bluuebunny/crossref_metadata_2025_split huggingface dataset:
Commission on Human Rights Drafting Committee Second
SessionReport of the Sub-Committee, Consisting of the
Representatives of France, the United Kingdom and the United States
of America, Appointed to Re-Draft Article 13 of the Draft
International Covenant on Human Rights (Document E/600)
Authors: Clooney Amal , Webb Philippa , Nelson Matthew 
Published: October 2021

Abstract
Drafting Sub-Committee (CHR) Report, 14 May 1948.
United NationsCommission on Human RightsReport of the
Tenth Session23 February—16 April 1954Economic and Social
CouncilOfficial Records: Eighteenth SessionSupplement No. 7New
YorkAnnexes
Authors: Clooney Amal , Webb Philippa , Nelson Matthew 
Published: October 2021

Abstract
This section presents the CHR Report, 16 April 1954.
Consideration
Authors: Andrews Neil 
Published: October 2021

Abstract
If the contract has not been formalized as a deed, the agreement will be recognized as legally effective only if the party suing has provided something at the other party’s request as a bargained element. The doctrine continues to apply, but some of its extensions have been either abandoned or diluted. The doctrine of consideration applies not just to initial agreements but to agreements to vary contracts. In the variation context, a notable modern development is that a promise to pay more for performance can be enforced if the court can identify that the promise of extra remuneration is underpinned by a commercial advantage to the person expecting performance. This is the ‘practical benefit’ aspect of variation agreements. Also in the context of variations, the Common Law continues to refuse to recognize a gratuitous promise to extinguish or reduce a debt which has accrued under the contract. It remains controversial whether there is any equitable qualification on this last proposition if the debtor has acted in reliance on the promised and favourable variation made by the creditor.
Mistake
Authors: Andrews Neil 
Published: October 2021

Abstract
Occasionally English law will treat an apparent contract as void because both parties have suffered a misapprehension concerning the nature of the subject-matter. A shared fundamental mistake renders the supposed agreement a nullity. But this is possible only in extreme circumstances. English law adopts a narrow approach to mistake. In the leading case, Bell v Lever Bros (1932), Lords Atkin and Thankerton, members of the three-judge majority, considered that the test for shared mistake is whether an error has occurred which involves an essential difference between reality and the parties’ shared mistaken assumption. Because of the narrow way in which this restrictive formulation has been applied, the doctrine of shared mistake occupies a minor place in practice. An attempt by Lord Denning in Solle v Butcher (1950) to create in Equity a parallel and more pliable doctrine of shared mistake was repudiated in 2002 by the Court of Appeal in ‘The Great Peace’. But a contract can be a nullity where there is no consensus because an offer has been made to an identified person whose identity has been adopted by an impostor (who communicates other than face-to-face with the offeror). But if the impostor and offeror meet face-to-face, a voidable contract is likely to be found. This branch of the doctrine of mistake is known as ‘error as to identity’ or ‘mistaken identity’.
Damages
Authors: Andrews Neil 
Published: October 2021

Abstract
The rules governing compensatory damages for breach of contract are complicated and at times difficult to apply precisely. This chapter considers those doctrines in detail: including the different `measures’ of compensation, and the defences of causation, remoteness, mitigation, etc. The paradigm measure of compensatory damages for breach of contract is the so-called ‘expectation’ or ‘loss of bargain’ species. Here the aim is to place the innocent party in the position in which he would have been if the contract had been properly performed. That aim cane be achieved notably by recovering the profits he had expected to gain under the contract. But where loss of profit cannot be easily proved, a ‘fall-back’ compensatory measure is reliance loss damages. These restore the innocent party monetarily to the position he enjoyed before the contract was breached, thus enabling him to recover his wasted expenditure.
The Letter of Credit as a Contract
Authors: Booysen Sandra 
Published: October 2021

Abstract
This chapter considers the relationships created by the issue of a letter of credit. In particular, it focuses on the relationship between the issuer and/or confirmer of the credit on the one hand, and the seller of the goods on the other. Although the letter of credit is typically referred to as creating a contractual obligation between these parties, and that characterisation is rarely disputed, a closer analysis from a common law perspective reveals that some elements for contract formation appear to be absent. The chapter re-examines this debate in the light of recent developments in the law. It concludes that the relationship is indeed contractual, albeit that some of the contractual prerequisites may be satisfied in an unorthodox way.
Determining a Complying Presentation in Letter of Credit Transactions
Authors: Adodo Ebenezer 
Published: October 2021

Abstract
This chapter explores frequently neglected aspects of the vexed question of complying presentation in letter of credits operations from the perspective of Anglo-American law and a pragmatic appreciation of the International Chamber of Commerce’s codes of banking practice. In particular, it considers the existence and extent of the classes of ICC print material permissible as an aid in ascertaining the proper legal meaning and effect of a clause in the UCP 600 that lacks sufficient clarity, or even worse, if the UCP clause in dispute makes no express provision on the point at issue. The discussion then evaluates the nature of a clause in a credit calling for a draft drawn on the applicant; the legal effect of an unstipulated document in a presentation under the credit; and the rights of the beneficiary when determining the bank to which to tender documents for payment.
Letters of Credit and Stop Payment Orders Made in the Issuer’s Country
Authors: Enonchong Nelson 
Published: October 2021

Abstract
This chapter offers a critical examination of the significant, but largely unexplored, question whether, and to what extent, a foreign order restraining the issuing bank from making payment under a letter of credit can afford the issuing bank a good defence to a claim in a court outside that bank’s home jurisdiction. At common law, in England as well as in other jurisdictions, such as Hong Kong, Singapore and the US, such orders have only limited effect in the forum. This chapter argues that the approach of the English courts to article 4 of the Rome Convention of 19 June 1980 on the law applicable to contractual obligations meant that such orders could defeat a claim against the issuing bank in England only in very narrow circumstances. It goes on to examine the extent to which the changes introduced in article 4 of the Rome I Regulation of 17 June 2008 on the law applicable to contractual obligations have altered the position under English law, so that stop payment orders made in the issuer’s home jurisdiction may now have a much wider reach in England. The chapter contends that notwithstanding the amendments to article 4, in the specific context of letters of credit, the approach of the English courts under the Rome I Regulation is likely to be broadly similar to that under the Rome Convention. The Rome I Regulation has not (even unintentionally) opened the door to stop payment orders made in the issuer’s home jurisdiction.
The Bank Payment Obligation as a Signal Step in the Evolution of Digital Trade Finance
Authors: Mugasha Agasha 
Published: October 2021

Abstract
The bank payment obligation (‘BPO’) is a new digital financial instrument intended to secure payment and facilitate finance for goods and services in the supply chain. Like the letter of credit, it relies on the banking network to transmit trade and payment information; unlike the letter of credit, however, it is based on the electronic transmission and matching of structured data on an independent transaction matching application. It thus avoids the physical examination of documents by the banks and moves payment services further in the digital era. Focusing on the legal aspects as envisaged in the Uniform Rules for Bank Payment Obligations (‘URBPO’), this chapter notes that the BPO will co-exist with the pre-existing trade methods of open account and letters of credit, and will operate best in the niche market where the trading parties have prioritised digital trade. In a wider perspective, its principles will likely inspire the further digitalisation of trade finance.
Something Old, Something New
Authors: Hare Christopher 
Published: October 2021

Abstract
Letters of credit have increasingly come under strain as a payment mechanism in international trade as a result of increased technology, competition, and regulation. At the same time, the letter of credit’s efficiency has reduced over time as a result of its processing costs and speed. The space created by the decline of the letter of credit has been filled by trade parties turning to open account and prepayment terms, whilst using Supply Chain Financing (‘SCF’) techniques to provide the requisite liquidity. The advantages of such payment terms are principally their speed, convenience and cost, all of which the letter of credit increasingly lacks. Accordingly, it is unlikely that this trend towards SCF techniques will abate any time soon. Nevertheless, there are still legal difficulties associated with such payment and liquidity-enhancing techniques, as well as uncertainty associated with the regulatory and accounting treatment of these devices. If open-account trading and SCF techniques are going to eclipse the letter of credit as a payment mechanism, these challenges will have to be addressed.
Jurisdiction, Sources and General Rules
Authors: French Derek 
Published: October 2021

Abstract
The chapter discusses the process of applying for and making winding-up orders. Proceedings for Winding Up by the Court Under Insolvency Act 1986 must be made by Petition. Winding up is most often sought by creditors of insolvent companies and is usually seen primarily as an insolvency procedure. Other purposes may justify making a winding-up order. From the time that a court makes an order that a company is to be wound up, the company has a liquidator under IA 1986. The liquidator must take into his custody or under his control all the property and things in action to which the company is or appears to be entitled. A compulsory winding up is wholly dependent on the court. It is for the court to oversee the realization of the assets of the company and their distribution, on the correct principles, among creditors and members. Legislation has made available various company insolvency procedures which, though not winding-up orders or bank or building society insolvency orders, replace a company’s directors with an independent insolvency office-holder who is at least capable of achieving the winding up of the company.
Presentation of a Winding-up Petition
Authors: French Derek 
Published: October 2021

Abstract
The chapter discusses the Court orders which have the effect of winding up companies’ but under the Insolvency Act 1986 (IA 1986). An application for an order that a company be wound up by the court under IA 1986 must be made by petition and can refer to only one company. The petition must contain all necessary allegations in a form which is sufficient to enable the court to make the requisite findings and consider the appropriate order. For all the various types of entity which may be wound up by the court under IA 1986, the relevant legislation specifies the circumstances in which that type of entity may be wound up. These are usually called the ‘grounds’ for winding up. For certain types of company, other persons also have standing to petition for winding up. There are separate rules for building societies, incorporated friendly societies and insolvent partnerships.
Hearing the Petition and Making the Order
Authors: French Derek 
Published: October 2021

Abstract
The chapter observes the hearing of winding-up petitions and making orders. Winding up by the court involves a determination of a civil right within the meaning of the European Convention on Human Rights, art 6(1) (right to a fair trial). A winding-up petition is normally heard by an Insolvency and Companies Court (ICC) judge or a district judge. The court hearing a petition for the compulsory winding up of a company has a discretion to hear anyone who can assist the court, as advocate to the court. A foreign creditor has the same rights regarding participation in proceedings as creditors in Great Britain. On hearing a winding-up petition the court may, at its discretion, dismiss it, or adjourn the hearing conditionally or unconditionally, or make an interim order, or any other order that it thinks fit. The court may order the winding up of a company on application made by petition under IA 1986, s 124.
Other Petitioners
Authors: French Derek 
Published: October 2021

Abstract
A company may petition for itself to be wound up by the court. The same applies to a building society, an incorporated friendly society, a limited liability partnership (LLP), and any other entity that may be wound up as a registered company. A company’s power to petition for its own winding up may be exercised by its directors, at least if the company has passed a special resolution that the company be wound up by the court, that being a circumstance in which the court may make a winding-up order. A petition by a company for its own compulsory winding up will usually rely on the circumstance that a special resolution has been adopted that the company be wound up by the court. When a resolution for compulsory winding up has been adopted, the court retains a discretion whether or not to make a winding-up order.
Astrosat: forecasting satellite transits for optical astronomical observations
Authors: Osborn James , Blacketer Laurence , Townson Matthew J , Farley Ollie J D 
Published: October 2021

ABSTRACT
The impact of large-scale constellations of satellites, is a concern for ground-based astronomers. In recent years there has been a significant increase in the number of satellites in low-Earth orbit and this trend is set to continue. The large number of satellites increases the probability that one will enter the field of view of a ground-based telescope at the right solar angle to appear bright enough that it can corrupt delicate measurements. We present a new tool ‘Astrosat’ that will project satellite orbits onto the RA/Dec. coordinate system for a given observer location and time and field of view. This enables observers to mitigate the effects of satellite trails through their images by either avoiding the intersection, post-processing using the information as a prior or shuttering the observation for the duration of the transit. We also provide some analysis on the apparent brightness of the largest of the constellations, Starlink, as seen by a typical observatory and as seen with the naked eye. We show that a naked eye observer can typically expect to see a maximum of 5 Starlink satellites at astronomical twilight, when the sky is dark. With the intended 40 000 satellites in the constellation that number would increase to 30.
Stability of an ionization front in Bondi accretion
Authors: Keto Eric , Kuiper Rolf 
Published: October 2021

ABSTRACT
Spherical Bondi accretion is used in astrophysics as an approximation to investigate many types of accretion processes. Two-phase accretion flows that transition from neutral to ionized have observational support in high-mass star formation, and have application to accretion flows around any ionizing source, but the hydrodynamic stability of two-phase Bondi accretion is not understood. With both semi-analytic and fully numerical methods, we find that these flows may be stable, conditionally stable, or unstable depending on the initial conditions. The transition from an R-type to a D-type ionization front plays a key role in conditionally stable and unstable flows.
Unstable modes of hypermassive compact stars driven by viscosity and gravitational radiation
Authors: Rau Peter B , Sedrakian Armen 
Published: October 2021

ABSTRACT
We study the oscillation modes of differential rotating remnants of binary neutron star inspirals by modelling them as incompressible Riemann ellipsoids parametrized by the ratio f of their internal circulation to the rotation frequency. The effects of viscosity and gravitational radiation on the modes are studied, and it is shown that these bodies exhibit generic instability towards gravitational radiation akin to the Chandrasekhar–Friedman–Schutz instability for uniformly rotating stars. The odd-parity modes are unstable for all values of f (except for the spherical model) and deformations, whereas the even parity unstable modes appear only in highly eccentric ellipsoids. We quantify the modification of the modes with the varying mass of the model and the magnitude of the viscosity. The modes are weakly dependent on the range of the masses relevant to binary neutron star mergers. Large turbulent viscosity can lead to a suppression of the gravitational-radiation instability, whereas kinematical viscosity has a negligible influence on the modes and their damping time-scales.
AlphaFold Protein Structure Database: massively expanding the structural coverage of protein-sequence space with high-accuracy models
Authors: Varadi Mihaly , Anyango Stephen , Deshpande Mandar , Nair Sreenath , Natassia Cindy , Yordanova Galabina , Yuan David , Stroe Oana , Wood Gemma , Laydon Agata , Žídek Augustin , Green Tim , Tunyasuvunakool Kathryn , Petersen Stig , Jumper John , Clancy Ellen , Green Richard , Vora Ankur , Lutfi Mira , Figurnov Michael , Cowie Andrew , Hobbs Nicole , Kohli Pushmeet , Kleywegt Gerard , Birney Ewan , Hassabis Demis , Velankar Sameer 
Published: October 2021

Abstract
The AlphaFold Protein Structure Database (AlphaFold DB, https://alphafold.ebi.ac.uk) is an openly accessible, extensive database of high-accuracy protein-structure predictions. Powered by AlphaFold v2.0 of DeepMind, it has enabled an unprecedented expansion of the structural coverage of the known protein-sequence space. AlphaFold DB provides programmatic access to and interactive visualization of predicted atomic coordinates, per-residue and pairwise model-confidence estimates and predicted aligned errors. The initial release of AlphaFold DB contains over 360,000 predicted structures across 21 model-organism proteomes, which will soon be expanded to cover most of the (over 100 million) representative sequences from the UniRef90 data set.
The Human Disease Ontology 2022 update
Authors: Schriml Lynn M , Munro James B , Schor Mike , Olley Dustin , McCracken Carrie , Felix Victor , Baron J Allen , Jackson Rebecca , Bello Susan M , Bearer Cynthia , Lichenstein Richard , Bisordi Katharine , Dialo Nicole Campion , Giglio Michelle , Greene Carol 
Published: October 2021

Abstract
The Human Disease Ontology (DO) (www.disease-ontology.org) database, has significantly expanded the disease content and enhanced our userbase and website since the DO’s 2018 Nucleic Acids Research DATABASE issue paper. Conservatively, based on available resource statistics, terms from the DO have been annotated to over 1.5 million biomedical data elements and citations, a 10× increase in the past 5 years. The DO, funded as a NHGRI Genomic Resource, plays a key role in disease knowledge organization, representation, and standardization, serving as a reference framework for multiscale biomedical data integration and analysis across thousands of clinical, biomedical and computational research projects and genomic resources around the world. This update reports on the addition of 1,793 new disease terms, a 14% increase of textual definitions and the integration of 22 137 new SubClassOf axioms defining disease to disease connections representing the DO’s complex disease classification. The DO’s updated website provides multifaceted etiology searching, enhanced documentation and educational resources.
Comparing stimulus-evoked and spontaneous response of the face-selective multi-units in the human posterior fusiform gyrus
Authors: Schwartz Rina , Rozier Camille , Seidel Malkinson Tal , Lehongre Katia , Adam Claude , Lambrecq Virginie , Navarro Vincent , Naccache Lionel , Axelrod Vadim 
Published: October 2021

Abstract
The stimulus-evoked neural response is a widely explored phenomenon. Conscious awareness is associated in many cases with the corresponding selective stimulus-evoked response. For example, conscious awareness of a face stimulus is associated with or accompanied by stimulus-evoked activity in the fusiform face area (FFA). In addition to the stimulus-evoked response, spontaneous (i.e. task-unrelated) activity in the brain is also abundant. Notably, spontaneous activity is considered unconscious. For example, spontaneous activity in the FFA is not associated with conscious awareness of a face. The question is: what is the difference at the neural level between stimulus-evoked activity in a case that this activity is associated with conscious awareness of some content (e.g. activity in the FFA in response to fully visible face stimuli) and spontaneous activity in that same region of the brain? To answer this question, in the present study, we had a rare opportunity to record two face-selective multi-units in the vicinity of the FFA in a human patient. We compared multi-unit face-selective task-evoked activity with spontaneous prestimulus and a resting-state activity. We found that when activity was examined over relatively long temporal windows (e.g. 100–200 ms), face-selective stimulus-evoked firing in the recorded multi-units was much higher than the spontaneous activity. In contrast, when activity was examined over relatively short windows, we found many cases of high firing rates within the spontaneous activity that were comparable to stimulus-evoked activity. Our results thus indicate that the sustained activity is what might differentiate between stimulus-evoked activity that is associated with conscious awareness and spontaneous activity.