bluuebunny/crossref_metadata_2025 huggingface dataset:
Association Between Fetal Congenital Heart Defects and Maternal Risk of Hypertensive Disorders of Pregnancy in the Same Pregnancy and Across Pregnancies
Authors: Boyd Heather Allison , Basit Saima , Behrens Ida , Leirgul Elisabeth , Bundgaard Henning , Wohlfahrt Jan , Melbye Mads , Øyen Nina
Published: April 2017

Background:

Both pregnant women carrying fetuses with heart defects and women with hypertensive disorders of pregnancy often exhibit angiogenic imbalances, suggesting that the same mechanisms are involved in the pathogenesis of the former and the pathophysiology of the latter. We conducted a register-based cohort study to determine whether offspring congenital heart defects are associated with an increased risk of hypertensive disorders of pregnancy and whether the mechanisms driving any association are primarily maternal or fetal.

Methods:

Among singleton pregnancies without chromosomal abnormalities lasting ≥20 weeks in Denmark from 1978 to 2011 (n= 1 972 857), we identified pregnancies complicated by offspring congenital heart defects or early preterm preeclampsia, late preterm preeclampsia, term preeclampsia, and gestational hypertension. We used polytomous logistic regression to estimate odds ratios (ORs) for associations between offspring congenital heart defects and maternal hypertensive disorders of pregnancy overall and for specific heart defects.

Results:

Offspring congenital heart defects were strongly associated with early preterm preeclampsia (OR, 7.00; 95% confidence interval [CI], 6.11–8.03) and late preterm preeclampsia (OR, 2.82; 95% CI, 2.38–3.34) in the same pregnancy and weakly associated with term preeclampsia (OR, 1.16; 95% CI, 1.06–1.27), but they were not associated with gestational hypertension (OR, 1.07; 95% CI, 0.92–1.25). Association strengths were consistent across heart defect types. Offspring congenital heart defects in a previous pregnancy were also strongly associated with preterm preeclampsia in subsequent pregnancies (early preterm preeclampsia: OR, 2.37; 95% CI, 1.68–3.34; late preterm preeclampsia: OR, 2.04; 95% CI, 1.52–2.75) but were only modestly associated with term preeclampsia and not associated with gestational hypertension. Similarly, preterm preeclampsia in a previous pregnancy, but not term preeclampsia or gestational hypertension, was associated with offspring congenital heart defects in later pregnancies (early preterm preeclampsia: OR, 7.91; 95% CI, 6.06–10.3; late preterm preeclampsia: OR, 2.83; 95% CI, 2.11–3.79; term preeclampsia: OR, 0.98; 95% CI, 0.88–1.10; gestational hypertension: OR, 1.13; 95% CI, 0.92–1.38).

Conclusions:

Linked pathophysiological mechanisms may be involved in some congenital heart defects and preterm preeclampsia. The strong associations across pregnancies support a predominantly maternal origin of effect.
Randomized Comparison of Paclitaxel-Eluting Balloon and Stenting Versus Plain Balloon Plus Stenting Versus Directional Atherectomy for Femoral Artery Disease (ISAR-STATH)
Authors: Ott Ilka , Cassese Salvatore , Groha Philipp , Steppich Birgit , Hadamitzky Martin , Ibrahim Tareq , Kufner Sebastian , Dewitz Karl , Hiendlmayer Regina , Laugwitz Karl-Ludwig , Schunkert Heribert , Kastrati Adnan , Fusaro Massimiliano
Published: April 2017

Background:

Atherosclerosis in the superficial femoral artery is common in patients suffering from peripheral artery disease. Paclitaxel-eluting balloon (PEB) angioplasty, stenting, and directional atherectomy (DA) have provided new options for the treatment of superficial femoral artery disease; however, the comparative efficacy of these interventional strategies remains uncertain.

Methods:

One hundred and fifty-five patients with symptomatic peripheral artery disease due to de novo superficial femoral artery stenotic or occlusive lesions were randomized to treatment with plain balloon angioplasty (BA) followed by PEB angioplasty and stenting (n=48), BA and stenting (n=52), or DA with distal protection and bailout stenting (n=55). The primary end point of the study was percentage diameter stenosis after 6 months measured by angiography. Other end points included target lesion revascularization, thrombosis, ipsilateral amputation, binary restenosis, and all-cause mortality at 6 and 24 months.

Results:

Baseline and lesion characteristics were comparable in all groups with a mean lesion length of 65.9±46.8 mm and 56% total occlusions. At 6 months angiography, the percent diameter stenosis was significantly lower in patients treated by PEB angioplasty and stenting (34±31%) as compared with BA angioplasty and stenting (56±29%,
P
=0.009) or DA (55±29%,
P
=0.007). Similarly, binary restenosis was significantly lower after treatment with PEB and stenting as compared with BA and stenting or DA. Clinical follow-up at 24 months revealed a lower risk for target lesion revascularization after PEB angioplasty and stenting as compared with BA and stenting or DA. We found no difference in terms of target lesion thrombosis and mortality among groups, and no patient underwent amputation.

Conclusions:

Treatment of de novo superficial femoral artery lesions with PEB angioplasty and stenting is superior to BA angioplasty and stenting or DA in terms of angiographic diameter stenosis at 6 months and target lesion revascularization at 24 months.

Clinical Trial Registration:

URL:
http://www.clinicaltrials.gov
. Unique identifier: NCT00986752.
Preimplantation Genetic Diagnosis: The Situation in France and in Other European Countries
Authors: Duguet Anne-Marie , Boyer-Beviere Bénédicte
Published: April 2017

Preimplantation genetic diagnosis (pgd) relates exclusively to in vitro fertilisation techniques (ivf) that aim to prevent transmission of a serious genetic abnormality to the child. The genetic characteristics of the embryo created through ivf are analysed, and only the embryos free of the genetic abnormality are implanted in the womb. Performed worldwide since 1990, this technique has raised many legal and ethical debates due to the very wide variations of lawgiving between countries. This is shown by the report of the unesco ibc (2003), which described the techniques and the issues raised by preimplantation genetic diagnosis. In this article, the authors present the differences between prenatal diagnosis and preimplantation genetic diagnosis, the French legislation, then the range of legislation in Europe and finally the position of the European Court of Human Rights which sanctioned Italy and Latvia for refusing access to pgd.
nato, International Organizations and Functional Immunity
Authors: Grütters Daniël M.
Published: April 2017

The development of international law vis-à-vis international organizations has been limited and not seen an evolution of mechanisms to settle conflicts involving international organizations. In a world in which the role and importance of international organizations continues to grow, their opaque status under international law is a problem. This article discusses the position of the North Atlantic treaty Organization (‘nato’) as an international organization under international law within the context of military operations. If nato has a distinct legal personality and relevant conduct can be attributed to it, it could face potential claims. In this article I will argue that the procedural bar of functional immunity is limiting claimants from bringing such claims, not only impeding access to justice for individual claimants, but also obstructing the development of the position of international organizations under international law, and that the scope and operation of functional immunity should therefore be limited.
Review of the Priocnemis hyalinata species-group (Hymenoptera: Pompilidae), with description of a new species from China
Authors: LOKTIONOV VALERY M. , LELEJ ARKADY S. , XU ZAI-FU
Published: April 2017

Eight species in the Priocnemis hyalinata species-group are reviewed. The species-group is recorded from Oriental Region for the first time, and one new species, Priocnemis (Priocnemis) yunnanensis Loktionov, Lelej & Xu, sp. nov. (China: Yunnan) is described and illustrated. The lectotype of Salius (Priocnemis) unicolor Gussakovskij is designated. The distribution of P. (P.) hyalinata (Fabricius), P. (P.) fennica Haupt and P. (P.) unicolor (Gussakovskij) is clarified and enlarged within Russia. Keys to species for males and females are given.
Using the Moist Static Energy Budget to Understand Storm-Track Shifts across a Range of Time Scales
Authors: Barpanda Pragallva , Shaw Tiffany
Published: April 2017

Storm tracks shift meridionally in response to forcing across a range of time scales. Here the authors formulate a moist static energy (MSE) framework for storm-track position and use it to understand storm-track shifts in response to seasonal insolation, El Niño minus La Niña conditions, and direct (increased CO2 over land) and indirect (increased sea surface temperature) effects of increased CO2. Two methods (linearized Taylor series and imposed MSE flux divergence) are developed to quantify storm-track shifts and decompose them into contributions from net energy (MSE input to the atmosphere minus atmospheric storage) and MSE flux divergence by the mean meridional circulation and stationary eddies. Net energy is not a dominant contribution across the time scales considered. The stationary eddy contribution dominates the storm-track shift in response to seasonal insolation, El Niño minus La Niña conditions, and CO2 direct effect in the Northern Hemisphere, whereas the mean meridional circulation contribution dominates the shift in response to CO2 indirect effect during northern winter and in the Southern Hemisphere during May and October. Overall, the MSE framework shows the seasonal storm-track shift in the Northern Hemisphere is connected to the stationary eddy MSE flux evolution. Furthermore, the equatorward storm-track shift during northern winter in response to El Niño minus La Niña conditions involves a different regime than the poleward shift in response to increased CO2 even though the tropical upper troposphere warms in both cases.
Total and Extreme Precipitation Changes over the Northeastern United States
Authors: Huang Huanping , Winter Jonathan M. , Osterberg Erich C. , Horton Radley M. , Beckage Brian
Published: April 2017

The northeastern United States has experienced a large increase in precipitation over recent decades. Annual and seasonal changes of total and extreme precipitation from station observations in the Northeast were assessed over multiple time periods spanning 1901–2014. Spatially averaged, both annual total and extreme precipitation across the Northeast increased significantly since 1901, with changepoints occurring in 2002 and 1996, respectively. Annual extreme precipitation experienced a larger increase than total precipitation; extreme precipitation from 1996 to 2014 is 53% higher than from 1901 to 1995. Spatially, coastal areas receive more total and extreme precipitation on average, but increases across the changepoints are distributed fairly uniformly across the domain. Increases in annual total precipitation across the 2002 changepoint are driven by significant total precipitation increases in fall and summer, while increases in annual extreme precipitation across the 1996 changepoint are driven by significant extreme precipitation increases in fall and spring. The ability of gridded observed and reanalysis precipitation data to reproduce station observations was also evaluated. Gridded observations perform well in reproducing averages and trends of annual and seasonal total precipitation, but extreme precipitation trends show significantly different spatial and domain-averaged trends than station data. The North American Regional Reanalysis generally underestimates annual and seasonal total and extreme precipitation means and trends relative to station observations, and also shows substantial differences in the spatial pattern of total and extreme precipitation trends within the Northeast.
GLD360 Performance Relative to TRMM LIS
Authors: Rudlosky Scott D. , Peterson Michael J. , Kahn Douglas T.
Published: April 2017

This study evaluates the performance of the operational and reprocessed Global Lightning Dataset 360 (GLD360) data relative to the Tropical Rainfall Measuring Mission (TRMM) Lightning Imaging Sensor (LIS) during 2012–14. The analysis compares ground- and space-based lightning observations to better characterize the pre- and postupgrade GLD360. The reprocessed, postupgrade data increase the fraction of LIS flashes detected by the GLD360 [i.e., relative detection efficiency (DE)]. The relative DE improves during each year in every region, and year-over-year improvement appears in both datasets. The reprocessed relative DE exceeds 40% throughout large portions of the study domain with relative maxima over the western Atlantic, eastern Pacific, and the Gulf of Mexico. The upgrade results in shorter distances between matched LIS and GLD360 locations, indicating improved location accuracy. On average, the matched LIS flashes last longer (18.6 ms) and are larger (379.3 km2) than the unmatched LIS flashes (6.1 ms, 251.0 km2). For each LIS characteristic examined, the greater the value, the more likely the GLD360 detects the flash. Of the matched LIS flashes, 44.3% have multiple GLD360 strokes, and the mean LIS characteristics increase with increasing stroke count. LIS flashes with four-plus related GLD360 strokes are longest (61.1 ms) and largest (492.7 km2). Of the multistroke flashes, 57.3% contain subsequent strokes that are stronger than the initial stroke. The vast majority of multistroke flashes with a first stroke estimated with a peak current of <10 kA have stronger subsequent strokes, suggesting that the GLD360 sometimes detects the initial cloud pulses associated with ground flashes.
Promoting Constructive Multicultural Attractors: Fostering Unity and Fairness From Diversity and Conflict
Authors: Coleman Peter T. , Coon Danielle , Kim Regina , Chung Christine , Bass Rebecca , Regan Bridget , Anderson Robert
Published: April 2017

Enduring forms of bias and discrimination are well documented and pervasive in many organizations fueling costly patterns of destructive cross-cultural and multicultural conflict. Changes in these dynamics are often slow and beset with setbacks. In this article, we present a dynamical systems model of multicultural organizational change, which outlines how leveraging tension from such conflict can help break down destructive multicultural attractors, or change-resistant patterns of intergroup bias and discrimination, and help promote more constructive attractors through increased institutional accountability for enacting fair and just workplace reforms. By recognizing the complex and dynamic nature of attractor patterns of bias and discrimination and working with the resulting tensions optimally and strategically, we propose that they can provide energy and will for reforms that transform chronic patterns of multicultural relations from destructive to constructive.
The Structure of Policy Networks for Injury and Violence Prevention in 15 US Cities
Authors: Harris Jenine K. , Jonson-Reid Melissa , Carothers Bobbi J. , Fowler Patrick
Published: April 2017

Objectives:

Changes in policy can reduce violence and injury; however, little is known about how partnerships among organizations influence policy development, adoption, and implementation. To understand partnerships among organizations working on injury and violence prevention (IVP) policy, we examined IVP policy networks in 15 large US cities.

Methods:

In summer 2014, we recruited 15 local health departments (LHDs) to participate in the study. They identified an average of 28.9 local partners (SD = 10.2) working on IVP policy. In late 2014, we sent survey questionnaires to 434 organizations, including the 15 LHDs and their local partners, about their partnerships and the importance of each organization to local IVP policy efforts; 319 participated. We used network methods to examine the composition and structure of the policy networks.

Results:

Each IVP policy network included the LHD and an average of 21.3 (SD = 6.9) local partners. On average, nonprofit organizations constituted 50.7% of networks, followed by government agencies (26.3%), schools and universities (11.8%), coalitions (11.2%), voluntary organizations (9.6%), hospitals (8.5%), foundations (2.2%), and for-profit organizations (0.7%). Government agencies were perceived as important by the highest proportion of partners. Perceived importance was significantly associated with forming partnerships in most networks; odds ratios ranged from 1.07 (95% CI, 1.02-1.13) to 2.35 (95% CI, 1.68-3.28). Organization type was significantly associated with partnership formation in most networks after controlling for an organization’s importance to the network.

Conclusions:

Several strategies could strengthen local IVP policy networks, including (1) developing connections with partners from sectors that are not well integrated into the networks and (2) encouraging indirect or less formal connections with important but missing partners and partner types.
Radio frequency/analog and linearity performance of a junctionless double gate metal–oxide–semiconductor field-effect transistor
Authors: Baral Biswajit , Biswal Sudhansu Mohan , De Debashis , Sarkar Angsuman
Published: April 2017

The analog/radio frequency (RF) and linearity performance of a junctionless double gate metal–oxide–semiconductor field-effect transistor (JL DGMOS) is investigated using the numerical TCAD device simulator. JL DGMOSs have shown great promise for high-performance digital applications due to their superior short channel effect performance and ease of fabrication. In analog and RF circuit applications, linearity testing and RF performance is a major issue that is encountered due to non-linear behavior of the devices. Therefore, in this paper, different RF/analog and linearity performance figures of merits such as transconductance, intrinsic gain, the transconductance generation factor, the cut off frequency, the maximum frequency of oscillation, the gain bandwidth product, the variable intercept point of second order, the variable intercept point of third order, inter modulation distortion, the third-order intercept point, and 1-dB compression have been presented. Moreover, the effect of gate-length downscaling on these performance parameters has been carried out. The results indicate that the down scaled JL DGMOS shows great promise to become a competitive contender for analog/mixed signal system on chip applications by demonstrating a significant improvement in its RF performance with gate-length downscaling.
The Impact of Measurement Error on Wage Decompositions: Evidence From the British Household Panel Survey and the Household, Income and Labour Dynamics in Australia Survey
Authors: Uhrig S. C. Noah , Watson Nicole
Published: April 2017

Test–retest reliability assessments rarely investigate whether reliability itself is stable or change in reliability affects findings from substantive models. Research across the social sciences often recognizes that measurement error could influence results, yet it rarely applies established error correction methods. Focusing on gender wage inequality, we address two questions. First, to what extent does reliability vary over time, across genders and across measurement protocols? Second, does correcting for measurement error influence substantive conclusions about gender wage inequality? Comparing British and Australian panel data, we find little temporal variability in reliability; however, measurement error effects are variable and sometimes substantial.
Yellow fever from Angola and Congo: a storm gathers
Authors: Ahmed Qanta A , Memish Ziad A
Published: April 2017

In common with Zika, Chikungunya and Dengue, Yellow Fever (YF) is an arthropod-borne flavivirus. It is transmitted between humans and from monkeys by mosquitoes of the Aedes aegypti (its principal vector), haemogogus and albopictus varieties. Three cycles of transmission may occur: urban; sylvatic; and intermediate. Recently, sub-Saharan Africa has seen the resurgence of this neglected disease. The current YF outbreak in Angola began in December 2015 in the capital Luanda and by October 2016 there had been > 4300 suspected cases, with 376 deaths (case fatality rate = 8.8%). A total of 884 were laboratory confirmed but it is likely that case numbers may be seriously underestimated. YF has subsequently quickly spread to neighbouring Congo and further afield to Kenya and also China, this being of grave concern as this was a first introduction of YF to Asia.

YF has recently hit Brazil, with 555 suspected cases and 107 deaths reported by the end of January 2017. Extremely rapid unplanned urban migration in Africa by non-immune rural populations to already densely populated cities, where high densities of mosquitoes co-exist with city dwellers in makeshift flimsy accommodation, poses a ready recipe for an epidemic of massive proportion. In such conditions, with enormously strained public services existing among the most needy and vulnerable populations, mosquito control programmes are nearly impossible. YF in Congo is a tempest barely restrained. However, it is one that can be controlled by focused and committed international collaboration, by intense and united political will and by the marriage of old and trusted techniques: a vaccine almost a century old and some of the most modern technologies available to man.
Linear low-density polyethylene/silicone rubber nanocomposites
Authors: Hidayah Nurul , Mustapha Mariatti , Ismail Hanafi , Kamarol Mohamad
Published: April 2017

This study determines the applicability of nanofillers (silica, boron nitride, and zinc oxide) in linear low-density polyethylene (LLDPE)/silicone rubber (SR) insulation compounds. Design of experiment is adopted to model the relationship between the properties (permittivity, loss tangent, dielectric strength, and volume resistivity) and factors (SR content, type of nanofiller, and nanofiller loading) for performance optimization. It is observed that SR content and type of nanofiller significantly influence the electrical properties of LLDPE/SR nanocomposites. Nanofiller loading, however, causes a small variation in the properties of the nanocomposites except for dielectric strength. From the optimization, it is found that the optimum formulation composition is 10 wt% of SR and 2 vol% of nanoboron nitride.
Robust non-fragile guaranteed cost control for singular Markovian jump time-delay systems
Authors: Liu Guobao , Wei Yunliang , Ma Qian , Lu Junwei , Chu Yuming
Published: April 2017

This paper deals with the problem of robust non-fragile guaranteed cost control for a class of uncertain singular Markovian jump systems with time-varying delays. The time-varying and norm-bounded parameter uncertainties exist in both the state matrix and the derivative matrix. A non-fragile proportional-derivative state feedback controller is designed to guarantee the closed-loop singular Markovian jump system is normal and robustly stochastically stable. By proposing an optimization strategy in the framework of linear matrix inequalities, the upper bound of the cost function can be minimized. Finally, a numerical example is given to demonstrate the effectiveness of the results.
Token Economy: A Systematic Review of Procedural Descriptions
Authors: Ivy Jonathan W. , Meindl James N. , Overley Eric , Robson Kristen M.
Published: April 2017

The token economy is a well-established and widely used behavioral intervention. A token economy is comprised of six procedural components: the target response(s), a token that functions as a conditioned reinforcer, backup reinforcers, and three interconnected schedules of reinforcement. Despite decades of applied research, the extent to which the procedures of a token economy are described in complete and replicable detail has not been evaluated. Given the inherent complexity of a token economy, an analysis of the procedural descriptions may benefit future token economy research and practice. Articles published between 2000 and 2015 that included implementation of a token economy within an applied setting were identified and reviewed with a focus on evaluating the thoroughness of procedural descriptions. The results show that token economy components are regularly omitted or described in vague terms. Of the articles included in this analysis, only 19% (18 of 96 articles reviewed) included replicable and complete descriptions of all primary components. Missing or vague component descriptions could negatively affect future research or applied practice. Recommendations are provided to improve component descriptions.
Twenty one years of HIV/AIDS medicines in the newspaper: patents, protest, and philanthropy
Authors: Owen Thomas
Published: April 2017

In 1996, highly active antiretrovirals (ARVs) were released to the public, radically altering the health prospects of people living with HIV and AIDS. In the two decades since, ARVs have become the subject of intense political debate and social justice mobilization. In particular, ARV intellectual property patent protections have become a high-profile trade and diplomacy issue, while major philanthropic organizations have entered the fray to support large-scale treatment programs. This article maps 21 years of HIV/AIDS medicines coverage in mainstream newspapers to illustrate these developments and contestations. It demonstrates two main processes: first, where civil society mobilization successfully promoted ARVs onto the media and policy agenda, and second, where issue fragmentation and a changing political and media context saw ARVs dramatically exit the news coverage, despite the continuing catastrophic scale of the global HIV/AIDS medicines crisis.
The Domestic Protection and Promotion of Human Rights under the 1995 Ugandan Constitution
Authors: Ssenyonjo Manisuli
Published: April 2017

This article examines the domestic constitutional framework for protection and promotion of human rights in Uganda. It considers the historical evolution of Uganda's Bill of Rights in the context of Uganda's history, which has been characterised by gross human rights violations. It observes that in 1986 Museveni under his ‘Movement’ or ‘no-party’ government declared a period of ‘fundamental change’, but argues that despite some positive aspects, the change as related to the protection and promotion of human rights has been far from being ‘fundamental’. It contends that, although the 1995 Ugandan Constitution attempts to protect human rights, the constitutional restrictions on civil and political rights and the relegation of most economic and social rights as ‘directive principles' coupled with elastic executive powers together with the ‘no-party’ political system undermine the effective protection and promotion of civil, political as well as economic, social and cultural rights. The article concludes by calling for a democratic constitutional reform representative of all interest groups, judicial activism on the part of the Ugandan Judiciary and Human Rights Commission and developing a culture of constitutionalism in Uganda to give effect to the indivisible and interdependent nature of all human rights in accordance with Uganda's international human rights obligations as a State party to the two international human rights covenants on civil and political as well as economic, social and cultural rights.
The Right to Education of Persons with Disabilities: Disabled in Interpretation and Application
Authors: Breen Claire
Published: April 2017

In July 2001, the Irish Supreme Court decided that the right to a free primary education as contained in the Irish Constitution could not be extended to a 23-year-old autistic man, Jamie Sinnott. Much of the Supreme Court judgment is an exercise in statutory interpretation. The Court considered the meaning of both ‘primary’ and ‘education’ in the context in which it appeared in the Constitution – that of the rights of parents regarding the education of their children. Whilst it was happy to find that the type of on-going care and support required by Jamie Sinnott could be classified as education, nevertheless, the majority of the Irish Supreme Court limited the meaning of ‘primary’ education to that required by children and thereby excluding the care and support, which it recognised as ‘education’, required by profoundly handicapped adults. The impact of the Court's exercise in statutory interpretation is that, in Ireland, the right to free primary education is to be defined with regard to age and not needs.

This paper examines the decision of the Irish Supreme Court against the background of the general right to education as provided for in international human rights law in an effort to ascertain the extent to which the Supreme Court decision, as it reflects Irish domestic law regarding the provision of free primary education, correlates with Ireland's international human rights obligations. In so doing, it will reveal the limited extent to which the rights of disabled person have been ‘integrated’ into the general right to education. To that end, Part 1 of this article will focus upon the Sinnott Case as it provides an effective summary of domestic law regarding primary education as contained in the Constitution, statute and case law as well as being the benchmark for the rights of disabled persons to education in Ireland. Part 2 will consider the provisions of international human rights law regarding that pertain to the rights of disabled persons. Part 3 will consider the right to education as provided for in international human rights treaties by comparing the provisions regarding the general right to education, provisions regarding primary education, and provisions regarding persons with disabilities. Part 4 concludes this article by drawing together the right to education and the rights of disabled individuals in an analysis of language and interpretation in an effort to determine the extent to which the rights of individuals, such as Jamie Sinnott are protected by both national and international law.
Human Rights Law and National Sovereignty in Collusion: The Plight of Quasi-Nationals at Strasbourg
Authors: Dembour Marie-Benedicte
Published: April 2017

This article offers a review of the cases where the European Court of Human Rights has been called upon to decide whether or not the expulsion of a ‘quasi-national’ following criminal conviction violated the European Convention on Human Rights. The Court has adopted various findings since its first ruling in 1991. The first part of this article argues that neither the facts of the cases, nor the composition of the relevant judicial panels, nor an evolution in the overall political climate explain in themselves the inconsistency in the case law, qualified as arbitrariness by one of the judges. The second part of the article moves beyond a close socio-legal analysis to discuss the significance of the common rule (once inadmissibility decisions are taken into consideration), according to which quasi-nationals are deportable. Nationality law, at the core of the case law, is revealed as a fiction that creates privilege at the same time as it obscures the discriminatory basis of this privilege under the guise of operating a neutral categorisation of human beings. The article notes in conclusion the continuing grip of the nation State in the global age and deplores the legitimation, at the highest judicial level, of exclusion on the basis of unquestioned national privilege.
Codes of Conduct for the Judiciary in Civil Law Countries: The Dutch Example
Authors: Brenninkmeijer Alex F.M.
Published: April 2017

Is a code of conduct for the judiciary necessary for safeguarding the reliability of courts? In the civil law tradition codes of conduct are not widespread. Some international initiatives follow the example of countries like the United States and Canada in drafting codes of conduct. Can a code make a contribution to the professionalism of courts? Is it necessary to translate legal safeguards for fair trial into a code? On basis of the Dutch experience and the case law of the Court on Human Rights in Strasburg this article analyses the relation between legal fundaments of fair trial, such as independence and impartiality and the envisaged content of a code of conduct. For various reasons a code of conduct is useful. In a more individualistic society in which shared norms and values are less obvious, a code of conduct can provide such shared values for judges. Such a code can provide more transparency and can support discussions about the does and don'ts of judges.
Unmik and the Ombudsperson Institution in Kosovo: Human Rights Protection in a United Nations ‘Surrogate State’
Authors: Nilsson Jonas
Published: April 2017

This article examines the human rights record of the United Nations Mission in Kosovo (UNMIK) during its first years as the governing power in Kosovo. This is done mainly through the work of the Ombudsperson Institution in Kosovo, which was established to ensure the respect of human rights by the local as well as the international authorities in the province. UNMIK was established in 1999 within the UN framework for peacekeeping operations and its mandate included to govern Kosovo until the final status of the province would be determined by the international community. UNMIK therefore constitutes a unique example of an international administration which to a large extent is comparable to a State power. Central components of the mission are vast powers for UNMIK in all fields of society, legal immunity for the mission and its personnel and practically no possibilities for external or internal review of its policies and actions and it will be shown that these components are detrimental for the respect of human rights. It will be suggested that the poor human rights record of UNMIK, including the lack of means to deal with such violations, is in fact, to a large extent, a result of the structure and nature of the international administration.
Agrarian Reform as a Human Rights Issue in the Activities of United Nations Human Rights Bodies and Specialised Agencies
Authors: Coomans Fons
Published: April 2017

Agrarian reform is back on the political agenda. However, from a human rights perspective this notion is little developed. In international human rights law an individual right to land does not exist. The present article aims at establishing the link between human rights norms and agrarian reform issues, such as access to land as a productive resource. It argues that agrarian reform be characterised as a human rights obligation. The article also discusses whether, and if so in what way, UN human rights bodies and specialised agencies have dealt with agrarian reform as a human rights issue. It concludes that the UN Special Rapporteur on the Right to Food has contributed substantially to putting agrarian reform on the human rights agenda. However, the UN Committee on Economic, Social and Cultural Rights has failed to develop the notion agrarian reform in a progressive way. Modest and prudent efforts have been made by the FAO and IFAD to mainstream human rights in their policies and programmes on agrarian reform. Although the World Bank lacks an agrarian reform policy that is inspired by human rights, the Bank seems to be willing to give more attention to the social effects of land reform programmes on the living conditions of the rural poor.
Obligations of ‘International Assistance and Cooperation’ in an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
Authors: Sepúlveda Magdalena
Published: April 2017

Article 2(1) ICESCR imposes an obligation upon each of the more than 150 States parties to the Covenant to ‘take steps, individually and through international assistance and cooperation, especially economic and technical, to the maximum of its available resources, with the view to achieving progressively the full realisation of the rights..’ In the light of the debate for the adoption of an Optional Protocol to the ICESCR, to strengthen States' accountability for violations of economic, social and cultural rights, it is crucial to define the scope and content of this obligation and to examine how this obligation can be included in the protocol. In order to contribute to the debate, this article first explores the interpretation given to Article 2(1) by the Committee on Economic, Social and Cultural Rights. Following the Committee's work, the author distinguishes between the obligations of developed States and developing States regarding international assistance and cooperation. The article also takes into account the principles of non-discrimination, participation, transparency and accountability as developed by the Committee which should be applied in the implementation of obligations of international assistance and cooperation. Secondly, the article examines the inclusion of Article 2(1) ICESCR in an Optional Protocol to the ICESCR in light of the three specific supervisory mechanisms that have been discussed thus far, i.e. an inter-State complaint mechanism, a individual/group complaint procedure and an inquiry procedure. After examining how international cooperation obligations, referred to in Article 2(1), could be addressed by these procedures, the author concludes that it is feasible to include this obligation under an Optional protocol to the ICESCR.
NGO Influence on the Human Rights Performance of Companies
Authors: Sullivan Rory
Published: April 2017

This article describes the efforts of international human rights NGOs such as Amnesty International to influence the human rights performance of companies, through direct engagement with companies and through influencing the legal and normative framework within which companies operate. The article notes that, as yet, relatively few companies have made explicit human rights policy commitments, and most have done so in response to specific concerns about their operations or activities. In addition, despite legal accountability being a significant part of many NGO campaigning strategies over the past five years, there has been limited progress towards establishing such frameworks at either the national or international levels. The article concludes by noting that NGO activity has contributed to a significant change in the debate around the human rights responsibilities of companies, with the discussion having moved from the question of whether companies should have human rights responsibilities to the question of what exactly these responsibilities are and how are they to be implemented.
Access to Electricity as a Human Right
Authors: Tully Stephen
Published: April 2017

This article reviews existing and emergent international human rights law and general international law to identify an individual interest in accessing electricity. The analysis includes the reports of States parties submitted pursuant to several human rights instruments, the opinions of their monitoring Committees, the decisions of national courts and international tribunals, the views of several UN Special Rapporteurs, national legal frameworks and the energy programmes of several States. The emergence of a human right to access electricity under international law is corroborated by the requirements of international humanitarian law, policy trends within the sustainable development agenda and contemporary regulatory efforts to extend electricity services to vulnerable social groups. An authoritative judicial or intergovernmental pronouncement formally recognising this right as an independent one would be timely and appropriate. The paper concludes by suggesting the contours of the right to access electricity and outlining the possible roles and responsibilities of primary actors.
Towards Integration of United Nations Human Rights Treaty-Body Recommendations – The Rights-Based Approach Model
Authors: O'Flaherty Michael
Published: April 2017

In the Concluding Observations (COs) that the UN human rights treaty bodies issue following review of State party periodic reports, appear to make little or no reference to each other's findings concerning any one State. As a result, States must address multiple sets of recommendations, often concerning the same or closely related issues, and sometimes with different degrees of emphasis or even inconsistencies and contradictions. The practice has the effect of diminishing the impact of the work of the treaty bodies. It may also be perceived as inconsistent with the very nature of human rights as indivisible and inter-related. This article argues that the recommendation of all of the treaty bodies could, usefully, be integrated and that a model exist for this purpose: that of the “rights based approaches to development” (RBA). It examines the manner in which the application of RBA-related principles might render COs much more effective in promoting concrete human rights improvements at the country level. It also considers how the application of the model might also transform the process of the consideration of State reports.
A Woman's Right to Decide? The United Nations Human Rights Committee, Human Rights of Women, and Matters of Human Reproduction
Authors: van Leeuwen Fleur
Published: April 2017

Although the international human rights system of the United Nations builds on the idea of equality in dignity and human rights of all human beings, critique has been heard that the system is andocentric and mainly protects these rights for men. If this is true, it indicates that the system may not address concerns related to the process of human reproduction, concerns that highly influence the enjoyment of human rights by women. The Vienna Declaration and Programme of Action called upon the monitoring bodies of the international human rights treaties to include human rights of women in their deliberations and findings. This article explores whether the Human Rights Committee includes human rights related to reproductive concerns of women in its work. It argues that although the Human Rights Committee pays some attention to reproductive issues that affect women, it does not often acknowledge individual rights in this respect and as such does not fully promote and protect their dignity and human rights in this field.
The Development and Interpretation of International Human Rights and Humanitarian Law Rules and Principles through the Case-Law of the International Court of Justice
Authors: Zyberi Gentian
Published: April 2017

The contribution of the International Court of Justice (ICJ) to the interpretation and development of international human rights and humanitarian law rules and principles is a topic of growing interest and importance. Claims of breaches of norms of both these branches of law have been raised in a considerable number of cases brought before the ICJ in the last two decades. By clarifying the complementary application of international human rights and humanitarian law and by awarding natural and legal persons a right to reparations vis-à-vis the State the ICJ has rendered a valuable contribution to a better protection of individual rights under the general framework of international law. This contribution of the Court is illustrated by focusing mainly on the advisory opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, and the Armed Activities on the Territory of the Congo case. That not only for reasons of space constraints, but also because of the considerable leaps forward made through these cases.
Combining Ownership and Neutrality in the Prosecution of International Crimes: Theory and Reality of Mixed Tribunals
Authors: Nouwen Sarah M.H.
Published: April 2017

Mixed tribunals, a new type of courts prosecuting international crimes, have been welcomed with the assertion that they combine the neutrality of international courts and the ownership of domestic courts. Examining the current examples of mixed courts in Kosovo, East Timor, Sierra Leone, Cambodia and Bosnia and Herzegovina this article reveals, however, that it is problematic to ascribe this potential to mixed tribunals as a category. The category of mixed tribunals appears to be very heterogeneous in itself. The common defining and distinguishing feature, panels with national and international judges, can go some way towards providing both ownership and neutrality. However, other, not defining and even not common features of the courts, such as their establishment history, legal order, location and outreach programmes, appear to be as important. Consequently, if mixed tribunals are established with the expectation to combine neutrality and ownership, mixed panels as such do not suffice. From the moment of the establishment to the dissemination of the judgments, various other factors have to be taken into consideration for this expectation to be fulfilled.
The Children of Irregular Migrants: A Stateless Generation?
Authors: van Waas Laura
Published: April 2017

Irregular migration is on the rise. In countries around the world, the – increasingly permanent – presence of large numbers of unauthorised immigrants is putting pressure on immigration and citizenship policies as a balance is sought between inclusion and exclusion. Neither large-scale regularisation or naturalisation, nor deportation, offer an appropriate solution for much of this group, so they remain – irregularly and indefinitely. Meanwhile, life goes on and families expand. Yet the arrival of a new generation, born to irregular migrants on the territory of the host State, is often overlooked by official government records. Unable to access birth registration for a number of reasons, these children miss out on that crucial evidence of their relationship with their parents and the State. Without proof of these ties, the child will have difficulty claiming the nationality to which he is entitled. This article explores how the vulnerability of irregular migrants' children to a lack of birth registration could herald the arrival of a whole generation of stateless children.
Women and Religious Freedom: A Legal Solution to a Human Rights Conflict?
Authors: Scolnicov Anat
Published: April 2017

The right to equality and the right to individual religious freedom of women stand in conflict with community religious freedom. The determination that group religious freedom cannot override women's individual rights should be upheld, but attention must be given to the complex problems this determination creates: once a State acknowledges a right to religious freedom of communities and relegates legal powers to them, it is in practice more difficult for the State to implement rights of equality for women. A clear, albeit far-reaching, consequence of recognising the individual rights of women to equality and to freedom of religion and belief over any communal right of religious freedom is that religious institutions should not be able to curtail these rights of women even in their internal organisation. Finally, the compatibility of institutional participation of religion in the law-making process that determines the rights of women, both at the national and international level, with religious freedom is questioned.
Social Justice: The Link between Trade Liberalisation and Sub-Saharan Africa's Potential to Achieve the United Nations Millennium Development Goals by 2015
Authors: Chigara Ben
Published: April 2017

The possible impact of the unintended worst possible effects of the current multilateral WTO sponsored trade liberalisation project on Sub-Saharan Africa's potential to realise the Millennium Development Goals (MDGs) by the target date of 2015 is examined. The article shows that the WTO's current approach to trade liberalisation is nurturing and strengthening economic inequalities between and within economic regions of the world and also between and within States themselves without taking any steps to mitigate this difficulty. The article recommends the integration of ILO and WTO dynamics to ensure human development oriented wealth maximisation under the WTO trade liberalisation regime. In this sense the ILO would become the broker and insurer of equality in the dignity of labour between Sub-Saharan African workers and other workers of the world, increasing thereby the chances for Sub-Saharan African States to achieve the MDGs by the target date of 2015.