bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Import of International Customary Law into the EU Legal Order: The Adequacy of a Direct Effect Analysis
Authors: Croquet Nicolas AJ 
Published: July 2016

Abstract
The EU case law, embodied by the Racke judgment, constituted a normative compromise between the judicial treatment of international customary law and that of international treaties. Indeed, the lack of precision of an international customary norm would not prevent it from being assessed by the EU Courts on the merits of the case, albeit to a lesser degree of judicial review. The lack of precision of an international treaty provision would in contrast make it unenforceable on the facts of the case (subject to two exceptions and the doctrine of consistent interpretation), whereas when sufficiently precise, the treaty provision would be assessed in full by the EU Courts. In Air Transport Association of America, the Court of Justice projected onto the challenged EU secondary act a hybrid and alternative direct effect analysis, borrowed in part from the classical approach to direct effect and in part from the first branch of the direct concern standing requirement whilst also adopting an absolute manifest violation test due to an imprecision bias targeted at all international customary norms. The Court of Justice thereby disrupted this normative compromise: any international customary norm, provided that it or the challenged EU secondary act passes the hybrid direct effect test, would also trigger a marginal form of judicial review in validity review actions before the EU Courts, regardless of its nature and inherent qualities. This chapter aims to argue that the direct effect requirements, which emerge from the case law on the import of international treaties into the EU legal order, remain adequate to assess the judicial enforceability of ordinary international customary law in the EU legal system minus the requirement revolving around the broad logic and nature of the international customary norm. International customary norms should, accordingly, be assessed on the basis of the same direct effect criteria as those applicable to the Constitutive Treaties and EU secondary acts when assessing their relation to Member States’ national legal orders. However, the precision and unconditionality criteria ought to be appreciated with more flexibility with regard to the import of international customary norms in order to account for their unique normative character. The ‘express reference’ ‘implementation’ exceptions specific to the international treaty judicial context may also be transposed to the assessment of international customary law in validity review actions. The application of the doctrine of consistent interpretation to international customary norms and their use as interpretative tools before the EU Courts constitute judicial implications of the principle of primacy of international customary law binding upon the Union over inconsistent EU secondary acts.
Chinese Curses, Lawyers’ Dreams, Political Nightmares and New Dawns: Interesting Times for the UK’s Relationship with the EU
Authors: Forwood Nicholas 
Published: July 2016

Abstract
This chapter aims to explore some challenges that are likely to arise in the context of the UK’s present and future relationships with the EU. Three aspects come under scrutiny, namely the global opt-out available for the UK in the field of police and judicial cooperation in criminal matters (Protocol 36 to the Treaty on the Functioning of the European Union (TFEU)), the 2014 referendum on Scottish independence and the contemplated 2017 referendum on whether the UK should remain an EU Member State. The chapter stresses not only the importance of restoring objectivity in the debates surrounding these issues, but also the necessity of taking due account of the uncertainties that these processes unavoidably entail as to their end results for both the UK and Scotland.
From Hard to Soft: Governance in the EU Internal Market
Authors: Hatzopoulos Vassilis 
Published: July 2016

AbstractAt least three generations of governance methods have been—and are still being—used for the regulation of the internal market: the classic EU method, leading to harmonisation and (more rarely) unification; the ‘new approach’ based on mutual recognition and the use of standards; and ‘new governance’ which does not entail any formal delegation of powers to the EU and operates through self-regulation, the creation of EU agencies and networks, administrative cooperation and other means of open coordination. It is impossible to establish either a hierarchy or a clear chronological order between these methods, while it is also quite difficult to reach a clear conclusion as to their efficiency. What is certain is that all methods of governance are under constant adjustment and that they all feed into one another in order to secure the smooth operation of the internal market. The interaction between these methods is the topic of the present chapter.
Using Comparative Reasoning in Human Rights Adjudication: The Court of Justice of the European Union and the European Court of Human Rights Compared
Authors: McCrudden Christopher 
Published: July 2016

Abstract
This chapter examines the relationship between the methods that the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) use to decide disputes that involve ‘human’ or ‘fundamental’ rights claims, and the substantive outcomes that result from the use of these particular methods. It has a limited aim: in attempting to understand the interrelationship between human rights methodology and human rights outcomes, it considers primarily the use of ‘comparative reasoning’ in ‘human’ and ‘fundamental’ rights claims by these courts. It is not primarily concerned with examining the extent to which the use of comparative reasoning is based on an appropriate methodology or whether there is a persuasive normative theory underpinning the use of comparative reasoning. The issues considered in this chapter do some of the groundwork, however, that is necessary in order to address these methodological and normative questions.
‘Beggars Can’t Be Choosers’: Spain and the Financial Crisis
Authors: González Carlos J Moreiro 
Published: July 2016

Abstract
This contribution analyses the viability of the new Spanish financial landscape which has been drawn by the European authorities and the national administration in order to overcome the progressive deterioration of social wealth in Spain since the beginning of the economic crisis in 2008.
The adoption and the implementation of a new legal framework during the last two years, establishing tougher requirements on capital adequacy, leverage ratios and counter-cyclical and other buffers, as well as the shaping of the Banking Union, are not enough to transform the Spanish banking system into the key tool for the creation of wealth.
There is a paradox of both legal and institutional outcomes. While, on the one hand, some positive changes in the functioning and the structure of the banking industry have been prompted by the regulatory reform, there are, on the other hand, some uncertainties linked to the recapitalisation costs of a relevant group of credit institutions and the persistence of serious structural problems of the Spanish economy.
Moving faster to full banking union will reduce financial market stress in Spain.
Home Country Control with Consent: A New Paradigm for Ensuring Trust and Cooperation in the Internal Market?
Authors: Schammo Pierre 
Published: July 2016

Abstract
Home country control has been a long-standing principle of supervisory governance in the internal market. However, in the wake of the financial crisis, the principle has come under stress. This chapter looks at ways to deal with home country control by putting forward for discussion a new paradigm which I will coin ‘home country control with consent’ (HCC-C). My aim is to examine the building blocks of HCC-C but also to reflect more generally on the merit of a (mostly horizontal) supervisory arrangement which allows other (host) actors to get involved in the decision making of a home state authority. To describe such involvement, I will use the term ‘interference’. The basic problematic that I seek to address is that of ensuring cooperation and trust between national competent authorities. To identify the building blocks of HCC-C, I will turn to the recently enacted European Market Infrastructure Regulation (EMIR) which provides a possible, even if embryonic, template for HCC-C.
Judicial Review of Measures Implementing Security Council Resolutions: The Relevance of the EU Principle of Loyal Cooperation
Authors: Nanopoulos Eva 
Published: July 2016

AbstractIn recent years, the question of whether, and to what extent, measures implementing United Nations (UN) Security Council Resolutions can be subject to judicial review has stirred heated debates. This contribution takes a fresh look at the question in the context of the EU’s implementation of a series of Security Council Resolutions relating to the fight against terrorism using the well-established EU principle of loyal cooperation. It suggests that the principle could play a role in determining the appropriate standard and intensity of judicial review, and considers the value of approaching the question in that way.
EU Development Policy: Constitutional and Legislative Foundation(s)
Authors: Schütze Robert 
Published: July 2016

Abstract
The Union’s constitutional regime for development policy has traditionally progressed alongside two parallel tracks. In addition to a general regime for all developing countries, there exists a special regime for African, Caribbean and Pacific Countries (ACP countries). The Union’s general development policy originated as a flanking policy within the Common Commercial Policy. This trade-centricity was only relativised by the insertion of an express development aid competence in 1992. The Union’s development cooperation competence can today be found in Article 209 of the Treaty on the Functioning of the European Union (TFEU) and allows the Union to adopt legislative acts or conclude international agreements to reduce poverty within developing countries. By contrast, the Union’s special development regime has had a very different constitutional source. It stemmed from the ‘colonial’ association to the Union (qua its Member States) of certain dependent ‘oversees countries and territories’ for which the 1957 Treaty of Rome had provided a limited development competence. Once these countries gained independence in the 1960s, however, the Union had to transfer this special regime to its contractual association competence under Article 217 TFEU. The association regime for ACP countries has itself undergone a number of significant changes with the transition from the Lomé Convention(s) to the Cotonou Agreement.
The Influence of European Community Law on Public Law in the United Kingdom
Authors: Jacobs Francis G. 
Published: July 2016

It is a great privilege for me to give this lecture in honour of Lord Mackenzie-Stuart. I frequently had the privilege of appearing before him as counsel when he was judge at the European Court of Justice and also from 1984 to 1988 when he was President of the Court. It was on his departure from the Court in 1988 that I went to the Court as advocate general.
Lord Mackenzie-Stuart, who has long been interested in the influence of European Community law on public law in the United Kingdom, had recently published a paper entitled “Recent developments in English administrative law—the impact of Europe?” In returning to that theme this evening I should like to update the story of developments in English administrative law where there may be a European impact. I will also venture, perhaps over-ambitiously, to look briefly at the new constitutional reforms, and to see if there may be a European impact there too.
“Collective Amnesia” of Europe v. Engagement with Asia: Forging a Middle Path for Australia in the Age of Regionalism
Authors: Ward Angela 
Published: July 2016

“A country at odds with its region will be a defensive, anxious society, and one which is likely to be dependent on heavy defence expenditure. It will be a country, too, that will be unable to exploit fully its commercial and other potential”
“… the collective amnesia concerning Europe in otherwise well-informed circles in Australia is a debilitating disease. It creates a lethargy where there is opportunity. It is blind to potential difficulties. It squanders a still-important reservoir of good will. Above all, it is a denial of identity. No group can be free until it recognises and comes to terms with its past, whether it likes it or not”.

These two quotations, which appeared in articles published only twelve years apart, illustrate the complexity of contemporary challenges facing Australia’s international relations policy makers. It addresses the riddle of how to posit a still dominantly (ethnically and culturally speaking) European society, but one, which is located geographically nearer Asia, within the intricate web of inter-state intercourse which has become a hallmark of the modern world. The dilemma is, of course, far from new, but it has taken on enhanced proportions with the rise of regionalism, and the dissection of the planet into inter-governmental blocks.
The Language or Languages of Consumer Contracts
Authors: Whittaker Simon 
Published: July 2016

Does european community law make any requirement as to the language in which the terms of consumer contracts are to be expressed?
At the outset, I need to explain that the significance of this question (and its answer) will differ according to what is meant by the word ‘language’ itself. A first meaning is found where one refers to English, French, or Chinese as a ‘language’, that is, to quote the Oxford English Dictionary, ‘a system of communication used by a particular country or community’. A second meaning of ‘language’, again as explained by the Oxford English Dictionary, refers to ‘the manner or style of a piece of writing or speech’; so, for example, one may describe a piece of prose as being written in simple or elaborate, verbose or laconic, language. To avoid confusion in the following discussion, I shall refer to these two different significances as ‘language type’ and ‘language style’.
ΜΑΚΕΔΟΝΙΚΑ: Notes on the Macedonians of Philip and Alexander
Authors: Griffith G. T. 
Published: July 2016

It seems uncertain whether the Macedonian infantrymen of Philip II had breast-plates or not. How much it matters, too, is also perhaps uncertain, though obviously it mattered not a little to the men themselves at the time, whether or not they carried on them that combination of strength and of weight, of moral comfort and physical encumbrance, that a breastplate meant to the man inside it. There may perhaps be something in this question, too, for the social historian as well as for the military specialist.That Greek hoplites of the archaic period normally wore breastplates appears from vase-paintings, especially those proto-Corinthian examples which show combats not of individuals but of opposing phalanxes: it appears, too, from Tyrtaeus. Xenophon in theAnabasis, when he makes a passing remark about casualties on one occasion, gives the same impression about the Ten Thousand, who were predominantly a hoplite force. But breastplates were not uniform. Metal ones could vary greatly in weight, and there were variants (πĩλοι, σπολάδες) that were probably quite light in metal, on linen or leather. It has been suggested with some likelihood that in the fifth century the solid metal type virtually went out of use. If this were so, then the peltasts of the early fourth century would represent a logical development from a hoplite who had already become lighter than of old. It would seem logical for the pekast to have no breastplate at all, an arrangement incidentally that might suit well the mercenaries of the day who often were peltasts, and who were often poor men unlikely to own expensive equipment. But in spite of their occasional spectacular successes even against hoplites, the peltasts did not supersede them, so far as can be seen, in the citizen armies of the Greek cities. Indeed in the Hellenistic period still, in a treaty of about 270 B.C. between the Aetolians and the Acarnanians, the clause providing for reciprocal military aid distinguishes between three classes of infantry: (1) those who wore breastplates (πανοπλίαν), (2) those wore τὸ ἡμιθωράκιον, and (3) those who had no defensive armour (ψιλῲ). The first class is presumably, still, the hoplite.
Emendations of Cicero, ‘Ad Atticum’
Authors: Bailey D. R. Shackleton 
Published: July 2016

I, 16, 3. [Of the tribunal set up to try Clodius in 61] pauci tamen boni inerant, quos reiectione fugare ille non potuerat, qui maesti inter sui dissimiles et maerentes sede-bant et contagione turpitudinis uehementer permouebantur.maestiseems to refer rather to the sorrow shown by the looks and general aspect,maerentesto sorrow expressed in words’ (Tyrrell–Purser). But there is no real evidence for such a distinction. Madvig proposedmirantesin place ofmaerentes. uerentes, ‘ashamed’ to be in such company, may be worth considering.II, 2, 2. Πελληναίων in manibus tenebam et hercule magnum aceruum Dicaearchi mihi ante pedes exstruxeram. o magnum hominem, et unde multo plura didiceris quam de Procilio! Κορινθίων et Ἀθηναίων puto me Romae habere, mihicredes legete haec doceo mirabilis uir est.The last sentence is obelized by Wesenberg, Müller, Purser, and Sjögren. MS. variants worth mention are:in the first hand of M,credasof G (first hand) bs, and the absence oftein Ο and the Δ group.Two of many conjectures appear in modern texts. Tyrrell–Purser and Winstedt follow Boot:mihi crede, si leges haec, dices ‘mirabilis uir est’. Constans and Constans' parrot, Moricca, havemihi credas, lege; te haec doceo: mirabilis uir est.
B356, Z326 and A404
Authors: Willcock M. M. 
Published: July 2016

1. In B354–6 Nestor, encouraging the Greeks to fight on, saysτῶ μή τις πρὶν έπειγέσθω οἶκόνδε νέεσθαι,πρίν τινα πὰρ Τρώων ἀλόχω κατακοιμηθῆναι,τίσασθαι δ' Ἑλένης ὁρμήματά τε στοναχάς τε.‘So let no one be eager to return home, before he has slept with a Trojan's wife and avenged….’ Avenged what? Obviously the rape of Helen. The Greeks are to do to the wives of the Trojans what Paris did to the wife of Menelaus. So they will avenge the ὁρμήματα and στοναχάς of Helen.It is difficult to believe, reading this passage, that in this country the normal, accepted interpretation of 1. 356 is that the Greeks are to avengetheir own‘cares’ (=μελεδήματα?) and groansfor Helen's sake. In fact, that Ἑλένης is taken as an objective genitive. This strange interpretation has the authority of Aristarchus and is found, for example, in Leaf, Monro, and Liddell and Scott.Aristarchus seems to have produced his explanation in a literary dispute with the Chorizontes. They put forward the view that this was a difference between the attitude of theIliadand theOdyssey: that the poet of theIliadmakes Helen an unwilling victim, while in theOdysseyshe went willingly with Paris. To counter this argument, Aristarchus produced his alternative interpretation of B 356. Most of us are Chorizontes now; why, then, should we repeat from generation to generation a forced interpretation which was conceived for the narrow purpose of literary polemics?
Mitochondrial dysfunction in an Opa1Q285STOP mouse model of dominant optic atrophy results from Opa1 haploinsufficiency
Authors: Kushnareva Y , Seong Y , Andreyev A Y , Kuwana T , Kiosses W B , Votruba M , Newmeyer D D 
Published: July 2016

AbstractMutations in the opa1 (optic atrophy 1) gene lead to autosomal dominant optic atrophy (ADOA), a hereditary eye disease. This gene encodes the Opa1 protein, a mitochondrial dynamin-related GTPase required for mitochondrial fusion and the maintenance of normal crista structure. The majority of opa1 mutations encode truncated forms of the protein, lacking a complete GTPase domain. It is unclear whether the phenotype results from haploinsufficiency or rather a deleterious effect of truncated Opa1 protein. We studied a heterozygous Opa1 mutant mouse carrying a defective allele with a stop codon in the beginning of the GTPase domain at residue 285, a mutation that mimics human pathological mutations. Using an antibody raised against an N-terminal portion of Opa1, we found that the level of wild-type protein was decreased in the mutant mice, as predicted. However, no truncated Opa1 protein was expressed. In embryonic fibroblasts isolated from the mutant mice, this partial loss of Opa1 caused mitochondrial respiratory deficiency and a selective loss of respiratory Complex IV subunits. Furthermore, partial Opa1 deficiency resulted in a substantial resistance to endoplasmic reticulum stress-induced death. On the other hand, the enforced expression of truncated Opa1 protein in cells containing normal levels of wild-type protein did not cause mitochondrial defects. Moreover, cells expressing the truncated Opa1 protein showed reduced Bax activation in response to apoptotic stimuli. Taken together, our results exclude deleterious dominant-negative or gain-of-function mechanisms for this type of Opa1 mutation and affirm haploinsufficiency as the mechanism underlying mitochondrial dysfunction in ADOA.
Egg antigen p40 of Schistosoma japonicum promotes senescence in activated hepatic stellate cells by activation of the STAT3/p53/p21 pathway
Authors: Chen Jinling , Xu Tianhua , Zhu Dandan , Wang Jianxin , Huang Caiqun , Lyu Lei , Hu Bin , Sun Wei , Duan Yinong 
Published: July 2016

AbstractLiver fibrosis is a serious disease that is characterized by the excess deposition of extracellular matrix (ECM) components. Activated hepatic stellate cells (HSCs) are a major source of ECM and serve as a key regulator in liver fibrogenesis. Inactivation of HSCs is essential for liver fibrotic regression. The present study explores the underlying mechanisms of Schistosoma japonicum egg antigen p40 (Sjp40) promoting senescence in HSCs and antifibrosis. For the first time we report that Sjp40 inhibits the activation and proliferation of an immortalized human HSC line (LX-2 cells) and promotes cellular senescence and cell cycle arrest. Sjp40 through action on the STAT3/p53/p21 pathway triggered cellular senescence, while knockdown of p53 or STAT3 partly restored cell senescence. In addition, Sjp40-induced cellular senescence caused LX-2 cells to be more sensitive to a human NK cell line (YT cells). Together these findings provide novel insights into the mechanism of antifibrosis and may have implications for the development of antifibrosis therapies.
CRISPaint allows modular base-specific gene tagging using a ligase-4-dependent mechanism
Authors: Schmid-Burgk Jonathan L. , Höning Klara , Ebert Thomas S. , Hornung Veit 
Published: July 2016

AbstractThe site-specific insertion of heterologous genetic material into genomes provides a powerful means to study gene function. Here we describe a modular system entitled CRISPaint (CRISPR-assisted insertion tagging) that allows precise and efficient integration of large heterologous DNA cassettes into eukaryotic genomes. CRISPaint makes use of the CRISPR-Cas9 system to introduce a double-strand break (DSB) at a user-defined genomic location. A universal donor DNA, optionally provided as minicircle DNA, is cleaved simultaneously to be integrated at the genomic DSB, while processing the donor plasmid at three possible positions allows flexible reading-frame selection. Applying this system allows to create C-terminal tag fusions of endogenously encoded proteins in human cells with high efficiencies. Knocking out known DSB repair components reveals that site-specific insertion is completely dependent on canonical NHEJ (DNA-PKcs, XLF and ligase-4). A large repertoire of modular donor vectors renders CRISPaint compatible with a wide array of applications.