bluuebunny/crossref_metadata_2025_split huggingface dataset:
Introduction
Authors: Liebi Martin , Markham Jerry W , Brown-Hruska Sharon , De Carvalho Robalo Pedro , Meakin Hannah , Tan Peter 
Published: January 2021

Abstract
This introductory chapter provides a background and an overview of commodities trading. The trade of commodities is the earliest and most basic form of commerce. A central tenet in economics theory, the act of trade or ‘exchange’ of a commodity occurs at the intersection of supply and demand and also where the price or exchange rate is determined. Since commodity prices change based on myriad factors, the volatility of commodities prices is the raison d'etre of why derivatives developed. Derivative markets perform two essential functions: price discovery and hedging. Price discovery is important because it allows market participants to value their financial assets without actually having to sell those items. Hedging is also important because it allows a market participant to offset risks from exposure to financial instruments in its portfolio or that it anticipates buying in the future. The chapter then looks at the rationale for the regulation of trading in commodities-related financial instruments as well as the impact of Brexit on the regulation of commodities trading in Europe.
Commodity Trading Houses
Authors: Liebi Martin , Markham Jerry W , Brown-Hruska Sharon , De Carvalho Robalo Pedro , Meakin Hannah , Tan Peter 
Published: January 2021

Abstract
This chapter discusses commodity trading houses, which refer to companies that buy and sell physical commodities and commodity derivatives for their own account and/ or on behalf of their customers. Commodity trading houses may be very specialist and deal in a few commodities only or they may have a wide-ranging business covering many different types of commodity. Moreover, commodity trading houses may form part of a wider group, where other parts of the group are in the business of producing commodities, whether that is by extracting them from the ground as a natural resource or manufacturing a usable product from one or more such resources. The commodity trading house may effectively be the marketing entity within the group. Sometimes that marketing entity will also enter into derivatives. The chapter then considers the reasons why commodity trading houses might trade commodity derivatives and the different ways in which such trading can be undertaken. It also studies the regulatory regime applicable to commodity trading houses and the reasons why such companies may fall within the scope of financial services regulation in some countries.
Market Abuse
Authors: De Carvalho Robalo Pedro 
Published: January 2021

Abstract
This chapter assesses market abuse. Market abuse offences, in all of their possible forms, frustrate the concept of market efficiency by allowing undue advantage to the individuals performing the abusive actions, thus jeopardizing the development of fair and orderly markets. In turn, this is likely to harm confidence by undermining investors' beliefs that the market is fair, leading them to withdraw their investments. In Europe, the first European-wide legislative package was initiated with the adoption of the Market Abuse Directive in 2003 (Directive 2003/6/EC), with the aim of providing a broad framework that would address market manipulation and insider dealing practices in the EU. However, in the aftermath of the Financial Crisis in 2008, a review of the regime was required as a number of deficiencies were found. In 2011 and in order to address these issues, the European Commission adopted the proposal for the Regulation on insider dealing and market manipulation (MAR) as well as the Directive on Criminal Sanctions for Insider Dealing and Market Manipulation (CSMAD).
Right to a Competent, Independent and Impartial Tribunal Established by Law
Authors: Clooney Amal , Webb Philippa 
Published: January 2021

Abstract
This chapter discusses the right to a competent, independent, and impartial tribunal established by law, a right that is absolute and non-derogable, and a necessary precondition for the legitimacy of the judicial function in any state. In assessing whether a defendant’s rights to an independent tribunal has been respected, international human rights bodies have focused on key indicators such as how judges are appointed, promoted, assigned to cases, and removed from office. When it comes to impartiality, international bodies have considered whether the judge or juror had a relationship with a party in the case, had previously expressed a view on an issue to be determined in the case, had revealed a prejudice against the defendant, or had participated in the case at an earlier stage.
Right to Counsel
Authors: Clooney Amal , Webb Philippa 
Published: January 2021

Abstract
This chapter addresses the right to counsel, an important, non-derogable right designed to prevent miscarriages of justice when a defendant faces a state that has greater resources, powers, and access to evidence. Under international human rights law, the right to counsel encompasses five main components: the right to be notified of the right to the assistance of counsel; the right to prompt access to qualified counsel, paid for by the state if the defendant is indigent; the right to choose counsel; the right to communicate confidentially with counsel; and the right to act as one’s own counsel. International bodies have defined the broad scope of protection that is afforded to defendants in broadly consistent terms, but the chapter highlights divergences relating to the right to represent oneself, and the circumstances under which international bodies will find that counsel has not been ‘effective’ in a given case.
Right to be Present
Authors: Clooney Amal , Webb Philippa 
Published: January 2021

Abstract
This chapter explores the right to be present, which is a precondition for the realisation of a fair trial. Despite its importance, there is considerable variation in practice regarding the right to be present at the national level. Many civil law systems permit trials to be held in the defendant’s absence, but require a retrial upon the appearance of the defendant. In contrast, trials in absentia are an anathema in common law systems, with temporary absences only permitted in exceptional circumstances, such as defendant misconduct. International human rights law requires that states abide by strict conditions when proceeding with a trial in the absence of the defendant, including providing the right to a retrial if and when the defendant appears. Narrow limits on the right to be present have been developed in the jurisprudence of international bodies, including express waiver by the defendant, implied waiver through absconding or disruptive behaviour, when the defendant cannot be present due to illness, or when the court is considering matters of national security or issues relating to vulnerable witnesses. The right to be present applies during the entire trial process, but it may have a more limited application to pre-trial, appeal and sentencing proceedings. Ultimately, the key issues that arise in defining the right at the international level include the question of whether presence is a right or a duty; whether presence can be achieved through video-link or other technology; how to ensure the rights of the defence during a trial in absentia; the conditions for valid express and implied waivers of the right; the treatment of defendants who are unwell; and the right to retrial following a trial in absentia.
Negotiability, Negotiable Instruments, and the Law of Bills, Notes, and Cheques
Authors: Geva Benjamin , Peari Sagi 
Published: January 2021

Abstract
This chapter examines the basic concept of ‘negotiability’ as the transferability of an instrument embodying monetary claims by its physical delivery—possibly free of adverse claims and contract defences to liability under it. Accordingly, one of the typical features of a negotiable instrument is that it may be divorced from the underlying causes and has to be judged on its own merits, independent from the bargain from which the instrument originated and the underlying contract. The chapter then looks at the principal instruments that, subsequent to their emergence and earlier development, were accorded with the quality of negotiability. These instruments are bills of exchange, promissory notes, and cheques. The chapter also discusses the rules governing liability under and transfer of such instruments as a crystallization of the general rules of contract and tangible property, and describes their contemporary uses. Moreover, it outlines early national codification, major difference among the global systems, and major international efforts to unify and substantively harmonize this area of law.
Choice-of-Law Question, Three Major Developments, and the Need for Harmonization
Authors: Geva Benjamin , Peari Sagi 
Published: January 2021

Abstract
This chapter focuses on the question of choice-of-law and delineates its common thread within contemporary private law choice-of-law rules. In particular, it demonstrates that despite the variety of names and titles, one can point to three cornerstone developments within the contemporary choice-of-law doctrine, which all can be traced to different degrees of divergence within the various systems. The first development is a relaxation within the classical classification of the subject according to the presence of the so-called ‘foreign element’ in the factual matrix of the case. The second development is the advances of the so-called ‘party autonomy’ principle according to which the parties can agree on the identity of the applied law. Finally, the third development is the advances of the so-called ‘most significant relationship’ (MSR) principle according to which courts are required to assess the factual situation of a case as a whole and to evaluate the significance of the various factors relative to the degree of their connectedness to the particular liability event and the litigating parties. Given the failure of the systems to agree on unification of the substantive law, the chapter then highlights the need for harmonization of choice-of-law relating to negotiable instruments.
Choice-of-Law Rules in the Absence of Party Autonomy
Authors: Geva Benjamin , Peari Sagi 
Published: January 2021

Abstract
This chapter discusses the question of which law should apply to adjudicate the parties' rights and duties when the parties have not selected one. It favours the extension of the popular ‘most significant relationship’ (MSR) principle to negotiable instruments law. A careful evaluation of the nature of this principle, and the objections raised against it, points towards its incorporation into this area of law. We challenge the traditional orthodoxies, expose their flawed foundations, and subsequently suggest a fairly dramatic reconsideration of the choice-of-law rules derived from them. The chapter then reveals clear traces of the MSR principle within the traditional and contemporary case law of negotiable instruments. This suggests that this principle has always played a role in the choice-of-law mechanics of the field. The chapter also offers some suggestions as to the operational mechanics of the MSR principle. We contend that the principle should not operate alone but in combination with flexible presumptions, which provide points of departure for choice-of-law analysis.
Putting the Great Enterprise into Context
Authors: Pace John P 
Published: January 2021

Abstract
The Introduction explains the origin and relevance of the description ‘a very great enterprise’ as a theme which runs through the book. The term marked the very first moments when the setting up of a Commission on Human Rights was discussed, as the United Nations was taking shape in 1946. It sets out the author’s involvement in the development of the human rights programme and the hands-on experience in various countries, gained over the decades at the United Nations since 1966 and in other capacities during this century. The book aims ‘to let the historic and actual reality speak for itself’, and thus it covers each session since the first one in 1947, up to 2019. It is followed by a description of the structure of the book, which is intended to provide a solid basis to improve efforts in the years to come.
The Approaches (1955)
Authors: Pace John P 
Published: January 2021

Abstract
This chapter describes the various approaches adopted by the Commission on Human Rights—and later by the Human Rights Council—to support implementation processes, starting with the introduction of Advisory Services in 1955. These were to serve as a support for the Commission’s work in implementing its programme of work, notably the follow-up to its work on the International Bill of Human Rights. These services were to be provided at the request of Governments and to consist of: ‘(i) Advisory services of experts, (ii) Fellowships and scholarships, (iii) Seminars’. In 1956, the Commission opened up yet another approach. The Yearbook on Human Rights had introduced a system of ‘Annual Reports on human Rights’ whereby governments shared information on measures taken at the domestic level. The chapter traces the development of other approaches by the Commission including investigations, regional commissions, national institutions (including the Paris Principles) and voluntary funds. It also looks at the emergence of international (or hybrid) criminal tribunals, all of which included crimes against humanity (or human rights crimes) in their jurisdiction.
The Emergence of International Human Rights Law (1969)
Authors: Pace John P 
Published: January 2021

Abstract
This chapter addresses the emergence of International Human Rights Law. International Human Rights Law consists of international norms set out in instruments adopted over the years. These consist of binding instruments, which carry obligations (such as ‘covenant’, ‘convention’ and ‘protocol’) and non-binding instruments (such as ‘declaration’, ‘guiding principles’, ‘basic principles’ and ‘standard minimum rules’, also described as ‘soft’ law). They are all related, directly or indirectly, to the rights in the International Bill of Human Rights, which may be considered as the substantive canopy of International Human Rights Law. As the International Bill of Human Rights was reaching completion in the mid-1960s, a process developed that complemented the International Bill with conventions on specific rights, protecting (vulnerable) groups, such as the child, women, persons with disabilities and migrant workers, and conventions protecting against the violation of specific rights, such as freedom from racial discrimination, freedom from torture and from involuntary disappearance. The conventions which envisage a system by which an expert body (treaty body) monitors the implementation by States Parties of their treaty obligations came to be referred to as ‘core’ conventions. The chapter also looks at non-core conventions, as well as declarations and other norms.
Introduction
Authors: Yu Jianlong , Cao Lijun 
Published: January 2021

Abstract
This chapter provides an overview of arbitration in China, as well as the arbitration and other dispute resolution services provided by the China International Economic and Trade Arbitration Commission (‘CIETAC’). The legal framework governing arbitration in China consists of: (1) statutory law; (2) judicial interpretations; and (3) international treaties. In addition, special provisions have been put into place to deal with arbitration matters involving China and the special administrative regions of Hong Kong and Macao; these special provisions are promulgated in mainland China as judicial interpretations. The chapter distinguishes between domestic and foreign arbitration, and looks at the framework of institutional arbitration in China. It then details the important features of CIETAC arbitration. The CIETAC is China’s pre-eminent arbitral institution and has played the dominant role in the arbitration of Chinese-foreign business disputes for over sixty years.
General Provisions
Authors: Yu Jianlong , Cao Lijun 
Published: January 2021

Abstract
This chapter examines some of the general provisions of the current CIETAC Rules. It covers the Scope of Application (Article 4), the Interpretations of the Rules (Article 83), and Coming into Force of the Rules (Article 84), which are necessary provisions for any set of rules. In accordance with Article 4.1, the CIETAC Rules will be applied uniformly to all arbitrations administered by the CIETAC headquarters in Beijing or by the CIETAC’s sub-commissions and arbitration centres, including the CIETAC Hong Kong Arbitration Center. Article 4.2 provides that whenever parties have agreed to ‘arbitration by CIETAC’, they will be deemed to have agreed to the application of the CIETAC Rules. The chapter then describes other general but important provisions, including: Place of Arbitration (Article 7); Service of Documents and Periods of Time (Article 8); and Language (Article 81). Undoubtedly, the place of arbitration, the service of process, and the language of arbitration are fundamental aspects for any arbitration case. Lastly, the chapter looks at two general principles for commercial arbitration: Good Faith (Article 9); and Waiver of Right to Object (Article 10).
Arbitration Agreement
Authors: Yu Jianlong , Cao Lijun 
Published: January 2021

Abstract
This chapter discusses the important subject of arbitration agreement, covering Article 5 and Article 6 of the CIETAC Rules. Article 5.1 defines ‘arbitration agreement’ as ‘an arbitration clause in a contract or any other form of a written agreement concluded between the parties providing for the settlement of disputes by arbitration’. In practice, arbitration agreements may be established in one of the following three ways in China: contract clause; submission agreement; and incorporation by reference. The chapter then looks at the statutory requirements for a valid arbitration agreement; the common defects of arbitration agreements; the separability of arbitration agreements; and the binding effect of an arbitration agreement on non-signatory parties. Meanwhile, Article 6 sets forth provisions with regard to objection to arbitration agreement and/or arbitral jurisdiction. The chapter considers several aspects of the court’s procedure in deciding on objection to arbitration agreement, and the Reporting Mechanism of the PRC courts in regard to deciding on arbitration-related matters.
Complex Arbitration
Authors: Yu Jianlong , Cao Lijun 
Published: January 2021

Abstract
This chapter studies complex arbitration, covering Articles 14, 18, and 19 of the CIETAC Rules. Under Article 14, the Claimant can initiate a single arbitration for disputes arising out of multiple contracts as long as the three requirements set out in Article 14 are met. Since the 2015 CIETAC Rules came into effect, Article 14 is frequently invoked in regard to disputes arising out of transactions such as international sales of goods, financial lease, and construction contracting and sub-contracting. Article 18 concerns the joinder of additional parties. Joinder refers to the situation where there is an arbitration pending under the CIETAC Rules and one or more additional parties are subsequently joined to the proceedings. Meanwhile, Article 19 deals with the consolidation of arbitrations, a procedure in which two or more pending arbitrations are merged into a single arbitration and handled by a single arbitral tribunal.
Revealing the cosmic reionization history with fast radio bursts in the era of Square Kilometre Array
Authors: Hashimoto Tetsuya , Goto Tomotsugu , Lu Ting-Yi , On Alvina Y L , Santos Daryl Joe D , Kim Seong Jin , Eser Ece Kilerci , Ho Simon C-C , Hsiao Tiger Y-Y , Lin Leo Y-W 
Published: January 2021

ABSTRACT
Revealing the cosmic reionization history is at the frontier of extragalactic astronomy. The power spectrum of the cosmic microwave background (CMB) polarization can be used to constrain the reionization history. Here, we propose a CMB-independent method using fast radio bursts (FRBs) to directly measure the ionization fraction of the intergalactic medium (IGM) as a function of redshift. FRBs are new astronomical transients with millisecond time-scales. Their dispersion measure (DMIGM) is an indicator of the amount of ionized material in the IGM. Since the differential of DMIGM against redshift is proportional to the ionization fraction, our method allows us to directly measure the reionization history without any assumption on its functional shape. As a proof of concept, we constructed mock non-repeating FRB sources to be detected with the Square Kilometre Array, assuming three different reionization histories with the same optical depth of Thomson scattering. We considered three cases of redshift measurements: (A) spectroscopic redshift for all mock data, (B) spectroscopic redshift for 10 per cent of mock data, and (C) redshift estimated from an empirical relation of FRBs between their time-integrated luminosity and rest-frame intrinsic duration. In all cases, the reionization histories are consistently reconstructed from the mock FRB data using our method. Our results demonstrate the capability of future FRBs in constraining the reionization history.
Heparin fragments induce cervical inflammation by recruiting immune cells through Toll-like receptor 4 in nonpregnant mice
Authors: Åkerud Anna , Axelsson Jakob , Yadav Manisha , Erjefält Jonas , Ekman-Ordeberg Gunvor , Malmström Anders , Fischer Hans 
Published: January 2021

Abstract
Inflammation is a hallmark in the human cervix remodelling. A possible candidate inducing the inflammatory driven ripening of the cervix is the matrix component heparan sulphate, which has been shown to be elevated in late pregnancy in the cervix and uterus. Heparin and a glycol-split low molecular weight heparin (gsHep) with low anticoagulant potency has been shown to enhance myometrial contraction and interleukin (IL)-8 production by cervical fibroblasts. The aim of this study was to investigate the mechanism by which heparin promotes cervical inflammation. Wild-type, Toll-like receptor 4 (TLR4), Myeloid differentiation primary response gene 88 (MyD88) and Interferon regulatory factor 3 (IRF3)-deficient mice were treated by deposition of gsHep into the vaginas of nonpregnant mice. To identify which cells that responded to the heparin fragments, a rhodamine fluorescent construct of gsHep was used, which initially did bind to the epithelial cells and were at later time points located in the sub-mucosa. The heparin fragments induced a strong local inflammatory response in wild-type mice shown by a rapid infiltration of neutrophils and to a lesser extent macrophages into the epithelium and the underlying extracellular matrix of the cervix. Further, a marked migration into the cervical and vaginal lumen was seen by both neutrophils and macrophages. The induced mucosal inflammation was strongly reduced in TLR4- and IRF3-deficient mice. In conclusion, our findings suggest that a TLR4/IRF3-mediated innate immune response in the cervical mucosa is induced by gsHep. This low anticoagulant heparin version, a novel TLR4 agonist, could contribute to human cervical ripening during the initiation of labour.