb. It recounts the adoption of the Partial Test-Ban Treaty in 1963, which helped to calm tensions following the Cuban missile crisis.
Introduction and Overview
Authors: Stewart David P , Bowker David W
Published: January 2022

The first edition of Bruno Ristau’s International Judicial Assistance in Civil and Commercial Matters was published in two volumes in 1984; its fourth (and final) edition was published in six volumes in 2000. Since then, the field of international civil and commercial litigation has continued to expand. An abundance of new material (including new treaties, conventions, norms, and principles) and the growing complexity of the field of transnational civil and commercial litigation justify an updated and reoriented version of Ristau’s volumes, providing an overview of this increasingly relevant yet still complex field. Chapter One summarizes the following seven chapters and emphasizes that the book is intended to serve as a practitioner’s guide to the major issues in international litigation, rather than an exhaustive compendium of national laws or judicial decisions, which we have included for context and as representative examples. The book surveys and discusses the major issues practitioners are likely to encounter, with particular emphasis on the most significant judicial assistance tools, international treaties, conventions, and instruments relevant to cross-border litigation.
Choice of Law
Authors: Stewart David P , Bowker David W
Published: January 2022

Parties to international transactions may choose the law they want to govern certain aspects of their deal, including both the dispute resolution clause and the substantive provisions of their contract. The parties’ choice of law is a consequential but often particularly difficult aspect of cross-border transactions, particularly because the rules of enforceability of such clauses differ from one jurisdiction to another, and thus the parties’ choice may or may not be honored by a domestic court or other tribunal ultimately faced with the question. Moreover, no single agreed international approach or practice exists, much less any explicit rule or agreement, to guide a determination by a domestic court faced with deciding the validity of the parties’ choice or, in the absence of such a choice, under its “conflicts of law” rules. This chapter reviews differing domestic approaches in this area of “private international law,” the existing regional rules (e.g., within the EU and the Inter-American system), and the various emerging “soft law” instruments on “party autonomy.” We describe the U.S. rules on choice of law and conflict of laws in some detail because they are both complicated and often unfamiliar to foreign counsel.
Proof of Foreign and International Law
Authors: Stewart David P , Bowker David W
Published: January 2022

It is increasingly common today for questions concerning the applicability, content, and meaning of foreign and international law to arise at multiple points in the course of a single litigation. In the absence of any internationally agreed rules or procedures, the task of proving and applying foreign law in domestic proceedings can be challenging. Different legal systems take different approaches to the task of “proving” foreign and international law. This chapter reviews the few relevant international instruments as well as the U.S. rules, which have recently received attention from the U.S. Supreme Court and others.
Legalisation and Apostilles
Authors: Stewart David P , Bowker David W
Published: January 2022

In many situations, parties to an international litigation must rely upon and introduce in court proceedings public documents (such as certificates of incorporation; birth, death, or marriage records; deeds and transfers of property; business licenses) and business records (bills of sale, trademark applications, assignments of patent, etc.) from a foreign jurisdiction. Typically, such documents must be formally authenticated or certified before they can be accepted by the court. Because the relevant requirements and procedures frequently differ sharply from one country to another, the international practitioner is often challenged to determine exactly which procedure to follow in preparing documents from abroad for use in a legal proceeding. This chapter describes the differing approaches under national law for the formal authentication or certification of documents from one national jurisdiction so they can be recognized and accepted in another. It outlines the problems with “chain legalization” and the requirements and benefits of the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (the Apostille Convention).
Recognition and Enforcement of Foreign Judgments
Authors: Stewart David P , Bowker David W
Published: January 2022

Whether a judicial judgment rendered in one country will be recognized and enforced by the courts of other countries (especially where the judgment debtor might have assets) is a critical question in international litigation. Traditionally, national legal systems have not accepted any binding obligation to recognize or enforce judgments rendered by the courts of other countries. That reality has long posed problems for successful litigants that obtain a judgment against a defendants whose assets are located in a different country. Increasingly, however, states are entering into bilateral arrangements with trusted states and trading partners for this purpose, and in 2019 the Hague Conference concluded the first multilateral “judgments” convention with the potential to transform this area of international civil and commercial practice. This chapter provides an overview of that Convention and a summary of relevant U.S. law and foreign law on enforcement of civil and commercial judgments, as well as arbitral awards.
The XXL Survey. XLII. The LX − σv relation of galaxy groups and clusters detected in the XXL and GAMA surveys
Authors: Giles P A , Robotham A , Ramos-Ceja M E , Maughan B J , Sereno M , McGee S , Phillipps S , Iovino A , Turner D J , Adami C , Brough S , Chiappetti L , Driver S P , Evrard A E , Farahi A , Gastaldello F , Holwerda B W , Hopkins A M , Koulouridis E , Pacaud F , Pierre M , Pimbblet K A
Published: January 2022

The XXL Survey is the largest homogeneous survey carried out with XMM-Newton. Covering an area of 50 deg2, the survey contains several hundred galaxy clusters out to a redshift of ≈2, above an X-ray flux limit of ∼6 × 10−15 er g cm−2 s−1. The GAMA spectroscopic survey of ∼300 000 galaxies covers ≈286 deg2, down to an r-band magnitude of r < 19.8 mag. The region of overlap of these two surveys (covering 14.6 deg2) represents an ideal opportunity to study clusters selected via two independent selection criteria. Generating two independently selected samples of clusters, one drawn from XXL (spanning a redshift range 0.05 ≤ z ≤ 0.3) and another from GAMA (0.05 ≤ z ≤ 0.2), both spanning 0.2 ≲ M500 ≲ 5 × 1014 M⊙, we investigate the relationship between X-ray luminosity and velocity dispersion (LX − σv relation). Comparing the LX − σv relation between the X-ray selected and optically selected samples, when not accounting for the X-ray selection, we find that the scatter of the X-ray selected sample is 2.7 times higher than the optically selected sample (at the 3.7σ level). Accounting for the X-ray selection to model the LX − σv relation, we find that the difference in the scatter increases (with the X-ray selected sample having a scatter 3.4 times larger than the optically selected sample). Although the scatter of the optically selected sample is lower, we find 13 optically selected GAMA groups undetected in X-rays. Inspection of the difference in magnitude between the first and second brightest galaxies in the cluster, and a stacked X-ray image of these 13 groups, suggests that these are young systems still in the process of forming.
Stable Solar Periodicities: The Time Stability
Authors: Chol-jun Kim , Kyong-phyong Jon
Published: January 2022

We show that while the Fourier transform can figure only an “intensity” of a periodic signal, there is an additional information embedded, which is a “coherence” of the signal. Supposing that the periodicity is reflected only on the “coherence,” we introduce a time stability as a measure of “coherence” excluding the “intensity,” i.e. amplitude of signal. In stead of classical strength-based significance, where strength implies the power or amplitude, we adopt a stability-based significance as criterion to choose cycles in a random signal. We inspect the time-stable solar periodicities and show that most periodicities discovered in exterior solar activities such as the solar wind inhere in interior solar activity such as the sunspot and that the time stability can be an effective tool in spectral analysis of stochastic solar activity.
The VISCACHA survey – IV. The SMC West Halo in 8D
Authors: Dias B , Parisi M C , Angelo M , Maia F , Oliveira R A P , Souza S O , Kerber L O , Santos J F C , Pérez-Villegas A , Sanmartim D , Quint B , Fraga L , Barbuy B , Bica E , Santrich O J Katime , Hernandez-Jimenez J A , Geisler D , Minniti D , De Bórtoli B J , Bassino L P , Rocha J P
Published: January 2022

The structure of the Small Magellanic Cloud (SMC) is very complex, in particular in the periphery that suffers more from the interactions with the Large Magellanic Cloud (LMC). A wealth of observational evidence has been accumulated revealing tidal tails and bridges made up of gas, stars, and star clusters. Nevertheless, a full picture of the SMC outskirts is only recently starting to emerge with a 6D phase-space map plus age and metallicity using star clusters as tracers. In this work, we continue our analysis of another outer region of the SMC, the so-called West Halo, and combined it with the previously analysed Northern Bridge. We use both structures to define the Bridge and Counter-bridge trailing and leading tidal tails. These two structures are moving away from each other, roughly in the SMC–LMC direction. The West Halo form a ring around the SMC inner regions that goes up to the background of the Northern Bridge shaping an extended layer of the Counter-bridge. Four old Bridge clusters were identified at distances larger than 8 kpc from the SMC centre moving towards the LMC, which is consistent with the SMC–LMC closest distance of 7.5 kpc when the Magellanic Bridge was formed about 150Myr ago; this shows that the Magellanic Bridge was not formed only by pulled gas, but it also removed older stars from the SMC during its formation. We also found age and metallicity radial gradients using projected distances on sky, which are vanished when we use the real 3D distances.
Tidal disruption events in post-starburst galaxies: the importance of a complete stellar mass function
Authors: Bortolas Elisa
Published: January 2022

A tidal disruption event (TDE) occurs when a star is destroyed by the strong tidal shear of a massive black hole (MBH). The accumulation of TDE observations over the last years has revealed that post-starburst galaxies are significantly overrepresented in the sample of TDE hosts. Here we address the post-starburst preference by investigating the decline of TDE rates in a Milky-Way like nuclear stellar cluster featuring either a monochromatic (1 $\, \mathrm{M}{\odot {}}$) or a complete, evolved stellar mass function. In the former case, the decline of TDE rates with time is very mild, and generally up to a factor of a few in 10 Gyr. Conversely, if a complete mass function is considered, a strong TDE burst over the first 0.1–1 Gyr is followed by a considerable rate drop, by at least an order of magnitude over 10 Gyr. The decline starts after a mass segregation time-scale, and it is more pronounced assuming a more top-heavy initial mass function and/or an initially denser nucleus. Our results thus suggest that the post-starburst preference can be accounted for in realistic systems featuring a complete stellar mass function, even in moderately dense galactic nuclei. Overall, our findings support the idea that starbursting galactic nuclei are characterized by a top-heavy initial mass function; we speculate that accounting for this can reconcile the discrepancy between observed and theoretically predicted TDE rates even in quiescent galaxies.
Project Hephaistos – I. Upper limits on partial Dyson spheres in the Milky Way
Authors: Suazo Matías , Zackrisson Erik , Wright Jason T , Korn Andreas J , Huston Macy
Published: January 2022

Dyson spheres are hypothetical megastructures built by advanced extraterrestrial civilizations to harvest radiation energy from stars. Here, we combine optical data from Gaia DR2 with mid-infrared data from AllWISE to set the strongest upper limits to date on the prevalence of partial Dyson spheres within the Milky Way, based on their expected waste-heat signatures. Conservative upper limits are presented on the fraction of stars at G ≤ 21 that may potentially host non-reflective Dyson spheres that absorb 1–90 per cent of the bolometric luminosity of their host stars and emit thermal waste-heat in the 100–1000 K range. Based on a sample of ≈2.7 × 105 stars within 100 pc, we find that a fraction less than ≈2 × 10−5 could potentially host ∼300 K Dyson spheres at 90 per cent completion. These limits become progressively weaker for less complete Dyson spheres due to increased confusion with naturally occurring sources of strong mid-infrared radiation, and also at larger distances, due to the detection limits of WISE. For the ∼2.9 × 108 stars within 5 kpc in our Milky Way sample, the corresponding upper limit on the fraction of stars that could potentially be ∼300 K Dyson spheres at 90 per cent completion is ≲8 × 10−4.
Quenching time-scales in the IllustrisTNG simulation
Authors: Walters Dan , Woo Joanna , Ellison Sara L
Published: January 2022

The time-scales for galaxy quenching offer clues to its underlying physical drivers. We investigate central galaxy quenching time-scales in the IllustrisTNG 100-1 simulation, their evolution over time, and the pre-quenching properties of galaxies that predict their quenching time-scales. Defining quenching duration τq as the time between crossing specific star formation rate (sSFR) thresholds, we find that ${\sim} 40{{\ \rm per\ cent}}$ of galaxies quench rapidly with τq < 1 Gyr, but a substantial tail of galaxies can take up to 10 Gyr to quench. Furthermore, 29 per cent of galaxies that left the star-forming main sequence (SFMS) more than 2 Gyr ago never fully quench by z = 0. While the median τq is fairly constant with epoch, the rate of galaxies leaving the SFMS increases steadily over cosmic time, with the rate of slow quenchers being dominant around z ∼ 2–0.7. Compared to fast quenchers (τq < 1 Gyr), slow-quenching galaxies (τq > 1 Gyr) were more massive, had more massive black holes, had larger stellar radii, and accreted gas with higher specific angular momentum (AM) prior to quenching. These properties evolve little by z = 0, except for the accreting gas AM for fast quenchers, which reaches the same high AM as the gas in slow quenchers. By z = 0, slow quenchers also have residual star formation in extended gas rings. Using the expected relationship between stellar age gradient and τq for inside-out quenching we find agreement with Mapping Nearby Galaxies at Apache Point Observatory (MaNGA) integral field unit (IFU) observations. Our results suggest the accreting gas AM and potential well depth determine the quenching time-scale.
Data Release 2 of S-PLUS: Accurate template-fitting based photometry covering ∼1000 deg2 in 12 optical filters
Authors: Almeida-Fernandes F , SamPedro L , Herpich F R , Molino A , Barbosa C E , Buzzo M L , Overzier R A , de Lima E V R , Nakazono L M I , Oliveira Schwarz G B , Perottoni H D , Bolutavicius G F , Gutiérrez-Soto L A , Santos-Silva T , Vitorelli A Z , Werle A , Whitten D D , Costa Duarte M V , Bom C R , Coelho P , Sodré L , Placco V M , Teixeira G S M , Alonso-García J , Barbosa C L , Beers T C , Bonatto C J , Chies-Santos A L , Hartmann E A , Lopes de Oliveira R , Navarete F , Kanaan A , Ribeiro T , Schoenell W , Mendes de Oliveira C
Published: January 2022

The Southern Photometric Local Universe Survey (S-PLUS) is an ongoing survey of ∼9300 deg2 in the southern sky in a 12-band photometric system. This paper presents the second data release (DR2) of S-PLUS, consisting of 514 tiles covering an area of 950 deg2. The data has been fully calibrated using a new photometric calibration technique suitable for the new generation of wide-field multifilter surveys. This technique consists of a χ2 minimization to fit synthetic stellar templates to already calibrated data from other surveys, eliminating the need for standard stars and reducing the survey duration by ∼15 per cent. We compare the template-predicted and S-PLUS instrumental magnitudes to derive the photometric zero-points (ZPs). We show that these ZPs can be further refined by fitting the stellar templates to the 12 S-PLUS magnitudes, which better constrain the models by adding the narrow-band information. We use the STRIPE82 region to estimate ZP errors, which are ≲ 10 mmags for filters J0410, J0430, g, J0515, r, J0660, i, J0861 and z; ≲ 15 mmags for filter J0378; and ≲ 25 mmags for filters u and J0395. We describe the complete data flow of the S-PLUS/DR2 from observations to the final catalogues and present a brief characterization of the data. We show that, for a minimum signal-to-noise threshold of 5, the photometric depths of the DR2 range from 19.1 to 20.5 mag (measured in Petrosian apertures), depending on the filter. The S-PLUS DR2 can be accessed from the website: https://splus.cloud.
Young Exoplanet Transit Initiative follow-up observations of the T Tauri star CVSO 30 with transit-like dips
Authors: Bischoff R , Raetz St , Fernández M , Mugrauer M , Neuhäuser R , Huang P C , Chen W P , Sota A , Jiménez Ortega J , Hambaryan V V , Zieliński P , Dróżdż M , Ogłoza W , Stenglein W , Hohmann E , Michel K-U
Published: January 2022

The T Tauri star CVSO 30, also known as PTFO 8-8695, was studied intensively with ground-based telescopes as well as with satellites over the last decade. It showed a variable light curve with additional repeating planetary transit-like dips every ∼10.8 h. However, these dimming events changed in depth and duration since their discovery and from autumn 2018 on, they were not even present or near the predicted observing times. As reason for the detected dips and their changes within the complex light curve, e.g. a disintegrating planet, a circumstellar dust clump, stellar spots, possible multiplicity, and orbiting clouds at a Keplerian co-rotating radius were discussed and are still under debate. In this paper, we present additional optical monitoring of CVSO 30 with the meter class telescopes of the Young Exoplanet Transit Initiative in Asia and Europe over the last 7 yr and characterize CVSO 30 with the new Early Data Release 3 of the European Space Agency-Gaia mission. As a result, we describe the evolution of the dimming events in the optical wavelength range since 2014 and present explanatory approaches for the observed variabilities. We conclude that orbiting clouds of gas at a Keplerian co-rotating radius are the most promising scenario to explain most changes in CVSO 30’s light curve.