bluuebunny/crossref_metadata_2025_split huggingface dataset:
Introduction to SIAC Arbitration
Authors: Choong John 
Published: July 2018

Abstract
This chapter begins with a brief history of the Singapore International Arbitration Centre (SIAC) and its rules of arbitration. It covers the establishment of the SIAC and the evolution of its corporate and management structure. The chapter then identifies the key differences between the six iterations of the (standard) SIAC Rules. These include the 1991, 1997, 2007, 2010, and 2013 SIAC Rules; retrospective amendments to the 2007 and 2010 SIAC Rules; SIAC domestic arbitration rules; and bunker claims procedure, mediation–arbitration procedure, and derivatives arbitration. The chapter concludes with a graphical overview of the typical stages in an SIAC arbitration conducted under the 2016 SIAC Rules. The relevant rule for each procedure and the chapter in which it is discussed are identified in the flowchart.
Awards
Authors: Choong John 
Published: July 2018

Abstract
This chapter focuses on Singapore International Arbitration Centre (SIAC) Rules 32 to 33. Rules 32 and 33 provide the framework for the making of awards in SIAC arbitrations. Singapore law defines an award as ‘a decision of the arbitral tribunal on the substance of the dispute and includes any interim, interlocutory or partial award but excludes any orders or directions made under section 12’. Part A of the chapter considers Rule 32, which is split into twelve sub-rules, each dealing with a distinct issue relating to the issuance, content, scrutiny, effect, and the publication of awards. Part B addresses Rule 33, which allows a tribunal to correct or interpret an award that has been issued to the parties and issue an additional award.
Costs
Authors: Choong John 
Published: July 2018

Abstract
This chapter discusses Singapore International Arbitration Centre (SIAC) Rules 34 to 37. Parties negotiating a contract have to decide whether to agree to have disputes determined by municipal courts or through arbitration. Cost can be a major factor in that decision. Part A of this chapter begins with a look at the cost of arbitrating a dispute in comparison to having a dispute determined by litigation. There follows an analysis of the key features of the assessment of costs in SIAC arbitration in Part B. In Part C, the SIAC costs of arbitration are compared to the costs payable by parties in disputes administered by two of SIAC's regional competitors, the International Chamber of Commerce and Hong Kong International Arbitration Centre. Finally, Rules 34 to 37 of the SIAC Rules (2016), which govern the calculation and apportionment of the fees and expenses of an arbitral tribunal, the SIAC Secretariat, and individual party costs, are each considered in turn in parts D to G.
Miscellaneous Provisions
Authors: Choong John 
Published: July 2018

Abstract
This chapter discusses Singapore International Arbitration Centre (SIAC) Rules 38 to 41. The SIAC Rules group together a number of important miscellaneous rules. They cover the immunity of SIAC and its arbitrators from liability the acts or omissions (Rule 38); the duty of confidentiality imposed by Singapore law in the context of arbitration (Rule 39); the conclusive nature of decisions made by SIAC officers (Rule 40); the circumstances in which a party waives its rights (Rule 41.1); the means by which gaps in the rules are filled (Rule 41.2); and the status of non-English translations of the SIAC Rules (Rule 41.3).
Ad Hoc Arbitration
Authors: Choong John 
Published: July 2018

Abstract
An ad hoc arbitration can be defined as an arbitration that is not administered by an arbitral institution. With that as its definition, one may be surprised to learn that an arbitration institution can have a role to play in an ad hoc arbitration. The smooth running of an ad hoc arbitration can be facilitated by the appointment of an arbitral institution such as SIAC to perform certain limited functions and, in particular, to be on standby to step in should the process for the constitution of the tribunal or its functioning break down. The chapter begins with a brief introduction to ad hoc arbitration in Part A. The three ways in which SIAC may be called upon to support an ad hoc arbitration, and the types of services it can provide, are described in Part B.
SIAC Domestic Arbitration
Authors: Choong John 
Published: July 2018

Abstract
This chapter describes the history of the 2002 Singapore International Arbitration Centre (SIAC) Domestic Arbitration Rules. The first edition of the SIAC Rules, released in 1991, applied to all arbitrations (i.e. both international and domestic). SIAC subsequently released separate rules tailored for domestic arbitrations in May 2001 and again in September 2002. However, the SIAC Domestic Arbitration Rules were repealed on 1 July 2007 by Schedule 1 to the 2007 SIAC Rules. Thus, since 1 July 2007 there is no longer a separate body of rules for SIAC domestic arbitrations, with only one exception, namely a tribunal's power to render a summary award in favour of a claimant or counter-claimant if there is no valid defence to some or all of a claim. The 2016 SIAC Rules, however, do not have any special provisions for domestic arbitrations.
Beginnings
Authors: Lichtenstein Natalie 
Published: July 2018

Abstract
Chapter 1, Beginnings, introduces the Asian Infrastructure Investment Bank (AIIB), the book and its author. The origins of the AIIB proposal by China are discussed, along with the global economic and geo-political aspects that led to its establishment. There are comparisons to the establishment of other multilateral development banks: the World Bank, and the Inter-American Development Bank (IADB), the Asian Development Bank (AsDB), the African Development Bank (AfDB) and the European Bank for Reconstruction and Development (EBRD). The steps in the negotiating process in 2014–2015 are summarized, and presented in a table of the 57 countries that participated. The author describes her role in drafting the AIIB Charter and some of the considerations in the choice of model.
Investment Operations
Authors: Lichtenstein Natalie 
Published: July 2018

Abstract
Chapter 4, Investment Operations, presents the Charter-based framework for AIIB’s investment operations. It describes AIIB’s investment objectives: to foster sustainable economic development, create wealth and improve infrastructure connectivity, by investing in infrastructure and other productive sectors. AIIB’s types of investment operations include loans, guarantees, equity investment and technical assistance, for public sector entities and for private sector clients. Its investment operations should benefit Asia, but may be located outside of the region. Its operational principles emphasize sound banking principles, environmental and social aspects, competitive procurement, financial soundness, proper use of funds (anti-corruption) and transparency. These operational principles and AIIB’s policies are drawn from similar rules in place for other multilateral development banks, and are designed to facilitate AIIB’s cofinancing of with these other banks. Key policies are summarized and AIIB’s first phase of investment operations (through December 2017) is presented in a table.
Transitions
Authors: Lichtenstein Natalie 
Published: July 2018

Abstract
Chapter 8, Transitions, provides an inside look at how AIIB’s governing bodies were created in the transition from negotiations to establishment and operation. First, the context and considerations for the transitional arrangements are explained, for the Prospective Founding Members and for AIIB as an international organization. The legal requirements for AIIB’s actual establishment are summarized and the development of basic documents and policies is noted. Particular attention is given to the transitional arrangements for AIIB’s governing bodies (President-designate and the Boards), and the Inaugural Meetings of the Board of Governors and Board of Directors. Innovative options were developed for leadership selection, inaugural Board of Directors and prospective member representation. Tables show attendance at meetings of the Board of Governors, and how the make-up of the Board of Directors has changed.
Reflections
Authors: Lichtenstein Natalie 
Published: July 2018

Abstract
Chapter 10, Reflections, draws on the histories of AIIB’s predecessors to single out themes that may prove relevant for AIIB’s future development. Examples are taken from the stories of the World Bank, and the Inter-American Development Bank (IADB), the Asian Development Bank (AsDB), the African Development Bank (AfDB) and the European Bank for Reconstruction and Development (EBRD). Principal themes are: economic and financial environment; international relations and politics; funding; membership changes; major shareholders; clients and operations; leadership and governance; and attitudes toward change. While AIIB has been established in a world far different from the second half of the twentieth century that saw the birth of its predecessors, many of these aspects of the development of these multilateral development banks may prove similarly influential as AIIB’s future unfolds.
Introduction
Authors: Hohmann Jessie , Weller Marc 
Published: July 2018

Abstract
Although a long time in the making, the UN Declaration on the Rights of Indigenous Peoples was a detailed and substantial Document that resembled a hard-law treaty, despite being non-binding. It represented a huge achievement on the part of the non-governmental actors who campaigned for its introduction. This introductory chapter outlines the background of the negotiation process and the organization of the Commentary on the Declaration itself.
Who Are ‘Indigenous Peoples’?
Authors: Castellino Joshua , Doyle Cathal 
Published: July 2018

Abstract
This chapter assesses the question of the people and peoples to whom the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) applies, tracking the concepts of person, persons, groups, people, and peoples in international law, and the UNDRIP's contribution to these concepts. The opening section of the chapter illustrates that the status of indigenous peoples in customary international law stands closer to peoples in the continuum between minorities and peoples. Minorities, while gaining the right to protection and promotion of their group identity, do not automatically gain the right to self-determination. Indigenous peoples ought to, but their rights towards this are constrained by state interests.
The UNDRIP and Interactions with International Investment Law
Authors: Binder Christina 
Published: July 2018

Abstract
This chapter examines the relationship of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) to international investment and economic law. Interactions between international investment law and indigenous rights are becoming more frequent. On the one hand, there is a quantitative increase in foreign investments. These investments are protected by an ever denser net of bilateral investment treaties (BITs). On the other hand, indigenous peoples' territories are often resource-rich areas with significant attraction for foreign investors. This entails a considerable risk that investment projects on indigenous territories encroach upon indigenous rights. Negative consequences include detrimental impacts on indigenous peoples' relationship to their lands, environmental degradation, and pollution. These risks are even more acute, given the importance of lands for indigenous culture. Thus, indigenous rights increasingly conflict with the rights of foreign investors and show an evident need for coordination between both systems — indigenous peoples' rights and international investment law.
The UNDRIP and the Rights of Indigenous Peoples to Existence, Cultural Integrity and Identity, and Non-Assimilation
Authors: Hohmann Jessie 
Published: July 2018

Abstract
This chapter focuses on the rights to identity, existence, and non-assimilation in Articles 7(2), 8, and 43, which together enshrine rights to the protection of indigenous peoples' continued survival and existence, both physically as individuals and as cultural entities in accordance with levels of human dignity and well-being. Indigenous peoples pressed for the inclusion of such principles in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in the recognition that pre-existing international, regional, and national laws had failed to protect their survival as communities with distinct cultures, or recognise them as distinct peoples. The three provisions studied in this chapter reflect this central concern of indigenous group/cultural survival and flourishing as peoples. As such, the final agreed text of Articles 7(2), 8, and 43 must be seen as containing norms aimed at the development of existing international law, which would protect and confirm indigenous collectivities in ways not currently recognised or only now emerging.
Free, Prior, and Informed Consent in the UNDRIP
Authors: Barelli Mauro 
Published: July 2018

Abstract
This chapter addresses the norm of free, prior, and informed consent (FPIC) found in Articles 10, 19, 29(2), and 32(2). The rights to participation and consultation are crucial to guarantee the effective protection of the rights and interests of any ethno-cultural group, and represent a fundamental aspect of modern democratic societies. Accordingly, FPIC reinforces significantly the provisions of the Declaration dealing with participatory rights, and specifically those concerning the right of indigenous peoples to be consulted with regard to matters affecting them. At a minimum, FPIC requires that the relevant consultations should not be a mere formality, but, rather, should be conducted in good faith and with the objective of finding a common agreement. However, FPIC may also be understood in a more radical manner, namely one requesting that certain measures or projects should not be implemented in the absence of the consent of the indigenous people concerned.
Culture
Authors: Xanthaki Alexandra 
Published: July 2018

Abstract
This chapter examines the rights to culture in Articles 11(1), 12, 13(1), and 34. The freedom of indigenous peoples to have their indigenous identities and cultures respected has been the main incentive for their struggle and one of the main reasons for the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The recognition of indigenous cultural rights is deeply rooted in the principle of respect of the diversity and richness of their identities, the end of historical injustices committed against them, and the principle of self-determination, all of which are incorporated in the preamble of the Declaration. Unfortunately, patterns of expropriation of indigenous religious and cultural objects and neglect, even destruction of indigenous cultural manifestations, still continue. In addition, new waves of tourism beyond ‘the beaten truck’ commodify important indigenous historical and archaeological sites. It is therefore of no surprise that the protection of culture is so important in the whole text of the Declaration.
Control over Natural Resources and Protection of the Environment of Indigenous Territories
Authors: Errico Stefania 
Published: July 2018

Abstract
This chapter assesses Articles 29, 30, and 32 to consider natural resources and the environment. Article 32 bears a profound relationship with the right to self-determination and defines overall the contours and the requirements for States' disposal of natural resources, in line with the contemporary emphasis on human-rights based and participatory forms of development. The provision is in fact pivotal to enabling indigenous peoples to set and pursue their own development path and requires participation and engagement at a broader level, beyond ad-hoc consultations on specific projects. Thus, the issue of use and control of natural resources in indigenous territories should be addressed more broadly in the light of the recognition of indigenous peoples' right to determine their priorities and strategies for the development and use of their lands and territories in Article 32(1) of the Declaration.
Labour Rights
Authors: Swepston Lee 
Published: July 2018

Abstract
This chapter examines labour rights under Article 17 of the Declaration, showing that Article 17 was intended to guarantee to indigenous peoples and individuals fair and equal treatment under labour law at both the international and domestic levels. As was clear from the drafting process, Article 17 opens up the protection afforded under the wider standards adopted by the United Nations and by the International Labour Organization (ILO), among others, to indigenous and tribal peoples as they endeavour to support themselves and their families. Moreover, Article 17 reaches into existing human rights law on labour matters and incorporate those concepts in the broad and comprehensive treatment of indigenous rights covered by the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). It also draws attention to the need to apply generally applicable international labour law, as well as domestic labour law, to these peoples who so often are neglected in its application.
Reparations, Restitution, and Redress
Authors: Lenzerini Federico 
Published: July 2018

Abstract
This chapter examines rights to reparations, restitution, and redress in Articles 8(2), 11(2), 20(2), and 28. The need of taking into proper account the cultural specificity of indigenous peoples, in establishing the forms of reparation to be used with the purpose of redressing violations of their reorganized collective and/or individual human rights, seems to be adequately considered by the relevant provisions included in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). In fact, those provisions are inspired by a clear culturally driven rationale, providing a good basis for the setting up of reparatory measures which are adequate to actually restore the wrongs suffered by indigenous peoples in light of their specific expectations and needs. However, the said provisions are only written on paper, and their actual translation into concrete effective measures of reparation ultimately depends on the sensibility of the legal operators who are entrusted with their actual application and implementation in the real world.
Constraints on early star formation from the 21-cm global signal
Authors: Madau Piero 
Published: July 2018

Abstract
The tentative detection by the EDGES experiment of a global 21-cm absorption trough centred at redshift 17 opens up the opportunity to study the birth of the first luminous sources, the intensity of radiation backgrounds at cosmic dawn, the thermal and ionization history of the young intergalactic medium. Here, we focus on the astrophysical implications of the Ly α photon field needed to couple the spin temperature to the kinetic temperature of the gas at these early epochs. Under the basic assumption that the 21-cm signal is activated by extremely metal-poor stellar systems, we show that the EDGES results are consistent with an extrapolation of the declining galaxy UV luminosity density measured at $4\lesssim z\lesssim 9$ by deep Hubble Space Telescope observations. A substantially enhanced star formation rate density or new exotic sources of UV photons are not required at the redshifts of the EDGES signal. The amount of ionizing radiation produced by the same stellar systems that induce Ly α coupling is significant, of order 0.5 LyC photons per H-atom per 100 Myr. To keep hydrogen largely neutral and delay the reionization process consistently with recent Planck cosmic microwave background results, mean escape fractions of $f_{\rm esc}\lesssim 20$ per cent are required at $z$ &gt; 15.
Predicting Inpatient Length of Stay After Brain Tumor Surgery: Developing Machine Learning Ensembles to Improve Predictive Performance
Authors: Muhlestein Whitney E , Akagi Dallin S , Davies Jason M , Chambless Lola B 
Published: July 2018

Abstract

BACKGROUND
Current outcomes prediction tools are largely based on and limited by regression methods. Utilization of machine learning (ML) methods that can handle multiple diverse inputs could strengthen predictive abilities and improve patient outcomes. Inpatient length of stay (LOS) is one such outcome that serves as a surrogate for patient disease severity and resource utilization.

OBJECTIVE
To develop a novel method to systematically rank, select, and combine ML algorithms to build a model that predicts LOS following craniotomy for brain tumor.

METHODS
A training dataset of 41 222 patients who underwent craniotomy for brain tumor was created from the National Inpatient Sample. Twenty-nine ML algorithms were trained on 26 preoperative variables to predict LOS. Trained algorithms were ranked by calculating the root mean square logarithmic error (RMSLE) and top performing algorithms combined to form an ensemble. The ensemble was externally validated using a dataset of 4592 patients from the National Surgical Quality Improvement Program. Additional analyses identified variables that most strongly influence the ensemble model predictions.

RESULTS
The ensemble model predicted LOS with RMSLE of .555 (95% confidence interval, .553-.557) on internal validation and .631 on external validation. Nonelective surgery, preoperative pneumonia, sodium abnormality, or weight loss, and non-White race were the strongest predictors of increased LOS.

CONCLUSION
An ML ensemble model predicts LOS with good performance on internal and external validation, and yields clinical insights that may potentially improve patient outcomes. This systematic ML method can be applied to a broad range of clinical problems to improve patient care.