bluuebunny/crossref_metadata_2025_split huggingface dataset:
Modelling of anisotropic elastic properties in alloy 718 built by electron beam melting
Authors: Kumara Chamara , Deng Dunyong , Moverare Johan , Nylén Per 
Published: January 2018

Owing to the inherent nature of the process, typically material produced via electron beam melting (EBM) has a columnar microstructure. As a result of that, the material will have anisotropic mechanical properties. In this work, anisotropic elastic properties of EBM built Alloy 718 samples at room temperature were investigated by using experiments and modelling work. Electron backscatter diffraction data from the sample microstructure was used to predict the Young's modulus. The results showed that the model developed in the finite element software OOF2 was able to capture the anisotropy in the Young's modulus. The samples showed transversely isotropic elastic properties having lowest Young's modulus along build direction. In addition to that, complete transversely isotropic stiffness tensor of the sample was also calculated. This paper is part of a thematic issue on Nuclear Materials.
JABAWS 2.2 distributed web services for Bioinformatics: protein disorder, conservation and RNA secondary structure
Authors: Troshin Peter V , Procter James B , Sherstnev Alexander , Barton Daniel L , Madeira Fábio , Barton Geoffrey J 
Published: January 2018

Abstract

Summary
JABAWS 2.2 is a computational framework that simplifies the deployment of web services for Bioinformatics. In addition to the five multiple sequence alignment (MSA) algorithms in JABAWS 1.0, JABAWS 2.2 includes three additional MSA programs (Clustal Omega, MSAprobs, GLprobs), four protein disorder prediction methods (DisEMBL, IUPred, Ronn, GlobPlot), 18 measures of protein conservation as implemented in AACon, and RNA secondary structure prediction by the RNAalifold program. JABAWS 2.2 can be deployed on a variety of in-house or hosted systems. JABAWS 2.2 web services may be accessed from the Jalview multiple sequence analysis workbench (Version 2.8 and later), as well as directly via the JABAWS command line interface (CLI) client. JABAWS 2.2 can be deployed on a local virtual server as a Virtual Appliance (VA) or simply as a Web Application Archive (WAR) for private use. Improvements in JABAWS 2.2 also include simplified installation and a range of utility tools for usage statistics collection, and web services querying and monitoring. The JABAWS CLI client has been updated to support all the new services and allow integration of JABAWS 2.2 services into conventional scripts. A public JABAWS 2 server has been in production since December 2011 and served over 800 000 analyses for users worldwide.

Availability and implementation
JABAWS 2.2 is made freely available under the Apache 2 license and can be obtained from: http://www.compbio.dundee.ac.uk/jabaws.
Converging and diverging needs between patients and providers who are collecting and using patient-generated health data: an integrative review
Authors: Reading Meghan J , Merrill Jacqueline A 
Published: January 2018

AbstractObjectiveThis integrative review identifies convergent and divergent areas of need for collecting and using patient-generated health data (PGHD) identified by patients and providers (i.e., physicians, nurses, advanced practice nurses, physician assistants, and dietitians).MethodsA systematic search of 9 scholarly databases targeted peer-reviewed studies published after 2010 that reported patients’ and/or providers’ needs for incorporating PGHD in clinical care. The studies were assessed for quality and bias with the Mixed-Methods Appraisal Tool. The results section of each article was coded to themes inductively developed to categorize patient and provider needs. Distinct claims were extracted and areas of convergence and divergence identified.ResultsEleven studies met inclusion criteria. All had moderate to low risk of bias. Three themes (clinical, logistic, and technological needs), and 13 subthemes emerged. Forty-eight claims were extracted. Four were divergent and twenty were convergent. The remainder was discussed by only patients or only providers.ConclusionAs momentum gains for integrating PGHD into clinical care, this analysis of primary source data is critical to understanding the requirements of the 2 groups directly involved in collection and use of PGHD.
Saving the Oceans Through Law
Authors: Harrison James 
Published: January 2018

Abstract
The oceans provide many vital ecosystem services for humankind, but the health of the world’s seas is in serious decline. The protection of the marine environment has emerged as one of the most pressing challenges for the international community. An effective solution depends upon the cooperation of all states towards achieving agreed objectives. International law plays a vital role in this process. This book provides a critical assessment of the international legal instruments that have been negotiated for the protection of the marine environment and identifies key trends in global ocean governance. Starting with a detailed analysis of the United Nations Convention on the Law of the Sea, the book explains and evaluates the main global and regional treaties and related instruments that seek to prevent, reduce, and control damage to the marine environment caused by navigation, seabed exploitation, fishing, dumping, geo-engineering, and land-based activities, as well as emerging pressures such as ocean noise, ocean acidification, and climate change. The book demonstrates how international institutions have expanded their mandates to address a broader range of marine environmental issues and to promote an ecosystems approach to regulation. It also discusses the development of diverse regulatory tools to address anthropogenic impacts on the marine environment and the extent to which States have adopted a precautionary approach in different maritime sectors. Whilst many advances have been made, the book highlights the need for greater coordination between international institutions, as well as the desirability of developing stronger enforcement mechanisms for international environmental rules.
The United Nations Convention on the Law of the Sea and the Protection and Preservation of the Marine Environment
Authors: Harrison James 
Published: January 2018

Abstract
Chapter 2 examines the way in which marine environmental protection is addressed in the United Nations Convention on the Law of the Sea (UNCLOS). UNCLOS sets out the jurisdictional framework for the law of the sea and prescribes general principles and rules relating to pollution of the marine environment and the sustainable use of marine living resources. The chapter considers the drafting history of UNCLOS. It explores the range of substantive and procedural rules on the protection of the marine environment, as well as how those provisions have been interpreted in recent judicial or arbitral proceedings. The chapter argues that UNCLOS provides a basic layer of protection for the marine environment but it also foresees the subsequent development of environmental rules and standards that are more detailed. Thus, UNCLOS should be understood as an umbrella convention that must read in light of other treaties and related instruments.
Marine Environmental Threats from Shipping
Authors: Harrison James 
Published: January 2018

Abstract
The prevention of pollution from ships as a topic is largely addressed at the global level through the International Maritime Organization (IMO). Chapter 6 analyses the main treaties in this field, including the International Convention on the Prevention of Pollution from Ships (MARPOL Convention), the International Convention on the Safety of Life at Sea (SOLAS Convention), the International Convention on Ballast Water Management, and the International Convention on Anti-Fouling Substances. The analysis addresses both the types of rules employed in the IMO treaties and the processes through which the rules are amended and updated over time. The standards prescribed by these treaties are not only relevant to their Parties but also have a wider influence through the operation of rules of reference contained in United Nations Convention on the Law of the Sea (UNCLOS). The chapter also takes into account the emergence of broader concerns relating to the impact of shipping on marine biodiversity, such as noise pollution and ship strikes and the challenges in the implementation and enforcement of international shipping standards.
Fishing and the Conservation of Marine Living Resources
Authors: Harrison James 
Published: January 2018

Abstract
Chapter 7 reviews the legal framework for the regulation of fishing in the United Nations Convention on the Law of the Sea (UNCLOS) and explains how States have developed additional rules and standards for the conservation of marine living resources at global and regional levels. In particular, the analysis considers the extent to which States have implemented a precautionary and ecosystems approach to fisheries, as well as how they have sought to adopt law-making techniques that overcome the challenges of regulating the open-access resources of the high seas. The chapter covers major developments in the international law of fisheries, including the Code of Conduct on Responsible Fisheries, the Fish Stocks Agreement, the Port State Measures Agreement, and the International Guidelines on Deep-Sea Fisheries. The role of Regional Fisheries Management Organizations (RFMOs) in implementing these instruments is considered a key feature of the law-making process. The chapter also addresses the specific regimes that apply to anadromous species, catadromous species, and marine mammals.
Foreign Investment
Authors: Bonnitcha Jonathan , Skovgaard Poulsen Lauge N , Waibel Michael 
Published: January 2018

Abstract
This chapter examines two foundational questions relating to foreign investment: why firms engage in foreign investment, and how inward foreign investment affects host states. It then examines the scope of the investment treaty regime’s coverage of different types of ‘investors’ and ‘investments’. The chapter makes a simple yet often overlooked point: whereas different types of foreign investment have different drivers and effects, investment treaties cover practically all forms of investment and all types of foreign investors. This has important implications when considering the effects of the investment treaty regime.
The Microeconomics of Investment Treaties
Authors: Bonnitcha Jonathan , Skovgaard Poulsen Lauge N , Waibel Michael 
Published: January 2018

Abstract
This chapter surveys the impact of investment treaties on decision-making at the firm and government levels. The focus is on whether investment treaties’ influence on the decisions of firms and states leads to improvements in efficiency. The first section examines the ‘hold-up’ problem, which provides the most influential and coherent microeconomic justification for the inclusion of investment protection provisions in investment treaties. The second section explores the problem of ‘fiscal illusion’ in host state decision-making, which could result in ‘over-regulation’ of foreign investment in the absence of an investment treaty. The third section considers whether investment treaties solve problems of discrimination against foreign investors, as well as the possibility that investment treaties lead to discrimination in favour of foreign investors.
Politics of Investment Treaties in Developing Countries
Authors: Bonnitcha Jonathan , Skovgaard Poulsen Lauge N , Waibel Michael 
Published: January 2018

Abstract
This chapter addresses the puzzle of why developing countries have so enthusiastically embraced investment treaties. For while investment treaties are formally reciprocal, foreign investment between developed and developing countries has traditionally flowed primarily from the former to the latter. It evaluates three potential explanations for why developing countries adopted the treaties—(i) investment promotion; (ii) promoting or tying in domestic reforms; and (iii) diplomatic and symbolic reasons. We then examine an important cross-cutting issue: the role of expertise. Regardless of the objectives that developing countries sought to achieve by adopting investment treaties, many failed to appreciate the risks and implications of the treaties. The chapter concludes by examining recent developments—including the newfound role of some developing countries as seeking rights for ‘their’ investors abroad.
The History of Article 38 of the Statute of the International Court of Justice
Authors: Spiermann Ole 
Published: January 2018

Abstract
This chapter takes a look at Article 38 of the International Court of Justice (ICJ) Statute. This article intends to define so-called sources or origins of international law to be used by the World Court. The text dates back to 1920, before the predecessor of the ICJ, i.e. the PCIJ, took up its activities. The chapter notes that since 1920, Article 38 has featured prominently in the theory on so-called sources of international law, while the provision has been of little relevance in the case law of the International Court of Justice (ICJ) and its predecessor. Based mainly on historical records, the chapter seeks an explanation, which in turn may shed new light on sources theory.
Sources in the Anti-Formalist Tradition
Authors: Baxi Upendra 
Published: January 2018

Abstract
This chapter explores the dialectics of international customary law. It argues that custom is at once a sheet anchor of public international law and its rope of sand as well. The chapter discusses aspects of chapter 9, the Third World Approaches to International Law (TWAIL) contexts of ‘custom’ as the source of international law norms and standards, the jusnaturalist invocation of custom, and the idea of a ‘future’ custom. In addition, the chapter argues that much of the TWAIL thought about resistance and renewal stands to be redirected to the varieties of imperial legal positivisms. It also asks whether the UN Charter principle-and-purposes-centric perspective is a perspective more relevant to our reconceptualization of the role of custom as a source for a future international law.
Sources in the Meta-History of International Law
Authors: Carty Anthony , Baka Anna Irene 
Published: January 2018

Abstract
This chapter criticizes the aversion to metaphysics, which essentially governs the whole history of the sources of international law. Ludwig Wittgenstein’s logical positivism and anti-metaphysics had paved the way to legal positivism, which took a new pathological turn with Hans Kelsen’s and Carl Schmitt’s fixation on ideological purity. Moreover, international legal positivism means acquiescence in coercive international relations. And the history of international law is one of continuing coercion, rooted in the racial shadow of liberalism. The chapter thus offers a critical discussion of the theory of legal obligation in Emer de Vattel, the place of imperialism in the history of international law, and the continuing mainstream discussion of unequal treaties. It then revisits the history of international law through the prism of phenomenology, thereby re-introducing the Aristotelian metaphysics of justice to the theory of international law.
Sources in Legal-Formalist Theories
Authors: Schauer Frederick 
Published: January 2018

Abstract
This chapter claims that the idea of formalism exists in literary and artistic interpretation and designates an approach that takes the text as the exclusive object of interpretation. In legal theory, formalism similarly refers to taking the indications of existing law, whether written or unwritten, as presumptive or conclusive. This holds even against arguments from morality or policy that might produce a better outcome on a particular occasion. The same idea applies to legal sources, including the sources of international law. Thus, formalism about the sources of international law is an approach that takes the existing catalogue of acceptable sources, wherever that catalogue may come from, as presumptively or conclusively exclusive, despite the fact that adding to that list on some occasion might produce a morally or pragmatically superior outcome with respect to that particular controversy or application.
Legal Theory As a Source of International Law
Authors: Scobbie Iain 
Published: January 2018

Abstract
This chapter argues that legal theory provides conceptions of the sources of international law that differ according to time and place. It employs Neil MacCormick’s explanation of institutional order to argue that conceptual understandings of law, including international law, are socially constructed. The chapter starts from John Austin’s denial that international law possesses the quality of law and then considers the function that sovereignty has played in some explanations of international law and its sources. Afterwards, the analysis focuses on the paradigm shift that Hugo Grotius introduced into natural law, and consequently into international law, by substituting consent for theology as its underpinning explanation. The chapter also considers twentieth-century transatlantic variants of natural law and examines three influential British theorists—James Brierly, Gerald Fitzmaurice, and Hersch Lauterpacht. Finally, before drawing some conclusions, the chapter examines the more instrumentalist naturalism of the New Haven School.
Legal Theory as a Source of International Law
Authors: Papaux Alain , Wyler Eric 
Published: January 2018

Abstract
This chapter observes that with treaties, customs, general principles, decisions, doctrines, and soft law, we are dealing first and foremost with signs. The very structure of signs is inference. This reveals the necessity of interpreting all sources of law. Because doctrine’s first task is interpretation, its role in understanding law is essential. Law, therefore, should not be conceived as a science; it is concerned with what is just, not what is true. From that follows the importance of auctoritas and dogmatics: law establishes values to orient practice. Centred on this practice, doctrine, which lies at the foundation of modern international law, reveals itself to be savante rather than scientific or theoretical.
Sources and the Legality and Validity of International Law
Authors: d’Argent Pierre 
Published: January 2018

Abstract
This chapter argues that, from the perspective of a theory about the sources of international law, what matters is not so much to determine whether international law is really law, but, rather, what makes law ‘international’. It first recalls the structural reasons inherent to international law that explain the specificity and the crucial character of the issue of sources—understood as a process of legal identification—in that legal order, as opposed to sources in domestic law. The chapter then contextualizes Article 38 of the International Court of Justice (ICJ) Statute by recalling its specific purpose; that is, determining and delimiting international legality. Finally, the chapter questions whether and to what extent a theory of sources really achieves its objective of determining what unequivocally counts as international law. The chapter thus brings to light the awkward fact that international legality is not necessarily normatively exclusive.
Sources and the Hierarchy of International Law
Authors: Prost Mario 
Published: January 2018

Abstract
This chapter maintains that the doctrine of sources is constructed around a set of shared intuitions and accepted wisdom. One of them is that there exists no hierarchy among sources of international law and that these are, to all intents and purposes, of equal rank and status. The chapter takes a critical look at this ‘non-hierarchy’ thesis, arguing that it is descriptively problematic as it tends to conceal the fact that international legal actors (States, judges, scholars) constantly establish more or less formalized hierarchies of worth and status among law-making processes. These are, admittedly, soft and transient hierarchies that very much depend on contexts, circumstances, the identity of the legal subjects, and the projects they pursue. But these are hierarchies nonetheless inasmuch as that they involve a differentiation of sources ‘in a normative light’.
Sources and the Normativity of International Law
Authors: von Daniels Detlef 
Published: January 2018

Abstract
This chapter finds that questioning the normativity of the sources of international law inevitably leads into the domain of legal philosophy. For showing that legal philosophy itself is a contested field of approaches, a hermeneutic perspective on the question of normativity is developed that stresses historical and contextual forms of understanding. Incidentally, Kelsen’s theory serves as a switchboard to relate a variety of historical debates to the contemporary discourse in the tradition of analytical jurisprudence. In practical terms, the relevance of this approach is discussed regarding three contested topics: the status of general principles, soft law, and practical reasoning. The historical and theoretical awareness thus achieved provides reasons to oppose contemporary attempts to moralize the legal point of view.
Sources and the Subjects of International Law
Authors: McCorquodale Robert 
Published: January 2018

Abstract
This chapter explores the range of participants involved in international law-making, including corporations, non-State armed groups, and non-governmental organizations, in addition to States and international organizations. The approach taken in this chapter is that of global legal pluralism, which recognizes that there can be multiple actors participating in a legal system to create law, and which accepts disparities in powers. In addition, the chapter indicates that the terminology of ‘subjects’ is deeply problematic in international law and should be abandoned.
Sources and the Enforcement of International Law
Authors: Shany Yuval 
Published: January 2018

Abstract
This chapter analyses the sources of law used by international law-enforcing bodies. It discusses the practice of international and domestic bodies and juxtaposes the sources of international law norms on which such bodies rely with the list of international law sources found in Article 38 (1) of ICJ Statute. The chapter offers in this connection two interrelated surveys: a categorization of the main bodies that engage in international law enforcement, and an overview of the process of law enforcement pertaining to two particular sets of norms. These surveys underlie the contention that Article 38 does not necessarily predict well which international law norms are likely to be invoked in practice by law-enforcement bodies. The chapter concludes with a discussion of some of the explanations for the differences between the general list of sources of international law and the sources relied upon by international law-enforcement bodies.
Sources of International Environmental Law
Authors: Redgwell Catherine 
Published: January 2018

Abstract
This chapter considers the applicability to environmental problems of the traditional sources of international law, using as the starting point the formal sources enumerated in Article 38 of the International Court of Justice (ICJ) Statute. It notes that leading treatises on international environmental law (IEL) and the account of the formal sources of IEL will likely start along the traditional positivist lines of Article 38. This chapter adheres to this practice to an extent—by discussing treaties, customary international law, and general principles. However, the discussion also moves on to, amongst other things, innovative methods of law creation, the dynamic evolution of environmental treaty texts, and the specific role played by soft law in the development and application of international environmental norms. The chapter concludes that, nonetheless, as a branch of general international law, the sources of international environmental law are the same.