bluuebunny/crossref_metadata_2025_split huggingface dataset:
Braided Free Orthogonal Quantum Groups
Authors: Meyer Ralf , Roy Sutanu 
Published: December 2020

Abstract
We construct some braided quantum groups over the circle group. These are analogous to the free orthogonal quantum groups. They generalise the braided quantum SU(2) groups for a complex deformation parameter. We describe their irreducible representations and fusion rules and study when they are monoidally equivalent. A key tool here is to describe the bosonisation of our braided compact quantum groups through ordinary free orthogonal quantum groups.
Searching Refuge in Thailand or Brazil: Long-Distance Refugees and the Emergence of Global Asylum Hubs in Middle-Income Countries
Authors: Batréau Quentin , Tuitjer Leonie 
Published: December 2020

AbstractUsing UNHCR data, this article documents the diversification of asylum routes over the 1987–2017 period and its effects on the diversity of refugee populations in receiving countries. We coin a specific terminology, ‘local’, ‘regional’, and ‘global asylum hubs’ to characterize countries as being embedded in local, regional, or global refugee mobility networks. We show that only high-income countries were global asylum hubs up until the 1990s, but that a trend towards the diversification of asylum routes has created a number of global asylum hubs in middle-income countries since. These findings undermine the commonly held assumption that the reception of highly diverse refugee populations is a characteristic unique to high-income countries. We present two cases studies, from Thailand and from Brazil, to illustrate the radical diversity of refugee management models adopted by middle-income countries, which have become global refugee hubs, a situation that contrasts with the relative uniformity found in high-income countries.
The Regulatory and Institutional Framework of EU Cartel Law
Authors: Argenton Cédric , Geradin Damien , Stephan Andreas 
Published: December 2020

Abstract
This chapter deals with the institutional and regulatory framework that applies to cartels in the European Union (EU), going over both the substantive and procedural rules. The key legal basis for the prosecution of cartels resides under Article 101(1) of the Treaty on the Functioning of the European Union (TFEU), as interpreted by the case law of the EU courts. Article 101 TFEU is a three-pronged provision. First, the chapter shows how Article 101(1) TFEU establishes a prohibition rule providing that any agreement between undertakings which may affect trade between Member States and which restricts competition is to be deemed incompatible with the internal market. Next, the chapter takes a look at how Article 101(2) TFEU declares that agreements deemed incompatible pursuant to Article 101(1) TFEU are null and void. The ways in which Article 101(3) TFEU embodies an exception to the default prohibition rule, which defuses the application of Article 101(1) for agreements that bring a positive net contribution to consumer welfare, is also discussed.
Courts, Foreign Affairs, and the Structural
Constitution
Authors: Bradley Curtis A 
Published: December 2020

Abstract
This chapter provides an overview of some of the constitutional, statutory, and common law doctrines that govern the adjudication of foreign affairs-related disputes in the United States. These doctrines include jurisdictional requirements, “justiciability” limitations such as the political question doctrine, the Erie doctrine concerning federal court application of state law, and the common law “act of state” doctrine. The chapter also discusses more general interpretive principles such as the Charming Betsy canon of construction and deference to the executive branch. The chapter concludes by describing the constitutional authority of U.S. government institutions other than the courts, including the situations in which state law that concerns foreign affairs will be preempted.
Treaties
Authors: Bradley Curtis A 
Published: December 2020

Abstract
This chapter considers the status of treaties within the U.S. legal system. The focus is on international agreements concluded through the senatorial advice-and-consent process specified in Article II of the Constitution. The chapter describes that process, including the Senate’s ability to condition its consent through reservations and other qualifications. It also discusses the role of treaties as supreme law of the land, including the situations in which treaties will be considered “self-executing” and “non–self-executing,” as well as the later-in-time relationship of treaties to federal statutes. The chapter also discusses the relationship of treaties to constitutional limitations concerning the separation of powers and federalism, including the implications of the Supreme Court’s 1920 decision in Missouri v. Holland. The chapter concludes with a consideration of the president’s constitutional authority to withdraw the United States from treaties.
Executive Agreements and Political Commitments
Authors: Bradley Curtis A 
Published: December 2020

Abstract
This chapter considers the status in the U.S. legal system of “executive agreements”—that is, international agreements concluded by the United States outside of the senatorial advice-and-consent process specified in Article II of the Constitution. After describing the substantial growth during the twentieth century in the number of executive agreements, the chapter discusses the different types of these agreements: executive agreements concluded pursuant to authorization in a prior treaty; ex ante congressional–executive agreements concluded with prior authorization from Congress; ex post congressional–executive agreements concluded with congressional approval after they are negotiated; and sole executive agreements concluded by the president. The chapter also discusses the extent to which executive agreements are interchangeable with Article II treaties for purposes of domestic law, with respect to the preemption of state law, displacement of federal statutes, and federalism limitations. The chapter concludes with a discussion of the growing phenomenon of non-binding political commitments.
Decisions and Orders of International Institutions
Authors: Bradley Curtis A 
Published: December 2020

Abstract
This chapter considers the status in the U.S. legal system of decisions and orders of international institutions to which the United States is a party. It begins with a description of various constitutional doctrines and principles that are potentially implicated by delegations of authority to international institutions, as well as general concerns that have been raised about such delegations relating to democratic accountability. The chapter also recounts the long history of U.S. engagement with international arbitration and the constitutional debates that this engagement has sometimes triggered. Extensive consideration is given to litigation concerning the consular notice provisions in the Vienna Convention on Consular Relations, including efforts by criminal defendants to enforce decisions by the International Court of Justice (ICJ) interpreting these provisions. The U.S. relationship with other international institutions, such as the World Trade Organization and the International Criminal Court, are also considered. The chapter concludes by discussing the extent to which constitutional concerns relating to international delegations can be adequately addressed by presuming that the orders and decisions of international institutions are non–self-executing in the U.S. legal system.
Customary International Law
Authors: Bradley Curtis A 
Published: December 2020

Abstract
This chapter considers the status in the U.S. legal system of customary international law, which was historically referred to as part of the “law of nations.” After considering what the text of the Constitution suggests about this issue, the chapter discusses how courts historically applied customary international law in cases in which it was relevant and how courts referred to it (in cases such as The Paquete Habana) as “part of our law.” The chapter also recounts the modern debates and uncertainties about the current domestic legal status of customary international law. In particular, the chapter explores the possibility that customary international law might have the status of post-Erie “federal common law” and what such a status might mean for questions of jurisdiction, preemption of state law, and limitations on congressional and executive authority. It also discusses various ways in which customary international law can be important in the U.S. legal system even if it is not applied directly by the courts, such as through the Charming Betsy canon of construction. The chapter concludes by discussing controversies concerning the Supreme Court’s consideration of foreign and international law materials when interpreting the U.S. Constitution.
Extraterritorial Application of U.S. Law
Authors: Bradley Curtis A 
Published: December 2020

Abstract
This chapter considers the application of federal and state law to conduct that takes place outside the territory of the United States. It begins by discussing the territorial scope of U.S. constitutional rights. Special consideration is given to the extraterritorial application of the right of habeas corpus in light of the Supreme Court’s 2008 decision in Boumediene v. Bush, concerning the habeas corpus rights of detainees at the Guantanamo Bay naval base in Cuba. The chapter then discusses the “presumption against extraterritoriality” that the Supreme Court applies when interpreting federal statutes. For situations in which the presumption is overcome or is inapplicable, the chapter explains how customary international law principles relating to prescriptive jurisdiction can be relevant in U.S. litigation through application of the Charming Betsy canon of construction. In addition, the chapter discusses the role of “universal jurisdiction” in U.S. litigation and criminal prosecution. Possible constitutional limitations on the extraterritorial application of both federal statutes and state laws, based on due process and other considerations, are also considered.
War Powers
and the War on Terrorism
Authors: Bradley Curtis A 
Published: December 2020

Abstract
This chapter considers the relevance of international law within the U.S. legal system to the United States’ initiation and conduct of war, and it also discusses a variety of international law-related issues that have arisen in connection with the “war on terrorism” following the attacks of September 11, 2001. After briefly reviewing some of the most relevant treaties relating to war and warfare, the chapter considers the Constitution’s distribution of war authority between Congress and the president, as well as the contours of the 1973 War Powers Resolution. It then discusses how international law, including the provisions in the UN Charter relating to the authority of the Security Council, as well as collective self-defense treaties, might affect the president’s war authority. The chapter also discusses legal issues relating to the placement of U.S. troops under foreign or UN command. The chapter then shifts to the “war on terrorism,” and discusses the relevance of international law, including the Geneva Conventions, to issues concerning the scope of the military’s detention authority in that conflict. International law and other issues relating to the use of military commissions to try terrorist suspects are also considered. The chapter concludes by discussing legal debates relating to coercive interrogation and targeted killing.
The Crime of Aggression
Authors: Werle Gerhard , Jeßberger Florian 
Published: December 2020

Abstract
This chapter examines the crime of aggression. It first takes a look at the prohibition of aggression under international law, particularly as to its developments prior to World War II and the current status of the prohibition. The chapter then explores criminal responsibility under customary international law. It seeks to determine first of all whether violations of the prohibition of aggression lead to direct criminal liability under customary international law, and to which violations this applies. A zone of criminal responsibility does exist, but is plainly narrower than the scope of what is forbidden by international law. Only aggressive war, as a particularly grave and obvious form of aggression, is criminalised under customary international law. To conclude, the chapter discusses the crime of aggression within the context of the ICC Statute.
Legal Reasoning Across Commercial Disputes
Authors: Strong SI 
Published: December 2020

Abstract
This book offers a novel, multi-pronged empirical analysis of legal reasoning in commercial disputes, comparing data across three different axes: the judicial–arbitral divide, the domestic–international divide, and the common law–civil law divide. In so doing, this text provides important insights into how judges and arbitrators resolve complex commercial disputes in both national and international settings and conducts important comparisons between different procedures. The study includes three different empirical methodologies: a large-scale international survey, a series of semi-structured interviews, and a detailed quantitative (coding) exercise. Results from the three research strands are cross-verified through various triangulation techniques and tested against conventional wisdom regarding legal reasoning. This work will help judges, arbitrators, practitioners, clients, and scholars understand how legal reasoning is conducted in different settings, thereby improving the practical and understanding of how commercial disputes are resolved.
Quantitative Analysis of Reasoned Decisions and Awards
Authors: Strong SI 
Published: December 2020

Abstract
This chapter involves a large-scale, quantitative analysis of judicial decisions and arbitral awards. The chapter begins by describing the methodology used to create the data set and coding criteria before moving on to present demographic and background information on the various decisions and awards so as to lay a foundation for the substantive analysis. Findings from the coding exercise include information generated by a novel paragraph-counting technique as well as a citation count analysis of both legal and factual authorities. The exercise tracks a number of issues addressed in the survey and semi-structured interviews, thereby allowing triangulation of data.
Introduction
Authors: Butler William E 
Published: December 2020

Abstract
This introductory chapter briefly reflects on the history of the law of making treaties in Russia. Treaties constitute the earliest surviving documents by at least a century and perhaps more in not only the legal history, but the general history, of the Russian people. The chapter discusses multiple issues which were embedded in the treaties of the ninth and tenth centuries, such as the form and legal nature of the document, ratification procedures, and so on. It considers how these issues interact with the existence of an international legal system as well as a domestic one. The chapter also looks at Russia's especially post-Soviet Russia's-responses to these issues and expounds on the importance of addressing them.
Constitutional Legislative History and Treaties in the Russian Legal System
Authors: Butler William E 
Published: December 2020

Abstract
This chapter traces the international treaty within Russian constitutional history. It shows how the Soviet and post-Soviet formulations on treaties influenced the drafters of the 1993 Russian Federation Constitution. These drafters had reacted, favourably or unfavourably, in the myriad of draft constitutions which circulated in Russia from 1990 to the final version of 12 December 1993. The chapter considers several of these chronologically, with commentary on their respective sources and approach to drafting. It primarily concentrates on whether only ratified treaties should enjoy priority (if at all) and whether generally-recognized principles and norms of international law and international treaties of Russia are part of Russian law or part of the Russian legal system (if at all).
The Energy Charter Treaty
Authors: Hobér Kaj 
Published: December 2020

Abstract
The Energy Charter Treaty (ECT) is unique under international law, providing a multilateral framework for energy cooperation through the operation of more open and competitive energy markets, while respecting the principles of sustainable development and sovereignty over energy resources. With 29 arbitrations currently under its provisions, a growing number of investors are resorting to the protection of the ECT. This book is an in-depth, article-by-article commentary on all aspects of the Treaty. It provides clear and comprehensive discussion of all provisions, analysing them against the background of other relevant writings such as case law and academic papers. The book considers relevant arbitral awards and also offers coverage and analysis of the history and background, as well as discussion, of its relationships with other treaties. As energy investors and the legal community become more aware of the Treaty, the number of disputes relating to it is rapidly increasing, and the book considers the growing volume of case law concerning the interpretation or application of the provisions of the treaty.
Introduction
Authors: Hobér Kaj 
Published: December 2020

Abstract
This introductory chapter provides a background of the Energy Charter Treaty, which entered into force on April 16, 1998. The ECT is a unique international instrument which covers the promotion and protection of investments, trade in energy, transit in the energy sector, environmental aspects, as well as the settlement of disputes under the Treaty. It was negotiated and drafted under considerable time pressure by a large number of States and what is now the European Union. Nevertheless, the ECT was not negotiated and drafted in a legal vacuum. Other relevant international instruments were there for the negotiators to take account of and to be guided by as they deemed appropriate. As far as investment protection is concerned, there were in place several thousands of bilateral investment protection treaties (BITs) providing for the protection of foreign investment in a manner very similar to the corresponding provisions which eventually found their way into the ECT. With respect to international trade, the General Agreement on Tariffs and Trade (GATT) was in force when the ECT negotiations commenced. It was eventually replaced by the World Trade Organization (WTO) in 1995. The present legal commentary on the ECT will not discuss general aspects of these two fields—international investment law and international trade law—in detail. Rather, an attempt has been made to limit the discussion of such general aspects—and of arbitral awards relating thereto—which are relevant for the ECT-provisions in question.
The Energy Charter Treaty
Authors: Hobér Kaj 
Published: December 2020

Abstract
This chapter traces the negotiating history of the Energy Charter Treaty. The genesis of the Treaty goes back to a European Council meeting held in Dublin in June of 1990. At that meeting, the Dutch Prime Minister at that time, Mr. Ruud Lubbers, presented a proposal for the creation of a European Energy Community. During 1991, the text of the ECT was negotiated and drafted by the Conference on the European Energy Charter. The Charter recognized the need for a legally binding agreement for co-operation in the energy sector. Delegations from more than fifty States were involved in the negotiations, including the USA, Russia, and most members of the Organisation for Economic Co-operation and Development (OECD), including its non-European members—Australia, Canada, Japan, and New Zealand. The various drafts of the ECT are divided into three categories: Basic Protocols; Basic Agreements; and ECT Drafts. The first ECT draft was presented on March 15, 1993. It must be kept in mind, however, that the ECT was negotiated under time pressure, as a consequence of which the language is sometimes ambiguous and unclear, bearing the hallmarks of the ambition to create a comprehensive treaty covering the entire energy sector to be agreed by a large number of participants.
Part III: Investment Promotion and Protection
Authors: Hobér Kaj 
Published: December 2020

Abstract
This chapter explores Part III of the Energy Charter Treaty, which sets forth the provisions on substantive protection of investments. Promotion and protection of investments are different things. Promotion of investment is concerned with attracting and permitting foreign investments. Protection of investment deals with the way in which investments must be treated, once they have been made. As a matter of policy, however, promotion and protection of investments are closely linked. That explains why the two concepts are addressed in one and the same article of the ECT: Article 10, which is entitled ‘Promotion, Protection and Treatment of Investments’. The chapter then describes the concept of fair and equitable treatment (FET). Article 11 of the ECT obliges Contracting Parties to treat key personnel of Investors in a fair way. Article 12 deals with loss of and damage to the property of Investors in situations where Article 13, concerning expropriation, is not applicable. Article 14 in essence creates a right for Investors to repatriate capital and earnings in a prompt and effective way. Article 15, a so-called subrogation clause, provides for the transfer of rights that a foreign investor may have in relation to the host State, if it has received compensation from its home state under an investment insurance or guarantee. Meanwhile, Article 16 addresses the situation when the ECT overlaps with other treaties. Lastly, Article 17 restricts the benefits of Part III of the ECT to certain categories of legal entities or Investments of Investors.
Tissue sodium stores in peritoneal dialysis and hemodialysis patients determined by sodium-23 magnetic resonance imaging
Authors: Sahinoz Melis , Tintara Supisara , Deger Serpil Muge , Alsouqi Aseel , Crescenzi Rachelle L , Mambungu Cindy , Vincz Andrew , Mason Olivia J , Prigmore Heather L , Guide Andrew , Stewart Thomas G , Harrison David G , Luft Friedrich C , Titze Jens , Ikizler Talat Alp 
Published: December 2020

Abstract

Background
Tissue sodium (Na+) content in patients on maintenance hemodialysis (MHD) and peritoneal dialysis (PD) was previously explored using 23Na+ magnetic resonance imaging (23NaMRI). Larger studies would provide a better understanding of Na+ stores in patients on dialysis as well as the factors influencing this Na+ accumulation.

Methods
In this cross-sectional study, we quantified the calf muscle and skin Na+ content in 162 subjects (10 PD, 33 MHD patients and 119 controls) using 23NaMRI. Plasma levels of interleukin-6 (IL-6) and high-sensitivity C-reactive protein (hsCRP) were measured to assess systemic inflammation. Sixty-four subjects had repeat 23NaMRI scans that were analyzed to assess the repeatability of the 23NaMRI measurements.

Results
Patients on MHD and PD exhibited significantly higher muscle and skin Na+ accumulation compared with controls. African American patients on dialysis exhibited greater muscle and skin Na+ content compared with non–African Americans. Multivariable analysis showed that older age was associated with both higher muscle and skin Na+ and male sex was associated with increased skin Na+ deposition. Greater ultrafiltration was associated with lower skin Na+ in patients on PD (Spearman’s ρ = −0.68, P = 0.035). Higher plasma IL-6 and hsCRP levels correlated with increased muscle and skin Na+ content in the overall study population. Patients with higher baseline tissue Na+ content exhibited greater variability in tissue Na+ stores on repeat measurements.

Conclusions
Our findings highlight greater muscle and skin Na+ content in dialysis patients compared with controls without kidney disease. Tissue Na+ deposition and systemic inflammation seen in dialysis patients might influence one another bidirectionally.