bluuebunny/crossref_metadata_2025_split huggingface dataset:
Health
Authors: Burci Gian Luca 
Published: July 2019

Abstract
This chapter provides an overview of the conception, negotiation, and normative development of the WHO Framework Convention for Tobacco Control (FCTC) based on the professional experience of the author, a former Legal Counsel of WHO. The FCTC must be appreciated against the background of the normative role of WHO and its reluctance to use international lawmaking as a tool for global health governance. The FCTC is a groundbreaking instrument for the protection and promotion of public health; it was conceived as a framework convention in order to accommodate diverse regulatory measures at national and international levels and to create a normative space to facilitate progressive agreement on evidence-based interventions. The negotiation of the convention as well as of its Protocol on Illicit Trade in Tobacco Products was influenced by the relative lack of treaty-making experience on the part of public health officials in national delegations and by the uncompromising hostility of the tobacco control community against the tobacco industry. The resulting tension with strong commercial interests linked to tobacco trade led to a number of difficult and sometimes awkward compromises. At the same time, it led to the establishment of a strong institutional framework that has been instrumental in developing the FCTC through the adoption of far-reaching guidelines and the monitoring of compliance. Notwithstanding its success, there has been no serious discussion in WHO on the negotiation of new conventions, and the FCTC may remain an isolated achievement enabled by a unique set of circumstances.
The Committees on Human Rights and Economic, Social and Cultural Rights
Authors: Keller Helen , Heri Corina 
Published: July 2019

Abstract
The Human Rights Committee and the Committee on Economic, Social and Cultural Rights are treaty-implementing—and not treaty-making—bodies. However, they have an essential role to play in monitoring states’ compliance with their respective treaties and developing the standards under these instruments. In fact, it can be argued that innovative approaches taken by these two bodies have aided significant leaps in the protection of human rights internationally and have led the two committees to play a leading role in terms of treaty development. This chapter explores the ways in which the two bodies, through their various methods of work, have contributed to the further development of the conceptual framework of human rights as a “special” treaty regime.
International Criminal Law
Authors: Abtahi Hirad , Kirsch Philippe 
Published: July 2019

Abstract
By virtue of its longevity, territorial scope, mandate, and resources, the UN has been pivotal in the development of international criminal justice. While its contribution has been mostly institutional, in terms of genesis, establishment, and functioning of international and hybrid criminal courts, the UN has also shaped their procedural and substantive law. Starting with the first to be established—the ad hoc tribunals—the UN Security Council, acting under Chapter VII, adopted the International Criminal Tribunal for the former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR) statutes and fully managed them. To a lesser extent, the same could be said of Timor Leste’s Special Panel for Serious Crimes. Regarding the creation of hybrid criminal courts, that is, the Extraordinary Chambers in the Courts of Cambodia (ECCC), Special Court for Sierra Leone (SCSL), and Special Tribunal for Lebanon (STL), the UN served as a bilateral treaty-making forum for the negotiation and conclusion of UN-member states’ agreements. Through the ICTY completion strategy and rule 11bis, the UN also internationalized domestic courts (War Crimes Chambers) to enhance national judicial capacity building to prosecute international crimes. Finally, the UN served as the ultimate multilateral treaty-making body in the ICC’s half-century-long creation; starting with the Genocide Convention, and continuing with the ILC and subsequent negotiations leading to the adoption of the ICC Statute, which created a complex institutional and jurisdictional relationship with the UN. Institutionally, this has included cooperation and judicial assistance, dispute settlement functions, UN treaty functions, and adherence to the UN common system. Jurisdictionally, this has involved Chapter VII referrals and deferrals and jurisdiction over a range of crimes close to other UN created tribunals.
International Commercial Arbitration
Authors: Montineri Corinne 
Published: July 2019

Abstract
Arbitration has long been deeply rooted in the ideals of a universal organization, going back to the Covenant of the League of Nations. The United Nations has contributed to the development of international commercial arbitration over the past decades. The United Nations Commission on International Trade Law (UNCITRAL) has promoted and developed various legal instruments in international commercial arbitration. Noteworthy, two conventions have been adopted by the United Nations: the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) and the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration, also known as the Mauritius Convention on Transparency. This chapter provides a cross-cutting thematic analysis of the genesis, procedural history, and implementation of the two conventions. It further provides an assessment of whether they have been successful, and of the challenges that continue to be faced in their successful implementation. The chapter also briefly provides insights on the way forward, in light of the convention on international settlement agreements resulting from mediation finalized by UNCITRAL at its 51st session, in 2018, and the work undertaken by UNCITRAL on possible reform of the investor-state dispute settlement regime.
The Negotiation of Multilateral Treaties at the United Nations a negotiator’s view
Authors: Wood Sir Michael 
Published: July 2019

Abstract
This chapter reviews options for treaty-making at the UN from the point of view of negotiating parties. The focus is on the negotiation of treaties within the UN itself, with examples taken from a range of UN organs, rather than from codification conferences. A large number of treaties have been negotiated within or under the auspices of various UN organs, and a variety of processes and rules of procedure have been employed. The roles of the UN Secretariat and the UN International Law Commission (ILC) are highlighted. Each negotiation is different, and flexibility is of the essence. The importance of good preparation, choice of decision-making procedures, and the human element is emphasized. The UN remains at the heart of multilateral treaty-making, including as regards “law-making” treaties.
The Role of the Secretary-General of the United Nations as Depositary of Multilateral Treaties
Authors: Hinojal-Oyarbide Arancha 
Published: July 2019

Abstract
While the responsibilities of the depositary of a multilateral treaty are indispensable to the treaty functioning, the role of the depositary is commonly unknown. The chapter discusses the role and key features of the practice of the UN Secretary-General, as depositary of multilateral treaties, in the aspects that correspond to the general depositary functions as codified in the Vienna Convention on the Law of Treaties. Beginning at the turn of the century, the UN Secretary-General—by far the largest depositary in the world—began to engage in initiatives that have modernized and expanded the traditional depositary role. The UN Secretary-General has increasingly been involved in treaty-making during treaty negotiations, and in promoting participation in and dissemination of UN treaties, including through treaty events. The chapter also discusses key features of the depositary role in those aspects that are more innovative and peculiar to the UN Secretary-General.
Germany
Authors: Dilling Olaf , Köck Wolfgang 
Published: July 2019

AbstractThis chapter examines the main characteristics of German environmental law. It first explains how powers are allocated with regards to environmental law in Germany, focusing on environmental protection as a so-called national objective, anchored in the German Federal Constitution, the Basic Law (Grundgesetz); the devolution of legislative and executive competences with respect to German environmental law; and how the law is shaped by international obligations. The discussion then turns to the structure and substance of German environmental law, particularly as it applies to air pollution control, water management and water protection, waste management, nature and species protection, and nuclear energy. The chapter concludes with an analysis of the implementation framework for German environmental law, taking into account how the government resorts to the concept of ‘normative concretization’ to address implementation-related issues arising from complex projects.
United States of America
Authors: Salzman James 
Published: July 2019

Abstract
This chapter examines environmental law in the United States. It begins with a discussion of the US approach to environmental law, describing it as a system striving for balance, including balance in terms of the allocation of powers between federal and state legislatures. The chapter provides an overview of the constitutional bases of US environmental law, delegation of authority to regulatory agencies, and environmental regulation in relation to private property. It then considers the structure and substance of environmental law, focusing on five pieces of legislation: Clean Air Act, Clean Water Act, National Environmental Policy Act, Resource Conservation and Recovery Act, and Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The chapter concludes with an analysis of the implementation framework and how it affects environmental law in practice, taking into account the role of agency authorities, administrative enforcement, civil remedies, criminal sanctions, and relevant provisions on citizen suits.
Waste Regulation
Authors: Jones Natalie , van Calster Geert 
Published: July 2019

Abstract
This chapter examines the structures and principles of waste management law, using several jurisdictions including China, Japan, Australia, New Zealand, the European Union, and the United States for comparison. It first provides an overview of the so-called macrostructures of waste management laws, focusing on three ways in which the broad structure of waste laws can be contrasted: centralized systems versus delegated systems, unified systems versus fragmented systems, and integrated versus specific systems. It then considers the principles of waste management law, with emphasis on approaches taken to define ‘waste’, waste hierarchy, waste streams, and waste classifications. It also describes management principles such as reduction of waste generation, treatment near the source, standards of waste treatment, prohibitions and restrictions of movement, and extended producer responsibility. Finally, it explores the emerging trend of circular economy approaches to waste management.
Regulatory Organization
Authors: Preston Brian 
Published: July 2019

Abstract
This chapter examines the institutional organization of environmental regulatory systems. It considers traditional regulatory organization in the executive branch of government as well as the roles played by the legislature, the judiciary, and the fourth integrity branch of government in the regulatory system. The chapter first provides a brief overview of regulatory organization in the modern world before explaining how the legislature shapes the institutional regulatory architecture that governs environmental protection and conservation. It then looks at three internationally prevalent types of executive regulator that are entrusted with protecting and conserving the environment: single versus multiple agencies, integrated versus function agencies, and concentrated versus devolved systems. It also describes the regulatory roles of the judicial branch of government, the fourth (integrity) branch of government, ‘third parties as surrogate regulators’ (environmental non-governmental organizations (NGOs) and community associations, specialist ‘third party surrogate regulators’), and ‘the regulated as regulator’.
Sciences, Environmental Laws, and Legal Cultures: Fostering Collective Epistemic Responsibility
Authors: Fisher Elizabeth 
Published: July 2019

Abstract
This chapter examines the roles of sciences in environmental law and the challenges created by the sciences/environmental law interface. It begins with a discussion of three roles played by the sciences in different areas of environmental law. First, the sciences can help identify environmental problems, their causes, and their possible solutions. Second, the sciences are a key component of the practice of environmental law and regulation. Third, the sciences play a symbolic role in the process of legitimizing environmental action by the state. The chapter goes on to consider the challenges involved in the interrelationship between the sciences and environmental law, the different ways in which science has been ‘contained’ as a response to those challenges, and how this leads to a failure of communities to take collective epistemic responsibility and legal culture seriously. It also explores the issue of kettling the sciences in environmental law.
Environmental Taxation
Authors: Milne Janet 
Published: July 2019

Abstract
This chapter examines the comparative merits of environmental taxation as an environmental policy instrument. It first provides a brief background on the theoretical foundation for merging environmental protection with taxation before discussing two categories of environmental taxation instruments: environmental taxes (e.g. emissions or effluent taxes, product taxes, energy taxes, pollution taxes) and environmental tax expenditures (also known as tax preferences or tax incentives). It then considers the legal authority of governments to create and administer an environmental taxation instrument, along with the basic legal design features of environmental taxes. It also cites specific examples that illustrate the diversity of environmentally related taxes. Finally, it demonstrates the use of environmental taxation in practice by presenting case studies of carbon taxes in several jurisdictions such as British Columbia, Ireland, Japan, the United Kingdom, Canada, and the European Union, as well as the United States’ income tax credit for wind farms.
A Cartography of Environmental Human Rights
Authors: Kotzé Louis J. , Daly Erin 
Published: July 2019

Abstract
This chapter presents a cartography of environmental human rights, with particular emphasis on the current and potential contribution of human rights in augmenting global environmental protection and justice. It first provides a short account of the relationship between human rights and the environment, including the increased popularity of human rights as environmental protection measures, and explains the reasons the convergence between them. It then considers the historical milestones in the development of environmental human rights, along with the different manifestations of the rights-based approach (substantive political environmental rights, socio-economic environmental rights, procedural environmental rights, substantive right to a healthy environment, and rights of nature). Specific examples in international, regional, and domestic law where these forms of the rights-based approach occur are given. The chapter concludes with a discussion of three overarching criticisms of environmental human rights, one of which asserts that rights-based approaches have been ineffective in securing human rights.
Environmental Law and Criminal Law
Authors: Lees Emma 
Published: July 2019

Abstract
This chapter examines the tensions that exist between the principles of environmental law and criminal law. It first considers the ways in which environmental law and criminal law are mutually supportive and how they can complement one another by discussing the purpose of criminalization and the modes of interaction between public law and criminal law in relation to the environment. The chapter describes three ways in which criminal law interacts with different forms of the regulatory system: ‘one-step’ criminal offences, ‘two-step’ criminal offences, and ‘three-step’ criminal offences. It also explores the sanction of last resort and enforcement policy and how criminal law can be used as a substitute for environmental standards before concluding with an analysis of the conflicts in the principles of environmental law and criminal law with regards to strict liability, risk-based regulation, questions of interpretation, the harm principle, and moral certainty and symbolism.
Runaway climate cooling of ocean planets in the habitable zone: a consequence of seafloor weathering enhanced by melting of high-pressure ice
Authors: Nakayama A , Kodama T , Ikoma M , Abe Y 
Published: July 2019

ABSTRACT
Terrestrial planets covered globally with thick oceans (termed ocean planets) in the habitable zone were previously inferred to have extremely hot climates in most cases. This is because H2O high-pressure (HP) ice on the seafloor prevents chemical weathering and, thus, removal of atmospheric CO2. Previous studies, however, ignored melting of the HP ice and horizontal variation in heat flux from oceanic crusts. Here, we examine whether high heat fluxes near the mid-ocean ridge melt the HP ice and thereby remove atmospheric CO2. We develop integrated climate models of an Earth-size ocean planet with plate tectonics for different ocean masses, which include the effects of HP ice melting, seafloor weathering, and the carbonate–silicate geochemical carbon cycle. We find that the heat flux near the mid-ocean ridge is high enough to melt the ice, enabling seafloor weathering. In contrast to the previous theoretical prediction, we show that climates of terrestrial planets with massive oceans lapse into extremely cold ones (or snowball states) with CO2-poor atmospheres. Such extremely cold climates are achieved mainly because the HP ice melting fixes seafloor temperature at the melting temperature, thereby keeping a high weathering flux regardless of surface temperature. We estimate that ocean planets with oceans several tens of the Earth’s ocean mass no longer maintain temperate climates. These results suggest that terrestrial planets with extremely cold climates exist even in the habitable zone beyond the Solar system, given the frequency of water-rich planets predicted by planet formation theories.
Functional interplay between Mediator and RNA polymerase II in Rad2/XPG loading to the chromatin
Authors: Georges Adrien , Gopaul Diyavarshini , Denby Wilkes Cyril , Giordanengo Aiach Nathalie , Novikova Elizaveta , Barrault Marie-Bénédicte , Alibert Olivier , Soutourina Julie 
Published: June 2019

AbstractTranscription and maintenance of genome integrity are fundamental cellular functions. Deregulation of transcription and defects in DNA repair lead to serious pathologies. The Mediator complex links RNA polymerase (Pol) II transcription and nucleotide excision repair via Rad2/XPG endonuclease. However, the functional interplay between Rad2/XPG, Mediator and Pol II remains to be determined. In this study, we investigated their functional dynamics using genomic and genetic approaches. In a mutant affected in Pol II phosphorylation leading to Mediator stabilization on core promoters, Rad2 genome-wide occupancy shifts towards core promoters following that of Mediator, but decreases on transcribed regions together with Pol II. Specific Mediator mutations increase UV sensitivity, reduce Rad2 recruitment to transcribed regions, lead to uncoupling of Rad2, Mediator and Pol II and to colethality with deletion of Rpb9 Pol II subunit involved in transcription-coupled repair. We provide new insights into the functional interplay between Rad2, Mediator and Pol II and propose that dynamic interactions with Mediator and Pol II are involved in Rad2 loading to the chromatin. Our work contributes to the understanding of the complex link between transcription and DNA repair machineries, dysfunction of which leads to severe diseases.
Differences in proximal tubular solute clearance across common etiologies of chronic kidney disease
Authors: Wang Ke , Zelnick Leila R , Hoofnagle Andrew N , Chen Yan , de Boer Ian H , Himmelfarb Jonathan , Kestenbaum Bryan 
Published: June 2019

AbstractBackgroundLaboratory measures of glomerular function such as the glomerular filtration rate (GFR) contribute toward clinical evaluation of chronic kidney disease (CKD). However, diverse CKD etiologies have distinct pathological mechanisms that may differentially impact the kidney tubules. Little is known regarding how tubular function changes with varying kidney disease types.MethodsWe used targeted mass spectrometry to quantify paired serum and urine concentration of 11 solutes of proximal tubular secretion in 223 patients from an outpatient CKD cohort. We reviewed clinic notes to ascertain the primary CKD diagnosis and categorized these as vascular, diabetic, glomerular or tubulointerstitial. We used one-way analysis of variance to compare secretory solute clearance across diagnoses setting a false discovery threshold of ≤5% and used linear regression to compare differences after adjustments for estimated GFR, age, race, sex, body mass index and urine albumin excretion.ResultsAfter full adjustment, glomerular disease was associated with higher clearances of three tubular secretory solutes compared with vascular disease: 48% higher isovalerylglycine clearance [95% confidence interval (CI) 18–87%], 28% higher kynurenic acid clearance (95% CI 3–59%) and 33% higher tiglylglycine clearance (95% CI 7–67%). Diabetic kidney disease (DKD) was associated with 39% higher isovalerylglycine clearance compared with vascular disease (95% CI 13–72%).ConclusionGlomerular disorders and DKD are associated with higher net clearances of several secretory solutes compared with vascular causes of kidney disease. These findings suggest that different underlying etiologies of CKD may differentially impact proximal tubular secretory pathways.