bluuebunny/crossref_metadata_2025_split huggingface dataset:
Passing of Property and Risk
Authors: Bridge M G 
Published: January 2018

Abstract
This chapter looks at the passing of property and the risks involved. The passing of property (or ownership) to the buyer is of vital interest in both domestic law and the international law of sale. The law of sale, as codified by the Sale of Goods Act, is a combination of contract and conveyance. The latter part — the conveyance — is the passing of property. In the Act itself, the passing of property is important in defining the moment when risk is transferred. The significance of risk is that, when transferred to the buyer, it determines the contractual rights of the seller and buyer if there occurs a casualty to the goods for which neither party bears contractual responsibility. However, as the chapter shows, this connection between the property and risk is not as important in the law of international sale as it is in the law of domestic sale.
Oppenheim's International Law: United Nations
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James 
Published: January 2018

Abstract
The United Nations (UN) has expanded beyond all recognition since its founding in 1945. This volume represents a study that is entirely new, but is prepared in the way that has become so familiar over succeeding editions of Oppenheim’s International Law. It covers the formal structures of the UN as it has expanded over the years, and all that this complex organization does. All substantive issues are addressed in separate sections, including the responsibilities of the UN, financing, immunities, human rights, preventing armed conflicts, peacekeeping, and judicial matters. In examining the evolving structures and ever-expanding work of the UN, this volume follows the long-held tradition of Oppenheim by presenting facts uncoloured by personal opinion, in a succinct text that also offers in the footnotes extra information and ideas to be explored. It is a book that, while making all necessary reference to the UN Charter, the Statute of the International Court of Justice, and other legal instruments, tells of the realities of the legal issues as they arise in the day-to-day practice of the UN.
Introduction
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James 
Published: January 2018

Abstract
This introductory chapter first sets out the book’s purpose, namely to provide a comprehensive study of the legal practice of the UN. It provides assistance and guidance to those whose work requires them to understand the complex structures of the UN, the multitudinous legal issues that arise daily, and the practice to date. The chapter sets out the formal structures of the UN as they have developed over the years, the historical background, including the League of Nations, and the legal instruments involved in its creation.
United Nations Specialized Agencies
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James 
Published: January 2018

Abstract
United Nations (UN) specialized agencies are autonomous organizations working as part of the UN system in economic, social, cultural, educational, health, and related fields. There are 17 UN specialized agencies. Four of these—the International Labour Organization (ILO), United Postal Union (UPU), International Telecommunication Union (ITU) and World Meteorological Organization (WMO)—were in existence as international organizations before the establishment of the UN. The other agencies were established either concurrently with or subsequent to the establishment of the UN. This chapter discusses the development of specialized agencies; other agencies or organizations; membership; legal personality; relationship agreements; relationship with principal organs; overview of mandates; and bodies established by specialized agencies.
The United Nations and International Law
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James 
Published: January 2018

Abstract
The United Nations (UN) is a subject of international law. It develops international law and is, to a certain extent, subject to international law obligations. The UN Charter is interpreted in the light of international law. Under Article 103 of the Charter, the UN can, through the Security Council, create obligations for member states that prevail over international law obligations. The political bodies of the UN are a relevant forum in which to find various sources of law, including treaties and customary international law. The UN is a forum for state practice by its members, and UN organs contribute to the development and clarification of law. This chapter discusses the development of international law by the UN; the interpretation of international law by the UN; the application of general international law to the UN; and the effect of the UN Charter on international law (Article 103).
United Nations Privileges and Immunities
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James 
Published: January 2018

Abstract
International organizations like the United Nations (UN) require certain privileges and immunities from national jurisdictions for the effective performance of their tasks. These privileges and immunities are granted to preserve the independence of the UN from its member states and to secure the international character of the organization. This chapter discusses the sources of privileges and immunities; reasons for the conferral of privileges and immunities; privileges and immunities of the organization, representatives of member states, officials of the organization, and experts on mission; abuse, waiver, and settlement of disputes regarding privileges and immunities; privileges and immunities during peacekeeping operations; and immunities of international organizations and the jurisdiction of international criminal tribunals.
Improving Social Conditions
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James 
Published: January 2018

Abstract
The concern of the United Nations (UN) with improving social conditions is expressed in the various parts of the UN Charter. Improving social conditions is seen not only as a goal in its own right, but as related to the aim of achieving international peace. This chapter discusses the types of activities for the purpose of improving social conditions; the ‘social’ issues addressed by the UN; major summits and conferences; social issues in the work of the principal UN organs; the General Assembly and social issues; the Economic and Social Council; social issues in the work of the Security Council and UN Secretary-General; UN Departments, Programmes, and Offices involved in social issues; and institutional coordination of UN social action.
Improving Economic Wellbeing
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James 
Published: January 2018

Abstract
This chapter examines the UN’s role in improving economic wellbeing. One of the UN’s main purposes is to achieve international cooperation in solving international economic problems. To this end, the UN Charter recognizes a link between economic wellbeing and peaceful and friendly relations between states. Economic wellbeing is pursued through principal and subsidiary organs as well as specialized agencies. The discussions cover the Second Committee of the General Assembly; the role of the Economic and Social Council and United Nations Development Programme in economic wellbeing; the United Nations Conference on Trade and Development; the United Nations Industrial Development Organization; financing for development; sustainable development; poverty eradication; and groups of countries in special situations.
Promotion and Protection of Human Rights
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James 
Published: January 2018

Abstract
The UN Charter contains several provisions on human rights. Indeed, one of the purposes of the UN is ‘[t]o achieve co-operation … in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion’. The promotion and protection of human rights is also spread throughout the UN system, from the General Assembly and Security Council in New York, to the Office of the High Commissioner for Human Rights and the Human Rights Council in Geneva, to field presences across the world. This chapter discusses the principal organs involved in the protection and promotion of human rights, including the Human Rights Council and Office of the High Commissioner for Human Rights. Also covered are human rights treaties and treaty bodies, human rights conferences, and Geneva–New York relations.
Promotion of International Law
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James 
Published: January 2018

Abstract
The General Assembly is the most important organ for the promotion of international law. Article 13(1)(a) of the UN Charter provides that the Assembly ‘shall initiate studies and make recommendations for the purpose of: a. promoting international co-operation in the political field and encouraging the progressive development of international law and its codification … ’. The General Assembly works closely with the International Law Commission (ILC) and its Sixth Committee, Ad Hoc Committees, the Secretary-General and specialist entities such as the United Nations Commission on International Trade Law (UNCITRAL). This chapter discusses the role of the ILC, its relationship with the General Assembly, the Sixth Committee, and relationship with other bodies; the Sixth Committee and the promotion of international law; the Secretary-General and the promotion of international law; UNCITRAL; the Law of the Sea; promotion of treaties; legal resources and training; and promotion of themes relevant to the UN’s work.
Keeping the Peace
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James 
Published: January 2018

Abstract
This chapter examines the role of the UN as peacekeeper. It focuses on certain measures used by the General Assembly and the Security Council that are perhaps more prominent in nature and which have been little discussed elsewhere in this volume. It considers the three important activities of the UN in keeping the peace: the role of the General Assembly in making resolutions; the role of the Security Council in authorizing non-forceful sanctions; and the role of the Security Council in authorizing force. Each of these three areas has been the subject of considerable and sustained scholarship; as such, the discussion is by no means comprehensive. Nevertheless, it attempts to highlight this very important aspect of the practice of the UN.
Criminal Tribunals Established by, or in Relationship with, the UN
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James 
Published: January 2018

Abstract
This chapter covers criminal tribunals established by, or in relationship with, the United Nations (UN). It includes the International Criminal Tribunal for the Former Yugoslavia; the International Criminal Tribunal for Rwanda; the International Criminal Court; The Special Court for Sierra Leone; the Extraordinary Chambers in the Courts of Cambodia; the Special Tribunal for Lebanon; the Kosovo Regulation 64 Panels; the East Timor Special Panels for Serious Crimes; and the Bosnia and Herzegovina War Crimes Chamber. The chapter discusses the establishment and jurisdiction of each court or tribunal; its composition; its relationship with other bodies; resources and completion mechanisms; residual issue; and legacy.
Classification
Authors: Torremans Paul 
Published: January 2018

Abstract
This chapter discusses the classification of the cause of action and the classification of a rule of law as they relate to private international law. Classification of the cause of action refers to the allocation of the question raised by the factual situation before the court to its correct legal category, whereas classification of a rule of law is the identification of the department of law under which a particular legal rule falls. After explaining what ‘classification of the cause of action’ and ‘classification of a rule of law’ mean, the chapter considers the basis on which classification is made. In particular, it looks at two cases that illustrate the international spirit in which English judges fulfil the task of classification. It also examines the classification of an English rule and classification of a foreign rule (parental consent to marry, bona vacantia).
Jurisdiction Under the Brussels/Lugano System
Authors: Torremans Paul 
Published: January 2018

Abstract
This chapter examines the jurisdiction of the English courts under the Brussels/Lugano system (the Brussels I Recast, the EC/Denmark Agreement, the Brussels Convention, and the Lugano Convention) and under the modified version of the Brussels I Regulation (Modified Regulation). It first provides an overview of the history and interpretation of the Brussels/Lugano system and the Modified Regulation before turning to the Brussels I Recast, discussing in particular the definition of domicile and the conditions under which the Brussels I Recast applies. It then considers the bases of jurisdiction under the Brussels I Recast, along with various provisions of the Brussels I Regulation relating to jurisdiction and stays of action. It also explores the provisions of the Brussels Convention, the Lugano Convention, and the Hague Convention on Choice of Court Agreements. Finally, it analyses the issue of allocating jurisdiction within the UK under the Modified Regulation.
The Competence of the English Courts Under—The Traditional Rules
Authors: Torremans Paul 
Published: January 2018

Abstract
This chapter explores the competence of the English courts under the traditional rules, and more specifically actions in personam and actions in rem. An action in personam is designed to settle the rights of the parties as between themselves, e.g. an action for damages for breach of contract. In English law the only action in rem is that which lies in an Admiralty court against a particular res, namely a ship or some other res, such as cargo, associated with the ship. This chapter first considers three situations in which English courts are competent under common law rules to try an action in personam before discussing the effect of the Brussels/Lugano system on actions in rem. It also reflects on the implications of the Hague Convention on Choice of Court Agreements 2005 for the competence of the English courts.
Recognition and Enforcement of Foreign Judgments and Arbitral Awards in England—An Introduction
Authors: Torremans Paul 
Published: January 2018

Abstract
This chapter examines how foreign judgments and arbitral awards are recognised and enforced in England. Unsatisfied foreign judgments and arbitral awards give rise to complicated questions concerning private international law. Owing to the principle of territorial sovereignty, a judgment delivered in one country cannot, in the absence of international agreement, have a direct operation of its own force in another. This chapter first considers the effect given to foreign judgments and arbitral awards before discussing the different regimes governing recognition and enforcement of foreign judgments. In particular, it looks at judgments from outside the European Union and European Free Trade Association (EFTA), judgments from an EU or EFTA state, and judgments from other parts of the UK. It also analyses issues relating to insolvency, family law, and wills and successions and concludes with an overview of rules under which foreign arbitral awards are recognised and enforced.
Non-Contractual Obligations
Authors: Torremans Paul 
Published: January 2018

Abstract
This chapter examines the applicable law for non-contractual obligations. It first introduces the reader to the choice of law rules for torts, restitution, and equitable obligations before discussing the relevant provisions of the Rome II Regulation, focusing on the applicable law for torts/delicts and for unjust enrichment, negotiorum gestio and culpa in contrahendo; limitations on the dominance of the law applicable; rules of safety and conduct; and Rome II Regulation's relationship with other provisions of EU law and existing international conventions. It then considers the applicable law for maritime non-contractual obligations such as maritime torts, along with mixed issues relating to non-contractual obligations and contracts. It also looks at contractual and non-contractual obligations to which there is a contractual defence and concludes with an analysis of non-contractual obligations that are outside the scope of the Rome II Regulation, including defamation.
Declarations
Authors: Torremans Paul 
Published: January 2018

Abstract
This chapter examines the power of the courts, both under their inherent jurisdiction and by statute, to make declarations as to marital status. For many years, the courts had statutory power to grant declarations of legitimacy, legitimation, and the validity of a marriage or whether the petitioner is a British subject. However, there was no power to declare the invalidity of a marriage by declaration: that had to be done in nullity proceedings. This chapter discusses the relevant provisions of Part III of the Family Law Act 1986 relating to declarations as to marital status; declarations of parentage, legitimacy, or legitimation; and declarations as to adoptions effected overseas. It also considers the relevant provisions of the Child Abduction and Custody Act 1985, Civil Partnership Act 2004, Marriage (Same Sex Couples) Act 2013, and Presumption of Death Act 2013.
Matrimonial Property
Authors: Torremans Paul 
Published: January 2018

Abstract
This chapter examines the legal regime governing matrimonial property, and more specifically the rights of a husband and wife in the movable and immovable property which either of them may possess at the time of marriage or may acquire afterwards. It first considers the general rule on assignment where there is an ante-nuptial contract as well as the assignment where is no ante-nuptial contract, focusing in particular on the application of matrimonial domicile in the case of movables and the effect of marriage on the spouses' immovables in the absence of a marriage contract. It then discusses the question of property rights arising from civil partnership and cohabitation, citing the relevant provisions of the Civil Partnership Act 2004, and concludes with an overview of European proposals for legal reform with respect to jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes.
Radial distributions of surface mass density and mass-to-luminosity ratio in spiral galaxies
Authors: Sofue Yoshiaki 
Published: January 2018

Abstract
We present radial profiles of the surface mass density (SMD) in spiral galaxies directly calculated using rotation curves of two approximations of flat-disk (SMD-F) and spherical mass distribution (SMD-S). The SMDs are combined with surface brightness using photometric data to derive radial variations of the mass-to-luminosity ratio (ML). It is found that the ML generally has a central peak or a plateau, and decreases to a local minimum at R ∼ 0.1–0.2 h, where R is the radius and h is the scale radius of optical disk. The ML, then, increases rapidly until ∼0.5 h, and is followed by gradual rise till ∼2 h, remaining at around ∼2 [$M_{\odot}\,L^{-1}_{\odot}$] in the w1 band (infrared λ3.4 μm) and $\sim 10\ [M_\odot L_\odot ^{-1}]$ in the r band (λ6200–7500 Å). Beyond this radius, the ML increases steeply with approaching the observed edges at R ∼ 5 h, attaining to as high values as ∼20 in w1 and $\sim 10^2\ [M_\odot L_\odot ^{-1}]$ in the r band, which are indicative of dominant dark matter. The general properties of the ML distributions will be useful for constraining cosmological formation models of spiral galaxies.
Using Epidemiological Principles to Explain Fungicide Resistance Management Tactics: Why do Mixtures Outperform Alternations?
Authors: Elderfield James A. D. , Lopez-Ruiz Francisco J. , van den Bosch Frank , Cunniffe Nik J. 
Published: January 2018

Whether fungicide resistance management is optimized by spraying chemicals with different modes of action as a mixture (i.e., simultaneously) or in alternation (i.e., sequentially) has been studied by experimenters and modelers for decades. However, results have been inconclusive. We use previously parameterized and validated mathematical models of wheat Septoria leaf blotch and grapevine powdery mildew to test which tactic provides better resistance management, using the total yield before resistance causes disease control to become economically ineffective (“lifetime yield”) to measure effectiveness. We focus on tactics involving the combination of a low-risk and a high-risk fungicide, and the case in which resistance to the high-risk chemical is complete (i.e., in which there is no partial resistance). Lifetime yield is then optimized by spraying as much low-risk fungicide as is permitted, combined with slightly more high-risk fungicide than needed for acceptable initial disease control, applying these fungicides as a mixture. That mixture rather than alternation gives better performance is invariant to model parameterization and structure, as well as the pathosystem in question. However, if comparison focuses on other metrics, e.g., lifetime yield at full label dose, either mixture or alternation can be optimal. Our work shows how epidemiological principles can explain the evolution of fungicide resistance, and also highlights a theoretical framework to address the question of whether mixture or alternation provides better resistance management. It also demonstrates that precisely how spray tactics are compared must be given careful consideration. [Formula: see text] Copyright © 2018 The Author(s). This is an open access article distributed under the CC BY 4.0 International license .
Results of Casting in Severe Curves in Infantile Scoliosis
Authors: Stasikelis Peter J. , Carpenter Ashley M. 
Published: January 2018

Background:
Previous work has demonstrated best results for casting in infantile scoliosis when the curves are small and the child begins casting under 2 years of age. This study examines if casting can delay the need for growth friendly instrumentation in severe curves (50 to 106 degrees) and how the comorbidities of syrinx or genetic syndromes affected outcomes.

Methods:
All children undergoing casting for scoliosis at a single institution over an 8-year period were examined. Inclusion criteria included initial curve at first casting of ≥50 degrees, age ≤3 years at the start of casting, and a minimum follow-up of 3 years. Of 148 children undergoing casting during this period, 44 met our inclusion criteria. All children underwent magnetic resonance imaging. Ten children with a syrinx were identified. Ten children had known genetic syndromes (2 who also had a syrinx). The 26 children without these comorbidities were considered idiopathic. Curve magnitude ranged from 50 to 106 degrees.

Results:
Nine of the 26 (35%) children in the children with idiopathic curves demonstrated resolution of their curves, while only 3 of the remaining 18 (17%) did. Of the children that did not have resolution of their curves, 14 were maintained over the entire follow-up period to within 15 degrees of their initial curve and 13 were improved 15 degrees or more. Only 5 children had an increase of 15 degrees or more over the follow-up period and 4 of these have undergone growth friendly instrumentation after a mean delay from initial cast of 71 months (range, 18 to 100 mo).

Conclusion:
This study demonstrates that even in severe curves, casting was effective in delaying instrumentation in all cases, and led to curve resolution of the curves in 12 of 44 children.

Level of Evidence:
Level III—case control study.