bluuebunny/crossref_metadata_2025 huggingface dataset:
The Sale of Goods
Authors: Bridge M G
Published: August 2024

The fourth edition of this established work is a systematic study of the law of sale of goods with reference to UK and Commonwealth authorities and relevant UK and EU legislation. The book combines depth of treatment of problem areas with insightful commentary on possible lines of argument on traditionally difficult topics. It provides full coverage of content, interpretation, and performance issues relating to sale of goods agreements. The book also addresses the relevant aspects of consumer law, as well as issues such as recoverability of damages, currency, and interest. The work has been updated in its fourth edition to cover all recent developments in case law, most notably The Supreme Court in PST Energy 7 Shipping LLC v OW Bunker Malta Ltd (The Res Cogitans) [2016] UKSC 23, which has given rise to a new category of contract: the sui generis supply contract, for which no statutory model yet exists. Also examined in depth is the Consumer Rights Act 2015, which has profoundly affected the structure of sales law and, in a number of key instances, has also affected the substance of the law. This work remains the leading work of scholarship and an invaluable reference for all practitioners and scholars working in the field.
The Remedies of the Seller and the Buyer II
Authors: Bridge M G
Published: August 2024

This chapter continues the discussion in Chapter 11 on the remedies of seller and buyer other than termination, focusing on damages. Where an action for the price is not available or is not pursued by the seller, the seller has instead an action against the buyer for damages for non-acceptance. There is also an action for special or consequential damages in appropriate cases. In the case of the buyer, a right to damages may arise for non-delivery or for late delivery, or because the goods delivered fail to conform to the standard set by the express or implied terms of the contract. In addition to the normal damages due on such an event, the facts of the case may disclose a claim to special or consequential damages.
Tribunal Secretaries in International Arbitration
Authors: Jensen J Ole
Published: August 2024

This book thoroughly analyses the controversial and sensitive topic of secretaries to arbitral tribunals. Tribunal secretaries support arbitrators at all stages of the arbitration and provide valuable assistance; yet, thus far, they have remained largely in the shadows. This book provides vital discussion on how tribunal secretaries should be appointed, what specific tasks they may be endowed with, and what the consequences of an impermissible use are. Comprehensive analysis of case law, arbitration legislation, institutional rules and guidelines, and supporting literature guides the reader towards a profound understanding of the benefits and pitfalls surrounding the tribunal secretary's position. The book adopts a transnational approach to systematically answer questions often discussed but thus far unresolved. Structured in three parts, the book develops the conceptual foundations, discusses the practical implementation, and outlines limits of the permissible use of tribunal secretaries. Easy-to-use templates and guidelines for practical and seamless implementation in international arbitrations are included. These include a seven-step formal appointment process, ready-to-use material for correspondence with the parties, and a Traffic Light Scale of Permissible Tribunal Secretaries for the consultation of arbitrators, secretaries and parties alike. Shining a spotlight on the tribunal secretary, the book contributes to the further institutionalisation of a role of ever-increasing importance in the coming years.
Third-Party Support to Arbitral Tribunals
Authors: Jensen J Ole
Published: August 2024

This chapter examines the specific purpose and source of legitimacy of actors that may collectively be referred to as third-party support to the arbitral tribunal. It also disposes of terminological inconsistencies that exist in regard to such third-party support and shows that certain forms of third-party support have been employed by arbitral tribunals from the very beginning. The chapter first traces the evolution of the division of labour in international arbitration before discussing the reciprocal roles of tribunal appointed experts on factual issues and those on legal issues. It then distinguishes tribunal secretaries that are appointed by arbitral tribunals from those appointed by arbitral institutions. Different emanations of tribunal secretaries that exist in practice are highlighted, such as the expert consultant and the document production master. Examples of institutions that offer third-party support are given, including ICSID, PCA, IUSCT, CAS, ICAC and several commercial arbitral institutions.
Tribunal Secretaries
Authors: Jensen J Ole
Published: August 2024

This chapter explains why tribunal secretaries are needed in the arbitral process and how different stakeholders benefit from their appointment. It first considers the practical need for the participation of tribunal secretaries, noting that they serve to maintain the efficiency of the arbitral process despite increased complexity; ensure that in-demand arbitrators remain available to accept cases; and offer an important training ground for future generations of arbitrators. Limits to the need for tribunal secretaries are then discussed, along with the legal grounds on which their appointment may be based and the question of their legal status once they have been appointed. The chapter also provides an analogy to the legal bases for the appointment of judicial assistants in other fora and concludes with a review of arbitration laws, rules and guidelines as to the legal basis for a secretary's appointment.
Authors: Jensen J Ole
Published: August 2024

This chapter focuses on the contractual relationship flowing from the appointment of a tribunal secretary. The term receptum secretarii describes the tribunal secretary's contract in which he/she undertakes to provide the services expected of him/her. Given the diverse background of individuals acting as tribunal secretaries, there is no uniform approach to the receptum secretarii. The chapter first clarifies the distinction between different types of secretaries' contractual and factual pre-existing relationships with the appointing arbitrator, and more specifically between internal and external secretaries. It then considers with whom and how the secretary's contract is concluded before discussing the legal nature of that contract, what law applies to it, and which rights and obligations it entails. Finally, it examines the issue of liability in case of a breach of the secretary's or arbitrator's obligations.
Jurisdiction
Authors: Chong Adeline , Yip Man
Published: August 2024

This chapter focuses on the civil jurisdiction of the Singapore courts. It elaborates on the jurisdiction of the general division of the Singapore High Court. The effect of the establishment of the Singapore International Commercial Court (SICC) is that some jurisdictional regime rules of the General Division of the High Court are pushed aside when the case is to be heard in the SICC. On the other hand, the enactment of the Choice of Court Agreements Act (CCAA) resulted in the displacement of the jurisdictional rules of both the General Division and the SICC. The chapter explains that the reform of service out of jurisdiction rules (found in the Rules of Court 2021) signal a marked change in the attitude towards taking extraterritorial jurisdiction over foreign defendants in modern international litigation. It also looks into the new terminology under the Rules of Court 2021.
Protective Measures
Authors: Chong Adeline , Yip Man
Published: August 2024

This chapter expounds on the anti-suit injunction, Mareva injunction, and search order as the three types of protective measures that may be granted by the General Division of the Singapore High Court. An anti-suit injunction is an in personam order addressed to the respondent concerning continuing foreign proceedings. Meanwhile, the Mareva injunction, also known as a freezing order, is an in personam order directed against a defendant to prevent the defendant from dissipating assets before a judgment. The search order or Anton Piller order, on the other hand, imposes an obligation on the respondent to allow persons to enter its premises and search, inspect, seize and retain documents or other types of moveable property. The chapter discusses the principles relating to each type of relief, with primary focus on whether the General Division of the Singapore High Court and the Singapore International Commercial Court (SICC) has jurisdiction to grant these measures.
Choice of Law for Contractual Obligations
Authors: Chong Adeline , Yip Man
Published: August 2024

This chapter considers the choice of law rules for contractual obligations under Singapore law, which is closely similar to the equivalent choice of law rules under English common law. It starts with the process of identifying the proper law of the contract as the proper law of the contract plays a key role in most of the issues relating to choice of law for contractual obligations. Additionally, illegality and the operation of public policy influence the substantive obligations of parties under the contract. For example, a contract which is illegal under the proper law of the contract would not be enforced by the Singapore court. The chapter also tackles the choice of law rules for the formation, material validity and formal validity of a contract, and the capacity to contract. It explores the enactment of the United Nations Convention on Contracts for the International Sale of Goods into the Singapore law that provides uniform rules for the international sales of goods.
International Standards
Authors: Raffan Michael
Published: August 2024

This chapter looks at the different international regulatory bodies and their work, and considers their future impact on the UK. As home to one of the world’s leading global financial centres, the UK has historically played an important role in the development and implementation of international standards. UK regulators are members of international standard-setting bodies and UK firms participate in international organisations. It is not anticipated that Brexit will change this position. Indeed, once the UK leaves the EU, its participation in global discussions and international standard-setting will become all the more important as the UK seeks to continue to exert its influence internationally, and helps to set the basis for legislation and regulation around the world. The chapter then details the mission and structure of a number of international bodies. These include the Organisation for Economic Co-operation and Development; the International Monetary Fund; the Bank for International Settlements; the Financial Stability Board; the Financial Action Task Force; the Basel Committee on Banking Supervision; the International Organization of Securities Commission; and the Markets Committee.
Company and Corporate Insolvency Law
Authors: Morris Charles H R
Published: August 2024

This chapter examines the fundamentals of company law and corporate insolvency law. Financial services businesses generally operate in a heavily regulated environment. Financial services-specific regulations have a fundamental role in shaping and determining the legal form and structure of such businesses and their wider groups. Nevertheless, at their core, financial services businesses use the same legal forms that are used by businesses across all sectors. It is therefore important to study the fundamental laws underlying general business structures. There are many different types of business entities and each is subject to the specific legal regime native to its jurisdiction of establishment. The chapter looks at the most common form of business structure used in the UK: the company limited by shares, incorporated under the UK Companies Act 2006. It also introduces the basics of group consolidated accounting, and explains the legal nature of consolidated group assets, liabilities, and capital.
Introduction to Resolution
Authors: Morris Charles H R
Published: August 2024

This chapter details the basic principles of modern bank resolution. If the aims of prudential regulation can be crudely summarized as preventing the circumstances in which a bank, or other financial services firm, might fail from arising in the first place, then the aims of recovery and resolution regimes can be described as ensuring that, when such prudential measures have failed, and a firm is on the cusp of failure, regulators have the legal powers and the ability to avert such failure at the very last minute, or to manage its impact by redirecting financial losses. Overriding such measures are the higher objectives of preventing the disruption to critical functions and avoiding recourse to public funds. Thus, the resolution regime can be characterized as comprising a set of special powers and tools afforded to specified authorities, known as resolution authorities, in order to intervene in a bank’s failure. The use of such powers and tools is, in turn, facilitated and enabled by supervisory, organizational requirements imposed on firms throughout their active lives, designed to ensure their resolvability, in case it ever becomes necessary for the resolution authorities to use their powers.
Non-Disclosure
Authors: O’Sullivan Dominic
Published: August 2024

This chapter explores the act of non-disclosure, wherein a contract could be rescinded under the terms of a party failing to disclose material facts to the other party prior to the conclusion of their agreement. It starts with how particular disclosures should be bargained for during the negotiations, according to the general rule. The chapter also emphasises that silence would not be a ground for rescission due to non-disclosure. It considers the exceptional cases where non-disclosure allows rescission. Some transactions which require disclosure include insurance, guarantees, suretyship, prospective partnerships, compromises, and sales of land. Meanwhile, fiduciary relationships, family arrangements, and relationships of trust and confidence correlate to relations that need disclosure.
Duress and Undue Influence
Authors: O’Sullivan Dominic
Published: August 2024

This chapter focuses on contract-related duress and improper influence. When a party's assent has been compromised by coercion or other forms of pressure, a contract may be revoked under the circumstances of duress and undue influence. The chapter details the distinctions between the two grounds for rescission: duress refers to the specific concept formed by common law courts regarding threats and demands, whereas undue influence abides by the general doctrine developed by the courts of Chancery concerning subtle influences. Cases involving duress or undue influence, however, do not necessarily mean the criminal was absolved of their legal obligations. Along with rescission, compensation is also available.
Affirmation
Authors: O’Sullivan Dominic
Published: August 2024

In situations that express both rescission and affirmation, this chapter examines an affirmation of a transaction where actions result in the loss of the right. It explains how the right to rescind is lost by affirmation when the party entitled to rescind unequivocally manifested an intention to affirm once free from the effects of the vitiating factor. The waiver by election results from the decision to not rescind. However, the electing party must hold alternative rights that are inconsistent with one another. The chapter then expounds on the justification for permanently depriving a person of the right to rescind after expressing an intention to confirm. As a general rule, affirmation is irrevocable.
Bars for Non-Fraudulent Misrepresentation
Authors: O’Sullivan Dominic
Published: August 2024

This chapter focuses on the four bars for non-fraudulent misrepresentation. Innocent misrepresentation had been recognized as a ground for rescission, but it has a special potential to cause prejudice and disrupt settled expectations. The chapter acknowledges the lack of uniformity in principles applied in England and other jurisdictions such as New Zealand, Australia, and Canada. It looks into the nature of the bar in line with transferring titles to either real property or personal property. Moreover, incorporation was known to merge the representation into a higher contractual right that extinguished the claim to rescind. The chapter also covers the bar on rescinding the contract for the sale of goods.
Gifts and Deeds
Authors: O’Sullivan Dominic
Published: August 2024

This chapter discusses the right to rescind gifts and transactions effected by deed. It clarifies gifts as being more vulnerable to rescission, while a transaction effected by deed can be rescinded at common law, aside from instances of duress and equity. Gifts are divided into categories of donationes mortis causa, testamentary gifts, and gifts inter vivos. It is important to identify the principal context that impaired consent first before considering the right to rescind a gift. The chapter then explains the principles applicable to the cancellation of deeds. It looks at orders for delivery up and cancellation, which serve to protect the rescinding party and the public by either removing the instrument from the defendant’s possession or advertising its invalidity.
Background and Rationale of Damages Claims
Authors: Lianos Ioannis , Davis Peter , Nebbia Paolisa
Published: August 2024

This chapter provides a brief review of the path towards the adoption of the Damages Directive, the forces underlying that change, including the case law of the CJEU, and the tensions that remain in the objectives of private damages actions.
Procedure on State Measures—Decisions under Article 106(3) TFEU
Authors: Sierra José Luis Buendía
Published: August 2024

abstracts and keywords to be supplied.
Control of Existing Aid Schemes
Authors: Kapenne Jean Paul , Caviedes Carlos Urraca
Published: August 2024

Abstracts and keywords to be supplied.
European Economic Area Competition Procedure
Authors: Beal Kieron
Published: August 2024

abstracts and keywords to be supplied.
Evidence and Procedure, Presumptions of Law, Burden and Mode of Proof
Authors: McParland Michael
Published: August 2024

This chapter explains Article 1(3) and Article 18 of the Rome I Regulation. These articles are key markers of the boundary between the role allocated to the applicable law selected under the Regulation (the lex contractus) and the rules of the forum court (the lex fori). These provisions are substantively identical to Articles 1(2)(h) and 14 of the Rome Convention, and represent the same compromise reached between the civil and common law systems during negotiations in the 1970s over where the line should be drawn between matters of substance and those of procedure and evidence.
Human Rights, Private International Law, and their Interaction
Authors: Fawcett James J , Shúilleabháin Máire Ní , Shah Sangeeta
Published: August 2024

This chapter discusses the regimes of human rights law and private international law. Human rights are rights that have been recognised as universal to all humans by virtue of their inherent dignity. The current legal framework for protecting these rights operates at both international and national levels, and its application has far-reaching implications. This all-pervasive nature means that any rule of private international law has the potential to raise concerns in the enjoyment of human rights. However, there are rules of private international law in which humans rights can be said to have had an impact or should have an impact. The chapter explores two important aspects of the interaction between the two bodies of law: the issues that arise from the application of human rights law in private international law cases, and the clashes of obligations under human rights law and private international law.
The Right to a Fair Trial and Recognition and Enforcement of Foreign Judgments under the EU Rules
Authors: Fawcett James J , Shúilleabháin Máire Ní , Shah Sangeeta
Published: August 2024

This chapter discusses the impact of the right to a fair trial on the recognition and enforcement of judgments under the EU rules. Paragraph 4 of Article 67(1) TFEU (Treaty on the Functioning of the European Union) requires the EU to facilitate access to justice, in particular through the principle of mutual recognition of judicial and extrajudicial decisions in civil matters. In addition, Article 81 TFEU refers to the adoption of measures to ensure effective access to justice. Indeed, a substantial number of instruments have introduced EU rules on recognition and enforcement of judgments and decrees granted in other Member States based on these Treaty provisions or its predecessors. These include the Recast Brussels I Regulation, the European Enforcement Order for uncontested claims Regulation, the European Order for Payment Procedure Regulation, and the European Small Claims Procedure Regulation.
Freedom of Expression and the Right to Respect for Private Life
Authors: Fawcett James J , Shúilleabháin Máire Ní , Shah Sangeeta
Published: August 2024

This chapter focuses on the right to freedom of expression and the right to respect for private life. In Europe, national laws protect reputation and privacy—interests that may fall to be protected by the right to respect for private life—in different ways. Reputation is protected by an action for defamation; privacy by an action for invasion of privacy. However, there is also a human right to freedom of expression. Therefore, a balance has to be reached between both the right to private life and the right to freedom of expression. The chapter then looks at the impact of these rights on the private international rules that operate in cases of international defamation and invasion of privacy actions.
Overall Conclusions
Authors: Fawcett James J , Shúilleabháin Máire Ní , Shah Sangeeta
Published: August 2024

This concluding chapter provides some overall conclusions on the impact of human rights law on private international law, and the impact of private international law on human rights law. The right to respect for private and family life has had the greatest effect on particular areas of private international law, specifically on the rules relating to international child abduction as well as parental status. Meanwhile, the right to private life has had a major influence on jurisdiction in international defamation cases. On the other hand, there is little evidence of any impact of private international law on human rights law. Indeed, the rules, principles, and values of private international law have not been absorbed into human rights law.
Judicial Review of Cartel Decisions
Authors: Arts Dirk , Lewis Xavier , Moustakali Maria
Published: August 2024

The principle of effective judicial protection, enshrined in Article 6 ECHR and Article 47 EU Charter, requires that all decisions taken by an administrative authority, including European Commission cartel decisions, are subject to review by a judicial body that has full jurisdiction to review the decision. The chapter applies the action for annulment provided for under Article 263 TFEU to cartel investigations, and also discusses the unlimited jurisdiction of the EU Courts pursuant to Article 261 TFEU and Article 31 of Regulation 1/2003. The scope of judicial review is discussed by Dirk Arts (Allen & Overy, Brussels) from a private practitioner’s perspective, and by Xavier Lewis and Maria Moustakali (Legal and Executive Affairs Department, EFTA Surveillance authority) from a public enforcer’s perspective.
Block Exemption Regulations R&D and Specialization
Authors: Pautke Stephanie
Published: August 2024

The chapter, written by Stephanie Pautke (Commeo, Frankfurt), offers a framework of analysis for two types of horizontal agreements: R&D agreements and specialization agreements. These are the only horizontal agreements between (actual or potential) competitors that can benefit from a block exemption regulation, namely Regulation 1217/2010 (R&D) and Regulation 1218/2010 (specialization). The chapter first discusses the qualification of an agreement as an R&D agreement or specialization agreement in the sense of the block exemption regulations. It then turns to the conditions under which such agreements may be deemed to restrict competition in the sense of Article 101(1) TFEU. For those agreements that do, the chapter analyses the block exemption regulations (including its conditions and hard-core restrictions) and also discusses the possibility of an individual exemption under Article 101(3) TFEU. Guidance on such individual exemptions can be found in the so-called ‘Horizontal Guidelines’ of the European Commission, which are discussed.
International Valuation Standards and Bases of Value
Authors: Marboe Irmgard
Published: August 2024

Modern globalized economy has made it necessary to identify uniform or at least comparable principles for the valuation of economic assets. This chapter introduces some of the best known and influential valuation standards and guidelines, such as the USPAP, the AICPA Valuation Standard, the International Valuation Standards, World Bank and MIGA Guidelines as well as UNCC propositions. In addition, some of the most important valuation bases are discussed briefly, such as market value, investment value, special value, synergistic value, and contractual value.
Conclusions
Authors: Marboe Irmgard
Published: August 2024

The concluding chapter summarizes the most important economic and legal principles and filters out guidelines for the calculation of compensation and damages in the practice of international investment disputes. The legal standard mandated by the bases of claims represents the starting point for the choice of the appropriate valuation approaches and methods. With regard to the decision on interest, tribunals must establish the appropriate rate of interest, the period of interest, and decide if interest should be compounded. This is necessary in relation to pre-award and post-award interest.
Methods of Valuation in International Practice
Authors: Marboe Irmgard
Published: August 2024

This chapter analyses how the three most important valuation approaches – the market approach, the income approach, and the asset based or cost approach – are reflected in the practice of international investment tribunals. After a short description of the theoretical concept of the respective approaches at the beginning, the corresponding cases are presented and analysed in some detail. The discussion shows that also other approaches are applied in the practice of tribunals, such as mixed methods, insurance value, tax value or contract based valuation. Tribunals sometimes also consider additional types of damages, such as loss of reputation, liability to subcontractors, costs for damage limitation, repair and maintenance, as well as costs for pursuing the claim.
Fundamental Rights and General Principles
Authors: Nazzini Renato
Published: August 2024

This chapter looks at the fundamental rights and principles applicable to the analysis of the concurrent enforcement of competition law. These are: the privilege against self-incrimination, legal professional privilege, the principle of effective judicial protection, the principle of ne bis in idem, and the procedural autonomy of EU Member States. This chapter examines the different sources and scopes of application of fundamental rights in the European Union and the United Kingdom. It also discusses the ‘criminal’ nature of proceedings for the public enforcement of Articles 101 and 102 TFEU for the purpose of certain fundamental rights standards. The remaining sections analyse the privilege against self-incrimination, legal professional privilege, the principle of effective judicial protection, the principle of ne bis in idem, and the procedural autonomy of EU Member States.
EU Transport and EU Transport Policy
Authors: Cuscó Vicenç Pedret
Published: August 2024

Chapter 1 sketches the economic and operational context in which the development of the European Union’s transport policy has taken place since the late 1980s. It provides data on the evolution of the different transport modes, and describes the historical context in which the European Union became involved in this subject and gradually came to deal with a wide range of subjects that eventually became a comprehensive regulatory framework. It puts transport in the perspective of the completion of the EU Internal Market, with its three strands of service liberalization, network integration, and—linking them—the harmonization of nationally differentiated regulatory frameworks.
European Union Competition Law
Authors: Blanco Luis Ortiz
Published: August 2024

Competition law disciplines the conduct of undertakings in the market, as long as the conduct is ‘significant for the market’. For this reason, it has been said that the central concern and the cornerstone of the antitrust and merger control rules is the creation or strengthening of market power. Chapter 5 presents some of the common features of EU competition law that are relevant in all modes of transport and have come back in all cases before the Commission and the Courts, including market definition, market power, and competition between different modes of transport. The chapter also gives the historical perspective on the application of the competition rules to this sector, from initially systematic non-application to eventual coverage along the same lines as other sectors of the economy. It describes the procedural rules applying to antitrust, merger control, and State aid cases.
The Single European Sky
Authors: Van Houtte Ben
Published: August 2024

Historically, the European Union had refrained from asserting jurisdiction over air traffic management (ATM), with the exception of some aspects of equipment standardization. A number of arguments were made against EU intervention in this highly technical area. ATM is a global activity where the International Civil Aviation Organization takes the lead in developing a common baseline for operators and authorities worldwide; Member States had set up Eurocontrol as an intergovernmental organization to deal with and coordinate action within Europe. Moreover, EU involvement was considered not desirable in view of the military aspects of ATM and of its close link with territorial sovereignty. Chapter 20 explains how the European Union became involved in regulating air traffic management, and discusses the regulatory framework setting out common rules on service provision, airspace, equipment, performance monitoring, and technological innovation through the Single European Sky ATM Research project. The specific relationship between the European Union and Eurocontrol is also addressed.
Microbiology and Epidemiology of Orbital Cellulitis in Pediatric and Young Adult Patients
Authors: Cirks Blake T , Claunch Kevin M , DePerrior Sarah , Poitras Beth , Adams Daniel J
Published: August 2024

Introduction

Using data from the large and geographically diverse Military Health System (MHS) beneficiary population, we aimed to characterize and update the epidemiology and microbiology of pediatric orbital cellulitis given previous data are limited to small, single-center studies.

Materials and Methods

Following institutional review board approval, we performed a retrospective analysis using the Military Health System admissions, microbiology, and pharmacy data between June 2009 and September 2019. Patients less than 22 years of age with radiological confirmation of orbital cellulitis were included. Demographic data, presence of sinusitis, advanced imaging reports, blood and wound culture results with antibiotic susceptibilities, and antibiotic prescriptions were collected. Descriptive statistics were used to summarize demographic characteristics. Imaging findings were grouped by Chandler’s stage (CS), an imaging-based measure of the progressive severity of orbital involvement. A Cochran–Armitage trend test was used to evaluate the relationship between CS and likelihood of positive confirmatory culture.

Results

There was a male predominance (66.9%) and 55.5% of subjects had comorbid sinusitis. Of the 130 subjects included, 33.8% had one or more positive cultures, 30.8% had a positive wound culture, and 4.6% had a positive blood culture. The most identified organism was coagulase-negative staphylococci (23.3%), followed by Staphylococcus aureus (18.9%), Streptococcus intermedius (17.8%), and strict anaerobes as a group (13.3%). Gram-negative organisms were rare. Twenty-five percent of S. aureus were methicillin-resistant. Clindamycin resistance was identified in 9% of all S. aureus, 50% of coagulase-negative staphylococci, and 25% of S. intermedius. Clindamycin plus ceftriaxone was the most prescribed empiric antibiotic regimen (36.2%). Likelihood of a positive culture significantly increased with advancing CS.

Conclusions

Orbital cellulitis occurs most frequently in males with sinusitis. Likelihood of positive wound culture is increased with a more advanced CS. Staphylococcus and Streptococcus spp. and anaerobes are the most identified pathogens in orbital cellulitis, while gram-negative organisms are rare. Empiric antibiotic selection should include an anti-methicillin-resistant S. aureus agent combined with a broad-spectrum beta-lactam and anaerobic coverage.
Case Series: Bilateral Operative Femoral Neck Stress Fractures in Marine Corps Recruits
Authors: Buchinsky Jonathan C , Heckert Reed M
Published: August 2024

Bone stress injuries are well-documented injury patterns among U.S. Armed Forces recruits because of the rapid increase in frequency and intensity of bone-impacting activities throughout training. In the recruit population, femoral neck stress fractures are of great concern because of their propensity to progress, displace, and lead to lifelong complications like avascular necrosis. We present two cases of bilateral operative femoral neck stress fractures. The first is of a 28-year-old male Marine Corps recruit who experienced bilateral groin pain during the first week of training. He was found to have bilateral grade 4 femoral neck stress fractures with concomitant effusions. Operative management was pursued with bilateral percutaneous pinning. For this patient, one hip had classically indicated operative involvement while on the contralateral hip the decision to operate was based on recent literature predicting progression based on the presence of a joint effusion. The second case is of a 23-year-old male Marine Corps recruit who experienced hip pain in the final few weeks of training. He was also found to have bilateral grade 4 femoral neck stress fractures with concomitant effusions and was similarly operated on. To the best of our knowledge, this is the first reported operative bilateral femoral neck stress fracture case series in a military-aged patient in the literature. A high clinical suspicion for femoral neck stress injuries with early diagnostic imaging for high-risk groups was important in these cases and ultimately led to timely definitive management for this patient.
Skyglow from ground-reflected radiation: model improvements
Authors: Kocifaj Miroslav , Petržala Jaroslav , Medveď Igor
Published: August 2024

Light from ground-based sources directed into the upper hemisphere can be partially controlled, for example, through suitable lamp shades or by reducing the number of luminaires and their lumen output. However, ground-reflected radiation is pervasive in artificially lit urban environments and cannot be entirely avoided. This component of upward-directed light is typically modelled using Lambertian diffuse reflection. Here, we demonstrate that the current analytical models for ground-reflected radiation can be improved by incorporating additional components, such as reflections from vertically oriented surfaces and vegetation. Our findings indicate that near edges of cities, the contribution of the reflected radiation to the overall skyglow is slightly higher than recent models predict. However, at medium-to-long distances the skyglow increases by 50–200 per cent compared to what these models suggest. This is because non-horizontal surfaces reflect more light towards small angles above the horizontal, contrasting with the outcomes predicted by the basic Lambertian framework. Consequently, light escaping from ground-based sources can propagate more effectively over longer distances, even when there is a complete cutoff of light emitted from luminaires in the upper half-space. These findings have significant implications for skyglow modelling. Furthermore, it also limits the available options for implementing measures to reduce skyglow levels at astronomical observatories located well beyond city boundaries.
Warps induced by satellites on barred and non-barred galaxies
Authors: Wille A , Machado R E G
Published: August 2024

Warps are common vertical asymmetries that appear in the outer parts of the galactic discs, bending one part upwards and the other downwards. Many mechanisms can trigger warp formation, including tidal interactions. The interactions with satellites distort the edges of the disc and can also change the central morphology, impacting, for example, the development of a galactic bar. In mergers events, the bar can be weakened or even destroyed. In this study, we aim to compare barred and non-barred galaxy models and their susceptibility to warping. To analyse the effects of induced warps, we used N-body simulations of a barred and a non-barred central galaxy interacting with satellites of varying masses ($0.1 \times 10^{10}\, \mathrm{{\rm M}_{\odot }}$, $0.5 \times 10^{10}\, \mathrm{{\rm M}_{\odot }}$, and $1 \times 10^{10}\, \mathrm{{\rm M}_{\odot }}$) and initial orbital radii (10, 20, and 30 kpc). We also ran isolated simulations of the central galaxies for comparison. We found that the induced warps are stronger in the barred galaxy compared with the non-barred galaxy, in perturbed and isolated models. In addition, the masses of the satellites determine the level of destruction of the bar and the intensity of the induced warp. The time in which the bar will be weakened or destroyed depends on the orbital radius of the satellite.
RudS: bacterial desulfidase responsible for tRNA 4-thiouridine de-modification
Authors: Jamontas Rapolas , Laurynėnas Audrius , Povilaitytė Deimantė , Meškys Rolandas , Aučynaitė Agota
Published: August 2024

In this study, we present an extensive analysis of a widespread group of bacterial tRNA de-modifying enzymes, dubbed RudS, which consist of a TudS desulfidase fused to a Domain of Unknown Function 1722 (DUF1722). RudS enzymes exhibit specific de-modification activity towards the 4-thiouridine modification (s4U) in tRNA molecules, as indicated by our experimental findings. The heterologous overexpression of RudS genes in Escherichia coli significantly reduces the tRNA 4-thiouridine content and diminishes UVA-induced growth delay, indicating the enzyme's role in regulating photosensitive tRNA s4U modification. Through a combination of protein modeling, docking studies, and molecular dynamics simulations, we have identified amino acid residues involved in catalysis and tRNA binding. Experimental validation through targeted mutagenesis confirms the TudS domain as the catalytic core of RudS, with the DUF1722 domain facilitating tRNA binding in the anticodon region. Our results suggest that RudS tRNA modification eraser proteins may play a role in regulating tRNA during prokaryotic stress responses.
High Rates of Nonsusceptibility to Common Oral Antibiotics in Streptococcus pneumoniae Clinical Isolates From the United States (2019–2021)
Authors: Deshpande Lalitagauri M , Huband Michael D , Charbon Sarah , Castanheira Mariana , Mendes Rodrigo E
Published: August 2024

Streptococcus pneumoniae isolates from the United States (n = 1038; 2019–2021) were susceptible to omadacycline (99.8%), levofloxacin (99.7%), and ceftriaxone (98.1%), whereas doxycycline (80.2%), oral penicillin (63.5%), cefpodoxime (76.8%), and azithromycin (54.4%) activity was limited. Tet(M) did not affect omadacycline activity but altered activity of older tetracyclines including doxycycline, suggesting omadacycline is an important option for treatment of community-acquired bacterial pneumonia.
‘Guns for papers’
Authors: Banégas Richard , Cutolo Armando
Published: August 2024

Chapter 3 examines a fourth political configuration, marked by the loss of the state monopoly on identification policies, in the dual context of the rebellion and the growing internationalization of ‘peace solutions’, which would lead to the negotiated production of a citizen-voter by force of arms. In this context of fragmented sovereignty, some reforms of legislation and identification apparatuses, supported by the international community, have been implemented, turning the recurring question of nationality into a ‘technopolitical’ issue of electoral citizenship. As part of the peace agreements, from Marcoussis to Ouagadougou, legal identification was gradually made subordinate to electoral enrolment, but this new dispositif, imposed from outside, met with strong resistance, both within the state apparatus and on the streets. This chapter looks at this political–military tug-of-war that had a major impact on the outcome of electoral enrolment and legal identification.
Margouillats, Kamikaze Papers, and the René Caillié Arrangement
Authors: Banégas Richard , Cutolo Armando
Published: August 2024

Chapter 6 invites the reader to travel through what we conceptualize as a moral economy of identification. It is a journey through two time-spaces that constitute two scales of investigation of this moral economy of forgery. First, the chapter investigates false papers’ production circuits in an urban environment, at the level of the pavements of the courthouse in Abidjan, focusing on the action of the margouillats. Secondly, it studies the social uses of these papers in a rural environment (Anno region), at a micro-sociological scale of analysis of intra-family relations. Ethnographic observations allow us to analyse at a local and national level the popular, widespread practice of arranging identity documents that we call the ‘René Caillié arrangement’. The chapter ends by pointing out the contradictions of the governmental efforts to get rid from forgery with a modernizing approach of civil registration paradoxically based upon a general amnesty of false documents.
Moral Credit Cards
Authors: Banégas Richard , Cutolo Armando
Published: August 2024

Finally, in a concluding seventh chapter, we shift our gaze even further downwards, taking as our object the identity documents self-produced by social actors in their various collective engagements—be they neo-traditionalist hunters turned rebels and vigilantes, toxic waste victims, hometown associations members or subaltern political activists from the streets of Abidjan neighbourhoods. We argue that these material traces constitute bureaucratic writings of the self and supports for claiming rights that testify to the deep social embedding of the identificatory logic of the state. They are moral credit cards that, ultimately, offer us the keys to reconsidering the dyadic oppositions of the documentary state and the biometric state by reformulating them in a complex triangulation of identification, debt, and recognition.
Overlapping Individual and Interstate Claims in International Law
Authors: Howley Jessica
Published: August 2024

Overlapping Individual and Interstate Claims in International Law addresses the relationship between overlapping invocations of State responsibility by individuals and States under international law. Despite the important practical and theoretical implications of this overlap, it was largely omitted from consideration in the Articles on State Responsibility finalised by the International Law Commission in 2001. This book aims to fill the resulting gap. The book provides a comprehensive survey of the potential for overlapping individual and interstate claims to arise, and underlines issues of fairness, consistency, and interference with autonomy that can result when multiple claimants vie to have their claims determined before the same or different forums. It examines in detail how treaty provisions and various rules and principles relevant to the law of State responsibility can be expected to regulate such overlapping claims, including the local remedies rule, the rule precluding double recovery, the principle of res judicata, waiver, and consent, countermeasures, and self-defence as circumstances precluding wrongfulness. The book clarifies the nature of international claims, including in the theoretically muddled field of diplomatic protection, and highlights undertheorised foundations of topical debates concerning the use of countermeasures and self-defence outside of the interstate arena. It concludes with a human rights-oriented proposal for resolving the complex policy issues to which these overlapping claims give rise.
Res Judicata, Double Recovery, and Related Provisions and Principles
Authors: Howley Jessica
Published: August 2024

This chapter addresses the potential operation of res judicata, treaty provisions with similar effect, and the rule precluding double recovery as means for regulating overlapping individual and interstate claims. It outlines the requirements for the principle precluding double recovery to apply, followed by case law demonstrating its almost certain operation to preclude reparation being awarded in the second of two overlapping individual and interstate claims where the latter seeks reparation for the individual’s damage. It then considers the requirements for res judicata and treaty-based provisions reflecting its elements to apply, noting the prima facie difficulties in demonstrating the required ‘identity’ as between overlapping individual and interstate claims. However, drawing out principles from the case law, it suggests that a pragmatic approach to the application of res judicata is consistent with international law and with policy considerations. It concludes by outlining what circumstances of overlap with individual claims are likely to give rise to the application of both rules. In doing so, it analyses the distinction between State and individual damage and gives consideration to, among other things, a distinction between individual and ‘collective’ claims, arguing that interstate claims are sometimes, like a ‘class action’, a compilation of individual claims — sharing an identity with claims brought by the affected individuals themselves — and are sometimes more ‘general’ or ‘collective’ in nature.
Countermeasures and Self-Defence
Authors: Howley Jessica
Published: August 2024

This chapter considers to what extent a respondent State could invoke the circumstances precluding wrongfulness of countermeasures and self-defence to preclude the overlapping claims of both an individual and a State where only one of those entities has engaged in the conduct giving rise to the defence. The chapter begins with an overview of these two circumstances, before detailing their potential and actual operation vis-à-vis overlapping individual and interstate claims. While it is often assumed that these defences cannot be exercised in a way that would impact third-party rights, meaning that their application in circumstances of overlapping claims is questionable, this chapter shows that there is an argument to be made that these defences can be employed to preclude overlapping individual or interstate claims even if third-party rights would thereby be affected. In doing so, it draws on a wealth of recent practice: for countermeasures, that in which States impose asset freezes on individuals as part of a ‘sanctions’ regime, and in response to the allegedly wrongful conduct of a State; for self-defence, that in which States exercise self-defence against non-State actors.