bluuebunny/crossref_metadata_2025_split huggingface dataset:
Effect of ruminal acidosis and short-term low feed intake on indicators of gastrointestinal barrier function in Holstein steers
Authors: Pederzolli Rae-Leigh A , Van Kessel Andrew G , Campbell John , Hendrick Steve , Wood Katie M , Penner Gregory B 
Published: January 2018

AbstractThe objective of this study was to determine effect of ruminal acidosis (RA) and low feed intake [LFI] on the regional barrier function of the gastrointestinal tract. Twenty-one Holstein steers were fed for ad libitum intake for 5 d (control [CON]), fed at 25% of ad libitum intake for 5 d (LFI), or provided 2 d of ad libitum intake followed by 1-d of feed restriction (25% of ad libitum intake), 1 d where 30% of ad libitum dry matter intake (DMI) was provided as pelleted barley followed by the full allocation (RA) and fed for ad libitum intake the following day. Tissues and digesta from the rumen, omasum, duodenum, jejunum, ileum, cecum, proximal, and distal colon were collected. Permeability was assessed using the mucosal-to-serosal flux of inulin (JMS-inulin) and mannitol (JMS-mannitol). Digesta pH was 0.81, 0.63, and 0.42 pH units less for RA than CON in the rumen, cecum, and proximal colon; while, LFI had pH that was 0.47 and 0.36 pH units greater in the rumen and proximal colon compared to CON. Total ruminal short-chain fatty acid (SCFA) concentration were less for LFI (92 mM; P = 0.010) and RA (87 mM; P = 0.007) than CON (172 mM) steers. In the proximal colon, the proportion of butyrate (P = 0.025 and P = 0.022) and isobutyrate (P = 0.019 and P = 0.019) were greater, and acetate (P = 0.028 and P = 0.028) was less for LFI and RA, respectively, when compared to CON steers. Ruminal papillae length, width, perimeter, and surface area were 1.21 mm, 0.78 mm, 3.84 mm, and 11.15 mm2 less for LFI than CON; while, RA decreased papillae width by 0.52 mm relative to CON. The JMS-mannitol was less for LFI steers than CON in the proximal colon (P = 0.041) and in the distal colon (P = 0.015). Increased gene expression for claudin 1, occludin, tight-cell junction protein 1 and 2, and toll-like receptor 4 were detected for LFI relative to CON in the rumen, jejunum, and proximal colon. For RA steers, expression of toll-like receptor 4 in the rumen, and occludin and tight-cell junction protein 1 were greater in the jejunum than CON. An acute RA challenge decreased pH in the rumen and large intestine but did not increase tissue permeability due to increases in the expression of genes related to barrier function within 1 d of the challenge. Steers exposed to LFI for 5 d had reduced ruminal SCFA concentrations, smaller ruminal papillae dimensions, and increased tissue permeability in the proximal and distal colon despite increases for genes related to barrier function and immune function.
Dumping of Waste at Sea
Authors: Harrison James 
Published: January 2018

Abstract
Chapter 5 considers how dumping of waste at sea is regulated at the international level and how the relevant norms have evolved over time in order to provide stronger protection for the marine environment. The chapter starts by considering the scope of the term dumping before looking at the relevant provisions in United Nations Convention on the Law of the Sea (UNCLOS) and other relevant treaty regimes. In particular, it focuses on the development of the 1972 London Convention on Dumping and its 1996 Protocol and how these instruments have promoted a progressively more precautionary approach to dumping at sea. Outstanding challenges in the implementation and enforcement of these treaties are highlighted. The chapter then explores how these global treaties interact with UNCLOS through the operation of rules of reference. Finally, the chapter considers what additional protection can be offered through the regulation of dumping at the regional level.
The Political Economy of the Investment Treaty Regime
Authors: Bonnitcha Jonathan , Skovgaard Poulsen Lauge N , Waibel Michael 
Published: January 2018

Abstract
Investment treaties are some of the most controversial but least understood instruments of global economic governance. Public interest in investment treaty arbitration is growing, and some developed and developing countries are beginning to revisit their investment treaty policies. This book synthesizes and advances the growing literature on the investment treaty regime by integrating legal, economic, and political perspectives. Based on an analysis of the substantive and procedural rights conferred by investment treaties, the book asks four basic questions. What are the costs and benefits of investment treaties for investors, states, and other stakeholders? Why did developed and developing countries sign the treaties? Why should private arbitrators be allowed to review public regulations passed by states? And what is the relationship between the investment treaty regime and the broader regime complex that governs international investment?
Sources of International Law in the Nineteenth-Century European Tradition
Authors: Mälksoo Lauri 
Published: January 2018

Abstract
This chapter examines how international lawyers arrived in 1920 at the codification of Article 38 in the Statute of the Permanent Court of International Justice (PCIJ, later ICJ). The codification is explained as a victory of legal positivist ideas over natural law concepts. An overview of the positions defended in the late nineteenth-century literature of international law demonstrates that the codification largely reflected predominant ideas in the European tradition of international law. Here, legal positivism had undertaken a quite successful attack against natural law. Thus, when comparing the predominant views on sources of international law in the nineteenth century and in the twenty-first century, the differences in the practice of international law must be kept in mind.
The History of Article 38 of the Statute of the International Court of Justice
Authors: Fitzmaurice Malgosia 
Published: January 2018

Abstract
This chapter analyses the history of Article 38 of the International Court of Justice (ICJ) Statute. It also seeks to reflect on the Article’s current status. The main focus of this chapter is to look at sources of international law through the prism of their historical development, including potential ‘new’ sources (acts of international organizations, unilateral acts of States, soft law) which have emerged long after the twelve ‘wise men’ of the Advisory Committee of Jurists had completed their task of drafting Article 38. The chapter also deals with the ‘classical’ sources of international law, such as customary international law and general principles of law. It takes into account how various courts and tribunals approach these sources.
Sources in the Meta-Theory of International Law
Authors: Kemmerer Alexandra 
Published: January 2018

Abstract
This chapter argues that a meta-theoretical approach to sources opens reflexive spaces, situates theories in time and space, and allows for a contextual interpretation of sources. Drawing on the hermeneutic philosophy of Hans-Georg Gadamer and the writings of his most perceptive readers in international law, the chapter develops a concept of reflexive situatedness. Following the traces of international law’s current ‘turn to interpretation’ and a reading of international law as ‘hermeneutical enterprise’, the chapter’s assessment of the limits and potentials of Gadamerian philosophical hermeneutics prepares the ground for an analysis of the writings of international lawyers who have developed theories of international legal interpretation inspired by his work. Gadamer’s conversational hermeneutics moreover opens new perspectives for a contextual theory and praxis of international legal interpretation. Such would allow for a more nuanced and dynamic understanding of sources and their interpreters within their respective interpretative communities.
Sources and the Normativity of International Law
Authors: Roughan Nicole 
Published: January 2018

Abstract
This chapter asks what role the sources of international law can play in establishing or generating the normativity of international law. While sources of law are typically treated as determinants of the validity of international legal norms, this chapter argues that the normativity of international law is not co-extensive with the idea of legal validity. The chapter first develops a series of jurisprudential arguments which treat the full normativity of law, including international law, as dependent upon both the procedural and substantive values of its norms. It then turns to international law specifically, arguing that the sources of international law can contribute towards international law’s full normativity only if they carry forward values that respect the autonomy and responsibility of those who are subject to the law. The chapter finally concludes with a discussion of the normativity-generating potential of first treaties and custom.
Sources of International Humanitarian Law and International Criminal Law
Authors: van Steenberghe Raphaël 
Published: January 2018

Abstract
This chapter analyses the specific features which characterize the sources of international humanitarian law (IHL) and international criminal law (ICL). It first examines those which are claimed to characterize IHL and ICL sources in relation to the secondary norms regulating the classical sources of international law. The chapter then looks at the specific features of some IHL and ICL sources in relation to the others of the same field. Attention is given particularly to the Rome Statute of the International Criminal Court and the impact of its features on other ICL sources, as well as to the commitments made by armed groups, whose characteristics make them difficult to classify under any of the classical sources of international law. In general, this chapter shows how all those specific features derive from the specific fundamental principles and evolving concerns of these two fields of international law.
Sources of International Trade Law
Authors: Regan Donald H. 
Published: January 2018

Abstract
International trade law is overwhelmingly treaty-based. For practical purposes, the unique traditional ‘source’ of WTO law is the WTO treaty. But treaties require interpretation, and there are many controversial questions about what might be called the ‘sources for treaty interpretation’. What materials can be used to interpret a treaty, and how are they to be used? The standard source for answering these questions, especially in the WTO, is the Vienna Convention on the Law of Treaties (VCLT). This chapter discusses a fundamental, and largely overlooked, question about the structure of the VCLT—the rationale of the distinction between Articles 31 and 32 of the VCLT. The answer is central to understanding the individual provisions of these Articles.
Sources of International Law in Domestic Law
Authors: Ryngaert Cedric 
Published: January 2018

Abstract
This chapter maintains that as both municipal and international law use legal norms to regulate social relationships, a space for inter-systemic interaction between both legal spheres emerges. Municipal legal practice can have an ‘upstream’ impact on the formation of the content of the sources of international law, where these require proof of State practice and/or opinio juris for valid norms to be generated. Particularly, domestic court decisions can have a jurisgenerative effect on customary international law, where they become part of a transnational dialogue between domestic and international courts on questions of international law determination. Admittedly, this dialogical process is hamstrung by the particularities of domestic law and the hard-to-eradicate selection bias of international law-appliers. However, a more objective comparative international law process can be grounded, geared to effective problem-solving guided by the persuasiveness and quality of reasoning of municipal court decisions relevant to international law.
Standard Form Contracts, Public Policy, and the Realms of Strict Construction and Strict Compliance
Authors: McMeel Gerard 
Published: January 2018

Abstract
This chapter introduces standard form contracts and the issues of construction to which they give rise. Such documents contain all species of contractual terms. However, in standard contractual texts the focus tends to be on exemption clauses, which have generated a great wealth of case law. The concern about standard forms generally and exemption clauses in particular is that they may not reflect a genuine bargain where the terms are drafted or chosen by one of the parties and are proffered on a ‘take-it-or-leave-it’ basis. This is particularly true of business-to-consumer dealings. However that stereotype of standard forms has been resisted where it is clear that both parties are commercial actors of relatively equal bargaining power.
Maxims
Authors: McMeel Gerard 
Published: January 2018

Abstract
This chapter explores some Latin maxims embodying supposed rules of construction. Traditional accounts of the interpretation of deeds and contracts are notoriously replete with such maxims. In the twenty-first century, when the judiciary has made it clear that the courts are less hospitable to legal Latin, it is unsurprising that once-familiar maxims are fading from the scene. Nevertheless it is necessary to examine these traditional rules in order to determine whether any of them still have a contribution to make to the construction of instruments. Moreover, it is suggested that in the modern law such canons have the potential to be reformulated in one of two ways.
Implied Terms in Fact
Authors: McMeel Gerard 
Published: January 2018

Abstract
This chapter is concerned with the terms implied in fact, concentrating on the tests which the courts have articulated and employed, and providing some representative examples. This branch of the implication of terms is grounded on ascertaining the intentions of the parties, albeit an objective approach is deployed. Accordingly the implication of such terms is similar to, but distinct from, the ordinary process of interpretation of the express terms of a written contract. The chapter introduces the theory that ‘implication in fact’ is a species or sub-branch of construction, alongside the interpretation of the express terms. However, whereas the interpretation of the express language of the contract depends upon the perspective of the reasonable person trying to make sense of the instrument, traditionally the authorities on implied terms in fact insist on a threshold standard of necessity before any term is implied into a particular contract.
Custom and Usage
Authors: McMeel Gerard 
Published: January 2018

Abstract
This chapter examines the role of custom and usage in English contract and commercial law. Traditionally, custom and practice have been trumpeted as a fruitful source of principles and rules in this field. Moreover, evidence, and in particular expert evidence, may be given of custom or usage for either of two purposes: first, as an aid to the construction of the contract, supplying evidence of the commercial background; secondly, as the source of an implied term. The chapter examines the modern developments on supplying evidence. It tackles questions as to whether the expense and formality of expert evidence is appropriate for supplying such factual matrix, as opposed to formal proof of custom.
Parties, Third Party Effects, and Clauses Precluding Assignment
Authors: McMeel Gerard 
Published: January 2018

Abstract
This chapter considers three contexts concerning the parties to the contract and the wider impact of the transaction. First, the chapter examines the rules on identifying the parties. Here, emphasis is placed on the ability to identify the parties as crucial to the question of certainty—that it is a contract that can be enforced by the courts. Secondly, this chapter considers issues of construction arising from the recent reform of privity of contract by the Contracts (Rights of Third Parties) Act 1999. Finally, it considers the efficacy of attempts by the parties to limit the transferability or assignability of the benefits created by the contract.
Rectification and Correcting Mistakes through Construction
Authors: McMeel Gerard 
Published: January 2018

Abstract
This chapter concerns the equitable remedy of rectification of documents. This remedy is one which rewrites or amends documents where there is a mismatch between the parties' actual agreement and the instrument which purports to record it. The ultimate rationale of this equitable supplement to the common law is the strongly objective approach which the law takes to the formation of contracts, and the interpretation of agreements which are reduced to writing. The primacy which English law gives to the documentary contract, coupled with the strongly objective interpretative principle, are celebrated as one of the great strengths of English contract and commercial law, promoting the virtues of certainty and predictability. Accordingly, rectification of documents to accord with the parties' mistaken belief that the written word corresponds to their actual agreement acts as a subjective qualification or ‘safety valve’ to the objective principle to meet the justice of such cases.
Time Stipulations
Authors: McMeel Gerard 
Published: January 2018

Abstract
This chapter examines contractual timetables, which are a significant source of disputes. The rules here involve issues of performance, breach, and remedies. The question whether or not time is of the essence moreover lies at the heart of this topic. In the modern law this generally equates to the question whether as a matter of construction or characterization a particular (time) stipulation is a condition or fundamental term, such as to justify termination by the other party in the event of breach. In addition, a distinct power exists where time is not initially of the essence (or it is unclear whether it is) for a party to serve post-contractual notice in appropriate cases of unreasonable delay, making time of performance of the essence, which does not depend on construction or characterization techniques.
The Integrity of the Instrument
Authors: McMeel Gerard 
Published: January 2018

Abstract
This chapter examines the approach of the courts to ‘entire agreement’ and ‘non-reliance’ clauses. Such clauses seek to protect the integrity of the instrument. Modern commercial contracts have spawned a cluster of provisions intended to protect the integrity of the written instrument itself. They do so by restricting its easy modification and the parties' recourse to extra-contractual remedies—clauses requiring variations or waivers to be in writing or evidenced by signatures of senior personnel, clauses negating reliance on statements during negotiations, and entire agreement clauses. The chapter shows that whilst these clauses cannot wholly negate the characterization of the question of whether the agreement is integrated in writing as an issue of fact, they may have the effect of making a judge more sceptical of arguments that the agreement is to be found partly inside and partly outside the four corners of a document.
Evidence and Practice
Authors: McMeel Gerard 
Published: January 2018

Abstract
This chapter describes the modern law on what is meant by ‘in writing’, a ‘document’, a ‘copy’, and a ‘signature’. Traditionally a party was usually required to prove a document by production of the original, together with the evidence of any witnesses. Such formalism is now a matter of history, as a broad and permissive approach is taken to documentary evidence in modern civil proceedings. The law of evidence had grown up in the context of a division of labour between the judge and the jury in both civil and criminal trials. By the eighteenth century a series of exclusionary rules developed to keep certain matters from the jury. These exclusions were in some accounts united by an underlying principle insisting on the ‘best evidence’ available. The chapter explores the rise of this best evidence rule and turns to the procedures for determining issues of construction.
Remedies
Authors: Bridge M G 
Published: January 2018

Abstract
This chapter deals with remedies for breach of contract to the extent that they have a particular application to international sale of goods agreements. Attention is given to termination for breach and damages. Even here, however, certain aspects (for example, penalty clauses) are left to general works on contract and sale of goods. This chapter also examines clauses in standard form contracts dealing with the quantification of money awards; they commonly depart from the common law and statutory basis for assessing damages. In addition, though they fall outside breach of contract, the chapter also looks to certain settlement clauses, operative in the event of an insolvency or of a circle appearing in the sales string.
The UN Sale Convention (CISG)
Authors: Bridge M G 
Published: January 2018

Abstract
This chapter is an overview of the Convention on the International Sale of Goods (CISG) and its general issues. As uniform law, the CISG, when implemented in the Contracting State and to the extent that it is applicable, displaces both that State's domestic law and private international law rules concerning the sale of goods. Uniform substantive law like the CISG is to be distinguished from uniform private international law conventions and from transnational regulations. The CISG lays down a substantive law to be applied regardless of where a dispute is litigated. Reservations apart, the same law will be enacted in identical terms by each Contracting State.
Remedies for Breach of Contract
Authors: Bridge M G 
Published: January 2018

Abstract
This chapter builds on the previous chapter's discussion in drawing distinctions between the CISG and English law. This time the chapter considers the remedies for a breach of contract. In the event of non-performance by one of the contracting parties, various remedies are made available to the other under the CISG, largely recognizable by a common lawyer if not always available in the circumstances and to the same extent in English law. There is, however, a major structural difference that should be observed from the outset. English law draws a sharp distinction between breach of contract and the effect on a contract of impossibility or frustrating circumstances.
The Trusteeship Council
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James 
Published: January 2018

Abstract
The Trusteeship Council was established as a principal organ of the UN and charged with responsibility for assisting in the administration and supervision of ‘trust territories’. It carried out this function in relation to 11 trust territories between 1946 and 1994. On 25 May 1994, the process of self-government or independence for the people of Palau—the last remaining trust territory—was completed. On 1 November 1994, the Trusteeship Council suspended its functioning. Despite calls for its dissolution, the Trusteeship Council remains in existence and continues to meet periodically. However, it does not carry on any substantive activity and is instead ‘reduced to a purely formal existence’. This chapter discusses the Council’s membership, procedure and meetings, functions, objectives, trust territories, non-self-governing territories, relations with other principal organs, and reform.