bluuebunny/crossref_metadata_2025_split huggingface dataset:
‘A Risk of Irreparable Damage’: Interim Measures in Proceedings before the European Court of Human Rights
Authors: McCormick Pamela 
Published: July 2016

Abstract
Interim measures can be indicated by most international decision-making bodies which monitor compliance with human rights norms to the parties involved in the proceedings before them, in order to prevent the commission of any irreversible actions which would either preclude the proper examination of a complaint or render the final judgment meaningless. The availability of interim measures is an essential feature of any effective judicial system, particularly where fundamental rights are at stake. They play a particularly important role in proceedings before the European Court of Human Rights (‘the Court’). The volume of requests for an indication of interim measures received by the Court each year is substantial and increasing. This presents the Court with a number of legal and practical problems. This chapter examines the circumstances in which an indication of interim measures may be made, as well as the consequences of non-compliance with such an indication, although it is acknowledged that the incidence of non-compliance is low. With its recent case law, the Court has brought the existence of interim measures to the attention of a wider audience, which is desirable as only such an awareness will render the protection of Convention rights practical and effective rather than theoretical and illusory, a stated goal of the Court. However, such a wider awareness will in turn increase the volume of requests again, making it likely that the Court will in years to come have to make significant changes to the scope of requests for interim measures, as well as to its practices and procedures for considering such requests.
Regulatory Acts within Article 263(4) TFEU–A Dissonant Extension of Locus Standi for Private Applicants
Authors: Werkmeister Christoph , Pötters Stephan , Traut Johannes 
Published: July 2016

Abstract
The Treaty of Lisbon introduced an extension of locus standi for private claimants by amending Article 263(4) TFEU. The provision contains a new third variant for actions against ‘regulatory acts which do not entail implementing measures’. However, it is far from clear to what extent the existing framework has actually been reformed. The CJEU has not yet had the opportunity to define the term ‘regulatory act’. In our view, this term has to be interpreted narrowly. It merely encompasses non-legislative acts enacted under Articles 290 and 291 TFEU. Those subordinate legal acts are characterised by a lack of democratic legitimacy, which justifies a lower threshold for judicial review. Hence, the possibilities for an action for annulment remain limited for private applicants. Effective remedies against legal acts of EU law are provided primarily by the courts of the Member States. The tentative reforms brought by the Treaty of Lisbon did not change the decentralised structure of the EU’s judicial system.
The Product Liability Directive and Rome II Article 5: ‘Full Harmonisation’ and the Conflict of Laws
Authors: Whittaker Simon 
Published: July 2016

Abstract
This article considers the possible relationship between EU legislation governing private international law and legislation governing substantive law in the light of recent moves towards ‘full harmonisation’ and calls for greater consistency and coherence in European law-making. For this purpose, it considers the Product Liability Directive and the special product liability provisions in Article 5 of the Rome II Regulation on the law applicable to non-contractual obligations and asks how the understanding of ‘product liability’ compares in these two instruments, especially in relation to the distinctions between public and private law, general and special regulation and contract and tort.
The EU and Environmental Multilateralism: The Case of Access and Benefit-Sharing and the Need for a Good-Faith Test
Authors: Morgera Elisa 
Published: July 2016

AbstractThis chapter discusses the need for a good-faith test for assessing the legitimacy of ongoing and future EU initiatives aimed at contributing to the development and implementation of international environmental law. A test that is based on the international legal principle of good faith may serve to better understand when the EU is effectively supporting environmental multilateralism to the benefit of the international community, rather than seeking to unduly influence it purely for its own advantage. The test is developed mostly on the basis of EU efforts of contributing to climate change multilateralism, and is applied to a much less studied case: the adoption and implementation of the Nagoya Protocol on Access to Genetic Resources and Benefit-sharing under the Convention on Biological Diversity.
How Has the EU Protected Depositors in the Financial Crisis?
Authors: Lenihan Niall J 
Published: July 2016

AbstractThis chapter addresses the question of how the EU has protected depositors in the financial crisis. The chapter will discuss (1) the impact in Europe of the US system for the protection of depositors, (2) the important changes made to the EU Deposit Guarantee Schemes Directive, first in 2009 in response to the 2007 deposit run on Northern Rock, and then again in 2014 in response to the financial crisis, (3) the decision of the EFTA Court regarding the scope of Iceland’s obligations under the EU Deposit Guarantee Schemes Directive, following the collapse of the Icelandic banking system in 2008, and (4) the introduction of a powerful depositor preference rule throughout the EU, in response to the resolution of the Cypriot banking system in 2013. This chapter argues that the EU has responded to the impact of the financial crisis on bank depositors by enhancing the legal protections available to depositors.
Taking Private Law Rights Seriously: Of Balancing and the Jurisprudence of the Court of Justice of the European Union
Authors: Niglia Leone 
Published: July 2016

AbstractThis chapter reviews conventional understandings of the CJEU private (consumer) law jurisprudence towards overcoming the tendency to read it as if judges were just mechanically applying the relevant legislative texts (textualism). It argues that the CJEU jurisprudence revolves around the employment of balancing modes of reasoning; that it is characterised by an unresolved tension between balancing decisions that optimise rights and balancing decisions that under-optimise rights; and that scholarship should exercise vigilance, with an eye on national constitutional realms, in relation to the judges’ balancing acts towards promoting awareness over the extent of rights’ optimisation, rather than clinging on textualist readings that blind us as to what is really happening in the courtrooms.
Disagreement—Commonality—Autonomy: EU Fundamental Rights in the Internal Market
Authors: Augenstein Daniel 
Published: July 2016

Abstract
The contribution explores the implications of disagreements about rights in the ‘multi-layered’ European polity for the autonomy of EU fundamental rights law. It argues that insomuch as the EU’s weak claim to supra-national political authority is corroborated by a strong case for economic integration, the internal market operates not simply as a constraining factor in the effective realisation of fundamental rights, but provides the very foundation of their autonomous interpretation in the EU legal order. Sections II and III elaborate upon the relationship between conflicts of authority in the European legal space and the autonomous interpretation of EU fundamental rights law under conditions of political disagreement. Section IV links the argument to the often-alleged instrumentalisation of EU fundamental rights in the service of the market. Sections V and VI substantiate the guiding contention of the contribution—that the autonomy of EU fundamental rights law is rooted in the unity of the market—with an analysis of pertinent case law. The concluding section suggests that the transformation of the EU into a ‘genuine’ human rights polity must proceed through a politicisation of the market by virtue of fundamental rights law.
The Proposed Data Protection Regulation: The Illusion of Harmonisation, the Private/Public Sector Divide and the Bureaucratic Apparatus
Authors: Blume Peter , Svanberg Christian Wiese 
Published: July 2016

Abstract
The proposal for a new General Data Protection Regulation has been billed as a harbinger of increased harmonisation, better enforcement and modernised rules within the area of data protection law. Through an analysis of several central elements in the draft Regulation—and European data protection law in general—as well as an assessment of the practical implications the proposal is likely to have if adopted, this chapter challenges whether the proposal will be able to deliver the harmonised rules that have been promised. It focuses particularly on the proposed regulations scope of application, its legal architecture, the use of discretionary provisions and related issues.
It is argued that the proposal not only fails to address the root causes of why the current data protection directive (Directive 95/46) failed to bring about harmonisation and effective rules, but also looks set to transplant them into the new regulation.
Kadi and the Role of the Court of Justice of the European Union in the International Legal Order
Authors: Fikfak Veronika 
Published: July 2016

AbstractThis chapter investigates the role of the Court of Justice of the European Union (CJEU) in the international legal order in light of its decision inKadiand the forthcomingKadi II. It focuses on establishing how the Court perceives its relationship with the UN Security Council and its position in the international legal order. The CJEU’s approach is analysed by identifying the characteristics of review adopted by it as a ‘constitutional court of a municipal legal order’. In this context, the chapter reveals how the CJEU’s review resembles that employed by domestic courts seeking to give force to the same or similar actions of international institutions and shows which motives may have led the CJEU to follow the practice of national courts in constructing its relationship with the international organs. This practice is contrasted with Advocate General Bot’s desire to depart from the image of an all-powerful but isolated CJEU, a court ignorant of other legal orders. Bot insists that what the CJEU ought to do inKadi IIis adopt both a more modest, deferential role in reviewing international sanctions and a rather more active role as a participant in the international legal order.
The Law and Political Objectives of the European Neighbourhood Policy in the East: A Difficult Marriage or Singing in Unison?
Authors: Ghazaryan Nariné 
Published: July 2016

Abstract
The European Neighbourhood Policy (ENP) is inherently political in nature. The rationalistic considerations underpinning its launch and subsequent elaboration have necessarily influenced the choice of the legal framework. At the same time, the rules regulating the conduct of EU foreign policy had a reciprocal impact on policy choices made. The legislative and political developments following the ratification of the Lisbon Treaty and the regional split in the policy arguably injected new dynamics into the interaction between the political and legal aspects of the ENP.
The chapter traces the relationship between the political objectives and the legal framework of the ENP through three phases of its existence, with a focus on the eastern neighbourhood, comprising Belarus, Ukraine, Moldova and the South Caucasus, as the addressee of the exclusionary rationale of the policy. First, the formulation and the elaboration of the initiative is revisited as the first phase of the existence of the policy. The second phase concerns the ‘Eastern Partnership’ initiative established as a result of the regional split within the policy. The third phase refers to the law and political objectives of the ENP as translated into Article 8 TEU.
Harmonisation and Cooperation within the Third Pillar—Built in Risks
Authors: Asp Petter 
Published: July 2016

During the past nine years, co-operation in criminal matters within the European Union has developed in a rather fascinating way. Before the Maastricht Treaty, which entered into force in 1993, there was not much co-operation in this area at all.
During the time before Maastricht, the focus was on the creation of the internal market, on the rules on competition etc. and criminal law did not fall within the scope of the Treaties. Thus, although Community law had (and has) some implications for national criminal law and despite the fact that some conventions were agreed upon within the European Political Co-operation one cannot really say that criminal law questions were formally on the agenda before Maastricht.
DNA-PK-mediated phosphorylation of EZH2 regulates the DNA damage-induced apoptosis to maintain T-cell genomic integrity
Authors: Wang Y , Sun H , Wang J , Wang H , Meng L , Xu C , Jin M , Wang B , Zhang Y , Zhang Y , Zhu T 
Published: July 2016

AbstractEZH2 is a histone methyltransferase whose functions in stem cells and tumor cells are well established. Accumulating evidence shows that EZH2 has critical roles in T cells and could be a promising therapeutic target for several immune diseases. To further reveal the novel functions of EZH2 in human T cells, protein co-immunoprecipitation combined mass spectrometry was conducted and several previous unknown EZH2-interacting proteins were identified. Of them, we focused on a DNA damage responsive protein, Ku80, because of the limited knowledge regarding EZH2 in the DNA damage response. Then, we demonstrated that instead of being methylated by EZH2, Ku80 bridges the interaction between the DNA-dependent protein kinase (DNA-PK) complex and EZH2, thus facilitating EZH2 phosphorylation. Moreover, EZH2 histone methyltransferase activity was enhanced when Ku80 was knocked down or DNA-PK activity was inhibited, suggesting DNA-PK-mediated EZH2 phosphorylation impairs EZH2 histone methyltransferase activity. On the other hand, EZH2 inhibition increased the DNA damage level at the late phase of T-cell activation, suggesting EZH2 involved in genomic integrity maintenance. In conclusion, our study is the first to demonstrate that EZH2 is phosphorylated by the DNA damage responsive complex DNA-PK and regulates DNA damage-mediated T-cell apoptosis, which reveals a novel functional crosstalk between epigenetic regulation and genomic integrity.
Structural basis for LIN54 recognition of CHR elements in cell cycle-regulated promoters
Authors: Marceau Aimee H. , Felthousen Jessica G. , Goetsch Paul D. , Iness Audra N. , Lee Hsiau-Wei , Tripathi Sarvind M. , Strome Susan , Litovchick Larisa , Rubin Seth M. 
Published: July 2016

AbstractThe MuvB complex recruits transcription factors to activate or repress genes with cell cycle-dependent expression patterns. MuvB contains the DNA-binding protein LIN54, which directs the complex to promoter cell cycle genes homology region (CHR) elements. Here we characterize the DNA-binding properties of LIN54 and describe the structural basis for recognition of a CHR sequence. We biochemically define the CHR consensus as TTYRAA and determine that two tandem cysteine rich regions are required for high-affinity DNA association. A crystal structure of the LIN54 DNA-binding domain in complex with a CHR sequence reveals that sequence specificity is conferred by two tyrosine residues, which insert into the minor groove of the DNA duplex. We demonstrate that this unique tyrosine-mediated DNA binding is necessary for MuvB recruitment to target promoters. Our results suggest a model in which MuvB binds near transcription start sites and plays a role in positioning downstream nucleosomes.
South Pacific influence on the termination of El Niño in 2014
Authors: Imada Yukiko , Tatebe Hiroaki , Watanabe Masahiro , Ishii Masayoshi , Kimoto Masahide 
Published: July 2016

AbstractThe El Niño/Southern Oscillation (ENSO) is the dominant mode of climate variability affecting worldwide extreme weather events; therefore, improving ENSO prediction is an important issue. In this regard, a peculiar time evolution of ENSO in 2014 posed a challenge to the climate science community. Despite the observance of several precursors for a strong El Niño to develop during the summer and autumn, cold sea surface temperature (SST) anomalies appeared unexpectedly to the south of the equatorial cold tongue, which prevented development of an El Niño event in the late summer. Several hypotheses have been raised to explain the unmaterialized El Niño in 2014, but complete understanding of processes responsible for terminating this event has not yet been obtained. Here we show, using observations and extended seasonal prediction experiments with a climate model, that cold off-equatorial subsurface water in the South Pacific Ocean penetrated into the equatorial region along the slanted isopycnal surface via the mean advection, and it prevented the El Niño evolution in 2014. The negative subsurface temperature anomalies in the off-equatorial South Pacific Ocean were persistent throughout the last decade, and additional numerical simulations indicated that they contributed to the suppression of El Niño events during the 2000s.
Influence of the Madden–Julian oscillation on Tibetan Plateau snow cover at the intraseasonal time-scale
Authors: Li Wenkai , Guo Weidong , Hsu Pang-chi , Xue Yongkang 
Published: July 2016

AbstractThe Tibetan Plateau (TP), known as the third pole of the Earth, has snow cover with intraseasonal to decadal variability that affects weather and climate both inside and outside the TP. However, the factors that generate the TP snow cover (TPSC) anomalies at the intraseasonal time-scale are unclear. This report reveals the influence of the Madden‒Julian oscillation (MJO), which is the most dominant component of the tropical intraseasonal variability, on TPSC. We focus on wintertime snow cover over the central and eastern TP, where the intraseasonal variability is large. TPSC increases/decreases in the MJO phases 8‒1/4–5, when the eastward-propagating MJO suppressed/enhanced convection locates over the Maritime Continent. Such a change in TPSC leads to the most dominant positive/negative anomalies of TPSC in the following phases 2‒3/6‒7 due to the non-significant change of TPSC in these phases. There is anomalous moisture advection over the upstream of the TP caused by MJO-excited large-scale atmospheric circulation. The advection process generates the low-frequency eastward-propagating anomalous water vapour from upstream to the TP that influences precipitation and, eventually, TPSC.
Post-exposure treatment of Ebola virus disease in guinea pigs using EBOTAb, an ovine antibody-based therapeutic
Authors: Dowall Stuart D. , Bosworth Andrew , Rayner Emma , Taylor Irene , Landon John , Cameron Ian , Coxon Ruth , Al Abdulla Ibrahim , Graham Victoria A. , Hall Graham , Kobinger Gary , Hewson Roger , Carroll Miles W. 
Published: July 2016

AbstractEbola virus (EBOV) is highly pathogenic, with a predisposition to cause outbreaks in human populations accompanied by significant mortality. An ovine polyclonal antibody therapy has been developed against EBOV, named EBOTAb. When tested in the stringent guinea pig model of EBOV disease, EBOTAb has been shown to confer protection at levels of 83.3%, 50% and 33.3% when treatment was first started on days 3, 4 and 5 post-challenge, respectively. These timepoints of when EBOTAb treatment was initiated correspond to when levels of EBOV are detectable in the circulation and thus mimic when treatment would likely be initiated in human infection. The effects of EBOTAb were compared with those of a monoclonal antibody cocktail, ZMapp, when delivered on day 3 post-challenge. Results showed ZMapp to confer complete protection against lethal EBOV challenge in the guinea pig model at this timepoint. The data reported demonstrate that EBOTAb is an effective treatment against EBOV disease, even when delivered late after infection.
Gaussian-Schell analysis of the transverse spatial properties of high-harmonic beams
Authors: Lloyd David T. , O’Keeffe Kevin , Anderson Patrick N. , Hooker Simon M. 
Published: July 2016

AbstractHigh harmonic generation (HHG) is an established means of producing coherent, short wavelength, ultrafast pulses from a compact set-up. Table-top high-harmonic sources are increasingly being used to image physical and biological systems using emerging techniques such as coherent diffraction imaging and ptychography. These novel imaging methods require coherent illumination and it is therefore important to both characterize the spatial coherence of high-harmonic beams and understand the processes which limit this property. Here we investigate the near- and far-field spatial properties of high-harmonic radiation generated in a gas cell. The variation with harmonic order of the intensity profile, wavefront curvature and complex coherence factor is measured in the far-field by the SCIMITAR technique. Using the Gaussian-Schell model, the properties of the harmonic beam in the plane of generation are deduced. Our results show that the order-dependence of the harmonic spatial coherence is consistent with partial coherence induced by both variation of the intensity-dependent dipole phase as well as finite spatial coherence of the driving radiation. These findings are used to suggest ways in which the coherence of harmonic beams could be increased further, which would have direct benefits to imaging with high-harmonic radiation.
Integrating Epigenomic Elements and GWASs Identifies BDNF Gene Affecting Bone Mineral Density and Osteoporotic Fracture Risk
Authors: Guo Yan , Dong Shan-Shan , Chen Xiao-Feng , Jing Ying-Aisha , Yang Man , Yan Han , Shen Hui , Chen Xiang-Ding , Tan Li-Jun , Tian Qing , Deng Hong-Wen , Yang Tie-Lin 
Published: July 2016

AbstractTo identify susceptibility genes for osteoporosis, we conducted an integrative analysis that combined epigenomic elements and previous genome-wide association studies (GWASs) data, followed by validation at population and functional levels, which could identify common regulatory elements and predict new susceptibility genes that are biologically meaningful to osteoporosis. By this approach, we found a set of distinct epigenomic elements significantly enriched or depleted in the promoters of osteoporosis-associated genes, including 4 transcription factor binding sites, 27 histone marks, and 21 chromatin states segmentation types. Using these epigenomic marks, we performed reverse prediction analysis to prioritize the discovery of new candidate genes. Functional enrichment analysis of all the prioritized genes revealed several key osteoporosis related pathways, including Wnt signaling. Genes with high priority were further subjected to validation using available GWASs datasets. Three genes were significantly associated with spine bone mineral density, including BDNF, PDE4D, and SATB2, which all closely related to bone metabolism. The most significant gene BDNF was also associated with osteoporotic fractures. RNA interference revealed that BDNF knockdown can suppress osteoblast differentiation. Our results demonstrated that epigenomic data could be used to indicate common epigenomic marks to discover additional loci with biological functions for osteoporosis.