bluuebunny/crossref_metadata_2025_split huggingface dataset:
Incorporation and Implementation of Treaties in South Korea
Authors: Lee Jaemin 
Published: June 2019

Abstract
This chapter explains South Korea’s approach to incorporating and implementing treaties within its domestic legal system. The chapter begins by explaining the hierarchy of the legal system in Korea with specific reference to where treaties stand in the system. Treaties duly concluded automatically become part of the domestic law under the monistic approach adopted by the Korean Constitution. More specifically, the prevailing view in Korea is that treaties ratified with the consent of the National Assembly are deemed to have the same legal status as acts or statutes. Simplified treaties without ratification proceedings, hence without legislative consent, are considered to have the status of presidential decrees or enforcement decrees under acts or statutes. Due to the increasing interaction between treaties and municipal law, recent South Korean court cases attempt to clarify other outstanding legal issues, such as the distinction between self-executing and non-self-executing treaties, and the scope of individual persons’ claims under treaties. It is expected that more challenges will be raised in the executive branch and the legislature as well as the judiciary as domestic stakeholders are increasingly affected by a myriad of treaties, in particular free trade agreements and international investment agreements. Having realized the direct impact from treaties, domestic interest groups are now keen to provide their observations and views during negotiations and to scrutinize the implementing legislation of the government after the conclusion. Thus, while the constitutional framework of treaty conclusion has remained largely the same since 1948, the domestic legal and political landscapes for treaty negotiation, conclusion, and implementation are undergoing significant changes.
Making Treaties and Other International Agreements
Authors: Cremona Marise 
Published: June 2019

Abstract
This chapter examines the foreign relations law of the European Union concerning the making of treaties and other international agreements. It first outlines the sources of EU law on treaty-making and the legal and constitutional context in which EU treaty-making takes place. It then turns to the law relating to the process of treaty negotiation and to the signature, provisional application, and conclusion of treaties, identifying the ways in which the specific legal characteristics of the European Union as a treaty maker are reflected in its foreign relations law. These include the principle of conferred powers, whereby all treaty-making power must be conferred expressly or impliedly by the EU Treaties, and the institutional balance of powers. For the European Union, treaty-making is not a manifestation of sovereignty and cannot be regarded as simply a matter of executive discretion; the policy balance of a projected treaty and its relation to the European Union’s general objectives may be subject to judicial assessment. The member states remain sovereign subjects of international law and, as a matter of EU law, the European Union’s external powers do not necessarily displace those of the member states. As a result, the European Union and member states will often enter into treaties together, although there are no formal rules in the EU system, apart from the general mutual duties of cooperation, governing the negotiation and conclusion of such “mixed agreements.”
Foreign Affairs Federalism in the United States
Authors: Young Ernest A. 
Published: June 2019

Abstract
Although the American Founders intended to centralize power over foreign affairs in the national government, the modern reality is considerably more complex. To be sure, the national government dominates the core of foreign affairs: the conduct of foreign policy toward other nations. Yet even here, states and municipalities intrude from time to time. More broadly, state and local governments remain important players in areas such as immigration and commercial regulation that have important international dimensions. Federalism constrains—legally and especially politically—the international agreements that the national government can enter into, and central authorities remain dependent on state and local officials to implement many important international commitments. Internal and external forces have combined to make a multilayered approach to foreign affairs inevitable in the United States. Internal forces include the constitutional structure itself, which stops short of giving exclusive foreign affairs powers to the national government and reserves important authority to the states, as well as the more contemporary impact of polarization in American political life. On the external side, globalization has blurred the very distinction between foreign and domestic affairs, and international law’s increasing preoccupation with nations’ treatment of their own citizens has rendered many traditional areas of state governance subjects of international concern.
Federalism and Foreign Affairs in Canada
Authors: Côté Charles-Emmanuel 
Published: June 2019

Abstract
This chapter studies the interplay between federalism and foreign relations law in Canada. As the chapter notes, since Confederation and despite lengthy constitutional talks and the coming of the age of globalization, foreign affairs federalism in Canada remains characterized by the absence of written constitutional rules, the lack of institutionalization, and the important role of government practice in filling that void. Despite past controversies over the Labour Conventions case, the provincial power to implement treaties did not cause any serious foreign relations difficulties, and Canada was able to play an active role as a middle power on the international stage. Nevertheless, the current political and legal framework is such that problems can arise from time to time in the conduct of foreign affairs, if international obligations are incurred without substantial provincial support. Prior consultations with provinces are crucial, and the formulation of treaty reservations may be necessary in some cases. The insufficient political will to better institutionalize cooperation between Ottawa and the provinces in the conduct of foreign affairs continues to be surprising, especially in the light of positive sectoral or ad hoc initiatives. The positive role that provincial paradiplomacy may play in expanding the global influence of Canada could also be better embraced. The emerging obligation to consult with Aboriginal peoples stands in stark contrast with the lack of institutionalization of federal-provincial cooperation on foreign affairs.
International Law in Chinese Courts
Authors: Cai Congyan 
Published: June 2019

Abstract
This chapter adds a Chinese perspective to the comparative study of how national courts treat international law. The chapter finds that the application of international law in Chinese courts is influenced by several major factors, including China’s ambivalence toward international law, the role that the judiciary plays in China’s national governance, and the professional competence of Chinese judges. In particular, the failure of China’s Constitution to specify the status of international law makes secondary laws less likely to embrace international law: many secondary laws do not mention international law at all; only a modest number of secondary laws automatically incorporate international law. This also means that Chinese judges are discouraged from invoking international law in adjudicating disputes. However, in line with and in support of China’s economic opening policy since the late 1970s, Chinese judges regularly apply those treaties that deal with commercial relations between private actors. A major development is that, as China rises as a great power, Chinese courts have begun to prudently become more involved in foreign relations by applying international law.
The Application of International Law by the Court of Justice of the European Union
Authors: Mendez Mario 
Published: June 2019

Abstract
This chapter assesses three key strands in the case law of the Court of Justice of the European Union concerning a central dimension of foreign relations law, namely, the application of international law. The first section focuses on how the Court has reviewed the compatibility of EU-concluded treaties or envisaged treaties with the European Union’s constitutional text and also the review of treaties concluded by the member states. Judicial review powers in relation to treaties have increasingly been included in constitutional texts, but the European Union is distinctive in that its Court of Justice has regularly been called upon to exercise this form of jurisdiction, thus offering potentially valuable foreign relations law insights for constitutional design and practice in other constitutional systems. The second section focuses on the judicial enforcement of treaties and identifies a spate of recent rulings where more international law friendly outcomes would have been possible. A briefer third section focuses on the application of customary international law and highlights in particular the high threshold set for judicial review vis-à-vis such norms. The recent judicial developments identified in each of the respective three sections of this chapter have increasingly been deployed to challenge the traditionally dominant narrative in EU law scholarship of a Court of Justice that adopts a markedly international law friendly approach.
Comparative Foreign Relations Law
Authors: Ginsburg Tom 
Published: June 2019

Abstract
This chapter considers how comparative foreign relations law might draw on the comparative study of national constitutions, an increasingly large and vital field, and sets out an agenda for future work in the area. It provides some basic data from a comparative examination of formal constitutional provisions relevant to foreign relations. In doing so, it argues that a “foreign relations lens” helps elucidate an underappreciated core purpose of these foundational texts. That is, one of the central functions of national constitutions is to structure international relations. The chapter next turns to normative considerations, showing how the shifting boundaries of constitutional design with regard to foreign relations serve to allocate lawmaking authority. There is a potential for complementarity between international and domestic regulation of some problems, but also the potential that international and domestic norms serve as substitutes for each other. An optimal constitutional design of foreign relations law would take these considerations into account.
Male Breast Cancer in the Public Imagination
Authors: Sledge Piper 
Published: June 2019

Abstract
Breast cancer in American culture is intrinsically tied to normative ideologies of femininity. Within the highly visible public discourse about breast cancer, men with the disease (both transgender and cisgender) remain nearly invisible. The very presence of breast cancer in men is unthinkable precisely because its presence challenges the association of femininity with breasts. In this chapter I explore the ways that male breast cancer emerges in public discourse in order to explore the ways in normative expectations of masculinity emerge as a narrative framework for bringing trans and cis men into the breast cancer conversation as well as the ways that masculinity is deployed differentially in representing breast cancer in these two groups of men.
The Roman Empire in the Book of Revelation
Authors: Hidalgo Jacqueline M. 
Published: June 2019

Abstract
This article surveys the study of the Roman Empire in the Apocalypse of John, particularly as illuminated by postcolonial and decolonial biblical scholarship. The discussion summarizes scholarship that describes how fantastic imagery in the Book of Revelation plays with and responds to Roman imperial histories, rituals, propaganda, and images, especially as found in the imperial cult. The article also charts contemporary scholarly debates over the meaning of Rome in Revelation, particularly as scholars have examined rhetorics of gender and power. Scholars turn to the Roman Empire as a way to decode Revelation’s imagery, like the figure of Babylon, but also to grapple with their own views on empire (ancient and modern), resistance, and the ethics of interpretation. Ultimately, this article argues that the ethics of interpreting empire should be the focus of future scholarship.
EthicsandEconomics
Authors: Davis John B. 
Published: June 2019

AbstractThis chapter examines the nature of ethics and economics as a single subject of investigation, and uses a complex systems approach to characterize the nature of that subject. It then distinguishes mainstream economic and social economic visions of it, where the former assumes that market processes encompass social processes, and the latter assumes that market processes are embedded in social processes. For each vision, strong and weak theses are compared. Both visions are first explained in terms of their respective views of the positive-normative distinction, then in terms of a central normative principle, and then in terms of their policy strategies. The chapter closes with comments on the future status of ethics and economics as a single subject of investigation.
With All Due Respect
Authors: White Mark D. 
Published: June 2019

AbstractMainstream economics is essentially utilitarian, both in the motivations it ascribes to individual decision-makers as well as in welfare economics and policy recommendations. But utilitarianism is widely criticized, especially regarding its failure to recognize the value of the individual or recognize meaningful rights. This chapter incorporates into economics the deontological moral philosophy of Immanuel Kant, which emphasizes principle and rights above preferences and welfare. After introducing the basic elements of Kant’s moral, it shows how Kantian ethics can be worked into the standard economic model of choice, allowing the agent to make principled decisions alongside prudential ones. It then surveys several areas of economics in which a Kantian approach can make a significant contribution, including instances of individual choice in which ethical factors are likely to be particularly important, as well as policy issues which are inherently ethical in nature, including the way the state intervenes in market activity.
Catholic
Authors: Henn William 
Published: June 2019

Abstract
The chapter begins by affirming the ‘irrevocable’ commitment of the Catholic Church to the ecumenical movement, noting that such a commitment represents a substantial change from the Catholic Church’s initial estimation and response. It then explains the initially negative reaction, gives an account of the factors leading up to the transformation in attitude, and documents by means of official teachings the positive reassessment and enthusiastic step that took place at the time of the Second Vatican Council, especially by means of the council’s decree on ecumenism, Unitatis Redintegratio. A final section summarizes some of the more important Catholic contributions to the ecumenical movement and identifies some particular gifts that the Catholic Church may be said to have received and to have offered in the course of its participation.
A History of Brain Asymmetry Studies
Authors: Christman Stephen D. 
Published: June 2019

Abstract
The history of the study of brain asymmetry and hemispheric specialization is reviewed, starting with Broca’s initial discovery of the left frontal basis for speech, continuing through Sperry’s work with “split-brain” patients, and ending with the componential approach that emerged in the 1980s in which the pursuit of an “ultimate dichotomy” underlying hemispheric specialization was finally abandoned and a new emphasis on hemispheric division of labor was introduced. Special emphasis is given to methodological considerations of the use of dichotic listening and tachistoscopic divided visual half-field paradigms. In addition, the topics of interhemispheric interaction and handedness are discussed, with a particular emphasis on the importance of conceptualizing handedness in terms of both direction (left versus right) and degree (strong/consistent versus mixed/inconsistent).
Erich Feuchtwanger and the Frontal Lobes
Authors: Greiffenstein Manfred F. 
Published: June 2019

Abstract
Erich Feuchtwanger’s 1923 monograph provided one of the first major descriptions of the neurobehavioral outcome of prefrontal damage. Feuchtwanger collected qualitative and quantitative data from 400 World War I veterans, 200 with penetrating wounds to prefrontal cortex, and 200 with nonfrontal damage. A data reanalysis with modern actuarial calculation showed that neurobehavioral signs associated with prefrontal caseness varied widely in prevalence and strength of association. “Witzeln” (social insensitivity) was uncommon but highly specific, while slowed processing was common but only modestly specific. Feuchtwanger’s data predate by 90 years the modern view that the prefrontal zones regulate social and emotional behaviors.
Efficacy and Safety of Acupuncture for Chronic Discogenic Sciatica, a Randomized Controlled Sham Acupuncture Trial
Authors: Huang Ziling , Liu Sixing , Zhou Jing , Yao Qin , Liu Zhishun 
Published: June 2019

AbstractObjectiveTo evaluate the efficacy and safety of acupuncture for discogenic sciatica.DesignSingle-center, parallel, randomized controlled sham acupuncture trial.MethodsTwelve sessions of acupuncture or sham acupuncture at the same traditional acupoints over four weeks. The primary outcome was change from baseline in weekly mean leg pain, measured by the visual analog scale (VAS) over the four-week treatment period. The secondary outcomes were determined by the change from baseline in mean VAS scores for leg pain, VAS scores for low back pain, Oswestry Disability Index (ODI) scores, and 36-Item Short Form Health Survey (SF-36) scores. Patients were followed for 28 weeks.ResultsForty-six patients were enrolled in this study between June 2017 and January 2018, of which 23 were in the acupuncture group and 23 were in the sham acupuncture group. The between-group difference in weekly mean leg pain measured by the VAS over the four-week treatment period was –7.28 mm (95% confidence interval = –13.76 to –0.80, P = 0.029), which is larger than the minimum clinically important difference of 5 mm. The between-group differences in mean VAS scores for low back pain, ODI scores, and SF-36 scores were not significant in the study period (P > 0.05 for all). The proportion of acupuncture-related adverse events was 4.3%, and all adverse events were mild and transient.ConclusionsTwelve sessions of acupuncture showed short-term clinical benefits in relieving the symptoms of leg pain for patients with chronic discogenic sciatica compared with sham acupuncture. Acupuncture is safe in treating chronic discogenic sciatica. Further studies with larger sample sizes, a longer treatment period, and long-term follow-up should be conducted to verify these results.
Employee Inside Debt and Firm Risk-Taking: Evidence from Employee Deposit Programs in Japan
Authors: Dasgupta Sudipto , Lin Yupeng , Yamada Takeshi , Zhang Zilong 
Published: June 2019

Abstract
Unlike broad-based equity ownership by employees, ownership of company debt by rank-and-file employees has not received much attention. We argue that company debt held by employees in the form of in-company deposits can monitor risk-taking and facilitate risk discovery. Employee deposits have been historically widely used in Japan. For a sample of 2,104 Japanese firms, using an identification strategy that utilizes a new law in 2003 that changed the priority of employee deposits in bankruptcy and led to large-scale withdrawals of employee deposits, we find that employee deposits mitigate firms’ risk-taking behavior and reduce the agency cost of debt.
Received November 2, 2018; editorial decision May 1, 2019 by Editor Andrew Ellul. Authors have furnished an Internet Appendix, which is available on the Oxford University Press Web site next to the link to the final published paper online.
Simultaneous tonic and phasic REM sleep without atonia best predicts early phenoconversion to neurodegenerative disease in idiopathic REM sleep behavior disorder
Authors: Nepozitek Jiri , Dostalova Simona , Dusek Petr , Kemlink David , Prihodova Iva , Ibarburu Lorenzo y Losada Veronika , Friedrich Latica , Bezdicek Ondrej , Nikolai Tomas , Perinova Pavla , Dall’Antonia Irene , Dusek Pavel , Ruml Martin , Ruzicka Evzen , Sonka Karel 
Published: June 2019

Abstract

Study Objectives
Rapid eye movement (REM) sleep without atonia (RWA) is the main polysomnographic feature of idiopathic REM sleep behavior disorder (iRBD) and is considered to be a promising biomarker predicting conversion to manifested synucleinopathy. Besides conventionally evaluated tonic, phasic and any RWA, we took into consideration also periods, when phasic and tonic RWA appeared simultaneously and we called this activity “mixed RWA.” The study aimed to evaluate different types of RWA, to reveal the most relevant biomarker to the conversion.

Methods
A total of 55 patients with confirmed iRBD were recruited with mean follow-up duration 2.3 ± 0.7 years. Scoring of RWA was based on Sleep Innsbruck Barcelona rules. Positive phenocoversion was ascertained according to standard diagnostic criteria during follow-up. Receiver operator characteristic analysis was applied to evaluate predictive performance of different RWA types.

Results
A total of nine patients (16%) developed neurodegenerative diseases. Yearly phenoconversion rate was 5.5%. Significantly higher amounts of mixed (p = 0.009), tonic (p = 0.020), and any RWA (p = 0.049) were found in converters. Optimal cutoffs differentiating the prediction were 16.4% (sensitivity 88.9; specificity 69.6) for tonic, 4.4% (sensitivity 88.9; specificity 60.9) for mixed, and 36.8% (sensitivity 77.8; specificity 65.2) for any RWA. With area under the curve (AUC) 0.778, mixed RWA has proven to be the best predictive test followed by tonic (AUC 0.749) and any (AUC 0.710).

Conclusions
Mixed, tonic and any RWA may serve as biomarkers predicting the conversion into neurodegenerative disease in iRBD. The best predictive value lies within mixed RWA, thus it should be considered as standard biomarker.