bluuebunny/crossref_metadata_2025_split huggingface dataset:
Inter-State Arbitration in Historical Perspective
Authors: Keller Alexis 
Published: October 2020

Abstract
This chapter identifies the principal moments when the definition of arbitration and the institutions and techniques associated with it underwent major changes. It specifically highlights inter-state arbitration, yet its proposed historical lessons illuminates the entire field of international dispute settlement. This history can be divided into five distinct moments. The first, which could be described as the ‘Greek moment’, refers to the systematic use of arbitration by Greek cities to resolve their conflicts. The second, covering the period between 1200 and 1400 ad, witnessed the emergence of the first arbitration procedures under the influence of canonical law and acknowledged the growing power of the popes in the settlement of disputes between states. The third, marked by the Jay Treaty of 1794, initiated a major turning point in the history of arbitration, as it confirmed the role of diplomatic commissions in the peaceful resolution of disputes. The fourth moment, which began with the Alabama case (1871), saw the establishment of the first impartial and independent tribunal. Finally, the fifth moment began with the setting up of the Permanent Arbitration Court in 1899 and the harmonization of arbitration procedures.
Arbitration from a Law & Economics Perspective
Authors: van Aaken Anne , Broude Tomer 
Published: October 2020

Abstract
This chapter offers a Law & Economics (L&E) perspective on international arbitration. L&E scholars tend to view dispute resolution as a market. They thus look at the supply and demand of such third-party adjudication, usually comparing litigation to arbitration. Predominantly, in the literature, there are two interrelated L&E perspectives on this: one is focused on the general welfare consequences of arbitration; the other is focused on why disputants choose one kind of third-party settlement over another. There are many ways of resolving disputes between contractual parties: arbitration is also in competition with mediation, conciliation, litigation, and other forms of resolving disputes, including so-called ‘extra-legal’, socially normative ones. Most literature has focused either on the choice between litigation and arbitration or on the influence of arbitration on negotiation and settlement between the parties. The chapter then addresses other disputant choices relating to third-party funding and arbitrator appointment. It also looks at the incentives and behaviour of arbitrators, including their cognitive abilities.
Arbitration and Literature
Authors: Ost François 
Published: October 2020

Abstract
This chapter discusses the representation of arbitration in literature. Arbitration seems to receive little attention in literary works, as opposed to justice and the judge, which form the heart of the ‘law and literature’ movement. This disparity is likely due to the collective fascination with the judge as the embodiment of justice. The air of mystery that often surrounds arbitration can also be explained by the difference between the way in which it is presented in fictional texts and in modern law. Literature does not usually apprehend arbitration in the strict understanding of a private judge chosen by the parties, who adjudicates on a dispute by rendering a final and binding award which he cannot enforce without the assistance of state courts. Yet literature’s approximations in the treatment of arbitration are precisely what makes them interesting, in that they shed a welcome light on a justice that is both broader and more perennial than the justice that is rendered within the strict boundaries of the traditional court system. Works of literary fiction also provide many valuable stories about the value and reach of decisions rendered by arbitrators.
Introduction
Authors: Vrdoljak Ana Filipa , Francioni Francesco 
Published: October 2020

Abstract
This chapter provides an introductory overview to the Handbook. It outlines the definition of cultural heritage as covered by the key international instruments covering movable and immovable, tangible and intangible heritage. It outlines the role of key stakeholders including States, the international community, individuals, groups and communities (including Indigenous peoples), and experts and non-governmental organizations. Finally, the structure of the Handbook is explained. It outlines that there are special rules covering cultural heritage in most specialist areas of international law. It signposts how practice relating to cultural heritage is influencing the development of the rules of general public international law. Likewise, it notes that cultural heritage is influencing disputes resolution processes, integral to the interpretation and implementation of these rules. Finally, the role of regional practice in Africa, Asia, Oceania, the Americas, Europe, the Middle East, and North Africa is flagged.
Intellectual Cooperation Organisation, Unesco, And The Culture Conventions
Authors: Vrdoljak Ana Filipa , Meskell Lynn 
Published: October 2020

Abstract
This chapter provides an overview of multilateral interventions in the field of cultural heritage and its legal protection over the last century by focusing on the work of specialist cultural international organizations that have spearheaded the adoption and implementation of the leading treaties. The first part examines the early work of the League of Nations’ Intellectual Cooperation Organisation from the 1920s to the Second World War. The second part considers the work of its successor, UNESCO from the mid-twentieth century to the present day. The concluding observations consider the challenges which both organizations faced in realizing their mission in the cultural field. A deeper understanding of the ideals, challenges, and tensions which have marked the internal workings of UNESCO, its forerunner, and their Members States is fundamental to appreciating the instruments and initiatives in the cultural field that they adopted and seek to implement.
The Responsibilities to Protect Cultural Heritage and Prevent Cultural Genocide
Authors: Nafziger James A. R. 
Published: October 2020

Abstract
This chapter assesses the concept of a State’s limited responsibility to protect persons against atrocities (R2P). Though still quite new, R2P is already respected and modestly operational as a political principle or, arguably, as soft law. It is importantly related to the international crime of genocide, as acknowledged, for example, by the title and mission of the United Nations Office on Genocide Prevention and the Responsibility to Protect. The chapter then looks at the applicability of R2P to cultural heritage, introducing the concepts of cultural genocide and cultural cleansing against a background of armed conflict. With reference to R2P, the intentional mass destruction of cultural material already has been accepted under international law as evidence of atrocity crimes against persons. Somewhat paradoxically, however, although cultural genocide has become prominent in international discourse as a threat to fundamental human rights and global order, it lacks a secure foundation in international law.
Cultural Heritage, Transitional Justice, and Rule of Law
Authors: Vrdoljak Ana Filipa 
Published: October 2020

Abstract
This chapter examines the interrelationship between cultural heritage and efforts to secure and sustain peace. It gives an overview of the new international order the post–World War I and II peace settlements sought to create and the role of specialist culture bodies within intergovernmental frameworks in promoting the role of culture and cultural heritage in peace efforts. The role of culture rights and cultural heritage is considered within the transitional justice framework enunciated by the UN covering the rights to justice and accountability, truth, remedy and reparation, and guarantees of non-recurrence. Illustrations are drawn from the burgeoning jurisprudence of regional human rights courts and international criminal courts and State practice arising from the proliferation of peace processes since 1989. Finally, it considers the preventative role of cultural heritage and cultural rights in sustaining peace beyond the post-conflict context and UN/UNESCO efforts to promote a culture of sustainable peace.
Theft and Illegal Excavation
Authors: Gerstenblith Patty 
Published: October 2020

Abstract
This chapter describes the detrimental effects of the international market in antiquities on the preservation of knowledge about the past. It examines the domestic laws adopted by States to control the retrieval of archaeological objects and to determine the ownership of such objects. Recognition of State ownership laws, which vest ownership of undiscovered antiquities in the State, is a crucial element for discouraging the looting of archaeological artefacts. The chapter then examines the international legal response, in particular the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, followed by the 1995 UNIDROIT Convention on Stolen and Illegally Exported Cultural Objects. Finally, the United Nations Security Council has adopted sui generis resolutions to prevent trafficking of archaeological objects from Iraq and Syria and, in its most recent Resolution, trafficking in its broader context.
Landscape as Cultural Heritage
Authors: Strecker Amy 
Published: October 2020

Abstract
This chapter examines the protection of landscape in international cultural heritage law. Since the inclusion of ‘cultural landscapes’ within the scope of the UNESCO World Heritage Convention in 1992, landscape has gained increasing importance at the international level. However, given the focus of the World Heritage Convention on landscapes of ‘outstanding universal value’, it was not until the adoption of the European Landscape Convention (ELC) in 2000 that landscape became democratized. The ELC conceives of landscape above all as a people’s landscape and, accordingly, provides for the active participation of the public in the formulation of plans and polices. It focuses not only on outstanding places but also on the everyday and degraded landscapes where most people live and work. This ostensibly brings ‘landscape’ back to its early etymological origins—when it corresponded to a close-up, lived-in perspective—and has a number of implications for human rights and democracy.
Underwater Cultural Heritage
Authors: O’Keefe Patrick J. 
Published: October 2020

Abstract
This chapter focuses on underwater cultural heritage. This form of heritage is important because it constitutes what has been called a ‘time capsule’—meaning everything on a site may well be as it was when it disappeared beneath the water’s surface. It may be the wreck of a ship, the remains of a town, or a prehistoric settlement where land has subsided. There is general agreement that what remains is important to humanity. As such, protection and preservation of the underwater cultural heritage is a significant objective of the international legal system. The UNESCO Convention of 2001 is illustrative of this. However, the Convention exists within the international political and legal framework. In negotiating it, States were constrained by what they felt this framework required. Many were prepared to be generous in how they interpreted those requirements—others not so. The result is a complex agreement requiring care in implementation.
Cultural Heritage and Women
Authors: Powderly Joseph , Braga da Silva Rafael 
Published: October 2020

Abstract
The women’s rights movement has secured important reforms aimed at realizing the promise of genuine equality and the universality of fundamental human rights norms. Giving substantive voice to the cultural rights of women has been an important feature of the discourse and has led to significant advances in recognizing the intersectionality of the forms of oppression experienced by women, the centrality of women’s agency in exercising their cultural rights, and the dangers of essentialized conceptions of the lived experiences of women. The chapter explores the extent to which gender issues are reflected in international cultural heritage instruments as well as in the practices and policy initiatives of UNESCO. It suggests that the advances made in the realization of women’s cultural rights have not yet been fully translated in the context of international cultural heritage law and practice.
Custom and General Principles of International Cultural Heritage Law
Authors: Francioni Francesco 
Published: October 2020

Abstract
This chapter assesses whether contemporary international law prescribes obligations in the field of cultural heritage protection, which are binding upon States and other relevant international actors independently of or even against their consent. This question is relevant for a number of reasons. First, in spite of the widespread acceptance of treaty obligations in the various fields of cultural heritage protection, many States remain outside of the treaty regimes. Second, even for the States bound by treaties in force, their obligations have no retroactive effect, therefore leaving situations or disputes arising before the entry into force of relevant treaties outside their scope of application. Third, recognition of the character of custom or general principles to certain norms of international law may guarantee a superior ranking in the domestic law hierarchy of sources of the law.
International Dispute Resolution Mechanisms
Authors: Renold Marc-André 
Published: October 2020

Abstract
This chapter studies dispute resolution mechanisms and their efficacy for resolving international disputes involving cultural heritage items. Many controversies concern the restitution of movable cultural objects lost during war, occupation, or colonization or following theft or illicit trade in peacetime. With artworks often found outside their country of origin, these cases are cross-border, involving more than one legal system and/or entities established or residing in different jurisdictions. Moreover, international disputes have arisen regarding immovable cultural heritage and its protection, not only in warlike situations and intentional attacks but also in non-violent processes such as realization of development projects. Various cases also concern management and access to built heritage. By consequence, international cultural heritage disputes can be settled through non-judicial procedures—negotiation, mediation, conciliation, or arbitration—commonly referred to as ‘Alternative Dispute Resolution’ (ADR) means; or, if these fail or are not available, through litigation before domestic courts or international tribunals.
The Participation of Non-State Actors in the Implementation of Cultural Heritage Law
Authors: Hausler Kristin 
Published: October 2020

Abstract
This chapter assesses the treaty provisions allowing non-State actors to exercise their right to access and enjoy cultural heritage and also those which provide them with a seat at the cultural heritage governance table. Following developments in international human rights law, in particular with regard to Indigenous peoples, cultural heritage treaties have eventually recognised the participation of communities and groups in the management of cultural heritage. While a fully effective and inclusive participation and cooperation is far from being achieved, this chapter acknowledges the steps moving away from a strictly top-down approach within cultural heritage governance.
North American Cultural Heritage Law
Authors: Fincham Derek 
Published: October 2020

Abstract
This concluding chapter offers a comparative perspective on the key components of contemporary cultural heritage law in North America. The region’s collective tangible and intangible cultural heritage has an array of legal and policy tools to safeguard it for future generations, though coordination between the three nations involved would benefit from increased cohesiveness. The primary legal mechanisms to prevent illicit movement are restrictions on removing archaeological materials; declarations of ownership for some or all of this material; export restrictions; and the ultimate enforcement of these protections both domestically and abroad. All three countries in North America have made this body of law a priority. The chapter then looks at the law enforcement efforts, international outreach, and treatment of specific objects of cultural heritage in Mexico, Canada, and the USA. It also describes the relationship of these North American States with the World Heritage Convention and UNESCO’s Underwater Cultural Heritage Convention.
Quenched fractions in the IllustrisTNG simulations: the roles of AGN feedback, environment, and pre-processing
Authors: Donnari Martina , Pillepich Annalisa , Joshi Gandhali D , Nelson Dylan , Genel Shy , Marinacci Federico , Rodriguez-Gomez Vicente , Pakmor Rüdiger , Torrey Paul , Vogelsberger Mark , Hernquist Lars 
Published: October 2020

ABSTRACT
We use the IllustrisTNG hydrodynamical simulations to show how the fractions of quenched galaxies vary across different environments and cosmic time, and to quantify the role AGN feedback and pre-processing play in quenching group and cluster satellites. At z = 0, we select galaxies with Mstars = 109−12 M⊙ residing within (≤R200c) massive groups and clusters of total host mass M200c = 1013−15.2 M⊙ in TNG100 and TNG300. The model predicts a quenched fraction of ∼70–90 per cent (on average) for centrals and satellites of mass ≳ 1010.5 M⊙, regardless of host mass, cosmic time (0 ≤ z ≤ 0.5), cluster-centric distance, and time since infall in the z = 0 host. Low-mass central galaxies (≲ 1010 M⊙), on the other hand, are rarely quenched unless they become members of groups (1013–14 M⊙) or clusters (≥1014 M⊙), where the quenched fraction rises to ∼ 80 per cent. Typically, the fraction of low-mass passive galaxies is higher closer to the host centre and for progressively more massive hosts. The population of low-mass satellites accreted more than ∼ 4–6 Gyr ago in massive hosts is almost entirely passive, thus suggesting an upper limit for the time needed for environmental quenching to occur. In fact, about 30 per cent of group and cluster satellites that are quenched at z = 0 were already quenched before falling into their current host, and the bulk of them quenched as early as 4–10 billion years ago. For low-mass galaxies (Mstars ≲ 1010–10.5 M⊙), this is due to pre-processing, whereby current satellites may have been members of other hosts, and hence have undergone environmental processes, before falling into their final host, this mechanism being more common and more effective for the purposes of quenching for satellites found today in more massive hosts. On the other hand, massive galaxies quench on their own and because of AGN feedback, regardless of whether they are centrals or satellites.
Predicting accreted satellite galaxy masses and accretion redshifts based on globular cluster orbits in the E-MOSAICS simulations
Authors: Pfeffer Joel L , Trujillo-Gomez Sebastian , Kruijssen J M D , Crain Robert A , Hughes Meghan E , Reina-Campos Marta , Bastian Nate 
Published: October 2020

ABSTRACT
The ages and metallicities of globular clusters (GCs) are known to be powerful tracers of the properties of their progenitor galaxies, enabling their use in determining the merger histories of galaxies. However, while useful in separating GCs into individual accretion events, the orbits of GC groups themselves have received less attention as probes of their progenitor galaxy properties. In this work, we use simulations of galaxies and their GC systems from the MOdelling Star cluster population Assembly In Cosmological Simulations within EAGLE project to explore how the present-day orbital properties of GCs are related to the properties of their progenitor galaxies. We find that the orbits of GCs deposited by accretion events are sensitive to the mass and merger redshift of the satellite galaxy. Earlier mergers and larger galaxy masses deposit GCs at smaller median apocentres and lower total orbital energy. The orbital properties of accreted groups of GCs can therefore be used to infer the properties of their progenitor galaxy, though there exists a degeneracy between galaxy mass and accretion time. Combining GC orbits with other tracers (GC ages, metallicities) will help to break the galaxy mass/accretion time degeneracy, enabling stronger constraints on the properties of their progenitor galaxy. In situ GCs generally orbit at lower energies (small apocentres) than accreted GCs, however they exhibit a large tail to high energies and even retrograde orbits (relative to the present-day disc), showing significant overlap with accreted GCs. Applying the results to Milky Way GCs groups suggests a merger redshift z ∼ 1.5 for the Gaia Sausage/Enceladus and z &gt; 2 for the ‘low-energy’/Kraken group, adding further evidence that the Milky Way had two significant mergers in its past.
Database resources of the National Center for Biotechnology Information
Authors: Sayers Eric W , Beck Jeffrey , Bolton Evan E , Bourexis Devon , Brister James R , Canese Kathi , Comeau Donald C , Funk Kathryn , Kim Sunghwan , Klimke William , Marchler-Bauer Aron , Landrum Melissa , Lathrop Stacy , Lu Zhiyong , Madden Thomas L , O’Leary Nuala , Phan Lon , Rangwala Sanjida H , Schneider Valerie A , Skripchenko Yuri , Wang Jiyao , Ye Jian , Trawick Barton W , Pruitt Kim D , Sherry Stephen T 
Published: October 2020

Abstract
The National Center for Biotechnology Information (NCBI) provides a large suite of online resources for biological information and data, including the GenBank® nucleic acid sequence database and the PubMed® database of citations and abstracts published in life science journals. The Entrez system provides search and retrieval operations for most of these data from 34 distinct databases. The E-utilities serve as the programming interface for the Entrez system. Custom implementations of the BLAST program provide sequence-based searching of many specialized datasets. New resources released in the past year include a new PubMed interface and NCBI datasets. Additional resources that were updated in the past year include PMC, Bookshelf, Genome Data Viewer, SRA, ClinVar, dbSNP, dbVar, Pathogen Detection, BLAST, Primer-BLAST, IgBLAST, iCn3D and PubChem. All of these resources can be accessed through the NCBI home page at https://www.ncbi.nlm.nih.gov.
G-quadruplex–R-loop interactions and the mechanism of anticancer G-quadruplex binders
Authors: Miglietta Giulia , Russo Marco , Capranico Giovanni 
Published: October 2020

AbstractGenomic DNA and cellular RNAs can form a variety of non-B secondary structures, including G-quadruplex (G4) and R-loops. G4s are constituted by stacked guanine tetrads held together by Hoogsteen hydrogen bonds and can form at key regulatory sites of eukaryote genomes and transcripts, including gene promoters, untranslated exon regions and telomeres. R-loops are 3-stranded structures wherein the two strands of a DNA duplex are melted and one of them is annealed to an RNA. Specific G4 binders are intensively investigated to discover new effective anticancer drugs based on a common rationale, i.e.: the selective inhibition of oncogene expression or specific impairment of telomere maintenance. However, despite the high number of known G4 binders, such a selective molecular activity has not been fully established and several published data point to a different mode of action. We will review published data that address the close structural interplay between G4s and R-loops in vitro and in vivo, and how these interactions can have functional consequences in relation to G4 binder activity. We propose that R-loops can play a previously-underestimated role in G4 binder action, in relation to DNA damage induction, telomere maintenance, genome and epigenome instability and alterations of gene expression programs.