bluuebunny/crossref_metadata_2025_split huggingface dataset:
Powers
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James 
Published: January 2018

Abstract
This chapter examines the powers or competences of the United Nations as a separate legal entity. Its possession of legal personality, its specialized agencies, and some of the separate legal entities in the UN family are concepts that are related but distinct from the powers of these bodies. The possession of international legal personality means that these bodies have their own rights and duties, and powers vested in them in their own right. However, the possession of legal personality does not define the particular powers of the organization, nor does it mean that they have plenary competence under international law or in municipal legal systems. The chapter discusses the relationship to legal personality; nature and scope; purposes and principles of the organization; division of competence between principal organs and subsidiary organs; domestic jurisdiction limitation of Article 2(7); substantive content of powers internationally and in domestic law; consequences of ultra vires acts.
Voting
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James 
Published: January 2018

Abstract
This chapter discusses voting in the General Assembly, Security Council, and Economic and Social Council (ECOSOC). Voting has become a more complex, politically charged practice with the growth in the membership of the UN and the expanding range of activities undertaken by the organization. These phenomena have also encouraged the trend of adopting decisions by consensus. The majority of resolutions in the General Assembly, the Security Council, and ECOSOC are adopted without a vote. The veto, however, remains highly controversial in the Security Council. The discussions cover the General Assembly’s right to vote and equality of votes; methods of taking decisions; voting conduct and elections; the Security Council’s procedural and non-procedural matters; veto; abstention; non-participation and absence; statements before and after the vote; announcement of vote results; adoption of resolutions and decisions by consensus and elections and the ECOSOC’s right to vote and equality of votes; and decision-making by commissions.
The Legal Personality of the United Nations
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James 
Published: January 2018

Abstract
The United Nations (UN) was created by its founding member states when they adopted the UN Charter. Therefore, the legal authority for its existence, status, and possession of legal personality is derived from the role of states as lawmakers in the international system. This chapter discusses the meaning of legal personality and basis for its possession by the UN; status as an international organization; basis for legal personality; consequences of legal personality; position in international law; position in domestic law; what is covered by the legal personality; and the independent competence of subsidiary organs to rely on the UN’s legal personality in international law and such personality granted in municipal law.
Responsibility of the United Nations
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James 
Published: January 2018

Abstract
The question of the responsibility of international organizations has been considered in depth by international bodies, and has been the subject of Draft Articles on the Responsibility of International Organizations (DARIO), finalized by the International Law Commission in 2011. However, there are aspects that remain uncertain due to the limited applicability of the principles of state responsibility to the UN, the status of DARIO as progressive development rather than codification of international law, the few express statements on responsibility in international instruments, and scant practice. This chapter discusses the Draft Articles on the Responsibility of International Organizations; attribution of conduct; allocating responsibility between the UN and member states; unequal access to dispute settlement mechanisms; immunity of the UN in national proceedings; circumstances precluding wrongfulness; consequences of a finding of responsibility; the implementation of the international responsibility of an international organization; and responsibility of the UN in peacekeeping operations.
The Financing of the United Nations
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James 
Published: January 2018

Abstract
This chapter discusses the regular budget of the UN. The UN’s regular budget includes the expenses of its principal organs—the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice, the Trusteeship Council, and the Secretariat—as well as subsidiary bodies. From tens of millions in the early years of the organization, the regular budget has grown to billions of dollars. It is composed of various parts, sections, and programmes. No funds may be transferred between different appropriation sections without the authorization of the General Assembly. The remainder of the chapter covers the authorization of programmes; formulation and examination of estimates; approval and appropriation; implementation and the Contingency Fund; audit; the Working Capital Fund; financing of peacekeeping; international tribunals; voluntary contributions; self-support; apportionment of expenses of the organization; and administrative and budgetary coordination between the UN and specialized agencies.
Electoral Assistance
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James 
Published: January 2018

Abstract
This chapter discusses the UN’s provision of electoral assistance. Electoral assistance on the part of the UN dates back to the late 1940s, with the UN observation of elections in the southern part of the Korean peninsula in 1948. During the 1960s and 1970s, the UN observed and supervised numerous elections, referenda, and plebiscites in the context of decolonization. By the 2000s, the principal form of UN electoral assistance was the provision of technical assistance. Between 1989 and 2006, 391 requests for electoral assistance had been made by 106 states. Of the 391 requests, assistance was provided in 289 cases. The discussions cover the rationale behind the provision of assistance; forms of assistance; procedure relating to the provision of assistance; UN entities involved in the provision of assistance; and the Focal Point and the Electoral Assistance Division.
Peacekeeping and other Peace Operations
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James 
Published: January 2018

Abstract
This chapter examines the UN’s peacekeeping operations. A peacekeeping operation may be defined as a UN-authorized, UN-led force made up of civilian and/or military personnel donated by states or seconded by the Secretariat, physically present in a country or countries with a view to facilitating the maintenance of peace, generally after a conflict has ceased. Many consider that for an operation to be peacekeeping, it must take place with the consent of the host state. However, this may or may not be a legal requirement, depending on the constitutional basis of the operation. The chapter discusses the fundamental characteristics of peacekeeping; categories of peacekeeping; legal basis for peacekeeping; peacekeeping and consent; peacekeeping and the use of force; peacekeeping and impartiality; functions of peacekeeping operations; UN Transitional Administrations; and the future of UN peacekeeping.
History, Application, Interpretation, and Legal Sources of the Market Abuse Regulation
Authors: Mock Sebastian 
Published: January 2018

Abstract
This chapter presents an overview of the Market Abuse Regulation (MAR). The MAR is based on the competence of the Union in Article 114 of the Treaty on the Functioning of the European Union (TFEU). The regulation of market abuse has a long history in the Union and dates back to the 1960s. As is the case for many European regulations such as this one, the Market Abuse Regulation is directly applicable and must be interpreted by the General Court of the European Court of Justice as the court of last instance. In this regard, autonomous interpretation is the core principle for the interpretation of the Market Abuse Regulation.
The Concept of Market Manipulation
Authors: Mock Sebastian 
Published: January 2018

Abstract
This chapter discusses the concept of market manipulation. In contrast to the prohibition of insider dealing, market manipulation is not a single act or set of different behaviours but more of a multi-layer phenomenon covering all kinds of behaviours generally not accepted in any market. In capital markets law, four different forms of market manipulation developed, which can also be found in the Market Abuse Regulation (and other European regulations). These are information-based manipulation, transaction-based manipulation, short selling, and other forms of manipulation. However, the Market Abuse Regulation does not refer expressly to each of these forms of market manipulation but defines market manipulation in its Article 12 in general.
Public Disclosure of Inside Information and Market Abuse
Authors: Pietrancosta Alain 
Published: January 2018

Abstract
This chapter concerns the provisions laid out in the Market Abuse Regulation (MAR) regarding the unlawful disclosure of inside information and market manipulation. Considering the overwhelming evidence of a high level of market abuse activity, the preventative measures laid out here can be considered the MAR’s main contribution. Articles 17 to 21 of the MAR serve to complement the main market abuse prohibitions, serving the ancillary purpose of reducing the potential occurrences of insider dealing or market manipulation, through special, prompt, or objective disclosure requirements weighing on persons categorized according to the sensitivity of their professional positions. Articles 17 to 19 mainly concern issuers and their managers. Articles 20 and 21 impose objectivity and transparency requirements on persons producing or disseminating investment recommendations and on public institutions disseminating statistics or forecasts.
Historical Development and Current Theories
Authors: Torremans Paul 
Published: January 2018

Abstract
This chapter provides an overview of the historical development of private international law as well as current theories on the subject. It first traces the early history and later development of private international law in England before discussing the varied approaches to private international law in the twentieth and early twenty-first centuries. In particular, it considers the theory of vested or acquired rights, local law theory, and the American revolution. Two general approaches common to most of the ‘revolutionaries’ are highlighted: the first is rule selection or jurisdiction selection, and the second is true and false conflicts. There are several rule-selection techniques such as governmental interest analysis approach, the comparative impairment approach, principles of preference, interpretation of forum policy, and choice of law factors. The chapter also examines the Europeanisation of private international law and concludes with an assessment of the theoretical or doctrinal basis of English private international law.
The Proof of Foreign Law
Authors: Torremans Paul 
Published: January 2018

Abstract
This chapter examines the question of proof of foreign law and particularly the onus of proving that the foreign law is different from English law. Foreign law is treated as a question of fact, but it is ‘a question of fact of a peculiar kind’. To describe foreign law as one of fact is apposite, in the sense that the applicable law must be ascertained according to the evidence of witnesses, yet there can be no doubt that what is involved is at bottom a question of law. The courts have concluded that a mistake as to foreign law is to be regarded as a mistake of fact. This chapter first explains how foreign law is proved, including the use of expert witnesses, before turning to witnesses who can prove foreign law. It also considers the role of the English courts under the Civil Procedure Rules in dealing with expert evidence.
Domicile, Nationality and Residence
Authors: Torremans Paul 
Published: January 2018

Abstract
This chapter examines the concepts of domicile, nationality, and residence and how they affect the personal status of a human being. In England, questions affecting status are determined by the law of the domicile of the propositus. Some of the matters that are governed by the personal law are the essential validity of a marriage, the wills of movables, and inheritance by a dependant. This chapter first considers five general rules with respect to domicile before discussing two requisites for the acquisition of a fresh domicile, namely residence and intention. It then explains voluntary residence, precarious residence, and the burden of proof regarding domicile, along with the distinction between domicile of origin and domicile of choice. It also explores the domicile of dependent persons such as children, the domicile of married women, and the concepts of ordinary residence and habitual residence.
Matrimonial and Related Causes
Authors: Torremans Paul 
Published: January 2018

Abstract
This chapter examines the rules governing matrimonial and related causes, which generally include petitions for divorce, nullity of marriage, judicial separation, and presumption of death and dissolution of marriage, as well as similar foreign proceedings which may fall for recognition in England. It first considers whether an English court will assume jurisdiction to grant matrimonial relief in the case of a polygamous marriage, focusing on the relevant provisions of common law and Section 47 of the Matrimonial Causes Act 1973. It then discusses the rules relating to the jurisdiction of the courts, choice of law and recognition of foreign divorces, annulments, and judicial separations as well as presumption of death and dissolution of marriage. It also analyses conflict rules concerning the dissolution, nullity, and separation of civil partnerships and same sex marriage.
Financial Relief
Authors: Torremans Paul 
Published: January 2018

Abstract
This chapter examines three main questions of private international law that arise from petitions for financial relief: the jurisdiction of the English court; the power to order relief after a foreign divorce/dissolution, annulment or legal separation; and the recognition and enforcement of foreign decrees or orders in relation to financial relief. It first considers the jurisdiction of the English court under the general jurisdictional rules, the Brussels/Lugano system, Maintenance Regulation, and Lugano Convention before discussing the powers of the English court to grant financial relief after a foreign divorce/dissolution, annulment or legal separation. It also analyses the choice of law rules governing financial relief, along with the recognition and enforcement of foreign orders, and concludes with an overview of international initiatives such as the Hague Conference on Private International Law.
Legitimacy, Legitimation and Adoption
Authors: Torremans Paul 
Published: January 2018

Abstract
This chapter examines the choice of law rules relating to legitimacy, legitimation and adoption, as well as rules governing the recognition of foreign adoptions and the jurisdiction of the English courts to make adoption orders. It begins with a discussion of questions surrounding legitimacy, such as legitimacy to be governed by the law of the domicile, the effect of the doctrine of putative marriage, meaning of ‘domicile of origin’, relevance of the incidents of status, and where birth to parents who are married does not confer legitimacy. It then considers legitimation by subsequent marriage and legitimation by recognition before turning to adoption proceedings in England, procedures for taking children into and out of the UK, and recognition of foreign adoptions. Finally, it analyses the effect of foreign adoptions by citing the relevant provisions of the Adoption and Children Act 2002.
The Distinction Between Movables and Immovables
Authors: Torremans Paul 
Published: January 2018

Abstract
This chapter examines the distinction between movables and immovables under English private international law. The first task of the court in a private international law case when required to rule on the question of a proprietary or possessory nature is to decide whether the item of property in dispute is movable or immovable. The legal system that will be applicable to the case depends on this preliminary decision. This chapter first considers the classification of the subject matter of ownership into movables and immovables by the law of the situs before looking at some examples relating to mortgages, trusts for sale, and annuities. It also discusses the relevance of the distinction between realty and personalty and concludes by explaining the distinction between tangible and intangible movables.
Immovables
Authors: Torremans Paul 
Published: January 2018

Abstract
This chapter examines the choice of law rules governing immovables. There are a range of circumstances in which the English courts may have jurisdiction (either under common law or European Union rules) over cases which require the determination of legal issues relating to foreign immovable property. These include cases where the question of title arises incidentally in a personal claim against a defendant, or in the administration of a trust, will or divorce over which the English courts have jurisdiction, or in the context of a claim for trespass over foreign land. This chapter first considers the law of the situs rule before discussing specific issues relating to choice of the law applicable to immovables, focusing in particular on the capacity to take and transfer immovables, formalities of alienation, essential validity of transfers, and contracts.
Geriatric Nutrition
Authors: Wendt Julie , Rotkiewicz Anna , Berg Alice 
Published: January 2018

Abstract
The practice of integrative nutrition therapy aims to use food therapeutically in order to stimulate the body’s innate healing mechanisms and optimize health. Studies exploring the link between longevity and diet have reinforced the idea that health-promoting lifestyle habits delay the onset of age-related illness and death. As inflammatory processes drive chronic disease, any dietary intervention should aim to mitigate inflammation and promote the anti-inflammatory cascade. Practitioners can personalize the dietary interventions through the use of nutrigenomics and ancestral diets. This chapter covers nutrition assessment methods and key interventions to prevent weight loss, anorexia of aging, and malnutrition.
Acupuncture and Traditional Chinese Medicine (TCM)
Authors: Gabriel Angela , Hoyt Tiffany C. 
Published: January 2018

Abstract
This chapter introduces Traditional Chinese Medicine (TCM) and discusses how it can serve the geriatric population. Aging is viewed in TCM as a natural progression of the life cycle, with a major focus on achieving longevity, with good physical condition and cognitive health, optimizing one’s genetic potential, and maintaining quality of life. The importance of harmonizing one’s life with the natural elements and in relation to the social environment is an essential part of health care in TCM. This is attained through attention to work–rest balance, “climactic factors,” proper nutrition, and mental and physical exercise, using such therapeutic modalities as diet modification, herbal medicine, acupuncture and acupuncture-related therapies, and therapeutic massage. TCM has treatment plans for both the acute and chronic health conditions of aging, which can successfully complement and enhance Western medical treatments.
Manual and Movement Therapies
Authors: Seidel Ilana , McDonald Anne , Roseen Eric J. , Starich Mary , O’Neill Maryclaire , Davis Aaron A. , Flusberg Yael 
Published: January 2018

Abstract
This chapter covers seven types of manual and movement therapies: the Alexander Technique (AT), the Feldenkrais Method (FM), chiropractic, therapeutic massage, osteopathic manipulative medicine, Rolfing Structural Integration, tai chi, and yoga. These techniques are described briefly, with special attention given to their indications in the geriatric population. Case studies illustrate the use of each technique. Relevant research studies are highlighted. Information on the training requirements for practitioners is given. Resources for further information are provided.
Women’s Health
Authors: Kendell Mary , Wentzel Margie 
Published: January 2018

Abstract
Although the hormonal changes that occur during menopause are the same for all women, the experience of menopause will be as unique as the woman herself. It will be modulated as much by the physiological changes that occur in her body as it will be by her cultural upbringing, thoughts and attitudes about this time in her life, and her current life stressors. Recognition of menopause as a unique experience for every woman is an essential component of an integrative approach to health care for this phase of life. Management and treatment options should include proactive anticipatory education, symptom screening, diet and lifestyle recommendations and, when necessary, pharmacotherapeutics. This chapter covers vasomotor symptoms, skin changes, breast health and breast cancer, genitourinary complaints, sexuality, and hormone replacement therapy.
Integrative Oncology
Authors: Littlefield Amy , Orceyre Deirdre , Cheng Stephanie 
Published: January 2018

Abstract
Cancer risk increases with age, but a patient’s tolerance to conventional treatments may be reduced with aging and associated morbidities. The development and expansion of age-appropriate therapies and approaches will be crucial as the population of elderly patients with cancer grows in the upcoming years. Taking into account the unique needs of this population will be of great importance. This chapter introduces the field of integrative oncology, the practice of supporting the whole person before, during, and after conventional treatments for cancer. Current evidence recognizes the safe use of many integrative interventions, such as lifestyle and diet changes and supplement and botanical use, to prevent cancer; to reduce side effects and optimize wellness during treatments such as surgery, chemotherapy, and radiation; and to promote full recovery after treatment. Many of these same interventions act directly to optimally regulate pathways in the unique metabolism of the malignant cell process.
Person-Directed Health Care Across the Lifespan: The Veterans Affairs Health Care System
Authors: Cobbs Elizabeth L. , Hull Amanda , Adams Alyssa 
Published: January 2018

Abstract
The VA is the largest and most comprehensive health care system in the United States today. It aims to provide integrated, seamless continuum of person-directed care blending healing approaches across the lifespan. This chapter reviews the VA elements that support this highly sophisticated and effective system, including primary care, mental health, geriatrics, extended care and palliative care, integrative health, and education. The chapter also provides an overview of the philosophical transformation occurring within the VA where disease care is shifting to a whole-health system where the veteran, not the disease, is at the center of care. The Integrative Health and Wellness Program at the Washington DC VA is highlighted as a program that exemplifies this transformation.