bluuebunny/crossref_metadata_2025_split huggingface dataset:
Introduction
Authors: Rubins Noah D , Papanastasiou Thomas-Nektarios , Kinsella N Stephan 
Published: May 2020

Abstract
This introductory chapter provides an overview of the book’s main themes. It begins with a discussion of the concept of foreign direct investment (FDI). It then details the emergence of a New International Economic Order movement, in which a large number of States initiated a campaign against the prevailing norms of equal treatment for foreign investors, culminating in a U.N. resolution known as the Charter for Economic Rights and Duties of States. It also describes developing States’ changing attitudes toward FDI. Among the questions addressed by this are: What can an investor do to deter manifestations of political risk once the investment has been made? How can international law be brought to bear as protection against political risk? What remedies are available if political risk materializes to the investors’ detriment?
Investment Insurance
Authors: Rubins Noah D , Papanastasiou Thomas-Nektarios , Kinsella N Stephan 
Published: May 2020

Abstract
This chapter deals with the modalities of political risk insurance. Purchasing political risk insurance is one of the simplest and most direct steps that an investor can take to reduce exposure to political risk. Political risk insurance is similar in many respects to ordinary business risk insurance. It typically provides coverage against political risk such as currency inconvertibility, expropriation, and political violence. Such insurance is available from a number of sources, including State-sponsored insurance agencies such as United States’ Overseas Private Investment Corporation (OPIC), private insurers such as Lloyds of London, and the World Bank’s Multilateral Investment Guarantee Agency (MIGA). The chapter focuses on the MIGA and OPIC insurance schemes. It also discusses other national insurance programmes and private insurers that offer political risk insurance.
State Responsibility and Remedies Under Customary International Law
Authors: Rubins Noah D , Papanastasiou Thomas-Nektarios , Kinsella N Stephan 
Published: May 2020

Abstract
This chapter covers the general background international law pertaining to State responsibility, in particular State responsibility incurred in relation to foreign investment, as well as the general nature and types of remedies available to investors when a State expropriates an investor’s property or interferes with its investment. The chapter first provides a short overview of the nature and sources of customary international law. It then discusses whether international law permits a sovereign State to bind itself to a contract with a national of another State. The chapter then deals with State responsibility for acts considered illegal under international law. The chapter summarizes the remedies generally available to the investor or its home State following the taking of the investor's property. Finally, it discusses host State immunity from the jurisdiction of the national courts of other States in connection with investment claims.
History and Development of the Customary International Law of Expropriation and Investment Protection
Authors: Rubins Noah D , Papanastasiou Thomas-Nektarios , Kinsella N Stephan 
Published: May 2020

Abstract
This chapter discusses the principles of customary international law related to expropriation. It includes an overview of the historical development of the international law of expropriation, as developed in international arbitration decisions, commentators, treaties, and State practice. It also discusses the current state of the customary international law of expropriations, including the various substantive protections established in customary and conventional international law, such as the full compensation standard for expropriation, the public purpose requirement, and the prohibition against discrimination. The chapter concludes that a State may expropriate the property of aliens within its borders, but must compensate the foreigner for full value of the property taken. The primary change in the international law of expropriation since the nineteenth century is that the State may no longer use force against another State to rectify or prevent a taking of property by the host State.
The Substantive Law of Contemporary International Investment Protection
Authors: Rubins Noah D , Papanastasiou Thomas-Nektarios , Kinsella N Stephan 
Published: May 2020

Abstract
Investors increasingly rely on the substantive protections provided in a growing number of investment treaties. This chapter covers the modern international law of investment protection as embodied in multilateral and bilateral investment treaties, including principles such as fair and equitable treatment, and full protection and security. The substantive protections investment treaties described in this chapter are often echoed in the national investment laws of developing and transition-economy countries. In particular, many recent national investment codes place limitations on the State’s authority to expropriate foreign assets, sometimes granting rights superior to those provided at customary international law. International investment treaties also guarantee proper application of domestic law by government authorities, national treatment, repatriation of profits, compensation for breach and other standards of treatment.
Establishing Arbitral Jurisdiction
Authors: Rubins Noah D , Papanastasiou Thomas-Nektarios , Kinsella N Stephan 
Published: May 2020

Abstract
If a State fails to carry out its obligations to a foreign investor under a contract, its own national investment code, or a treaty with the investor’s home State, the investor may be able to vindicate its rights through international arbitration. In many cases, arbitration offers parties the only neutral forum in which to resolve disputes, and the only means to obtain a remedy that is enforceable across borders. Such a right, however, is hardly automatic. This chapter considers the jurisdictional requirements for invoking investment treaty protections. It discusses contractual arbitration, preliminary treaty concerns, who may initiate arbitration under investment protection instruments, and what is protected by investment protection instruments.
Mediation and Conciliation of Investment Disputes
Authors: Rubins Noah D , Papanastasiou Thomas-Nektarios , Kinsella N Stephan 
Published: May 2020

Abstract
Not all investment-related disputes are resolved through fully adversarial processes. In fact, both private businesses and governments are increasingly turning to various forms of mediation and conciliation in the face of serious disagreements rather than resorting immediately to international arbitration. A number of investment treaties also mention the possibility of alternative dispute resolution procedures, although such procedures are rarely if ever mandatory. This chapter addresses different alternatives to arbitration and litigation, with emphasis on the rather fine distinctions between them. It also discusses the methods by which mediation and conciliation may be imposed as a mandatory step preceding arbitration or litigation, with particular attention to investment contracts.
Intervention of States in Investment Disputes
Authors: Rubins Noah D , Papanastasiou Thomas-Nektarios , Kinsella N Stephan 
Published: May 2020

Abstract
This chapter discusses the actions that States may take to obtain redress against other States at whose hands their citizens are mistreated. Where no investment treaty binds home and host States, and where no other instrument offers the jurisdictional foundation for investor–State arbitration, a foreign investor may have no other remedy but to appeal to his government for assistance. A State’s intervention on behalf of its citizens may take several forms, ranging from informal diplomatic discussions to formal adversarial proceedings before ad hoc or standing international tribunals. The remainder of the chapter covers the “espousal” of claims, claims before international tribunals, economic sanctions, invalidation of title, prohibitions against the use of force, and the Foreign Claims Settlement Act of the United States.
An Empirical Analysis of International Criminal Law
Authors: Devresse Marie-Sophie , Scalia Damien 
Published: May 2020

Abstract
This chapter is an empirical study of how individuals who have been defendants at the International Criminal Tribunal for the former Yugoslavia (ICTY) and Rwanda (ICTR) perceived and understood the trial process. Breaking with those who resist taking seriously the lived experience of individuals accused of being responsible for terrible acts, the chapter insists that even the most despised genocidaire can contribute to knowledge-production about international criminal justice. This chapter’s conclusions, which are based on an analysis of 60 interviews, though enlightening are often counterintuitive. It finds, for example, that a defendant’s acceptance of the legitimacy of their trial generally depends far more on whether the defendant believes the process treated them fairly than on pragmatic considerations such as the outcome of the trial and the severity of any resulting sentence. Moreover, most defendants felt estranged from the trial process on account of its symbolic ‘violence’ toward them and the passive position it necessarily assigns them during the trial.
The Creation of an AD Hoc Elite
Authors: Christensen Mikkel Jarle 
Published: May 2020

Abstract
This chapter focuses on a key actor whose centrality has gone largely unnoticed: the new professional elite within and around the international criminal courts. This elite is composed of individuals who have accumulated high degrees of professional and symbolic capital within international criminal law (ICL) that allow them to shape the discipline itself. This chapter carefully traces the genesis and development of the new professional elite that emerged from four different starting points: legal practice; diplomacy; human rights (in particular NGOs recalibrated towards international criminal justice); and academia. On the basis of this mixed expertise, the ICL elite was characterized by holding management positions in the international criminal courts or building positions in diplomacy, advocacy or academia from where they helped construct (and criticize) the symbolism of this field. While they had crucial impact on the fight against impunity, the analysis also shows that this new elite, in particular those working in the international criminal courts, did not necessarily have high professional value on a broader market of international law and governance, unless they limited investment in ICL to a short period. As such, the elite of ICL is caught between having influence in a field of law that has remained politically controversial and subject to changes, and investing their expertise in other walks of life where it is prone to suffer depreciation.
Impunities
Authors: Drumbl Mark A. 
Published: May 2020

Abstract
This chapter addresses the concept of impunity, commonly envisioned as freedom from punishment (poena). It does so because ‘fighting impunity’ drives the establishment of international courts and tribunals. This chapter offers a discourse analysis of press releases of two international criminal tribunals to gauge their understanding of poena. This chapter argues that this understanding, which maps onto international justice efforts generally, is narrow to the point that ‘fighting impunity’ reduces to a carceral monologue. Instead, this chapter argues in favor of a broader vision of poena such that ‘fighting impunity’ would invoke a broader array of tools such as reparations, shame, sanction, memory, and recrimination. In the end, then, it is preferable to speak of ‘impunities’ than ‘impunity’
A Criminological Approach to the ICC’s Control Theory
Authors: Smeulers Alette 
Published: May 2020

Abstract
This chapter tackles the Control Theory of Perpetration, a German-inspired mode of participation that is applied only by the International Criminal Court (ICC). The Control Theory, developed by the German scholar Claus Roxin, provides a doctrinal apparatus for distinguishing between principal perpetrators and mere accomplices. Instead of defining the principal perpetrator as the individual who performs the actus reus of the offence, or who has the mens rea for the offence, the Control Theory states that they who control the crime are the principal perpetrator, even if that person uses another individual, or even an organization, to carry out the crime. Although much has been said of this mode of liability, this chapter considers a far broader question: whether the Control Theory as applied by today’s ICC (or by other courts that have adopted it) accords with the social reality of how atrocities are committed. In other words, this chapter does not consider whether the Control Theory is a good criminal law theory, but rather whether it could pass a criminological test..
The Right to Truth in International Criminal Law
Authors: Bilsky Leora 
Published: May 2020

Abstract
This chapter asks whether victims have a ‘right’ to the truth, and if they do, whether international trials are the appropriate vehicle for vindicating that right. Many have argued for a limited role for international criminal trials, focused exclusively on the fate of individual defendants, while others seek to subordinate criminal trials to larger, historiographic goals of constructing a definitive record of atrocities and other violations. The chapter reframes these debates around the concept of ‘victim rights’, especially since the Rome Statute provides a privileged place for victims in the procedural mechanics of the International Criminal Court. The argument here is then developed through discussion of four areas of doctrine: the victims’ ‘personal interests’ in the determination of guilt, the recharacterization of charges against the defendant, the right of victims to introduce evidence, and victims’ obligation to disclose exonerating evidence. The chapter concludes that these developments, combined with the role of human rights law, has ushered in an ‘emerging truth regime’.
Moving Images
Authors: Stolk Sofia , Werner Wouter 
Published: May 2020

Abstract
This chapter is an analysis of how audio-visual representations of the work of international criminal tribunals create narratives around victims. It highlights one important aspect of those narratives: they do not merely reflect and represent, they also create. More specifically, victims and victimhood are not pre-given categories, but are instead constituted via acts of representation, including audio-visual ones. Viewing this material through the lens of a typology of modes of representation in documentary film theory, this chapter argues that audio-visual productions have created different types of victims. Whereas advocacy documentaries have produced ‘ideal’ victims, critical documentaries ‘argumentative victims’, and observatory documentaries ‘translated victims’, audio-visual materials produced by the International Criminal Court itself have presented ‘bureaucratized victims’.
International Criminal Law
Authors: Simpson Gerry 
Published: May 2020

Abstract
This chapter maps out some of the broader conversations among the rest of the chapters in this volume. As a whole, this work reveals some quite dissonant moods around the health and future of international criminal law. The field (especially its practice in Tribunals) is in many ways experiencing a period of decay, backlash, recession, and anti-climax. And yet this chapter identifies a burgeoning popular interest, and a flourishing and illuminating academic literature. This chapter sketches three different registers among the contributions in this volume: reformist hope, unfriendly skepticism, and—wavering between the two—critical affinity. It also outlines some of the lines of response from supporters of international criminal law, although it does not find the main lines of defence particularly convincing.
Introduction and Delimitation of the Subject
Authors: El Far Ahmed 
Published: May 2020

Abstract
This introductory chapter provides an overview of the principle of abuse of rights in international arbitration. It is now generally recognized that international arbitration is the preferred method for resolving disputes in international trade and the normal means for resolving commercial and investment disputes. However, in recent years, international arbitration has been plagued by different forms of procedural abuse. Abusive practices developed by parties may not only cause paramount prejudice to their opponents, but can also undermine the fair resolution of disputes and frustrate the administration of arbitral justice. The existing rules for the prevention of abuse have a defined and narrow scope, are inherently rigid in their application, and fail to remedy different forms of abuse. As such, a general principle of abuse of rights is vital in international arbitration. The virtue of a single theory with a wide scope and an overarching premise is that it is a principle which involves equity considerations, enjoys the flexibility of general principles of law, and can be used to address different abusive behaviours.
Commentary on the Principle: Conditions of Application and Limitation
Authors: El Far Ahmed 
Published: May 2020

Abstract
This chapter addresses the particulars of the principle of abuse of rights, articulating its conditions of application and shedding light on any concerns that may arise from its application. An examination of the principle’s application reveals that there is consensus among the different laws on the principal elements of abuse of rights. Precisely, the application of abuse of rights assumes the existence of an acknowledged legal right; and that such right ceases legal protection given that it has been abused by the right holder. Moreover, the act in question must have caused harm to the other party. The damage or loss sustained may be material or moral damages. Once a court is satisfied that an abuse is established, it will either award damages to the aggrieved party or grant specific performance.
The Application of Abuse of Rights in Arbitration
Authors: El Far Ahmed 
Published: May 2020

Abstract
This chapter assesses the importance of applying the principle of abuse of rights in international arbitration. It is argued that the principle of abuse of rights is necessary in international arbitration as it ensures the good administration of arbitral justice. As the different intrinsic elements of the administration of arbitral justice often compete—fairness, due process, and efficiency—where tribunals frequently sacrifice one element to preserve another, it is important to articulate how the principle may be effective to deal with such tensions. The chapter then looks at the rising phenomenon of abuse and examines how the application of the principle may ensure the good administration of arbitral justice.
The pulsation properties of λ bootis stars I. the southern TESS sample
Authors: Murphy S J , Paunzen E , Bedding T R , Walczak P , Huber D 
Published: May 2020

ABSTRACT
We analyse TESS light curves for 70 southern λ Boo stars to identify binaries and to determine which of them pulsate as δ Scuti stars. We find two heartbeat stars and two eclipsing binaries among the sample. We calculate that 81 per cent of λ Boo stars pulsate as δ Sct variables, which is about twice that of normal stars over the same parameter space. We determine the temperatures and luminosities of the λ Boo stars from photometry and Gaia DR2 parallaxes. A subset of 40 λ Boo stars have 2-min TESS data, reliable temperatures and luminosities, and δ Sct pulsation. We use Petersen diagrams (period ratios), échelle diagrams, and the period–luminosity relation to identify the fundamental mode in 20 of those 40 stars and conclude that a further 8 stars are not pulsating in this mode. For the remaining 12, the fundamental mode cannot be unambiguously identified. Further mode identification is possible for 12 of the fundamental mode pulsators that have regular sequences of pulsation overtones in their échelle diagrams. We use stellar evolution models to determine statistically that the λ Boo stars are only superficially metal weak. Simple pulsation models also better fit the observations at a metallicity of Z = 0.01 than at Z = 0.001. The TESS observations reveal the great potential of asteroseismology on λ Boo stars, for determining precise stellar ages and shedding light on the origin(s) of the λ Boo phenomenon.
Transcriptome-wide organization of subcellular microenvironments revealed by ATLAS-Seq
Authors: Adekunle Danielle A , Wang Eric T 
Published: May 2020

Abstract
Subcellular organization of RNAs and proteins is critical for cell function, but we still lack global maps and conceptual frameworks for how these molecules are localized in cells and tissues. Here, we introduce ATLAS-Seq, which generates transcriptomes and proteomes from detergent-free tissue lysates fractionated across a sucrose gradient. Proteomic analysis of fractions confirmed separation of subcellular compartments. Unexpectedly, RNAs tended to co-sediment with other RNAs in similar protein complexes, cellular compartments, or with similar biological functions. With the exception of those encoding secreted proteins, most RNAs sedimented differently than their encoded protein counterparts. To identify RNA binding proteins potentially driving these patterns, we correlated their sedimentation profiles to all RNAs, confirming known interactions and predicting new associations. Hundreds of alternative RNA isoforms exhibited distinct sedimentation patterns across the gradient, despite sharing most of their coding sequence. These observations suggest that transcriptomes can be organized into networks of co-segregating mRNAs encoding functionally related proteins and provide insights into the establishment and maintenance of subcellular organization.
Occurrence and stability of lone pair-π and OH–π interactions between water and nucleobases in functional RNAs
Authors: Kalra Kanav , Gorle Suresh , Cavallo Luigi , Oliva Romina , Chawla Mohit 
Published: May 2020

AbstractWe identified over 1000 instances of water-nucleobase stacking contacts in a variety of RNA molecules from a non-redundant set of crystal structures with resolution ≤3.0 Å. Such contacts may be of either the lone pair-π (lp–π) or the OH–π type, in nature. The distribution of the distances of the water oxygen from the nucleobase plane peaks at 3.5 Å for A, G and C, and approximately at 3.1–3.2 Å for U. Quantum mechanics (QM) calculations confirm, as expected, that the optimal energy is reached at a shorter distance for the lp–π interaction as compared to the OH–π one (3.0 versus 3.5 Å). The preference of each nucleobase for either type of interaction closely correlates with its electrostatic potential map. Furthermore, QM calculations show that for all the nucleobases a favorable interaction, of either the lp–π or the OH–π type, can be established at virtually any position of the water molecule above the nucleobase skeleton, which is consistent with the uniform projection of the OW atoms over the nucleobases ring we observed in the experimental occurrences. Finally, molecular dynamics simulations of a model system for the characterization of water-nucleobase stacking contacts confirm the stability of these interactions also under dynamic conditions.