bluuebunny/crossref_metadata_2025 huggingface dataset:
Cold spell effect on daily mortality in districts in Madrid considering sociodemographic variables
Authors: López-Bueno JA , Díaz J , Sánchez-Guevara C , Sánchez-Martínez G , Franco M , Gullón P , Núñez-Peiró M , Linares C
Published: October 2021

Background

While there is much research that focuses on the association between cold spell and their impacts on daily mortality at the city level, we analyze the impact related to social context and demographic variables at levels lower than the municipal.

Methods

The objective of this study was to determine the role of the percentage of people over age 65, income level and percentage of homes without heating in the analysis of the impact of cold waves on daily mortality between January 1, 2010 and December 31, 2013 in different districts of the municipality of Madrid. We calculated Relative Risks (RR) and Attributable Risks (RA) for each of 17 districts to determine correlations between the effect of cold waves and daily mortality due to natural causes (CIEX: A00-R99) using Generalized Linear Models (GLM) of the Poisson family (link log). The pattern of risks obtained by district was analyzed using binomial family models (link logit), considering socioeconomic and demographic variables.

Results

In terms of results, an impact of cold on mortality was detected in 9 of the 17 districts analyzed. The analysis of risk patterns revealed that the probability of detecting an impact in a district increases in a statistically significant way (p-value <0.05) with a higher percentage of homes without heating systems and a higher percentage of population over age 65.

Conclusions

The results obtained identify the factors that should be considered in public health policies that target the district level to reduce the impact of cold waves.

Key messages

Ageing and the absence of heating systems are key variables which explain vulnerability to cold spell. Cold spell related mortality risks can be reduced by applying prevention health public plans.
Web-based planning tool for obesity prevention in childhood and youth – first trial period
Authors: Schröder M , Berner R , Schmidt L , Babitsch B , Hassel H
Published: October 2021

Background

The systematic and theory-based development of interventions is complex and requires time and personnel resources. WEPI is a web-based planning tool for municipalities and schools, that follows the evidence-based intervention mapping approach (IMA) but also supports the planning process of obesity prevention user oriented. The project is supported by the Federal Ministry of Health, Germany.

Methods

Data of a systematic literature review (SLR), expert interviews and focus group discussions served as the foundation for the first version of WEPI. Two further SLR were conducted in the databases Pubmed, LIVIVO and Cochrane on evidence-based determinants of obesity development and on proven obesity intervention methods, to meet the requirements of the IMA. In October 2020 the second version of WEPI was tested with selected municipalities and schools. The prototype as a third version was tested by three municipalities and two schools in February 2021. Feedback was collected through questionnaires and interviews.

Results

In a total of 806 hits of the first SLR, determinants for the development of obesity were identified in 8 guidelines and 37 reviews. They were adopted in form of 15 problem areas which support the WEPI user to conduct an evidence-based problem analysis. Result of the second SLR are 25 obesity prevention interventions which were developed using the IMA. Based on this, 192 evaluated methods were identified and integrated as good practice examples into WEPI. In the first trial the expert feedback revealed aspects of content and user-friendliness as well as technical aspects that should be optimized. The feedback of the municipalities and schools underlines, that scientific findings need to be translated into practical logic.

Conclusions

WEPI provides a comprehensive roadmap to the planning process, guiding the user step by step. Acceptance and usability of the planning tool will be evaluated with municipalities and schools from April to November 2021.

Key messages

WEPI enables user oriented, structured and evidence-based planning of prevention interventions. Requirements resulting from practice were considered in the development of the planning tool.
Subjective wellbeing among older adults: the role of age-friendly facilities
Authors: Berkers E , Cloïn M , Kuunders T
Published: October 2021

Due to population aging, the amount of older adults in the western world is increasing. To support this growing group, policy initiatives have focused on supporting aging-in-place, which is meant to stimulate community dwelling through providing important services and facilities (WHO, 2004). In this study we link the availability of facilities to older adults' subjective wellbeing. Older adults identify facilities as important for their wellbeing (Novak & Menec, 2013) because they satisfy daily needs and stimulate social contact and physical activity (Nieboer & Cramm, 2018; Maas et al., 2009). However, it is unknown which specific services relate to the wellbeing of older adults (Stephens et al., 2020). Moreover, relatively few studies have studied positive health outcomes, including subjective wellbeing, to the living environment (Zhang & Zhang, 2017). Additionally, we test whether the relationship between the availability of services and subjective wellbeing is explained by an increased sense of mastery. Feeling of mastery over the environment and decisions is key to subjective wellbeing among elderly (Menec, Means, Keating, Parkhurst, & Eales, 2011). If older adults feel limited in their daily activities and have to rely on others because the availability of services in their immediate environment is low, they will experience a lower sense of mastery and thereby less subjective wellbeing (Chen et al., 2016). This assumption is however scarcely tested empirically. We used survey data on older adults in a Dutch province (65+) from the Health Monitor (2016). We combined this with data from Statistics Netherlands about facilities (supermarket, general practitioner, pharmacy and public transport) at the district level. Different measures of availability are included: the average available amount of services per 1 km and the average distance to facilities per district. Multilevel regression is used as our method of analysis.

Key messages

This study has as a main aim to find out which facilities influence older adult subjective wellbeing. This is important to policymakers, because it gives information for planning policies. We test whether the relationship between the availability of facilities and subjective wellbeing is explained by an increased sense of mastery.
Disability inclusiveness of government responses to COVID-19 in Brazil and Chile
Authors: Rotarou E , Serrano Malfitano AP
Published: October 2021

Issue/problem

People with disabilities are disproportionately exposed to the risks of COVID-19, due to underlying health conditions, as well as on account of mechanisms introduced as a response to COVID-19. This study examines the disability inclusiveness of government measures to COVID-19 in Brazil and Chile. With more than one billion people with disabilities worldwide, it is important to examine the inclusiveness of official government responses, in order to protect and mitigate the impacts of the pandemic for this population.

Description of the problem

Government responses have a direct impact on the capacity of people with disabilities to protect themselves against health-related, economic, and social consequences of the pandemic. In order to examine official measures, we conducted documentary research, using framework analysis, and studied official documents published from February 1st, 2020 until June 30th, 2021. The aim was to explore the inclusiveness of government responses in areas such as access to healthcare, and social welfare.

Results

We analysed 41 documents in total. The findings highlight that while both countries took steps to ensure access to healthcare, and relevant information, as well as financial support, they also implemented policies - or did not undertake any at all - that often resulted in an amplification of existing inequalities. Neither country included people with disabilities and their organisations in decision-making processes.

Lessons

This study illustrates how oficial government responses taken by Brazil and Chile - while positive, in several aspects - do not fully address the needs of people with disabilities. In order to ensure response to COVID-19 is disability-inclusive, it is necessary to translate recommendations into practice, consider people with disabilities both in mainstream policy and in disability-specific measures, and focus on the long-term reconstruction phase.

Key messages

People with disabilities are particularly exposed to the risks of and responses to COVID-19. Inclusive measures have been adopted but the needs of this population have not been fully addressed.
Fantastic Femininities: Metamorphosis and Resistance in the Fiction of Marie Darrieussecq and Armonía Somers
Authors: Cortellete Letícia
Published: October 2021

This article seeks to examine the construction of female embodied identities via metamorphosis in two works of Uruguayan and French literature: Armonía Somers’s La mujer desnuda (1950) and Marie Darrieussecq’s Truismes (1996). The internal and external transformations of these heroines are a result of bodies that refuse to be disciplined into silence and passivity, and, instead, make a spectacle of themselves, symbolically voicing their right to take up space and delight in the unacceptable – the grotesque, nudity, lust. Hence, it is not surprising that both novels, in foreshadowing new ways of being in the female body, generated scandal and controversy. Read through the lens of écriture féminine, the much-debated ambiguity of these texts can be understood as a device affirming women’s corporeal autonomy. Nevertheless, the tragic ending of these tales ultimately points to society’s persistent and violent rejection of female excess as an embodied identity.
Role of the tomato fruit ripening regulator MADS-RIN in resistance to Botrytis cinerea infection
Authors: Zheng Hui , Jin Rong , Liu Zimeng , Sun Cui , Shi Yanna , Grierson Donald , Zhu Changqing , Li Shan , Ferguson Ian , Chen Kunsong
Published: October 2021

Tomato MADS-RIN (RIN) transcription factor has been shown to be a master activator regulating fruit ripening. Recent studies have revealed that in addition to activating many other cell wall genes, it also represses expression of XTH5, XTH8, and MAN4a, which are positively related to excess flesh softening and cell wall degradation, which might indicate it has a potential role in pathogen resistance of ripening fruit. In this study, both wild-type (WT) and RIN-knockout (RIN-KO) mutant tomato fruit were infected with Botrytis cinerea to investigate the function of RIN in defense against pathogen infection during ripening. The results showed that RIN-KO fruit were much more sensitive to B. cinerea infection with larger lesion sizes. Transcriptome data and qRT-PCR assay indicate genes of phenylalanine ammonialyase (PAL) and chitinase (CHI) in RIN-KO fruit were reduced and their corresponding enzyme activities were decreased. Transcripts of genes encoding pathogenesis-related proteins (PRs), including PR1a, PRSTH2, and APETALA2/Ethylene Response Factor (AP2/ERF) including ERF.A1, Pti5, Pti6, ERF.A4, were reduced in RIN-KO fruit compared to WT fruit. Moreover, in the absence of RIN the expression of genes encoding cell wall-modifying enzymes XTH5, XTH8, MAN4a has been reported to be elevated, which is potentially correlated with cell wall properties. When present, RIN represses transcription of XTH5 by activating ERF.F4, a class II (repressor class) ERF gene family member, and ERF.F5. These results support the conclusion that RIN enhances ripening-related resistance to gray mold infection by upregulating pathogen-resistance genes and defense enzyme activities as well as reducing accumulation of transcripts encoding some cell wall enzymes.
Environmental drivers and trends in forage fish occupancy of the Northeast US shelf
Authors: Suca Justin J , Deroba Jonathan J , Richardson David E , Ji Rubao , Llopiz Joel K
Published: October 2021

The Northeast US shelf ecosystem is undergoing unprecedented changes due to long-term warming trends and shifts in regional hydrography leading to changes in community composition. However, it remains uncertain how shelf occupancy by the region's dominant, offshore small pelagic fishes, also known as forage fishes, has changed throughout the late 20th and early 21st centuries. Here, we use species distribution models to estimate the change in shelf occupancy, mean weighted latitude, and mean weighted depth of six forage fishes on the Northeast US shelf, and whether those trends were linked to coincident hydrographic conditions. Our results suggest that observed shelf occupancy is increasing or unchanging for most species in both spring and fall, linked both to gear shifts and increasing bottom temperature and salinity. Exceptions include decreases to observed shelf occupancy by sand lance and decreases to Atlantic herring's inferred habitat suitability in the fall. Our work shows that changes in shelf occupancy and inferred habitat suitability have varying coherence, indicating complex mechanisms behind observed shelf occupancy for many species. Future work and management can use these results to better isolate the aspects of forage fish life histories that are important for determining their occupancy of the Northeast US shelf.
Measurement and causal identification in constitutional law: A reply to Niels Petersen and Konstantin Chatziathanasiou
Authors: Chilton Adam , Versteeg Mila
Published: October 2021

The past few decades have seen a trend toward empirical constitutional law scholarship. In a new article, Niels Petersen and Konstantin Chatziathanasiou take stock of this emerging field and suggest that this body of research may be all “smoke and mirrors.” They focus on explaining two well-documented potential problems with empirical research using observational data—omitted variable bias and measurement error—and argue that these problems are severe enough to call into question the growing body of cross-national research on the spread and effect of constitutional provisions. But while Petersen and Chatziathanasiou’s article points out genuine obstacles for empirical research in constitutional law, it fails to accurately document the way that these issues have been explained and addressed by the existing literature. In this reply, we make four points about the state of the empirical literature in comparative constitutional studies. First, we explain that the problems identified by Petersen and Chatziathanasiou have already been extensively documented and are the subject of ongoing conversation among those working in the field. Second, we describe the work that researchers have done to address these problems. Third, we argue that the methodological pluralism that Petersen and Chatziathanasiou advocate for as a way forward for the field is already well underway. Finally, we suggest that evaluating an entire literature, like Petersen and Chatziathanasiou seek to do in their article, is best done through the use of a “systematic review,” to ensure that the evaluation will offer a fair characterization of the field.
Vanishing Theorems for Three-folds in Characteristicp> 5
Authors: Bernasconi Fabio , Kollár János
Published: October 2021

We prove Grauert–Riemenschneider–type vanishing theorems for excellent divisiorally log terminal threefolds pairs whose closed points have perfect residue fields of positive characteristic $p>5$. Then we discuss applications to dlt singularities and to Mori fiber spaces of three-folds.
Identification of microenvironmental niches for hematopoietic stem cells and lymphoid progenitors—bone marrow fibroblastic reticular cells with salient features
Authors: Omatsu Yoshiki , Nagasawa Takashi
Published: October 2021

Most lineages of blood cells, including immune cells, are generated from hematopoietic stem cells (HSCs) in bone marrow throughout adult life. Since HSCs cannot expand on their own, they require and contact the special microenvironments, termed niches for their maintenance. HSC niches comprise supportive cells that provide adjacent HSCs with critical signals, including cytokines. Although bone marrow microenvironments have been thought to be complex, recent studies have demonstrated that the bone marrow-specific population of fibroblastic reticular cells with long processes, termed CXC chemokine ligand 12 (CXCL12)-abundant reticular (CAR) cells, which overlap strongly with leptin receptor (LepR)-expressing (LepR+) cells, is the major cellular component of niches for HSCs and lymphoid progenitors. CAR cells have salient features, expressing much higher levels of critical HSC niche factors than any other cell populations and function as self-renewing mesenchymal stem cells. Human counterpart of CAR cells is present and affected in diseases, including leukemia. Foxl1+ telocytes recently identified as the niche for intestinal stem cells share some features with CAR cells, suggesting that CAR cells might serve as a prototype for fibroblastic reticular cells creating niche for long-lived cells, including tissue stem cells and memory lymphocytes. These findings provided the basis for future mechanistic studies on the cross-talk between hematopoietic cells and microenvironments in both health and disease.
DNAM-1 promotes inflammation-driven tumor development via enhancing IFN-γ production
Authors: Nakamura-Shinya Yuho , Iguchi-Manaka Akiko , Murata Rikito , Sato Kazuki , Vo Anh Van , Kanemaru Kazumasa , Shibuya Akira , Shibuya Kazuko
Published: October 2021

DNAM-1 is an activating immunoreceptor on T cells and natural killer (NK) cells. Expression levels of its ligands, CD155 and CD112, are up-regulated on tumor cells. The interaction of DNAM-1 on CD8+ T cells and NK cells with the ligands on tumor cells plays an important role in tumor immunity. We previously reported that mice deficient in DNAM-1 showed accelerated growth of tumors induced by the chemical carcinogen 7,12-dimethylbenz[a]anthracene (DMBA). Contrary to those results, we show here that tumor development induced by 12-O-tetradecanoylphorbol-13-acetate (TPA) together with DMBA was suppressed in DNAM-1–deficient mice. In this model, DNAM-1 enhanced IFN-γ secretion from conventional CD4+ T cells to promote inflammation-related tumor development. These findings suggest that, under inflammatory conditions, DNAM-1 contributes to tumor development via conventional CD4+ T cells.
Clinical exposure–response relationship of cefepime/taniborbactam against Gram-negative organisms in the murine complicated urinary tract infection model
Authors: Lasko Maxwell J. , Nicolau David P. , Asempa Tomefa E.
Published: October 2021

Objectives

Complicated urinary tract infections (cUTIs) are frequently encountered in hospitals and ICUs. Increasingly, the causative pathogens harbour enzymatic resistance mechanisms. Taniborbactam is a novel β-lactamase inhibitor with activity against Ambler class A, B, C and D β-lactamases. Herein, we assessed the efficacy of cefepime alone and the combination cefepime/taniborbactam in a neutropenic murine cUTI model.

Methods

Eighteen cefepime-resistant clinical isolates (9 Enterobacterales, 3 Pseudomonas aeruginosa and 6 Stenotrophomonas maltophilia; cefepime MIC = 32 to >512 mg/L) were assessed. Cefepime/taniborbactam MICs ranged from 0.06 to 128 mg/L. Human-simulated plasma regimens (HSRs) of cefepime alone and in combination with taniborbactam were developed in the murine cUTI model. The efficacy of cefepime HSR and cefepime/taniborbactam HSR was determined as the change in log10 cfu/kidney at 48 h compared with 48 h controls.

Results

Mean ± SD initial bacterial burden was 5.66 ± 0.56 log10 cfu/kidney, which increased to 9.05 ± 0.39 log10 cfu/kidney at 48 h. The cefepime HSR was ineffective, as bacterial burden was similar to untreated controls (−0.14 ± 0.40 change in log10 cfu/kidney). In contrast, cefepime/taniborbactam exhibited substantial killing, with log10 cfu/kidney changes of −5.48 ± 1.3, −4.79 ± 0.3 and −5.04 ± 0.7 for ESBL/AmpC-, KPC- and OXA-48-harbouring Enterobacterales, respectively. Cefepime/taniborbactam also exhibited robust killing of P. aeruginosa (−6.5 ± 0.26) and S. maltophilia (−5.66 ± 0.71).

Conclusions

Humanized exposures of cefepime/taniborbactam achieved robust killing of Enterobacterales, P. aeruginosa and S. maltophilia harbouring ESBL, AmpC, KPC and/or OXA-48. These data support the role of cefepime/taniborbactam for cUTI treatment for cefepime/taniborbactam MICs up to 32 mg/L.
Validation of the 3M™ Environmental Scrub Sampler with Wide-Spectrum Neutralizer: AOAC Performance Tested MethodSM 022104
Authors: Rosauer Micki L , Silbernagel Karen M , Thompson Wesley
Published: October 2021

Background

The 3M™ Environmental Scrub Sampler with 10 mL Wide Spectrum Neutralizer is a nonspecific sampling device intended for use for environmental monitoring surface sampling.

Objective

The aim was to evaluate 3M Wide Spectrum Neutralizer using the 3M Environmental Scrub Sampler for AOAC® Performance Tested MethodsSM (PTM) certification.

Methods

Matrix studies, inclusivity/exclusivity, product consistency/stability, neutralization, and robustness testing were conducted for Salmonella and Listeria species. Stainless steel, sealed concrete, and plastic environmental surfaces were evaluated in the matrix study comparing the performance of the 3M™ method for sample collection to that of the U.S. Food and Drug Administration (FDA) Bacteriological Analytical Manual (BAM) reference methods. Four classes of sanitizers, namely quaternary ammonium, high acid, hydrogen/peroxyacetic acid and chlorine/bleach-based, were assessed in the neutralization study following ASTM E1054 - 08, Standard Test Methods for Evaluation of Inactivators of Antimicrobial Agents. The other testing parameters followed typical PTM study design.

Results

In matrix studies the 3M sampling device demonstrated no significant differences between candidate and reference sampling method results. All inclusivity organisms were detected, and all exclusivity organisms were excluded, for both Salmonella and Listeria strains when tested by the appropriate FDA BAM detection method. Robustness, product consistency, and stability studies showed that the sampling device is not affected by lot or testing parameter differences. The Wide Spectrum Neutralizer was proven to effectively neutralize sanitizers at the concentrations tested and was itself shown to be nontoxic and did not affect target microorganism recovery.

Conclusions

The 3M Environmental Scrub Sampler with 10 mL Wide Spectrum Neutralizer is an effective, stable, robust sampling device for the recovery of Salmonella spp. and Listeria spp.

Highlight

The 3M Environmental Scrub Sampler with 10 mL Wide Spectrum Neutralizer is an acceptable sampling device for use in FDA BAM Salmonella and Listeria reference methods.
Multi-objective equilibrium optimizer: framework and development for solving multi-objective optimization problems
Authors: Premkumar M , Jangir Pradeep , Sowmya R , Alhelou Hassan Haes , Mirjalili Seyedali , Kumar B Santhosh
Published: October 2021

This paper proposes a new Multi-Objective Equilibrium Optimizer (MOEO) to handle complex optimization problems, including real-world engineering design optimization problems. The Equilibrium Optimizer (EO) is a recently reported physics-based metaheuristic algorithm, and it has been inspired by the models used to predict equilibrium state and dynamic state. A similar procedure is utilized in MOEO by combining models in a different target search space. The crowding distance mechanism is employed in the MOEO algorithm to balance exploitation and exploration phases as the search progresses. In addition, a non-dominated sorting strategy is also merged with the MOEO algorithm to preserve the population diversity and it has been considered as a crucial problem in multi-objective metaheuristic algorithms. An archive with an update function is used to uphold and improve the coverage of Pareto with optimal solutions. The performance of MOEO is validated for 33 contextual problems with 6 constrained, 12 unconstrained, and 15 practical constrained engineering design problems, including non-linear problems. The result obtained by the proposed MOEO algorithm is compared with other state-of-the-art multi-objective optimization algorithms. The quantitative and qualitative results indicate that the proposed MOEO provides more competitive outcomes than the different algorithms. From the results obtained for all 33 benchmark optimization problems, the efficiency, robustness, and exploration ability to solve multi-objective problems of the MOEO algorithm are well defined and clarified. The paper is further supported with extra online service and guideline at https://premkumarmanoharan.wixsite.com/mysite.
Japanese Hops (Humulus japonicus) Control and Management Strategies in Large River Floodplains
Authors: Guyon Lyle J , Cosgriff Robert J
Published: October 2021

Japanese hops (Humulus japonicus) is an invasive vine that establishes in open areas in riverine habitats and suppresses tree regeneration and native vegetation. This study evaluated the use of herbicides and tree plantings to control and manage Japanese hops on five Mississippi River islands over a four-year period. Herbicide treatments included a preemergent (sulfometuron methyl), a postemergent (glyphosate), and a combination of both. Tree plantings used containerized and bareroot American sycamore (Platanus occidentalis) and eastern cottonwood (Populus deltoides) trees. Japanese hops biomass was significantly lower in all herbicide treatments in 2012 and 2015, but the preemergent treatment was less effective than other treatments in 2012 and 2014. After two years, average survivorship of containerized trees was 20%–42%, whereas bareroot seedlings had near 100% mortality. Results indicate that postemergent treatments are effective for short-term control, but large floods reestablish Japanese hops in treated areas. Reforestation, if combined with herbicide treatments and active management, may be a promising approach in large river floodplains that experience frequent flooding, but low tree survivorship presents challenges to reforestation.
Exploring American Parents’ Lived Experiences During the COVID-19 Pandemic: Ramifications for Well-Being
Authors: Kaugars Astrida S , Holly Lindsay E , Tait Mary , Oswald Debra
Published: October 2021

Objective

The objective of this study was to document the direct impact of the COVID-19 pandemic on parents and families in the United States.

Methods

Parents’ experiences during the pandemic were examined using an online survey (N = 564) collected during May and June 2020.

Results

Parents reported experiencing a high frequency of COVID-19-related events (e.g., job loss and health concerns) and impact on their lives. Parents’ experiences with COVID-19, as well as self-reported perceived increase in home labor, experiences with assisting children with remote schooling, and work-life conflict were all significantly associated with higher levels of parental role overload. COVID-19-related events and impact, as well as parental role overload, significantly predicted parents’ anxiety and depression, even after controlling for demographic factors.

Conclusions

The findings suggest the importance of providing support for parents and families through direct services and public policy changes.
Commission of Human Rights Draft Declaration on Human
Rights and Letter of Transmittal
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the Draft Declaration on Human Rights, 12 February 1946.
Statement
of Essential Human Rights Presented by the Delegation of
Panama
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the Statement of Essential Human Rights Presented by the Delegation of Panama, 26 April 1946.
Commission on Human Rights Drafting CommitteeFirst
SessionSummary Record of the Third Meeting
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the Drafting Committee (CHR) Meeting Summary, 11 June 1947.
Commission on Human Rights Drafting CommitteeInternational Bill
of RightsDocumented Outline textsUnited Kingdom Draft International
Bill of Human Rights
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the Drafting Committee (CHR) United Kingdom Draft International Bill of Rights, 10 June 1947.
Commission on Human Rights Drafting Committee on an
International Bill of Human RightsFirst SessionReport of the
Drafting Committee to the Commission on Human Rights
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the Drafting Committee (CHR) Report, 1 July 1947.
Commission on Human Rights Drafting Committee Second
SessionReport of the Sub-Committee, Consisting of the
Representatives of France, the United Kingdom and the United States
of America, Appointed to Re-Draft Article 13 of the Draft
International Covenant on Human Rights (Document E/600)
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the Drafting Sub-Committee (CHR) Report, 12 May 1948.
Commission on Human Rights Drafting Committee Second
Session
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the Drafting Committee (CHR) Meeting Summary, 14 May 1948.
Commission on Human Rights Drafting Committee Second
SessionReport of the Sub-Committee, Consisting of the
Representatives of France, the United Kingdom and the United States
of America, Appointed to Re-Draft Article 13 of the Draft
International Covenant on Human Rights (Document E/600)
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

Drafting Sub-Committee (CHR) Report, 14 May 1948.
Commission on Human Rights Drafting Committee Second
Session
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the Drafting Committee (CHR) Meeting Summary, 21 May 1948.
Commission on Human Rights
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the CHR Meeting Summary, 31 May 1949.
Report of the Third Session of the Commission on Human
Rights
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the CHR Report, 28 June 1948.
Commission on Human Rights
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the CHR Philippines amendments, 23 May 1949.
Commission on Human Rights
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the CHR Philippines-United States amendment, 1 June 1949.
Commission on Human Rights
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the CHR France-Egypt amendment, 1 June 1949.
Commission on Human Rights
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the CHR Meeting Summary, 2 June 1949.
Report
of the Fifth Session of the Commission on Human Rights to the
Economic and Social Council
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the CHR Report, 23 June 1949.
Commission on Human Rights
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the CHR Denmark amendment, 11 April 1950.
Commission on Human Rights
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the CHR Meeting Summary, 17 April 1950.
Commission on Human Rights
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the CHR United States amendment, 21 April 1950.
Commission on Human Rights
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the CHR Meeting Summary, 18 May 1950.
Economic and Social Council
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the Social Committee (ECOSOC) Meeting Summary, 25 July 1950.
Draft first international covenant on human rights and
measures of implementation (A/1384, A/C.3/534, A/C.3/535 and E/1681)
(continued)
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the Third Committee (GA) Meeting Summary, 20 October 1950.
Commission on Human Rights
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the CHR Meeting Summary, 2 June 1952.
Commission on Human Rights
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the CHR Report, 19 May 1951.
Commission on Human Rights
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the CHR France amendment, 2 June 1952.
United NationsCommission on Human RightsReport of the
Tenth Session23 February—16 April 1954Economic and Social
CouncilOfficial Records: Eighteenth SessionSupplement No. 7New
YorkAnnexes
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the CHR Report, 16 April 1954.
Agenda Item 58
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the Third Committee (GA) Meeting Summary, 10 November 1954.
Tenth session
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the Third Committee (GA) Government Observations, 30 June 1955.
Tenth session
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the Third Committee (GA) Government Observations, 27 July 1955.
Tenth session
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the Third Committee (GA) Government Observations, 2 August 1955.
Fourteenth sessionThird CommitteeAgenda item 34
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the Third Committee (GA) United Kingdom amendment, 6 November 1959.
Fourteenth sessionThird CommitteeAgenda item 34
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the Third Committee (GA) Argentina amendment, 18 November 1959.
Fourteenth sessionThird CommitteeAgenda item 34
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the Third Committee (GA) Israel amendment, 19 November 1959.
Fourteenth sessionThird CommitteeAgenda item 34
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the Third Committee (GA) Argentina amendment, 19 November 1959.
Fourteenth sessionThird CommitteeAgenda item 34
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the Third Committee (GA) Ceylon amendment, 20 November 1959.
Agenda Item 34
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the Third Committee (GA) Meeting Summary, 23 November 1959.
Fourteenth sessionThird CommitteeAgenda item 34
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the Third Committee (GA) Working Paper, 23 November 1959.
Fourteenth sessionThird CommitteeAgenda item 34
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the Third Committee (GA) Canada, Ceylon and Pakistan amendment, 23 November 1959.
Fourteenth sessionThird CommitteeAgenda item 34
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the Third Committee (GA) Italy amendment, 23 November 1959.
Fourteenth sessionThird CommitteeAgenda item 34
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the Third Committee (GA) Canada, Ceylon, Iran, Italy, Japan, Jordan and Pakistan amendment, 24 November 1959.
Agenda Item 34
Authors: Clooney Amal , Webb Philippa , Nelson Matthew
Published: October 2021

This section presents the Third Committee (GA) Meeting Summary, 27 November 1959.
Consideration
Authors: Andrews Neil
Published: October 2021

If the contract has not been formalized as a deed, the agreement will be recognized as legally effective only if the party suing has provided something at the other party’s request as a bargained element. The doctrine continues to apply, but some of its extensions have been either abandoned or diluted. The doctrine of consideration applies not just to initial agreements but to agreements to vary contracts. In the variation context, a notable modern development is that a promise to pay more for performance can be enforced if the court can identify that the promise of extra remuneration is underpinned by a commercial advantage to the person expecting performance. This is the ‘practical benefit’ aspect of variation agreements. Also in the context of variations, the Common Law continues to refuse to recognize a gratuitous promise to extinguish or reduce a debt which has accrued under the contract. It remains controversial whether there is any equitable qualification on this last proposition if the debtor has acted in reliance on the promised and favourable variation made by the creditor.
Capacity
Authors: Andrews Neil
Published: October 2021

This is a concise treatment of the rules relating to capacity in the sphere of minors, the mentally disabled, and companies which have yet to be formed. Case law discussion is included.
Mistake
Authors: Andrews Neil
Published: October 2021

Occasionally English law will treat an apparent contract as void because both parties have suffered a misapprehension concerning the nature of the subject-matter. A shared fundamental mistake renders the supposed agreement a nullity. But this is possible only in extreme circumstances. English law adopts a narrow approach to mistake. In the leading case, Bell v Lever Bros (1932), Lords Atkin and Thankerton, members of the three-judge majority, considered that the test for shared mistake is whether an error has occurred which involves an essential difference between reality and the parties’ shared mistaken assumption. Because of the narrow way in which this restrictive formulation has been applied, the doctrine of shared mistake occupies a minor place in practice. An attempt by Lord Denning in Solle v Butcher (1950) to create in Equity a parallel and more pliable doctrine of shared mistake was repudiated in 2002 by the Court of Appeal in ‘The Great Peace’. But a contract can be a nullity where there is no consensus because an offer has been made to an identified person whose identity has been adopted by an impostor (who communicates other than face-to-face with the offeror). But if the impostor and offeror meet face-to-face, a voidable contract is likely to be found. This branch of the doctrine of mistake is known as ‘error as to identity’ or ‘mistaken identity’.
Damages
Authors: Andrews Neil
Published: October 2021

The rules governing compensatory damages for breach of contract are complicated and at times difficult to apply precisely. This chapter considers those doctrines in detail: including the different `measures’ of compensation, and the defences of causation, remoteness, mitigation, etc. The paradigm measure of compensatory damages for breach of contract is the so-called ‘expectation’ or ‘loss of bargain’ species. Here the aim is to place the innocent party in the position in which he would have been if the contract had been properly performed. That aim cane be achieved notably by recovering the profits he had expected to gain under the contract. But where loss of profit cannot be easily proved, a ‘fall-back’ compensatory measure is reliance loss damages. These restore the innocent party monetarily to the position he enjoyed before the contract was breached, thus enabling him to recover his wasted expenditure.
The Letter of Credit as a Contract
Authors: Booysen Sandra
Published: October 2021

This chapter considers the relationships created by the issue of a letter of credit. In particular, it focuses on the relationship between the issuer and/or confirmer of the credit on the one hand, and the seller of the goods on the other. Although the letter of credit is typically referred to as creating a contractual obligation between these parties, and that characterisation is rarely disputed, a closer analysis from a common law perspective reveals that some elements for contract formation appear to be absent. The chapter re-examines this debate in the light of recent developments in the law. It concludes that the relationship is indeed contractual, albeit that some of the contractual prerequisites may be satisfied in an unorthodox way.
Determining a Complying Presentation in Letter of Credit Transactions
Authors: Adodo Ebenezer
Published: October 2021

This chapter explores frequently neglected aspects of the vexed question of complying presentation in letter of credits operations from the perspective of Anglo-American law and a pragmatic appreciation of the International Chamber of Commerce’s codes of banking practice. In particular, it considers the existence and extent of the classes of ICC print material permissible as an aid in ascertaining the proper legal meaning and effect of a clause in the UCP 600 that lacks sufficient clarity, or even worse, if the UCP clause in dispute makes no express provision on the point at issue. The discussion then evaluates the nature of a clause in a credit calling for a draft drawn on the applicant; the legal effect of an unstipulated document in a presentation under the credit; and the rights of the beneficiary when determining the bank to which to tender documents for payment.
Letters of Credit and Stop Payment Orders Made in the Issuer’s Country
Authors: Enonchong Nelson
Published: October 2021

This chapter offers a critical examination of the significant, but largely unexplored, question whether, and to what extent, a foreign order restraining the issuing bank from making payment under a letter of credit can afford the issuing bank a good defence to a claim in a court outside that bank’s home jurisdiction. At common law, in England as well as in other jurisdictions, such as Hong Kong, Singapore and the US, such orders have only limited effect in the forum. This chapter argues that the approach of the English courts to article 4 of the Rome Convention of 19 June 1980 on the law applicable to contractual obligations meant that such orders could defeat a claim against the issuing bank in England only in very narrow circumstances. It goes on to examine the extent to which the changes introduced in article 4 of the Rome I Regulation of 17 June 2008 on the law applicable to contractual obligations have altered the position under English law, so that stop payment orders made in the issuer’s home jurisdiction may now have a much wider reach in England. The chapter contends that notwithstanding the amendments to article 4, in the specific context of letters of credit, the approach of the English courts under the Rome I Regulation is likely to be broadly similar to that under the Rome Convention. The Rome I Regulation has not (even unintentionally) opened the door to stop payment orders made in the issuer’s home jurisdiction.
The Bank Payment Obligation as a Signal Step in the Evolution of Digital Trade Finance
Authors: Mugasha Agasha
Published: October 2021

The bank payment obligation (‘BPO’) is a new digital financial instrument intended to secure payment and facilitate finance for goods and services in the supply chain. Like the letter of credit, it relies on the banking network to transmit trade and payment information; unlike the letter of credit, however, it is based on the electronic transmission and matching of structured data on an independent transaction matching application. It thus avoids the physical examination of documents by the banks and moves payment services further in the digital era. Focusing on the legal aspects as envisaged in the Uniform Rules for Bank Payment Obligations (‘URBPO’), this chapter notes that the BPO will co-exist with the pre-existing trade methods of open account and letters of credit, and will operate best in the niche market where the trading parties have prioritised digital trade. In a wider perspective, its principles will likely inspire the further digitalisation of trade finance.
Something Old, Something New
Authors: Hare Christopher
Published: October 2021

Letters of credit have increasingly come under strain as a payment mechanism in international trade as a result of increased technology, competition, and regulation. At the same time, the letter of credit’s efficiency has reduced over time as a result of its processing costs and speed. The space created by the decline of the letter of credit has been filled by trade parties turning to open account and prepayment terms, whilst using Supply Chain Financing (‘SCF’) techniques to provide the requisite liquidity. The advantages of such payment terms are principally their speed, convenience and cost, all of which the letter of credit increasingly lacks. Accordingly, it is unlikely that this trend towards SCF techniques will abate any time soon. Nevertheless, there are still legal difficulties associated with such payment and liquidity-enhancing techniques, as well as uncertainty associated with the regulatory and accounting treatment of these devices. If open-account trading and SCF techniques are going to eclipse the letter of credit as a payment mechanism, these challenges will have to be addressed.
Jurisdiction, Sources and General Rules
Authors: French Derek
Published: October 2021

The chapter discusses the process of applying for and making winding-up orders. Proceedings for Winding Up by the Court Under Insolvency Act 1986 must be made by Petition. Winding up is most often sought by creditors of insolvent companies and is usually seen primarily as an insolvency procedure. Other purposes may justify making a winding-up order. From the time that a court makes an order that a company is to be wound up, the company has a liquidator under IA 1986. The liquidator must take into his custody or under his control all the property and things in action to which the company is or appears to be entitled. A compulsory winding up is wholly dependent on the court. It is for the court to oversee the realization of the assets of the company and their distribution, on the correct principles, among creditors and members. Legislation has made available various company insolvency procedures which, though not winding-up orders or bank or building society insolvency orders, replace a company’s directors with an independent insolvency office-holder who is at least capable of achieving the winding up of the company.
Presentation of a Winding-up Petition
Authors: French Derek
Published: October 2021

The chapter discusses the Court orders which have the effect of winding up companies’ but under the Insolvency Act 1986 (IA 1986). An application for an order that a company be wound up by the court under IA 1986 must be made by petition and can refer to only one company. The petition must contain all necessary allegations in a form which is sufficient to enable the court to make the requisite findings and consider the appropriate order. For all the various types of entity which may be wound up by the court under IA 1986, the relevant legislation specifies the circumstances in which that type of entity may be wound up. These are usually called the ‘grounds’ for winding up. For certain types of company, other persons also have standing to petition for winding up. There are separate rules for building societies, incorporated friendly societies and insolvent partnerships.