bluuebunny/crossref_metadata_2025_split huggingface dataset:
Japan
Authors: Wani Akihiro 
Published: July 2018

Abstract
This chapter provides an overview of the law of set-off in Japan. The Japanese Civil Code classifies set-off (along with performance, release, novation, and merger) as a mechanism for extinguishing an obligation. Set-off is not categorised as a right, altough it possesses certain characteristics that would warrant treating it as a right. The chapter first considers set-off between solvent parties, focusing on statutory and contractual set-off as well as the procedures for the exercise of set-off between solvent parties, before discussing set-off against insolvent parties. It examines legislation relevant to set-off, set-off in relation to the principle of equality among creditors, set-off against attaching creditors and against assignees, triangular set-off, and close-out netting of specified financial transactions. The chapter concludes with an analysis of cross-border issues relating to applicable law on statutory set-off, contractual set-off, and set-off in insolvency proceedings.
Mexico
Authors: Perezalonso Pablo 
Published: July 2018

Abstract
This chapter discusses the law of set-off in Mexico. Under Mexican law, the right of set-off is a form of payment of obligations by which cross-claims may be extinguished up to the amount of the smaller claim. Set-off is not treated as a security interest in Mexico. In order for a set-off to be valid, it is not necessary to satisfy the formal requirements for security interests including executing specific security agreements such as security trusts, pledges, or mortgages. The chapter first considers set-off between solvent parties, focusing on automatic set-off and contractual set-off, before analysing set-off against insolvent parties. In particular, it examines the relevant provisions of the Bankruptcy Law with respect to outstanding obligations resulting from financial derivatives, reportos, and securities lending transactions, along with the retroactivity period for such transactions. Finally, it looks at set-off issues in a cross-border context.
Poland
Authors: Butkiewicz Ewa , Barłowski Michał 
Published: July 2018

Abstract
This chapter provides an overview of the law of set-off in Poland, both outside and within the context of insolvency. Under Polish civil law, set-off is recognised as a means of meeting liabilities. It fulfils a number of functions in law, including payment and guarantee (collateral) functions. Aside from statutory set-off, a contractual set-off in trade, known as compensation (netting), exists in Poland. The chapter first considers set-off between solvent parties, focusing on statutory set-off, bank set-off, and provisions in the Act on Certain Financial Collateral Instruments that are relevant to compensation. It then examines set-off against insolvent parties, with discussions on standard provisions on set-off after a declaration of insolvency, netting provisions in the Insolvency Act, set-off under bankruptcy with possible settlement, set-off under insolvency with the liquidation of an insolvent estate, and netting under a restructuring proceeding. The chapter concludes with an analysis of issues arising in cross-border set-off.
A Comparative Guide to the Asian Infrastructure Investment Bank
Authors: Lichtenstein Natalie 
Published: July 2018

Abstract
The Asian Infrastructure Investment Bank (AIIB) opened for business in 2016, as a $100 billion multilateral development bank (MDB) that finances public and private infrastructure projects for Asia. AIIB’s founders, led by China, span Asia, Europe and the Middle East—now a global footprint. A Comparative Guide to the Asian Infrastructure Investment Bank examines AIIB through the lens of its Charter, focusing on its mandate, investment operations, membership, finance, governance, and institutional set-up. Separate chapters explain how each element matters for MDBs generally, then analyze the related AIIB text, and compare the provisions and practice of its predecessors. These chapters expound upon the reasons behind AIIB’s legal provisions and offer detailed analyses of the similarities and differences with the Charters of the World Bank and regional MDBs (principally, the African Development Bank, Asian Development Bank, European Bank for Reconstruction and Development, and the Inter-American Development Bank). Introductory and highlights chapters tell how AIIB was founded and summarize its key features. A chapter on Transitions recounts AIIB’s path from agreement to establishment. Relevant themes from MDB histories are outlined as a guide to AIIB’s future, in a chapter on Reflections. Throughout, text and tables record AIIB’s governance and decisions through December 2017. This book takes apart the AIIB Charter for the general reader and for the specialist—from the perspective of the lawyer who put it together. It’s an inside look at how this new international organization went from concept to reality, and an up-to-date comparative legal guide to MDBs.
Highlights
Authors: Lichtenstein Natalie 
Published: July 2018

Abstract
Chapter 2, Highlights, offers a survey of the key features of the AIIB Charter that define AIIB, in close comparison with the Charters of other multilateral development banks (AfDB, AsDB, EBRD, IADB and the World Bank). The highlights of the coming Chapters are summarized, offering answers to the basic questions about AIIB: Why establish AIIB? (Mandate, Chapter 3) What will AIIB do? (Investment Operations, Chapter 4) Who will join AIIB? (Membership, Chapter 5) How will AIIB be funded? (Capital and Finance, Chapter 6) How will AIIB be run? (Governance, Chapter 7) How was AIIB first set up? (Transitions, Chapter 8) How will the organization work? (Institutional Matters, Chapter 9). The Chapter concludes with some observations about heritage and innovation in the AIIB Charter, outlining principal similarities and differences with the other Charters.
Governance
Authors: Lichtenstein Natalie 
Published: July 2018

Abstract
Chapter 7, Governance, provides an in-depth look at AIIB’s three levels of governance: the Board of Governors, the Board of Directors and the President. The Chapter describes the organization, composition and powers for each level. There is a detailed explanation of the differences and similarities in comparison with the arrangements at other multilateral development banks, and a discussion of how AIIB’s arrangements related to ongoing reforms elsewhere, including the non-resident Board of Directors. Other governance-related functions that form part of AIIB’s governance framework are summarized: Compliance, Effectiveness and Integrity Unit (CEIU), Audit, Ethics, staff dispute resolution, International Advisory Panel, and transparency. The rules for AIIB’s voting power are explained, as are the rules for decision-making (including qualified majorities at the Boards). Tables list these rules and also compare AIIB’s majority decisions with similar decisions at other multilateral development banks. A table shows AIIB capital and voting power at December 2017.
Universal Jurisdiction and the Obligation to Extradite or Prosecute
Authors: Kittichaisaree Kriangsak 
Published: July 2018

Abstract
Universal jurisdiction exercised over the offenders where there is no connection between their crimes and the State wishing to extradite or prosecute them is a useful tool to prevent them from finding a safe haven anywhere. However, universal jurisdiction has been accused of being abused for political and other unjustifiable objectives. This chapter describes how the international community endeavours to solve this dilemma and charters the course of the future direction for universal jurisdiction in the context of the obligation to extradite or prosecute.
Scope of the Obligation to Extradite or Prosecute
Authors: Kittichaisaree Kriangsak 
Published: July 2018

Abstract
This chapter explains whether the obligation to extradite or prosecute is a single obligation or two separate obligations in the alternative, and whether it is a general principle of international law recognized by nations. Immunity of State officials from foreign criminal jurisdiction which can impede the implementation of the obligation to extradite or prosecute is then analysed, duly taking into account the most recent developments.
The Making of the UNDRIP
Authors: Anaya S James , Rodríguez-Piñero Luis 
Published: July 2018

Abstract
This chapter traces the development of international standards on indigenous rights, providing a historical context of normative development in which one should view the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). While rooted in centuries-long dynamics of colonial dispossession and normative debates in Western legal thought, the development of the international indigenous rights regime is an historically recent process catalysed by the emergence of indigenous peoples as political actors in the international area, and the successful re-articulation of their historical demands and strategies to fit while creatively transforming the logics and mechanisms of the late-20th century human rights machinery. The achievements of this process, as well as the tensions inherent to it, are present in a new generation of international standards, now authoritatively captured in the UNDRIP.
Relationship to Human Rights, and Related International Instruments
Authors: Scheinin Martin , Åhrén Mattias 
Published: July 2018

Abstract
This chapter analyses how the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) fits within the broader picture of international legal instruments, with specific reference to related human rights norms. In many respects, the general approach the UNDRIP takes towards indigenous rights is natural. Largely from the very day indigenous peoples' representatives started to address the UN in order to claim recognition of and respect for their rights, the focus of such claims has been on allowing indigenous peoples the possibility to preserve, maintain, and develop their own distinct societies, existing side by side with the majority society. In other words, political rights — or sovereign rights — have always been at the forefront of the indigenous rights regime. In that way, indigenous peoples' rights distinguish themselves from those that apply to minority groups that are primarily individual rights. Thus, when placing emphasis on peoples' rights, the UNDRIP follows in the tradition of the indigenous rights discourse in general, as reflected in Article 3 of the Declaration.
Media
Authors: Joyce Daniel 
Published: July 2018

Abstract
This chapter assesses Article 16's protection of the right to indigenous media, and to the participation of indigenous peoples in mainstream media. This dimension of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is significant for a number of reasons, but principally because it breaks new ground in conceptualizing ‘media rights’ not so much in terms of the traditional approach to freedom of expression or even media freedom, but rather in terms of the ability of rights holders to participate in mainstream media, and also to create and participate in indigenous media. Thus, questions of access, institutional frameworks, development concerns, and equity — which hover in the background of freedom of expression provisions — are brought front and centre.
Indigenous Peoples’ Rights to Lands, Territories, and Resources in the UNDRIP
Authors: Charters Claire 
Published: July 2018

Abstract
This chapter analyses Articles 25, 26, 27, and 10, considering land rights and land use. In articulating indigenous peoples' rights to their lands, territories, and resources, the Declaration is the most comprehensive of international instruments in this area, both confirming and developing international law. As the cases discussed in this chapter illustrate, the Declaration is being used by indigenous peoples and tribunals — especially international tribunals — as a lever to support the recognition and protection of indigenous peoples' land, territories, and resources on the ground, even where domestic law is less accommodating of indigenous peoples' rights. Ultimately, the Declaration goes some way to reversing international law's historical role as a colonial tool for the dispossession of indigenous peoples' lands, territories, and resources.
Sodium butyrate ameliorates insulin resistance and renal failure in CKD rats by modulating intestinal permeability and mucin expression
Authors: Gonzalez Austin , Krieg Richard , Massey Hugh D , Carl Daniel , Ghosh Shobha , Gehr Todd W B , Ghosh Siddhartha S 
Published: July 2018

Abstract

Background
The associated increase in the lipopolysaccharide (LPS) levels and uremic toxins in chronic kidney disease (CKD) has shifted the way we focus on intestinal microbiota. This study shows that a disruption of the intestinal barrier in CKD promotes leakage of LPS from the gut, subsequently decreasing insulin sensitivity. Butyrate treatment improved the intestinal barrier function by increasing colonic mucin and tight junction (TJ) proteins. This modulation further ameliorated metabolic functions such as insulin intolerance and improved renal function.

Methods
Renal failure was induced by 5/6th nephrectomy (Nx) in rats. A group of Nx and control rats received sodium butyrate in drinking water. The Nx groups were compared with sham-operated controls.

Results
The Nx rats had significant increases in serum creatinine, urea and proteinuria. These animals had impaired glucose and insulin tolerance and increased gluconeogenesis, which corresponded with decreased glucagon-like peptide-1 (GLP-1) secretion. The Nx animals suffered significant loss of intestinal TJ proteins, colonic mucin and mucin 2 protein. This was associated with a significant increase in circulating LPS, suggesting a leaky gut phenomenon. 5′adenosine monophosphate-activated protein kinase (AMPK) phosphorylation, known to modulate epithelial TJs and glucose metabolism, was significantly reduced in the intestine of the Nx group. Anti-inflammatory cytokine, interleukin 10, anti-bacterial peptide and cathelicidin-related antimicrobial peptide were also lowered in the Nx cohort. Butyrate treatment increased AMPK phosphorylation, improved renal function and controlled hyperglycemia.

Conclusions
Butyrate improves AMPK phosphorylation, increases GLP-1 secretion and promotes colonic mucin and TJ proteins, which strengthen the gut wall. This decreases LPS leakage and inflammation. Taken together, butyrate improves metabolic parameters such as insulin resistance and markers of renal failure in CKD animals.
Consumption of fruits and vegetables and cardiovascular mortality in renal transplant recipients: a prospective cohort study
Authors: Sotomayor Camilo G , Gomes-Neto António W , Eisenga Michele F , Nolte Ilja M , Anderson Josephine L C , de Borst Martin H , Osté Maryse C J , Rodrigo Ramón , Gans Rijk O B , Berger Stefan P , Navis Gerjan J , Bakker Stephan J L 
Published: July 2018

AbstractBackgroundIt currently remains understudied whether low consumption of fruits and vegetables after kidney transplantation may be a modifiable cardiovascular risk factor. We aimed to investigate the associations between consumption of fruits and vegetables and cardiovascular mortality in renal transplant recipients (RTRs).MethodsConsumption of fruits and vegetables was assessed in an extensively phenotyping cohort of RTRs. Multivariable-adjusted Cox proportional hazards regression analyses were performed to assess the risk of cardiovascular mortality.ResultsWe included 400 RTRs (age 52 ± 12 years, 54% males). At a median follow-up of 7.2 years, 23% of RTRs died (53% were due to cardiovascular causes). Overall, fruit consumption was not associated with cardiovascular mortality {hazard ratio [HR] 0.82 [95% confidence interval (CI) 0.60–1.14]; P = 0.24}, whereas vegetable consumption was inversely associated with cardiovascular mortality [HR 0.49 (95% CI 0.34–0.71); P &lt; 0.001]. This association remained independent of adjustment for several potential confounders. The association of fruit consumption with cardiovascular mortality was significantly modified by estimated glomerular filtration rate (eGFR; Pinteraction = 0.01) and proteinuria (Pinteraction = 0.01), with significant inverse associations in patients with eGFR &gt; 45 mL/min/1.73 m2 [HR 0.56 (95% CI 0.35–0.92); P = 0.02] or the absence of proteinuria [HR 0.62 (95% CI 0.41–0.92); P = 0.02].ConclusionsIn RTRs, a relatively higher vegetable consumption is independently and strongly associated with lower cardiovascular mortality. A relatively higher fruit consumption is also associated with lower cardiovascular mortality, although particularly in RTRs with eGFR &gt; 45 mL/min/1.73 m2 or an absence of proteinuria. Further studies seem warranted to investigate whether increasing consumption of fruits and vegetables may open opportunities for potential interventional pathways to decrease the burden of cardiovascular mortality in RTRs.
Level of Alcohol Consumption and Successful Smoking Cessation
Authors: Lynch Krystal L , Twesten Jenny E , Stern Alexandra , Augustson Erik M 
Published: July 2018

Abstract

Introduction
The negative association between heavy alcohol use and likelihood of successful smoking cessation is well established. However, evidence on the effects of moderate alcohol consumption on smoking cessation is sparse. This analysis evaluated the association between alcohol use and smoking and the interaction of alcohol use and use of pharmacotherapy interventions in relation to smoking cessation.

Methods
Data from adults (n = 923) recruited through a smoking cessation website between November 2011 and March 2012 were analyzed. Data on past-year alcohol use, tobacco use, and demographics were collected at baseline. Self-reported smoking abstinence and current alcohol use data were collected at 1 and 7 months posttreatment. Chi-square and multivariate logistic regression analyses were conducted.

Results
At 1 month, adjusted odds of continued smoking were 1.54 times greater (95% confidence interval [CI] = 1.05% to 2.23%) for moderate drinkers and 2.59 times greater (95% CI = 1.33% to 4.28%) for heavy drinkers than nondrinkers. At 7 months, adjusted odds of continued smoking were not greater for moderate drinkers than nondrinkers, and were 2.32 times greater (95% CI = 1.35% to 3.96%) among heavy alcohol drinkers than nondrinkers. At 1 month, adjusted odds of smoking cessation were 2.33 times greater (95% CI = 1.04% to 3.09%) for alcohol users assigned to nicotine replacement therapy than for those not assigned to nicotine replacement therapy. This relationship was not observed at 7 months.

Conclusions
Moderate and heavy drinking might impact smoking cessation efforts. Recent moderate drinking may be associated with short-term continued smoking and heavy drinking associated with relapse in the short and long term.

Implications
This study suggests that moderate drinking may influence the process to quit smoking. Further study is needed to better understand the implications of moderate drinking for smoking cessation. Providing information alone may not be effective in helping people abstain from drinking during smoking cessation, especially if moderate drinkers do not perceive their behavior as reducing their chance for a successful quit attempt. Tailoring smoking cessation interventions to include strategies to reduce moderate-to-heavy alcohol consumption may improve smoking cessation outcomes among alcohol users attempting to quit smoking.
Capital Markets Union
Authors: Vermeulen Erik PM 
Published: July 2018

Abstract
The Capital Markets Union (CMU) aims to strengthen capital markets and investments in the EU. The rationale behind such a union is that it is necessary to provide businesses, particularly start-up companies, with a greater choice of funding at lower cost. More generally, it is assumed that, in the long-term, greater choice increases access to finance and fosters economic growth. This chapter argues that although the CMU may be a necessary step, it has to be situated in a much broader discussion about how to create successful innovation ecosystems. Such an approach highlights the sector-specific needs of start-ups (and scale-ups) and the importance of mobilizing other players, particularly established corporations.
Modernizing the Prospectus Directive
Authors: de Jong Bas , Arons Tomas 
Published: July 2018

Abstract
On 16 May 2017, the Council adopted the Prospectus Regulation, which repeals the Prospectus Directive. The prospectus rules are an important part of the Capital Markets Union (CMU), and will apply from mid-2019. This chapter analyzes the reforms of the prospectus rules enacted in the new Prospectus Regulation. First, it provides the background and purposes of the Regulation. It then addresses the extension of the exceptions to and exemptions of the duty to publish a prospectus; the special regime for small and medium-sized companies; the reduction of the burden for secondary issues; the special regime for frequent issuers; the increased relevance of the prospectus for investors; and finally the publication of and access point for EU-prospectuses.
Small and Medium Enterprises Growth Markets
Authors: Perrone Andrea 
Published: July 2018

Abstract
In accordance with the EU's traditional focus on small and medium-sized enterprises (SME) financing and its more recent attempt to support SME access to capital markets, Directive 2014/65/EU (MiFID II) has introduced the new category of SME Growth Markets (GMs). Aimed at preserving the status quo, in which SMEs prefer second-tier exchange-regulated markets, typically in the form of multilateral trading facilities (MTFs), the MiFID II rules employ a ‘light touch’ approach. Under the new regime SME GMs: (1) constitute an optional feature of the MTF regime intended to result in a ‘specific quality label’, and (2) are subject to the rules established by each Member State as applied by the local national competent authority, within the very broad framework provided by MiFID II. This chapter argues that the MiFID II regulation pertaining to SME GMs represents a missed opportunity, if not a source of potential harm to the capital-raising efforts of SMEs.
Investor Protection in the Capital Markets Union
Authors: Colaert Veerle 
Published: July 2018

Abstract
Recent years have witnessed a tidal wave of new EU financial regulation in general and investor protection legislation in particular. The Capital Markets Union project has added a number of further initiatives. This chapter attempts to bring some order in the multitude of rules, by sorting them into three main building blocks: information, service quality requirements (conduct of business rules), and product regulation. A general trend among the three building blocks is a more cross-sectoral approach to investor protection, levelling the playing field between banking, investment, insurance, and personal pension products and services. This trend towards a more horizontal approach, although not perfect, is laudable. A challenge for EU financial regulation is to decide how far this trend should go.
A Policy Framework for European Personal Pensions?
Authors: Heemskerk Mark , Maatman René , Werker Bas 
Published: July 2018

Abstract
Pensions in the EU are vulnerable to reduced economic growth, adverse developments in financial markets, and an increasing life expectancy. The increase of the old age dependency ratio contributes to concerns about the sustainability of pension systems. Nonetheless, the pension system in the Netherlands is one of the most sustainable in the world, ranking second in the Mercer Global Pension Index. The Dutch pension sector manages a significant EUR 1400 billion in assets for pensions that are primarily funded through legally compulsory schemes related to employment pension schemes. This chapter examines whether the development of a personal pension system in Europe and in the Netherlands coincide, and if the Dutch system can contribute to a policy framework for European personal pensions. It then considers the reasons why a European market for personal pensions has been proposed.