bluuebunny/crossref_metadata_2025_split huggingface dataset:
Law-Making and the Judicial Guarantees in Occupied Territories
Authors: Arai-Takahashi Yutaka 
Published: August 2024

Abstract
This chapter focuses on Article 64 of Geneva Convention (GC) IV, which gives the Occupying Power a broader ambit of legislative authority in occupied territories. In exceptional circumstances, the Occupying Power is not only allowed to change the laws in force, but is even bound to enact laws pursuant to the objective of giving effect to the obligations under GC IV. Such prescriptive power is recognized especially for the benefit of the local civilian population. The chapter analyses the extent to which Occupying Powers’ invocation of exceptional grounds allows them to exercise prescriptive powers under Article 64 GC IV. Specific issues are also examined, such as local administrations and judiciary in occupied territories, occupation courts, and the protection of refugees. The implications of the relevant rules of occupation to non-international armed conflict and the legal consequences of violations of the rules of occupation are also assessed.
The Administration of Occupied Territory
Authors: Bothe Michael 
Published: August 2024

Abstract
This chapter deals with the law of belligerent occupation. When the territory of an enemy belligerent is invaded in the course of an armed conflict, the establishment of de facto control triggers the application of the law of occupation. This means, inter alia, that the Occupying Power is responsible for ‘public order and safety’ in the occupied territory, among others, by establishing some kind of permanent set-up for its administration. The chapter assesses the legal issues involved in this type of territorial administration. International law must accommodate conflicting interests: the interests of the state whose territorial control has been displaced by a foreign army, at least for the time being, the interest of the Occupying Power, and the interests of the population which needs adequate living conditions and may be torn between the two states. The latter interest imposes on the Occupying Power a duty of good governance.
Protection of Private Property
Authors: Arai-Takahashi Yutaka 
Published: August 2024

Abstract
This chapter analyses the protection of property in occupied territories under Article 53 Geneva Convention (GC) IV, the prohibition of pillage under Article 33 paragraph 2, and the destruction and appropriation of property as a grave breach of GC IV under Article 147. It first delineates the scope of application of the general rule under Article 53, examining how the concept of military necessity operates as an exception to this rule. It considers those rules that regulate issues of confiscation, requisition, and seizure of private property, as well as the special international humanitarian law rules that address distinct categories of property. The two final sections address the extent to which those distinct rules analysed in international armed conflict may be considered relevant in non-international armed conflict; and the violations of those rules as grave breaches under Article 147 and other germane rules of international criminal law.
Prohibition of Settlements
Authors: Tomuschat Christian 
Published: August 2024

Abstract
This chapter examines Article 49 paragraph 6 Geneva Convention (GC) IV, which prohibits the Occupying Power from deporting or transferring parts of its own civilian population into the territory it occupies. It begins by describing population transfers during the Second World War. It then turns to two current conflict zones—occupied Palestinian territories and Northern Cyprus—where allegations have been raised that Article 49 paragraph 6 GC IV has been continuously violated over many years. Next, the chapter discusses meaning and application of Article 49 paragraph 6 GC IV, its relevance in non-international armed conflict (NIAC), and remedies for violations of Article 49 paragraph 6.
Shipbuilding Contracts and Termination Issues
Authors: Mandaraka-Sheppard Aleka 
Published: August 2024

Abstract
This chapter examines the parties’ rights and obligations stated in a shipbuilding contract, and the issues regarding the termination of a contract. It explains the basic principles of English law pertaining to shipbuilding contracts, emphasizing the most commonly used form, the Shipbuilders Association of Japan (SAJ) form. Like any other contract, there must be a binding agreement—an offer and an unconditional acceptance, the intention to create a legal relationship, and consideration. There must also be certainty of terms, which define clearly the extent of the duties of each party. The chapter discusses issues involving contract termination by the buyer and by the builder. For each issue, it compares the provisions stated in the SAJ form to the newly proposed new Standard Newbuilding Contract (NEWBUILDCON), which was developed to provide builders and buyers with an alternative choice of contract.
Transfer of Bill of Lading Contracts by Statute
Authors: Reynolds Francis 
Published: August 2024

Abstract
This chapter discusses the statutory transfer of bill of lading contracts in the event of the goods failing to arrive, arriving short, or arriving damaged. It provides an outline of the two solutions to this problem under UK common law—the Bills of Lading Act 1855 and the Carriage of Goods by Sea Act 1992. The Bills of Lading Act 1855 was enacted for the purposes of transmitting the whole contract of carriage to the receiver while at the same time retaining the shipper’s liability. This legislation, however, did not last as it faced numerous problems arising from the linkage of the transfer of the bill of lading to the transfer of property. In 1992 the UK then passed the Carriage of Goods by Sea Act which confers the right of suit to the ‘lawful holder’ of the bill.
Law of Wrecks
Authors: Griggs Patrick 
Published: August 2024

Abstract
This chapter delves into the legal recognition and status of wrecks. Under the UK Merchant Shipping Act 1894, a ‘wreck’ is defined as including jetsam, flotsam, lagan, and derelict in or on the shores of the sea or any tidal waters. Additionally, the Collins English Dictionary defines the term shipwreck as the partial or total destruction of a ship at sea, a wrecked ship, or part of such a ship. These definitions were critical in establishing the international framework regulating wrecks-the Nairobi International Convention on the Removal of Wrecks, 2007. The Convention provides uniform international rules to ensure prompt and effective locating, marking, and removal of a wreck when deemed to be hazard. The chapter describes some of the Articles of the Convention, such as the establishment of the Convention area and the rights and obligation of States Parties regarding wrecks.
Pollution from Seabed Activities
Authors: Pereira Ricardo 
Published: August 2024

Abstract
This chapter aims to assess the extent to which international law regulates pollution from offshore installations and crafts used in seabed activities. In particular, it aims to analyse the extent to which international law addresses liability and safety issues in the context of pollution from seabed activities; as well as to assess the case for a global treaty on safety and liability, whilst considering the existing regional initiatives in the field. Indeed, with the notable exception of the global regime for dumping and deep seabed mining, most safety and liability rules in the field of pollution from seabed activities have been adopted at the regional or national levels, often as a reaction to specific accidents.
The Rio Declaration on Environment and Development
Authors: Viñuales Jorge E 
Published: August 2024

Abstract
This preliminary study provides a detailed overall analysis of the Rio Declaration, its place in the history of global environmental governance, the travaux préparatoires leading to its adoption, the architecture of the instrument, and each one of its principles. The analysis of principles pays particular attention to their normative influence, mostly on subsequent treaties and soft law instruments, and to their jurisprudential relevance in international and domestic cases. The chapter concludes with some observations on the constitutional character of the Rio Declaration.
Principle 2
Authors: Duvic-Paoli Leslie-Anne , Viñuales Jorge E 
Published: August 2024

Abstract
This chapter analyses the rationale, travaux préparatoires, conceptual scope, and normative and jurisprudential influence of Principle 2 of the Rio Declaration. It pays particular attention to the reception of this principle in numerous treaties and soft law instruments as well as to its operation in international and domestic jurisprudence.
Principle 12
Authors: Young Margaret A 
Published: August 2024

Abstract
This chapter analyses the rationale, travaux préparatoires, conceptual scope, and normative and jurisprudential influence of Principle 12 of the Rio Declaration. It analyses in detail the four dimensions of the trade-environment link identified in Principle 12, paying particular attention to their impact on treaties and soft law instruments as well as to their operation in international jurisprudence.
The Principles of Extraterritorial Jurisdiction
Authors: Ryngaert Cedric 
Published: August 2024

Abstract
The territoriality principle serves as the basic principle of jurisdiction in international law. However, national laws may be given extraterritorial application provided that these laws could be justified by one of the recognized principles of extraterritorial jurisdiction under public international law: the active personality principle, the passive personality principle, the protective principle, or the universality principle. This chapter discusses how continental European and common law countries exercise extraterritorial jurisdiction. While the active personality and the protective principles are generally deemed uncontroversial, the opposite is true for the passive personality and the universality principles. In fact, the universality principle has recently gained a remarkable but contested ascendancy. The chapter determines whether the exercise of universal jurisdiction, that is the exercise of jurisdiction without a direct link to the forum State, is lawful under international law, and if so, what limits international law attaches to it.
The American Convention on Human Rights
Authors: Antkowiak Thomas M , Gonza Alejandra 
Published: August 2024

Abstract
This book offers a thorough and critical analysis of essential rights of the American Convention on Human Rights: the rights to equality, life, humane treatment, personal liberty, property, due process, and judicial protection, as well as the freedom of expression and reparations. To do so, it closely reviews the jurisprudence of the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights, the two institutions charged with interpreting the Convention, emphasizing the Court's binding decisions. The book examines this case law with a victim-centered lens—identifying key jurisprudential developments, discussing critical areas that lack consistency and rigor, and proposing alternative conceptual approaches. Each chapter generally consists of the following: (1) an Introduction to compare the American Convention right’s formulation with equivalent rights in other major international and regional treaties; (2) a Background section to consider the right’s negotiation history; (3) a Scope of Protection section to analyze the right’s provisions, paragraph by paragraph or topic by topic; and (4) a Limitations section, if applicable, to study any limitations to the right. The specific rights examined in the book were chosen because they have been the most developed by the Court and Commission. Also noteworthy, the book’s Introduction presents an up-to-date overview of the dynamic Inter-American System, outlining the System’s legal instruments, major institutions, significant impact, and key developments.
Equality
Authors: Antkowiak Thomas M , Gonza Alejandra 
Published: August 2024

Abstract
The Convention’s Article 24 establishes two critical, autonomous rights: the right to equality before the law and the right to equal protection of the law. The Inter-American Court has declared equality to constitute a jus cogens principle, which would render it binding for all States, and expanded State obligations in this area. The Court broadly condemns many forms of discrimination, and promotes affirmative action programs. However, its standards of review and even standards of proof for differential treatment remain uncertain. Further, the Court’s interpretation of Article 24 and Article 1, both as separate concepts and in relation to each other, has been inconsistent and, more recently, problematic. The Tribunal now considers Article 24’s scope to be more limited than that of the non-discrimination provision of Article 1(1). Among other objections, this approach conflicts with the Court’s prior jurisprudence, which in turn reflected international understandings of equality principles.
Humane Treatment
Authors: Antkowiak Thomas M , Gonza Alejandra 
Published: August 2024

Abstract
Whereas other instruments only listed prohibited forms of conduct, the Convention’s Article 5 was innovative for general human rights treaties because it established an autonomous right: “Every person has the right to have his physical, mental, and moral integrity respected.” Later, other treaties followed this example and declared rights to personal integrity and human dignity. Over the last two decades, the Inter-American Court—drawing from regional human rights instruments and the jurisprudence of the European Court and the Inter-American Commission—has delivered a number of authoritative decisions. These judgments have served to expand conceptions of torture and ill-treatment, broaden State obligations, condemn gender violence, and provide wide-ranging redress to victims. Nevertheless, the Court has not always been consistent in its approaches to Article 5, and more recently has shown a troubling reluctance to find torture and other violations in certain cases.
Due Process and Judicial Protection
Authors: Antkowiak Thomas M , Gonza Alejandra 
Published: August 2024

Abstract
Article 8, the Convention’s primary due process provision, is called “Right to a Fair Trial.” However, the Article goes far beyond trials and even judicial matters, regulating proceedings of “any public authority, whether administrative, legislative or judicial, which, through its decisions determines individual rights and obligations.” These broad protections have become more expansive still through numerous judgments of the Inter-American Court. The Convention’s Article 25, Right to Judicial Protection, primarily referred to amparo—a “simple and prompt” judicial recourse to protect “fundamental rights” recognized in either State law or in the American Convention, and includes the writ of habeas corpus. Yet the Court has expanded the remedies of Article 25 beyond amparo, and the Article’s full content has become unsettled. This owes, at least in part, to the Court’s frequent method of combining Articles 8 and 25 in its judgments; the practice has hindered the latter provision’s meticulous development.
Freedom of Expression
Authors: Antkowiak Thomas M , Gonza Alejandra 
Published: August 2024

Abstract
The Convention was designed to provide vibrant guarantees for the freedom of thought and expression. Among treaties, it contains the only prohibition against prior censorship and features an innovative provision on “indirect” restrictions to expression. Interpreting Article 13, the Court became the first international human rights tribunal to establish the right to access State-held information. The Court has issued several decisions that condemned censorship and disproportionate sanctions on expression, protecting the Article 13 rights of individuals and society at large. In 2008, however, the Court began to allow more constraints on expression and to require more responsibilities of speakers. We argue that the Court must change its recent approach and prohibit criminal sanctions on expression that are used by States to protect honor and reputation. The Tribunal also must develop clear definitions and rules concerning any sanctions on speech, with the goal to promote vigorous public debate.
Procedural Law Applicable in Investor-State Arbitration
Authors: Dugan Christopher F , Wallace Jr , Rubins Noah , Sabahi Borzu 
Published: August 2024

Abstract
An important and often overlooked issue in investment treaty arbitration concerns the determination of the system of law governing procedural aspects of the arbitration. The nationality of the law governing arbitral procedure may well differ from that applicable to the merits of the dispute, which is most often subject to some combination of international law and the law of the host state. The chapter discusses the different issues of applicable procedural law that may arise in non-ICSID arbitration proceedings. It then examines the same questions in the context of the ICSID Convention.
The Course of an Investment Arbitration
Authors: Dugan Christopher F , Wallace Jr , Rubins Noah , Sabahi Borzu 
Published: August 2024

Abstract
Investment arbitrations resemble commercial arbitrations in many ways but are dramatically different in others. The presence of a sovereign state in every such dispute can transform the tone and nature of an investment dispute. Tribunals are sometimes more solicitous of the position of a sovereign than they would be of a private party, if only because of the public policy and other noncommercial issues that often arise in investment disputes. This chapter describes the course of an investment arbitration and attempts to identify some of these similarities and differences.
Enforcement of Awards
Authors: Dugan Christopher F , Wallace Jr , Rubins Noah , Sabahi Borzu 
Published: August 2024

Abstract
This chapter discusses the enforcement of arbitration awards. Topics covered include confirmation, enforcement of awards under the New York Convention, execution in investment arbitrations, and sovereign immunity and the Washington Convention. It argues that enforcing an investment treaty arbitration award against a recalcitrant state may be the most difficult, lengthy, and expensive phase of an investor-state arbitration. In recent years, some nations have sought to restrict or rescind their participation in the investor-state treaty regime. Such attempts would make the enforcement process even more problematic.
After eco-theocide: the shift from ecological conservation to eco-theological conversation in Amitav Ghosh’s The Living Mountain
Authors: Panda Arnab , Mukhopadhyay Anway 
Published: August 2024

Abstract
Challenging the ontological dualism of being and thing, the article underscores the constant movement of “energy” between these two categories by reading Amitav Ghosh’s The Living Mountain within the paradigms of New Materialism, Shakta-Tantra and an eco-theological conceptualization of “energy”. Drawing on several post-secular philosophical ideas like “ecosophy” and “cosmotheandric spirituality”, it explores the alternative, Indigenous modes of communication with and through the divine Earth, which were gradually destroyed by seductive capitalism, resulting in eco-theocide and environmental disaster. This mode of eco-theological conversation with “material” nature diverges from the discourse of sustainable “conservation” used by late capitalism to underplay the history of ecological injustice. Finally, this article also plans to situate Ghosh’s The Living Mountain within the living traditions of mountain worship prevalent in different parts of India.
Characterizing Symptom Profiles in a Military Outpatient Cohort With COVID-19 in the Île-de-France Region
Authors: Bertron Emilie , Doutrelon Caroline , Etchegoyen Gabriel , Gislot Charlotte , Clausse Odile , Verret Catherine , Coste Sébastien , Josnard Justine 
Published: August 2024

ABSTRACT

Introduction
The emergence of coronavirus disease 2019 (COVID-19) pandemic, driven by severe acute respiratory syndrome coronavirus 2, precipitated an unprecedented public health crisis, necessitating comprehensive response worldwide. The Ile-De-France region has been particularly affected, leading to rapid health care system strain and hospital saturation. Within this context, the 1st Armed Forces Medical Centre swiftly adapted its primary care services to cater to the unique needs of military personnel, leveraging telemedicine technologies for efficient health care delivery.

Materials and Methods
This study undertook an observational retrospective analysis to characterize the epidemiological profile of soldiers seeking outpatient care for non-severe COVID-19 symptoms at the 1st Armed Forces Medical Centre’s sub-centers between March and December 2020. Electronic medical records of patients were scrutinized to discern patterns in symptom presentation and evolution over time.

Results
The cross-section sample consisted of 519 patients, predominantly males (71%), with an average age of 38 years. Predominant symptoms reported were asthenia (43%), cephalalgia (41%), myalgia (40%), pyrexia (38%), and tussis (33%). A significant proportion of patients (33%) were asymptomatic at the follow-up consultations, marking a notable increase from initial assessments (14%). Although symptoms indicative of flu-like syndrome and sore throat exhibited regression between consultations, certain manifestations, such as anosmia, ageusia, and dyspnea, persisted without significant variance. Our analysis delineated five distinct symptom profiles within the cohort.

Conclusions
This study provides valuable insights into the clinical course of non-severe COVID-19 cases among military personnel receiving outpatient care, delineating five distinct symptom profiles. This complexity underscores the challenges in predicting and managing symptomatology effectively. Our findings align with existing literature but offer a unique perspective on military cohorts. Notably, in confined military settings with predominantly young and healthy individuals, symptomatic presentations tend to be milder. Robust public health interventions, including quarantine and contact tracing, are crucial to maintaining operational readiness amidst the pandemic’s challenges.
An integrated machine-learning model to predict nucleosome architecture
Authors: Sala Alba , Labrador Mireia , Buitrago Diana , De Jorge Pau , Battistini Federica , Heath Isabelle Brun , Orozco Modesto 
Published: August 2024

Abstract
We demonstrate that nucleosomes placed in the gene body can be accurately located from signal decay theory assuming two emitters located at the beginning and at the end of genes. These generated wave signals can be in phase (leading to well defined nucleosome arrays) or in antiphase (leading to fuzzy nucleosome architectures). We found that the first (+1) and the last (-last) nucleosomes are contiguous to regions signaled by transcription factor binding sites and unusual DNA physical properties that hinder nucleosome wrapping. Based on these analyses, we developed a method that combines Machine Learning and signal transmission theory able to predict the basal locations of the nucleosomes with an accuracy similar to that of experimental MNase-seq based methods.