bluuebunny/crossref_metadata_2025_split huggingface dataset:
Better Regulation – An Ongoing Journey
Authors: Chase Peter , Schlosser Adam 
Published: February 2017

The Commission's new Better Regulation package represents a step forward in the European Union’s decade–long journey to bringing coherence and rationality to its legislative and regulatory process. But as the Communication on the package itself suggests, the journey is far from over.The Communication consistently emphasizes the key aspects of good regulation: quality over quantity; taking time to get proposals right; evidence–based decision making; open and continuous consultation to gather evidence from all stakeholders; rigorous impact assessments and cost–benefit analysis; applying these tools to regulatory measures as well as legislation; and implementing a robust ex–post evaluation program. It is important as well that the Secretariat General published unified and detailed guidance for Commission officials on how each step of the regulatory process should work, with a “tool–box” to elaborate further on these steps.All of this is good. Yet in some areas, the Commission misses opportunities to go farther down the good governance road, and in others the guidance needs to be made much more explicit.
How Confidential Negotiations of the TTIP Affect Public Trust
Authors: Abazi Vigjilenca 
Published: February 2017

“When EU Heads of States and Governments unanimously gave the European Commission a mandate to negotiate the EU–US Transatlantic Trade and Investment Partnership on 17 June 2013, they understood that these talks would become the leitmotiv of a new era in EU trade policy. However, few people would have guessed that it would primarily be because of transparency.”The public demands for more transparent EU negotiations have significantly increased, especially with regard to the EU–US negotiations of the Transatlantic Trade and Investment Partnership. For many pundits transparency in negotiations comes as a surprise, as the candid statement by the Commissioner's Malmström cabinet member illustrates, since traditionally EU negotiations almost exclusively take place behind closed doors and with almost no public disclosure of documents. Scholars have also noted how ‘remarkable’ the TTIP negotiations are for the fact that the negotiating directives were publically released, which was not a common practice before, leading someMembers of European Parliament to initiate adjudication for public disclosure of documents.
TTIP Leaks: A Welcome Opportunity for More Homework
Authors: Häberli Christian 
Published: February 2017

So the damage is done: both emperors go naked, and this at a particularly sensitive stage of the negotiations. Worse, the hegemons sit on an applecart already so full that only a “TTIP light” seems to save it from toppling, albeit at a price of losing its most precious apple: regulatory coherence, no wand forever!But wait! We may already have given up hope for transatlantic agreements on financial cooperation and data protection. Hormone beef and biotech seeds, if not feed, also look rather far away from good and risk–free regulatory solutions. And carmakers in Asia and South America may have chuckled with relief when the efforts of US and EU manufacturers of automobiles failed to define a fully harmonised, standardised and mutually recognised “TTIP Car” – after which they would have had little if any leeway for their own motors, emission limits, windscreens and safety standards.This is where the leaks may have opened a welcome window of opportunity for third countries, blinded as they apparently all are by the prospects of trade liberalisation racing ahead with megaregional steps too big for them to buy in with any hope for negotiating power.
In the Aftermath ofD’Arcy v. Myriad Genetics Inc: Patenting Isolated Nucleic Acids in Australia
Authors: Gambini Emanuela 
Published: February 2017

On 7 October 2015 the High Court of Australia unanimously allowed the appeal on D’Arcy v. Myriad Genetics Inc and ordered that claims 1, 2 and 3 of Australian Patent No 686004, entitled “In vivo mutations and polymorphisms in the 17q-linked breast and ovarian cancer susceptibility gene”, be revoked.The High Court's judgment overturned the decisions of Justice Nicholas of the Federal Court, at first instance, and the Full Federal Court. This case note provides an overview of the High Court's decision and discusses its meaning and implications for patenting isolated nucleic acids in Australia.
Endocrine Disrupting Chemical Wars: the Saga Continues: The Court Found the Commission in Failure to Act (and May Need to Strike Back Later)
Authors: Roger Apolline J.C. 
Published: February 2017

Case T-521/14, Kingdom of Sweden v European Commission, Judgment of the General Court (Third Chamber) of 16 December 2015, ECLI:EU:T:2015:976Case T-521/14 is a new stop on the perilous journey towards the appropriate regulation of endocrine disrupting chemicals. The Biocidal Product Regulation required the Commission to adopt criteria defining endocrine disrupting properties by 13 December 2013; the deadline was not respected. Even though the failure to act was obvious, the Court's reasoning in T-521/14 matters greatly. It exposes a structural weakness in the EU's risk governance system by reminding the Commission that strong private opposition to regulatory action does not justify tampering with the level of environmental or health protection set by the legislator. The now adopted criteria indicate that this lesson was not taken to heart.
Critical Approach of the Use of Economic Models in Precautionary Risk Management
Authors: Gonçalves Vasco 
Published: February 2017

In this article a synthesis of formal models for the economic interpretation of the precautionary principle is presented, with their virtualities, limitations and measures to overcome them.The concept of precaution has great relevance in environmental regulation in the European Union. On the one hand, and despite the somewhat vague nature of legislation, the interpretation of the precautionary principle has seen recent progress with the development of some economic models and their application. There is, however, a need for a regulatory framework for the implementation of this principle in environmental decision-making, i.e., to clarify concepts and management procedures that are appropriate to the nature of environmental risks.It is therefore important to know the most relevant economic approaches and models with the aim of identifying their contribution to the debate on precaution in the context of environmental risk management and discuss their practical relevance in public decision-making.
The Shape of Things to Come
Authors: Rahman K. Sabeel 
Published: February 2017

AbstractThe “sharing economy” represents a growing challenge to regulatory policy. In this article, I argue that these debates about the sharing economy are better understood as a broader normative and policy problem of updating our regulatory tools for the new dynamics of 21stcentury capitalism. The new “on-demand” economy reflects more widespread trends in the structure of business organization, driven by new developments in finance and technology. I argue that we should analyze these changes through the normative lens of the balance of economic power: what is especially troubling about the on-demand economy is the way in which it outstrips the modes of accountability and countervailing power enabled by 20thcentury labor, safety net, and economic regulations. The article then suggests key frontiers for regulatory innovation, in particular: (1) expanding regulatory oversight of concentrated market and economic power among on-demand platforms; (2) expanding the relative power of workers to counteract the concentrated power of platforms in the on-demand economy (for example by expanding safety net protections and the ability to organize collectively); and (3) by reinventing systems of collective urban planning processes in the face of the on-demand economy. All three of these focus areas for regulation would entail a variety of specific interventions, but share a common premise of rebalancing economic power in this new economy. The payoffs of these shifts would be more than an expansion of welfare or efficiency, but rather the creation of a policy regime that enables a richer form of economic freedom that achieves more genuine economic independence from domination of various kinds.
Sharing Economy and Regulatory Strategies towards Legal Change
Authors: Doménech-Pascual Gabriel 
Published: February 2017

AbstractThe rise of the sharing economy is transforming the way we produce and consume goods and services. This transformation requires a revision of current legal rules concerning sectors where the sharing economy is emerging. Taking the regulation of the taxi industry as a main example, this article analyses why those rules ought to be reviewed, the obstacles law makers have to face in order to perform such a task, and the regulatory strategies they could use for that purpose. The paper considers a variety of regulatory approaches including regulatory impact assessment, legal variation, the coexistence of different legal regimes, experimental legislation and compensation.
Towards EU Sexual Risk Regulation: Restrictions on Blood Donation as Infringement of Active Citizenship
Authors: Belavusau Uladzislau 
Published: February 2017

AbstractCase C-528/13, Léger v. Ministre des Affaires sociales, de la Santé et des Droits des femmes; Établissement français du sang [2015] ECLI: EU:C:2015:288 (Fourth Chamber).In the case of Léger commented on, the Court of Justice of the European Union dealt with a blanket ban on blood donation for men who had sexual relations with other men (MSM) in France. The Court found that such restrictions can be justified in light of specific epidemiological context and scientific knowledge available in Member States. The judgment, therefore, sheds lights on the boundaries of public health justifications, discrimination of gay and bisexual individuals, as well as the rising scope of EU sexual risk regulation. The present annotation argues that the Court has undermined the principle of non-discrimination and shows how the matter of blood donations should have been treated instead as a prerequisite of active sexual citizenship.“[T]he sanguine substance is intimately tied to both identity and public culture. Blood is a metaphor of life and of death; it fosters insider and outsider relations; it has economic clout and emblematic significance; these primal fluids are far from natural, organic, or self-evident, being imbued with cultural connotations reflecting imagined connectedness, tentative securities and demonstrable anxieties.”Jefrey A. Bennet
The Experiences of Civil Lawyers When Studying the Common Law
Authors: Fordham Margaret 
Published: February 2017

AbstractThis article examines the issues experienced by civil lawyers when studying the common law. It considers the extent of the differences between common law and civil law legal systems, examines the challenges which students from civil law jurisdictions face when first exposed to the common law, analyses the various ways in which these challenges may be met, and summarises civilians’ overall impressions of the common law.
Alliances and Contestations in the Legal Production of Space: The Case of Bali
Authors: Wardana Agung 
Published: February 2017

AbstractThe controversy over the provincial spatial planning regulation for Bali Province reflects the dynamic of Balinese society in the era of regional autonomy. The dynamic is polarised between expanding the tourism and real estate industry for economic reasons and constraining such expansion for the sake of protecting Bali’s environment and culture. Thus, the law governing space becomes an essential means to intervene in crafting the relations between competing interests over space. The application of the law itself is also complicated by the condition of legal pluralism which provides different and sometimes conflicting sources of legality to be used to justify the interests of legal actors. This article aims at highlighting how space is produced in a pluralistic legal setting and examining whose interests are served by the condition of legal pluralism in contemporary Bali. Employing socio-legal methods with Lefebvre’s conception of space and legal pluralism as an integrating analytical framework, the article contributes to the literature on spatial planning law in Indonesia that is dominated by “legal centralism” and a given notion of space.
Historicising “Law” as a Language of Progress and Its Anomalies: The Case of Penal Law Reforms in Colonial India
Authors: Shahabuddin Mohammad 
Published: February 2017

AbstractThis paper dispels the myth of liberal Enlightenment in relation to penal law reforms in colonial India by advancing two sets of argument. First, the liberal project of codification on the basis of universalist notion of utilitarianism never broke with cultural hierarchy inbuilt in the very act of colonisation. In this paper, I specifically look into the emerging phenomenon of evolutionary science in the nineteenth century – social Darwinism – to explain the dominant normative, as opposed to realist, justification of such racial hierarchy in colonial discourses since the nineteenth century. Second, using Dipesh Chakrabarty’s theoretical framework, I provincialise the penal law reform project in colonial India through the examination of literature in the field, and substantiate how the notion of utilitarian universality remained vague and unpromising in face of instrumental needs on ground – both in the colony and in the metropolis. Taken together, these propositions dispel the myth of the liberal project of penal law reforms in colonial India based on this universalist position and underscore the fallacies of the transition narrative of modernity itself.
Is Japan Ready for Enduring Powers? A Comparative Analysis of Enduring Powers Reform
Authors: Ryan Trevor 
Published: February 2017

AbstractThis article seeks to understand why the uptake of “third generation” enduring powers in Japan has been disappointing from the perspective of reformers who introduced the powers in 2000. In addition to questions about optimum design of this particular legal instrument, it is an opportunity to explore deeper questions about regulation and the role of law and the market in ageing, post-industrial societies such as Japan. First, the article explains the form that enduring powers take in Japan. Second, it presents statistics on the uptake of enduring powers. Third, the article presents possible reasons for this low uptake, including unsuitable social norms, a lack of awareness, excessive regulation, unresponsive doctrine, and entrenched judicial values. Finally, the article concludes that while these reasons all have explanatory value and are not easily disaggregated, comparative analysis presents some promising developments in Japan such as the growth in candidates to take on enduring powers who are regulated and organised through legal professions, civil society, local government, and the court system. At a deeper level, the article concludes that the fate of enduring powers turns not only on regulatory and doctrinal levers but also on the relative strengths within Japan’s continuing legal development of divergent views on the imposition of formal legal norms and market mechanisms upon relationships previously regulated by informal social norms or administrative decree.
Dishonest Assistance in Singapore and Malaysia sinceBarlow Clowes
Authors: Manley Stewart 
Published: February 2017

AbstractDetermining civil liability for dishonest assistance in breach of fiduciary duty requires courts to consider a combination of subjective and objective factors. Taking into account the person’s experience, intelligence and reasons for acting (subjective factors), did the person have sufficient knowledge of the transaction (subjective factor) so as to render participation in the transaction contrary to ordinary standards of honest behaviour (objective factor)? The piecemeal development of this test, as well as its complexity, led to inconsistency and confusion in application. In 2006, the Privy Council inBarlow Clowes International Ltd (in liq) v. Eurotrust International Ltdclarified that the person accused of dishonest assistance need not actually realise that involvement in the transaction would breach ordinary standards of honesty.This article assesses how the dishonest assistance test has been applied sinceBarlow Clowesin two Commonwealth countries: Singapore and Malaysia. The article submits that recent Singaporean and Malaysian judgments have not satisfactorily articulated the various elements of the dishonest assistance test, and thus an attempt is made to provide a clear and concise formulation of the test. The article further posits that whileBarlow Clowesindeed added badly needed clarity, it did so only with respect to the particular issue addressed by the Privy Council’s judgment. In other areas no less important – whether there is an active–passive dichotomy between dishonest assistance and knowing receipt, and the nature of wilful blindness in the non-criminal law context – fundamental questions about the contours of the test remain. The article proposes that there should not be an active–passive distinction, and that the test for wilful blindness – a type of dishonest assistance involving suspicion and turning a blind eye – should be revised to contain both subjective and objective elements.
Aircraft v. Submarines
Authors: Strain L. H. 
Published: February 2017

The Air Ministry, in granting me permission to deliver this lecture, have asked me to make it clear that “ the statements made are based entirely on my own knowledge and the opinions expressed in no way reflect the official views.” I should like to acknowledge the courtesy of the Air Ministry in giving me permission, and to say that I should be surprised if some of my opinions were in accord with the official view.Towards the end of the war, although submarines were still doing a considerable amount of damage to shipping, the Navy was rapidly getting their measure.Submarines were being sunk faster than the enemy could build ; their submarine service had been made so hazardous that it was increasingly difficult for the enemy to man their submarines and maintain the morals of the crews during attempted operations.This result was not achieved by any one arm of the Navy, nor by any particular invention, but was effected by the intensive use and close co-ordination of praqtically all the resources which the Navy could command.
Formula for Ascertaining Resistance and Effective Horse-Power (Or Tow-Rope Horse-Power) of Skimming Boats, or Hydro-Aeroplane Floats
Authors: Hope Linton 
Published: February 2017

The following formulae have been devised for ascertaining the resistance and power of skimming boats, but they are equally applicable to the floats of hydroaeroplanes, although all the examples given are of skimming boats varying from 15 to 40ft. in length, the speeds varying from just under 28 knots up to 51 knots.
It will, of course, be readily understood that the power required to overcome the resistance caused by the floats on hydro-aeroplanes is the Effective Horse-Power (E.H.P.), which is the same as the H.P. required to tow a float at any given speed; while the formula for resistance only, does not take speed into account except in the ratio of

In the examples given it will be seen that the variation between R, as ascertained from actual trials by the ordinary ship formula of and r, ascertained by the formula of is very small; while, in the case of E.H.P. from trials, and e.h.p. by the formula the maximum error—if we except example No. 5 (which is a known bad boat)— is only 0.39%, and the average for the other nine examples is 0.2% for the A type, .04% for B, and 0% for C type.
The Horizontal Wind Tunnel at East London College
Authors: Thurston A. P. , Tonnstein N. 
Published: February 2017

The horizontal wind tunnel at East London College consists of a wooden tube, .2 feet square in section by lift. 6in. long, through which air may be drawn at velocities up to 50 m.p.h. by means of a 6½ h.p. motor.
It was designed and constructed by Messrs. Cedric Lee and G. Tilghman Richards from sketches supplied by one of the authors and was modified later by the addition of a wind disperser as the result of information kindly supplied by Dr. Stanton, of the National Physical Laboratory. This disperser was added principally with the object of reducing the draught in the room and of preventing pulsations of the air current.
The tunnel is provided with a bell mouth to ease the air into it, and at the other end it is connected to the disperser by a metal duct, 3ft. 6in. long, expanding from 2ft. square to 3ft. 6in. diameter. The propeller is mounted in the enlarged end, which is cylindrical for some 7 inches, so as to draw the air through the tunnel.
Atmospheric Rotary Movements of Small Extent
Authors: Hankin E. H. 
Published: February 2017

A short summary of our knowledge of this subject may be of interest to
readers of the Aeronautical Journal.
Dust devils, that is to say, columns of dust in rapid rotation, are occasionally seen in Agra. They only occur in hot, dry weather. Those of the largest size, having a diameter of two or three metres and a height of several hundred metres, only occur when the air is nearly calm. They travel to leeward at a speed of about four to six miles per hour. The dust, having reached the upper end of the column, spreads out into a diffuse, irregular mass, which may persist for some time after the dust devil that produced it has vanished.
Fig. i is copied from a book treating of dust devils and dust storms observed at and near Lahore (India) by P. F. H. Baddeley.
He states that they are never shaped like an inverted funnel, as is the case with whirlwinds in America, as described by Redfield.
Notes on the Storage of Aircraft
Authors: Hoare P. V. 
Published: February 2017

The storage of aircraft is sometimes regarded as a matter of secondary importance, but to maintain good efficiency and reliability considerable attention must be devoted to the aircraft during the time when it is not actually in flying condition. Storage in an indiscriminate manner leads to a rapid deterioration, with a consequent financial loss and the introduction of other elements which may be exceedingly dangerous when the aircraft is afterwards flown.A complete aeroplane or seaplane, or any of its components, calls for separate and distinct methods of treatment and these methods have now been formulated, being based chiefly on experience gained by operations of trial and error.Not only the aircraft, but also the buildings in which it is proposed to store aircraft, must carefully comply with certain conditions, as however much care is taken with the aircraft, a badly constructed or unsuitable building may counteract all efforts to maintain the aircraft in a serviceable condition and be the cause of scrapping valuable machines.
On the Flight of Sea Gulls
Authors: Hankin E. H. 
Published: February 2017

In my description of soaring flight I have used the term “soarable air,” implying thereby that in air in which birds can soar some factor is present whose nature is not yet understood. That the use of this term is advisable and necessary will, I think, be admitted by anyone who will read the following account of some remarkable phenomena observed at the stern of a steamer during a dust storm in the Red Sea.In the first place it must be premised that gulls frequently find conditions suitable for soaring flight anywhere at a height of a few hundred metres above sea level, not only in tropical seas but also off the south coast of England. On the other hand, with rare exceptions, gulls are only able to soar near sea level in a curiously restricted area on the leeward side of the stern of a steamer. The passage of the steamer has caused some change in the air in virtue of which air otherwise appearing as “unsoarable” now behaves as “soarable air.”