bluuebunny/crossref_metadata_2025_split huggingface dataset:
Contractual Expropriation
Authors: Cox Johanne M 
Published: August 2024

Abstract
This chapter examines the concept of contractual expropriation. It considers various cases that affirm the principle that contract rights can be expropriated, including Chorzow Factory, Phillips Petroleum Company v Islamic Republic of Iran, Consortium RFCC v Morocco, Eureko BV v Poland, Vigotop Limited v Hungary, Impregilo S.p.A. v. Islamic Republic of Pakistan, Azurix Corp v the Argentine Republic, and Biwater Gauff (Tanzania) Ltd., v. United Republic of Tanzania. Other cases illustrate the distinction between breach of contract and expropriation, such as those brought by Canadian investors against Venezuela under the Canada–Venezuela BIT signed on 1 July 1996: for example, Vannessa Ventures Limited v Venezuela and Crystallex International Corporation v Venezuela.
Description of the Problem: Uniform Laws and Damages
Authors: Zeller Bruno 
Published: August 2024

Abstract
This introductory chapter provides an overview of the landscape in which any determination of damages takes place. Whenever a contract is being negotiated, each party attempts to identify and minimize the risks involved in the sale of goods. Several issues are important such as which law is to apply, and which jurisdiction is to be preferred. This is of importance as the question of minimizing damages in cases of a breach is tied up in the choice of a legal system. The problem is that as long as transnational laws are not ratified and importantly embraced by the business community, a truly seamless trade system will not eventuate despite the existence of a physical transnational supply network. The United Nations Convention on Contracts for the International Sale of Goods (CISG), despite perceived shortcomings, is still the only harmonised sales law as 85 countries have ratified the Convention.
Breach of Contract: An Overview
Authors: Zeller Bruno 
Published: August 2024

Abstract
This chapter examines some transnational generic contract law principles of remedial relief. Not all contracts run the intended course, and a breach will mostly likely result in damages to at least one party. The intention of the law is to secure the bargain, but this security is only as good as the ability of courts and tribunals to award appropriate remedies. The ability to award damages is an important economic function, and it is not surprising to find laws regulating the awarding of damages in a variety of legal documents. Indeed, the United Nations Convention on Contracts for the International Sale of Goods (CISG) has recognized that the awarding of damages is an important, if not the most important, remedy and structured its remedial system in such a way that damages can always be claimed irrespective of any other claims.
Article 74: A General Overview
Authors: Zeller Bruno 
Published: August 2024

Abstract
This chapter focuses on article 74 of the United Nations Convention on Contracts for the International Sale of Goods (CISG), which allows the aggrieved party to claim damages for any breach of a contract. Four general points need to be addressed to understand the consequences of a breach. The first point to note is that article 74 does not specify what types of losses are included in a claim of damages except loss of profit. Second, damages can be claimed only if a promisee is not in breach of any of the rules of the Convention. Third, consideration must be given to the fact that article 74 is in competition with other remedies pursuant to article 45. The fourth point is that article 74 contains what appears to be a simple formula for calculating damages. Under article 74, the calculation of damages can ‘only be based on maintenance and performance of the contract’.
Mitigation of Losses
Authors: Zeller Bruno 
Published: August 2024

Abstract
This chapter discusses the duty of a party relying on the breach of contract to mitigate the losses. Mitigation is a principle that is an obligation in the common law but not clearly defined in civil law. In arbitration practices, mitigation has become a general principle of international trade. The United Nations Convention on Contracts for the International Sale of Goods (CISG) has incorporated the doctrine of mitigation specifically into article 77, but the rule is also reflected in articles 85 and 86, which are concerned with the preservation of the goods after a breach. The idea behind article 77 is that the plaintiff cannot recover damages that he could have avoided but at the same time is obliged to return the goods in the similar or same state he received them.
Penalty Clauses and the CISG
Authors: Zeller Bruno 
Published: August 2024

Abstract
This chapter explores whether the issue of penalty clauses is within the mandate of the United Nations Convention on Contracts for the International Sale of Goods (CISG) or falls under the exception of article 4. Whether penalty clauses are governed by the CISG is still a controversial issue and hence unresolved. The issue is that in civil law, the court has discretion to either enforce a penalty clause or moderate it, when in common law, a penalty clause is unenforceable. The added difficulty of the CISG is the fact that it was constructed as a compromise between the civil and common law systems. As a result, differences between the two systems will, in some cases, present different solutions. As far as the CISG is concerned the main argument either for or against an inclusion of penalty clauses revolves around the interpretation of articles 4 and 74.
Introduction
Authors: Bamford Colin 
Published: August 2024

Abstract
The chapter introduces the subject by discussing the special nature of financial law and the markers that distinguish it from other areas of legal practice, and argues that financial law, although it usually is seen in detailed and very concrete form, is based on a number of established legal concepts. An understanding of legal rules in this area requires a deeper knowledge of the development of legal principles than is needed in many other areas. It then summarizes the characteristics of the topics selected for treatment in the later chapters.
Contracting Out
Authors: O’Sullivan Dominic 
Published: August 2024

Abstract
This chapter examines the freedom parties have to contract out of rescission for misrepresentation. It clarifies the impossibility to contract out of the right to rescind for duress. The right to rescind for non-fraudulent misrepresentation can be limited or excluded by an express provision of the agreement. The chapter then discusses the types of clauses that forbid rescission for non-fraudulent misrepresentation. A non-reliance clause takes effect when no party has entered an agreement with reliance on any representation of the other party. The chapter also expounds on the terms of contracting out under the Misrepresentation Act 1967 and the Consumer Rights Act 2015.
Commencement of the Arbitration (Articles 4 and 5, Schedule 1)
Authors: Moser Michael , Bao Chiann 
Published: August 2024

Abstract
Chapter 6 discusses the articles relevant to the commencement of the arbitration: Article 4 (Notice of Arbitration), Article 5 (Answer to the Notice of Arbitration) and Schedule 1—Registration and Administration Fees.
The Rome I Regulation on the Law Applicable to Contractual Obligations
Authors: McParland Michael 
Published: August 2024

Abstract
The Rome I Regulation applies to all EU Member States (except Denmark) in relation to ‘contractual obligations in civil and commercial matters’ in ‘situations involving a conflict of laws’ that arise out of contracts concluded from 17 December 2009. The Rome I Regulation has been described by the European Commission as ‘a central element of the Community acquis in the area of civil justice’. This book provides analysis on the development of the Rome I Regulation. It studies in detail the historical background, the legislative development, and the teleological purpose of the Regulation. Beginning with the work that led up to the 1972 Draft Convention and the much neglected original French rapporteur's commentary, the book traces developments in the text through the 1980 Convention, highlights the legislative developments that began with the 2003 Green Paper, the Commission's 2005 Proposal, and the subsequent negotiations that took place in the European Council and European Parliament that led to the final text of the Rome I Regulation itself. Particular emphasis is placed on highlighting the legislative intent reflected in the changes to the text of the draft Regulation that were made by the Civil Law Committee (Rome I) of the Council. The book marks out the borderline between the Rome I and Rome II Regulations, and considers in detail the application of the conflict-of-law rules in the Rome I Regulation to the specifically protected contracts such as consumer, insurance, carriage of passengers, and individual employment contracts.
The Right to Property, Foreign Judgments, and Cross-Border Property Disputes
Authors: Fawcett James J , Shúilleabháin Máire Ní , Shah Sangeeta 
Published: August 2024

Abstract
This chapter focuses on the impact of the right to property on English and EU rules of private international law. The right to property protects rights in land, moveable property, and intellectual property and may be engaged in commercial property transactions, State expropriation, inheritance laws, and the adjustment of property rights in family law proceedings. Article 1P1 has exerted relatively little influence on the development of English private international law. In cases where it might be instrumental, it is often not pleaded at all, and even where it is invoked by counsel, the courts have often shown little enthusiasm for exploring its potential impact. Moreover, there is no mention of the right to property in the preambles to the Brussels I Recast and Brussels II bis Regulations, even though both Regulations have the potential to interfere with an individual’s rights as protected by Article 1P1 and Article 17 CFREU.
Cartels and Proof of Cartels
Authors: Tuytschaever Filip , Agerbeek Felix Ronkes 
Published: August 2024

Abstract
The chapter discusses the constituent elements of a cartel, which are agreements or concerted practices between competitors aimed at certain restrictions of competition by object, such as price fixing or market sharing. It then turns to two interrelated topics, namely the burden and standard of proof in cartel investigations, which are discussed by Felix Ronkes Agerbeek (Legal Service, European Commission) from a public enforcer perspective and by Filip Tuytschaever (contrast, Brussels) from the angle of the private practitioner. Alleged cartel participants benefit from the presumption of innocence. The burden of proof lies with the Commission. To discharge its burden of proof, the Commission must comply with the standard of proof and adduce evidence firmly demonstrating the existence of facts constituting a cartel. The EU Courts accept that the Commission relies on certain evidentiary presumptions. The impact of these presumptions for private practitioners and public enforcers is discussed.
Overcoming Institutional and Political Limitations
Authors: Ioannidou Maria 
Published: August 2024

Abstract
This chapter focuses on the EU framework and the constitutional division of power between the EU and the Member States in order to determine whether the proposals encouraging consumer participation and promoting the ‘consumer interest’ in competition law enforcement articulated in previous chapters could be introduced via an EU legislative instrument. First, it briefly presents the proposals in the fields of private and public enforcement and underlines their common elements in the light of the fused approach to competition law enforcement. Following this, it explores whether the current Treaty framework permits the adoption of harmonized measures and places attention on the fact that, even if the legal hurdles involved in finding an adequate legal base were to be overcome, there remain important political limitations that would impede the adoption of the measures. Thus, the analysis seeks a workable alternative for the introduction of the proposals encouraging consumer involvement.
The Trans-European Transport Network (TEN-T)
Authors: Kotthaus Elisabeth 
Published: August 2024

Abstract
The smooth functioning of the Internal Market and the strengthening of economic, social, and territorial cohesion need also the seamless, safe, and sustainable mobility of persons and goods, ensuring accessibility and connectivity for all regions of the Union. This should be achieved by establishing interconnections and interoperability between national transport networks in a resource-efficient and sustainable way. The final chapter sets out the framework for EU support of transport infrastructure. The Trans-European transport network has developed from modest beginnings into an elaborate structure providing for a ‘core’ and a ‘comprehensive’ network. It supports the deployment of up-to-date transport connections between EU Member States, as well as with neighbouring countries, through common methodology, joint planning, and financial support. The TEN-T network is constructed through a delicate balance between EU and national authorities. The funding available under the Connecting Europe Facility reflects the European Union’s high financial commitment to this effort.
Mapping tumor habitats in isocitrate dehydrogenase -wild type glioblastoma: Integrating MRI, pathologic, and RNA data from the Ivy Glioblastoma Atlas Project
Authors: Park Ji Eun , Oh Joo Young , Park Do Hoon , Lee Ho-Su , Yoon Shinkyo , Kim NakYoung , Park Seo Young , Song Sang Woo , Kim Young-Hoon , Hong Chang-Ki , Kim Jeong Hoon , Kim Ho Sung 
Published: August 2024

Abstract

Background
The goal of the study was to spatially validate intratumoral subregions (tumor habitat) using physiologic magnetic resonance imaging (MRI) on the pathology of the isocitrate dehydrogenase (IDH)-wild-type whole-glioblastoma sample.

Methods
Data from 20 patients (168 slides) were obtained from the Ivy Glioblastoma Atlas Project. On MRI, tumor habitats were defined using voxel-wise clustering of the apparent diffusion coefficient and cerebral blood volume maps for contrast-enhancing lesions (CEL) and non-enhancing lesions (NEL). On pathology slides, normalized areas of leading-edge, infiltrating tumor (IT), cellular tumor (CT), hypervascular lesion (CThypervascular), and perinecrotic lesion (CTperinecrotic) were obtained. Gross specimen was coregistered on MRI and correlation between pathology-MRI habitats was calculated. RNA sequencing of 67 samples was assessed using 4 Neftel subtypes and further correlated with pathology.

Results
Six tumor habitats were identified: hypervascular, hypovascular cellular, and hypovascular hypocellular habitats for CEL and NEL. CT was correlated with hypovascular cellular habitat in CEL (r = 0.238, P = .005). IT was correlated with hypovascular cellular habitat in NEL (r = 0.294, P = .017). CThypervascular was correlated with hypervascular habitat in NEL (r = 0.195, P = .023). CTperinecrotic was correlated with imaging necrosis (r = 0.199, P = .005). Astrocyte-like subtypes were correlated with IT (r = 0.256, P &lt; .001), while mesenchymal-like subtypes were correlated with CTperinecrotic area (r = 0.246, P &lt; .001).

Conclusions
Pathologically matched tumor subregions were CT with hypovascular cellular habitat in CEL and infiltrative tumor with hypovascular cellular habitat in NEL. Identification of the most aggressive, as well as infiltrative tumor portion, can be achieved using noninvasive MRI tumor habitats.
Wilfred Owen
Authors: Vandiver Elizabeth 
Published: August 2024

Abstract
This chapter surveys classical reception in the war poetry of Wilfred Owen and demonstrates the crucial importance of classics for his work. It begins with a brief biography of Owen, focusing particularly on his education, his unfulfilled hopes of attending university, and his determined efforts to learn Latin, and giving a summary of his war service, his treatment at Craiglockhart Hospital, and his friendship with Siegfried Sassoon. The chapter then turns to detailed discussion of the war poems. The poems are grouped into four categories, the first three of which foreground the most significant forms of classical reception that Owen employs: poems that allude to Horace’s Odes, starting with Owen’s most famous poem, ‘Dulce et Decorum Est’; poems that allude, directly or indirectly, to the classical katabasis (Underworld journey) or to the Underworld itself; and Owen’s direct retellings of classical myths; a final Miscellaneous category includes other classically informed poems. Poems that include only brief references to classics are surveyed in a separate section. The chapter establishes that Owen was directly familiar with Horace’s Odes, showing that he not only quoted Horace’s Latin in ‘Dulce et Decorum Est’ but also incorporated translations of Horatian phrases and aspects of Horatian structure into other poems. The chapter also demonstrates Owen’s familiarity with Ovid’s Metamorphoses, Vergil’s Aeneid, and Homer’s Iliad and Odyssey.
ID Wars in Côte d'Ivoire
Authors: Banégas Richard , Cutolo Armando 
Published: August 2024

Abstract
Identity documents provide rights to citizenship and social inclusion. They can also generate violence and conflicts. This book explores Côte d'Ivoire’s ‘ID war’ as a paradigmatic case of a citizenship crisis, centred on the access to national identity cards and certificates. Using ethnographic and historical data, it shows how the documentary struggle for citizenship has continued in the post-crisis reconstruction, affecting the new policies of identification and registration based upon biometrics and new technologies. It describes how the latter have been overturned and reframed by the Ivorian society. Focusing on the production and negotiation of legal identities, the book delves into the social life of IDs and biometrics. It describes the clandestine world of the margouillats, the corrupt brokers of the civil registry; the forms of documentary falsification aimed at taming legal and bureaucratic principles with the requirements of ordinary social life; the hidden practices of state apparatuses of identification and the local machinery of biometric registration; the self-made censuses and systems of identification used by minorities seeking recognition in the public space. Through these ethnographic descriptions with a specific approach ‘from below’, the book shows that actual reforms supposed to depoliticize—and, in the case of biometric technologies, to de-socialize—identification do not erase its constitutively political dimension. From a comparative perspective, the case of Côte d'Ivoire reveals the unprecedented revenge of the documentary state on the biometric state and encourages us to rethink their dyadic opposition in a more complex triangulation of identification, debt, and recognition.
The Politics of Identification: Genealogy of a Citizenship Crisis
Authors: Banégas Richard , Cutolo Armando 
Published: August 2024

Abstract
Chapter 2 shows that the ‘war of identification’ in Côte d'Ivoire has a deep historical dimension. It aims at linking the political history of individual and collective identities to their material translation in 'papers' and identification dispositifs, understood as public policies, institutional practices, and ideological configurations that carry with them common representations of citizenship. Its ambition is to trace the genealogy of the crisis of citizenship that has arisen around the issue of identity papers, looking at them ‘from above’ and ‘from below’. Five configurations are highlighted in this genealogy: the first three, examined in Chapter 2, help us to understand the transition from a documentary informality, specific to an economic conception of citizenship (the first section), to an autochthonist enclosure of national belonging under Ivoirité (the second section), and even an attempt, under Gbagbo, to institutionalize identification through the ancestral village (the third section).
The Fabric of Statelessness
Authors: Banégas Richard , Cutolo Armando 
Published: August 2024

Abstract
Chapter 5 makes a further step on identification and citizenship by focusing on rural communities displaced from Haute Volta in the 1930s and settled in ‘colonial villages’ in central Côte d’Ivoire. It asks how and why an old local issue of citizenship and documents came to be recast in terms of the ‘risk of statelessness’ by the government and international organizations. Despite their legal recognition as national citizens, these people were kept in a liminal status of juridical exception and political dependence from the ruling party. The chapter recalls their historical discrimination and their struggle for ‘papers’. It shows that neither the civil registration nor biometric reforms have radically altered their documentary insecurity and the old stereotypes that continue to structure national belonging. Far from reducing the risks of statelessness, the chapter concludes by assuming that new technologies of identification may even pave the way for its digital consolidation.
Consent and Waiver
Authors: Howley Jessica 
Published: August 2024

Abstract
This chapter focuses on consent as a tool for addressing overlapping individual and interstate claims. It considers both the consent of a State or individual as a means of precluding the wrongfulness of conduct otherwise in breach of an obligation owed to the other, and the consensual waiver by a State or an individual of the claims of that other, as mechanisms through which an entity may purport to preclude that other’s overlapping claim. Drawing extensively on practice, including in respect of lump-sum settlement agreements, it examines the effect of both individual waivers of interstate claims and interstate waivers of individual claims. It demonstrates their scope to preclude overlapping claims, even where the relevant entities hold separate rights. It also highlights, including through examining topical debates regarding reforms of international investment law, the significant role of State consent in addressing overlapping individual and interstate claims: preventing claims from being brought altogether through alteration of individual claims mechanisms.
Introduction
Authors: Swanwick Ruth , Fobi Daniel , Nyadu Offei Yaw , Mills Oppong Alexander , Fobi Joyce , Appau Obed , Asomaning Derrick , Doku Richard , Amanvida Gibbah Linda 
Published: August 2024

Abstract
This introductory chapter outlines the overall aims of the book and frames the writing context. The writing team introduce themselves by presenting their different cultural and professional perspectives and sharing their diverse experiences of being deaf and hearing project team members. The team explain how they approached the writing process to ensure an inclusive, culturally appropriate, and collective voice for this text. The positionality of the writing is explained with a particular focus on the ways in which the authors sought to work with social and cultural understandings of deafness. The need to problematize what this stance means in a low-income African context is underlined. The authors explain how the text incorporates aspects of empirical research undertaken by the project team and preview the sequence through the subsequent chapters and their content.