bluuebunny/crossref_metadata_2025_split huggingface dataset:
Household food security and breast-feeding duration among Canadian Inuit
Authors: McIsaac Kathryn E , Stock David C , Lou Wendy 
Published: July 2016

AbstractObjectiveThere have been few studies investigating the association between food security and breast-feeding duration and none have been conducted among Canadian Inuit, a population disproportionately burdened with food insecurity. We evaluated the association between household food security and breast-feeding duration in Canadian Inuit children.DesignData were obtained from the Nunavut Inuit Child Health Survey, a population-based cross-sectional survey.SettingThe Canadian Territory of Nunavut in 2007 and 2008.SubjectsCaregivers of Inuit children aged 3–5 years. Participating children were randomly sampled from community medical centre lists.ResultsOut of 215 children, 147 lived in food-insecure households (68·4 %). Using restricted mean survival time models, we estimated that children in food-secure households were breast-fed for 16·8 (95 % CI 12·5, 21·2) months and children in food-insecure households were breast-fed for 21·4 (95 % CI 17·9, 24·8) months. In models adjusting for social class, traditional knowledge and child health, household food security was not associated with breast-feeding duration (hazard ratio=0·82, 95 % CI 0·58, 1·14).ConclusionsOur research does not support the hypothesis that children living in food-insecure households were breast-fed for a longer duration than children living in food-secure households. However, we found that more than 50 % of mothers in food-insecure households continued breast-feeding well beyond 1 year. Many mothers in food-secure households also continued to breast-feed beyond 1 year. Given the high prevalence of food insecurity in Inuit communities, we need to ensure infants and their caregivers are being adequately nourished to support growth and breast-feeding, respectively.
Is anything more Important than Consumer Welfare (in Article 81 EC)? Reflections of a Community Lawyer
Authors: Townley Christopher 
Published: July 2016

This chapter discusses whether Article 81 EC has a unique consumer welfare goal. It argues that public policy goals must also be considered within Article 81 EC today.Competition policy cannot be made rational until one decides what it is there to achieve and whether it is to have one goal, or many. Community competition law’s goals are rarely discussed, but many of the Commission’s policy statements now assert that the objective of Article 81 EC is to protect competition on the market as a means of enhancing consumer welfare and ensuring an efficient allocation of resources. There is no room in the Commission’s new world for public policy goals. Many Community competition lawyers support the Commission’s new approach.
Viking and Laval: Issues of Horizontal Direct Effect
Authors: Dashwood Alan 
Published: July 2016

It is more than 40 years since the Court of Justice first articulated in Van Gend en Loos the principle that has come to be known as the direct effect of Community law, and which means, in broad terms, that rules derived from the EC Treaty, so long as they are capable of being applied using ordinary judicial techniques, form part of the law available to courts and tribunals in the Member States for resolving disputes before them. As the Court famously stated:
… the Community constitutes a new legal order of international law ... the subjects of which comprise not only the Member States but also their nationals ... Independently of the legislation of Member States, Community law therefore not only imposes obligations on individuals but is also intended to confer upon them rights which become part of their legal heritage.
A Human Rights Analysis of theVikingandLavalJudgments
Authors: Novitz Tonia 
Published: July 2016

In 2007, Brian Bercusson observed that:[T]he future of the trade union movement, but also of the EU, may depend on whether on judgment day the European Court of Justice decides that the EU legal order upholds the right of trade unions to take transnational collective action.Previously, deference to domestic labour legislation did not translate into judicial recognition of a right to collective bargaining or a strike. There was only speculation that this should be the case, accompanied by significant opposition from the UK to such a prospect. Judgment day has since come and we have been told that ‘[t]he right to take collective action, including the right to strike, must … be recognised as a fundamental right which forms an integral part of the general principles of Community law’. Indeed, it also seems that such a right extends at least in theory to secondary and transnational action.
Risk and the European Convention on Human Rights: Towards a New Approach
Authors: Hilson Christopher 
Published: July 2016

Abstract
The aim of this chapter is to provide an initial attempt at analysis of the place of risk within the case law of the European Court of Human Rights (ECtHR) and, where appropriate, the Commission, focusing on the related issues of public concern and perception of risk and how the ECHR dispute bodies have addressed these. It will argue that, for quite some time, the Court has tended to adopt a particular, liberal conception of risk in which it stresses the right of applicants to be provided with information on risk to enable them to make effective choices. Historically, where public concerns in relation to particular risks are greater than those of scientific experts—nuclear radiation being the prime example in the case law—the Court has adopted a particularly restrictive approach, stressing the need for risk to be ‘imminent’ in order to engage the relevant Convention protections. However, more recently, there have been emerging but as yet still rather undeveloped signs of the Court adopting a more sensitive approach to risk. One possible explanation for this lies in the Court’s growing awareness of and reference to the Aarhus Convention. What we have yet to see—because there has not yet been a recent, post-Aarhus example involving such facts—is a case where no imminent risk is evident. Nevertheless, the chapter concludes that the Court’s old-style approach to public concern in such cases, in which it rode roughshod over rights to judicial review, is out of line with the third, access to justice limb of Aarhus.
Private Party Liability in EU Law: In Search of the General Regime
Authors: Leczykiewicz Dorota 
Published: July 2016

AbstractThe emergence of private party liability in damages is EU law has been much discussed by academics, but it is clear from the case law of the Court of Justice that we do not yet have a principle of private party liability analogous to the principle of Member State liability. This chapter examines under what conditions it would be justified to claim that there was indeed a general principle of private party liability in EU law. Furthermore, the chapter explains that the introduction of the general principle of private party liability would require a thorough clarification of some of the most fundamental, yet still unclear, concepts of EU law, such as direct effect, the horizontal applicability of EU norms and the principle of effective judicial protection. It is argued that the jurisdiction of the Court of Justice to introduce a general regime of private party liability in damages is not without controversy and that the judicial creation of the principle will be legitimate only if adequate normative justification is provided for its presence in EU law. In this respect, it has to be recognised that EU competition law is not an adequate legal setting for the general regime to be born, because it does not bring to light tensions arising in other contexts.
Trust and EU Law and Governance
Authors: Maher Imelda 
Published: July 2016

AbstractThe impetus for this chapter is the extraordinary difficulties surrounding the adoption of the Lisbon Treaty. It aims to provide a framework within which to explore trust in EU law. The question of trust has become even more significant since the adoption of the Lisbon Treaty with the emergence of the fiscal crisis in Greece and in the wider eurozone. This chapter initially seeks to locate the question of trust within the much-discussed notion of the democratic deficit in the EU, drawing on the work of Snell. It argues that the question of democratic deficit raises questions about trust in the EU, and that institutionalised distrust is what is required in order to secure appropriate trust in EU law and governance. It then examines the nature of trust before turning to two major crises of distrust in the EU: the Irish referenda on the Lisbon Treaty and the ongoing difficulties presented to the eurozone of the indebtedness of some of its members.
From Washington with Love—Investor–State Arbitration and the Jurisdictional Monopoly of the Court of Justice of the European Union
Authors: Strik Philip 
Published: July 2016

Abstract
While investor–State arbitration is to a large extent detached from the EU legal order, EU law has recently started to be invoked in investor-State arbitration proceedings. In the context of intra-EU bilateral investment treaties, the Commission has expressed the view that investor-State arbitration gives rise to a number of ‘arbitration risks’ for the EU legal order. Not only can it solicit investors to engage in forum-shopping, but it can also result in questions of EU law not being litigated in Member State or Union courts. This chapter explores the extent to which the compatibility of investor–State arbitration with the EU legal order is in issue. It examines the main features of investor-State arbitration as concerns its interplay with the EU legal order, as well as the Court of Justice’s case law on issues of compatibility between systems of international dispute settlement and the EU legal order. The chapter highlights that the way in which investor–State arbitral tribunals handle issues of EU law, as well as the involvement of interested parties, may foster the synergy between investor–State arbitration and the EU legal order.
Brussels I and Third States: Future Imperfect?
Authors: Fentiman Richard 
Published: July 2016

Abstract
In December 2010 the European Commission published its long-awaited proposals for the reform of the Brussels I Regulation on civil jurisdiction and the enforcement of judgments. These concern matters of considerable practical importance. But they also expose fundamental questions about the Regulation’s proper scope, and its role in complex commercial disputes, which will persist long after the terms of the amended Regulation are settled.
Ploughing Their Own Furrow: Subnational Regions and the Regulation of GM Crop Cultivation
Authors: Hunt Jo 
Published: July 2016

Abstract
This chapter provides a case study in regulatory multi-level governance within the European Union, with a substantive focus on the regime in place for the authorisation of cultivation of genetically modified crops. Whilst presenting a detailed account of the supranational level regime, it seeks explicitly to write in the subnational, regional dimension to our accounts of policy evolution in this highly controversial area. The chapter considers regions’ ‘upstream’ engagement in the policy processes at EU level, through judicial challenge to EU measures as well as attempts to influence supranational level legislative reform, which is currently ongoing. In this regard, it looks both at the role of regions within this process, and within the terms of the resultant legislation. In addition, the chapter considers regions’ ‘downstream’ engagement, in their implementation and application of the existing rules. As a number of regions have sought to declare themselves GM-free zones, this chapter explores the legality of such local and regional GM crop cultivation bans, as a matter of EU law. In short, the chapter contributes further to our understandings of the place held by regions within the EU system of governance demonstrating how regions may themselves be both legal and political actors of significance within the EU order, whose interests are not always congruent with that of their Member State.
One Law, Two Competitions: An Enquiry into the Contradictions of Free Movement Law
Authors: Saydé Alexandre 
Published: July 2016

AbstractThe long-established contradictions of free movement law are caused by the implicit reference to two contradictory paradigms of economic integration. The first paradigm seeks to avoid the competition among private businesses being distorted by national regulations, therefore aiming at the creation of a ‘level playing field’ (regulatory neutrality paradigm). The second paradigm seeks to ensure the proper functioning of the process of competition among Member States, and accordingly aims at maximising the opportunities for ‘regulatory arbitrage’ (regulatory competition paradigm). In more detail, the tension between those two paradigms of economic integration results in three central nodes of internal market law: the eventuality of a positive harmonisation, the negative harmonisation conundrum, and the regulatory mobility dilemma. In sum, one (free movement) law is assigned the contradictory mission of ensuring the proper functioning of two competitive processes: the competition among private businesses (regulatory neutrality) and among Member States (regulatory competition).
Varieties of Capitalism and the Limits of European Economic Integration
Authors: Snell Jukka 
Published: July 2016

Abstract
This chapter considers European economic integration from the perspective of varieties of capitalism. It notes the main threats that integration potentially entails both for liberal and coordinated market economies, and assesses the likelihood of damage to the different models, in particular following the Lisbon Treaty. It is argued descriptively that both types of capitalism can continue to coexist in the European Union, and normatively that it is vital that the integration project is managed in a way that does not fundamentally endanger them.
The Protection of the Right to Work Through the European Convention on Human Rights
Authors: Mantouvalou Virginia 
Published: July 2016

AbstractThe right to work was until recently under-explored in academic literature and judicial decision-making. Classified often as a social right, it was viewed as a non-justiciable entitlement. Today, as the right to work is sometimes used as a slogan in favour of deregulation of the labour market, as well as a slogan against immigration and unionisation, the analysis of the right to work as part of a labour law agenda is crucial. Against this background, this chapter examines the right to work in the European Convention on Human Rights. Even though the right to work is not explicitly protected in the ECHR, the chapter identifies in the case law of the European Court of Human Rights certain principles that underpin the right to work, which can serve as guidance in the interpretation of existing provisions of the Convention.
The Judicial Protection of Individual Rights and the Principle of Proportionality after the Lisbon Treaty
Authors: Mengozzi Paolo 
Published: July 2016

AbstractThe aim of this chapter is to illustrate how the principle of proportionality as derived from the legal orders of the Member States has been incorporated in the legal order of the European Union as well as codified in the Treaties. The chapter revolves around two key arguments. It emphasises, first, that the principle of proportionality has been used as a criterion for controlling the legality of the acts of the Union and of those of the Member States when implementing Union law. Secondly, it is argued that, more recently, the same principle has been used by the Court of Justice of the European Union as a useful instrument towards ensuring an even stronger coordination with national judges.
Balancing Fundamental Rights in EU Law
Authors: Rosas Allan 
Published: July 2016

AbstractIt appears more and more often that cases brought before the European Court of Justice raise issues relating to two or more fundamental rights and the relation between them. In such situations, it is often necessary to establish a ‘balance’ between the fundamental rights concerned. In some cases, one of the rights involved is not a fundamental right in the strict sense but, for instance, an economic freedom (such as the free movement of goods) recognised under the basic EU Treaties. Another configuration may be a situation where, for instance, two of the fundamental rights which are at issue are to be found in the EU Charter of Fundamental Rights but only one of them appears in the European Convention on Human Rights. In such situations, one wonders what would be the relevance of Article 52(3) of the Charter of Fundamental Rights, which establishes a direct link between the Charter and the European Convention. The present contribution will look at the question of balancing of EU fundamental rights in general and also at more specific problems arising in this context, such as the two problems identified above.
Co-creating European Union Citizenship: Institutional Process and Crescive Norms
Authors: Kostakopoulou Dora 
Published: July 2016

Abstract
By focusing on processes and institutional change, EU citizenship emerges as a co-created institution. It is the product of institutional design and co-creation by actors at all levels of governance and is shaped by multilogues at the ‘top’, ‘bottom’ and ‘sideways’, as well as by citizens’ formal and informal actions. A co-creation perspective leads us to reconsider state-centred assumptions about which form of citizenship should be predominant and the dualism of centralism (supra-nationalism) versus ‘home-rule’ (intergovernmentalism), and to embrace a genuinely citizen-centred perspective. The chapter develops the co-creation paradigm, examines its dimensions, various forms and patterns and, by discussing the post-Rottmann and Zambrano case law (McCarthy, Dereci, Iida, O, S and L and Ymeraga) as well as Tsakouridis and PI, sheds light onto the complex dynamics that make EU citizenship a vehicle of transformative institutional change but that can also work against it.
Ready to Do Whatever it Takes? The Legal Mandate of the European Central Bank and the Economic Crisis
Authors: Wilsher Daniel 
Published: July 2016

Abstract
To complement the ‘no shared liability’ rule and public deficit limits, the Maastricht Treaty gave the European Central Bank (ECB) a narrow remit to focus on price stability. Crucially, as a ‘non-sovereign’ central bank, it was unclear that the ECB would act as lender of last resort in the event of market panics. The neoliberal orthodoxy at the heart of Economic and Monetary Union (EMU) held that moral hazard and inflationary risks militated against anything resembling ‘illegal monetary financing’. Following monetary union, markets under-priced risks and encouraged bubbles, but, with the onset of the crisis, sentiment overshot the other way, starving credit from banks and later sovereigns. With bailout funds limited and austerity failing to improve debt spreads, sovereigns became illiquid. ECB officials reluctantly concluded that an uncontrolled sovereign default would threaten the continuation of monetary union. The ECB was thus forced de facto to expand its mandate, first to help banks and, later, to help sovereigns facing loss of access to bond markets. Ultimately this was successful in restoring confidence, but the ECB remained uncomfortable with its role. It has continued to stress its legal limitations and has pressed for reformed governance to enforce fiscal discipline. The economic case for a lender of last resort in a crisis was always strong, but brings with it a worsening moral hazard problem that may invite leaders to avoid the deeper political changes necessary to rebalance the Eurozone.
From ‘Don’t Mention the Titanium Dioxide Judgment’ to ‘I Mentioned it Once, But I Think I Got Away with it All Right’: Reflections on the Choice of Legal Basis in EU External Relations after the Legal Basis for Restrictive Measures Judgment
Authors: de Baere Geert 
Published: July 2016

Abstract
This chapter examines the choice of legal basis in EU external relations post-Lisbon in the light of the judgment of the Court of Justice in the Legal Basis for Restrictive Measures case. Before reaching the conclusion that the regulation at issue there was rightly based on Article 215(2) of the Treaty on the Functioning of the European Union (TFEU) and rejecting the European Parliament’s argument that the measure ought to have been taken on the basis of Article 75 TFEU, the Court made a number of important observations on the principles to be followed when choosing a legal basis and recalled some of its earlier case law, in particular Titanium Dioxide and its progeny. This chapter reflects upon the application of those principles in a post-Lisbon framework.
PML nuclear body disruption impairs DNA double-strand break sensing and repair in APL
Authors: di Masi A , Cilli D , Berardinelli F , Talarico A , Pallavicini I , Pennisi R , Leone S , Antoccia A , Noguera N I , Lo-Coco F , Ascenzi P , Minucci S , Nervi C 
Published: July 2016

AbstractProteins involved in DNA double-strand break (DSB) repair localize within the promyelocytic leukemia nuclear bodies (PML-NBs), whose disruption is at the root of the acute promyelocytic leukemia (APL) pathogenesis. All-trans-retinoic acid (RA) treatment induces PML-RARαdegradation, restores PML-NB functions, and causes terminal cell differentiation of APL blasts. However, the precise role of the APL-associated PML-RARαoncoprotein and PML-NB integrity in the DSB response in APL leukemogenesis and tumor suppression is still lacking. Primary leukemia blasts isolated from APL patients showed high phosphorylation levels of H2AX (γ-H2AX), an initial DSBs sensor. By addressing the consequences of ionizing radiation (IR)-induced DSB response in primary APL blasts and RA-responsive and -resistant myeloid cell lines carrying endogenous or ectopically expressed PML-RARα, before and after treatment with RA, we found that the disruption of PML-NBs is associated with delayed DSB response, as revealed by the impaired kinetic of disappearance ofγ-H2AX and 53BP1 foci and activation of ATM and of its substrates H2AX, NBN, and CHK2. The disruption of PML-NB integrity by PML-RARαalso affects the IR-induced DSB response in a preleukemic mouse model of APLin vivo. We propose the oncoprotein-dependent PML-NB disruption and DDR impairment as relevant early events in APL tumorigenesis.
Apollo Lunar Astronauts Show Higher Cardiovascular Disease Mortality: Possible Deep Space Radiation Effects on the Vascular Endothelium
Authors: Delp Michael D. , Charvat Jacqueline M. , Limoli Charles L. , Globus Ruth K. , Ghosh Payal 
Published: July 2016

AbstractAs multiple spacefaring nations contemplate extended manned missions to Mars and the Moon, health risks could be elevated as travel goes beyond the Earth’s protective magnetosphere into the more intense deep space radiation environment. The primary purpose of this study was to determine whether mortality rates due to cardiovascular disease (CVD), cancer, accidents and all other causes of death differ in (1) astronauts who never flew orbital missions in space, (2) astronauts who flew only in low Earth orbit (LEO) and (3) Apollo lunar astronauts, the only humans to have traveled beyond Earth’s magnetosphere. Results show there were no differences in CVD mortality rate between non-flight (9%) and LEO (11%) astronauts. However, the CVD mortality rate among Apollo lunar astronauts (43%) was 4–5 times higher than in non-flight and LEO astronauts. To test a possible mechanistic basis for these findings, a secondary purpose was to determine the long-term effects of simulated weightlessness and space-relevant total-body irradiation on vascular responsiveness in mice. The results demonstrate that space-relevant irradiation induces a sustained vascular endothelial cell dysfunction. Such impairment is known to lead to occlusive artery disease and may be an important risk factor for CVD among astronauts exposed to deep space radiation.