bluuebunny/crossref_metadata_2025_split huggingface dataset:
Final Provisions, Including the Martens Clause
Authors: Distefano Giovanni , Henry Etienne 
Published: August 2024

Abstract
This chapter discusses the final provisions of the Geneva Conventions. These provisions appear at the end of the text of the treaty, after its normative content. These may generally refer to the duration of the treaty; the means by which it is adopted; the means by which states are allowed to express their consent to be bound by it; the conditions under which a state can—perhaps—denounce it; the terms of its entry into force; the regime (if any) of reservations (and objections) to it; the official languages; the designation of the depository (if any); its registration with the United Nations (UN) secretariat, and so on. The chapter also describes the Martens Clause, covering its origins, context of adoption, and functions.
The Concept of Non-International Armed Conflict
Authors: Moir Lindsay 
Published: August 2024

Abstract
This chapter focuses on the identification and regulation of non-international armed conflict (NIAC). It discusses Common Article 3, the first legal regulation of NIAC in an international instrument; the categories of NIAC; geographical scope; and determination of whether an armed conflict exists. It shows that the identification of NIAC is not necessarily a straightforward exercise: Common Article 3 is vague in relation to its scope of application, and alternative/competing definitions of the concept of NIAC in Additional Protocol II, the International Criminal Court Statute, international (and national) case law, and by other international bodies do not always appear entirely consistent. Also, the neat classification of armed conflict as either international armed conflict (IAC) or NIAC is not always possible due to the complex nature of many contemporary conflicts.
Good Offices, Conciliation, and Enquiry
Authors: Boutruche Théo 
Published: August 2024

Abstract
This chapter discusses procedures on conciliation and enquiry under the Geneva Conventions. Conciliation and enquiry have a common aim of clarifying disputes, and they involve establishing the veracity of claims. Enquiry focuses specifically on cases of violations of the Geneva Conventions, whereas conciliation covers all disputes pertaining to their application and interpretation. Conceptually, conciliation would tend to seek a solution for the future, while enquiry looks at what has happened. The chapter also addresses the proliferation of fact-finding and inquiry missions, notably the formal and substantive challenges these institutions face.
The Complex Relationship Between the Geneva Conventions and International Human Rights Law
Authors: Clapham Andrew 
Published: August 2024

Abstract
This chapter explains the relationship between the 1949 Geneva Conventions and international human rights law (IHRL), relying in part on the multiple decisions of international bodies that have applied one, the other, or both branches of the law to a specific situation in a particular context. It first considers how certain relevant treaties explicitly deal with their relationship with the Geneva Conventions. Secondly, it explores how one set of human rights treaties have been interpreted in the light of the treaties from the other branch; thirdly, it tackles the perception that, in some circumstances, decision-makers may be left with an apparent choice as to which regime should prevail. It concludes by looking in detail at the recent controversy over detention by states in non-international armed conflict (NIAC), and whether we should assume that IHL provides a legal basis for prolonged detention, or whether such an issue might remain dependent on human rights law.
Relations with the Outside World
Authors: Weill Sharon 
Published: August 2024

Abstract
The Geneva Convention Relative to the Treatment of Prisoners of War of 12 August 1949 (GC III) provides very detailed instructions for ensuring the contact of prisoners of wars (POWs) with the outside world. This chapter discusses these rights and their procedural requirements. It covers the main institutions and information agencies entrusted with implementing them; the obligation of states to register POWs and to transmit notification of their capture to their families and to the special agencies; specific notifications—judicial proceedings, death, and enquiries to determine the location of POWs or enquiries regarding a death; the instructions applicable to the creation of official documents and their transmission; POWs’ communication with the outside world through either Red Cross messages or modern communication facilities; and the POWs’ right to receive relief supplies.
Penal or Disciplinary Proceedings Brought against a Prisoner of War
Authors: Rowe Peter 
Published: August 2024

Abstract
This chapter discusses the provisions for penal or disciplinary proceedings brought against a prisoner of war. It considers the meaning and effect of Articles 82–108 of Geneva Convention (GC) III in light of modern conditions where states are involved in an international armed conflict (IAC). It covers the principle that POWs are to be treated in the same way as the detaining state would treat its own armed forces; preference for disciplinary over judicial measures wherever possible; prisoners of war normally to be tried by military courts; proceedings for acts committed prior to capture; rules on penalties; and fair trial and procedural rights for prisoners of war.
The Prohibition of Collective Punishment
Authors: Darcy Shane 
Published: August 2024

Abstract
This chapter discusses the prohibition of collective punishment under international humanitarian law. The prohibition of collective punishment applies to all armed conflicts as a matter of both treaty and customary international law. The relevant provisions of Article 33 of Geneva Convention IV were included without hesitancy in the treaty, demonstrating a decisive negation by the drafters of the Geneva Conventions of any perceived lawfulness or legitimacy of wartime practices of collective punishment. Both civilians and prisoners of war are protected from collective punishment, and subsequent legal developments have seen the prohibition extended to non-international armed conflict and designated as a punishable war crime under international criminal law.
The Transfer and Deportation of Civilians
Authors: Chetail Vincent 
Published: August 2024

Abstract
This chapter examines the forced displacement of civilians in an occupied territory or within the territory of a state party to an international armed conflict or a non-international armed conflict. It shows that Geneva Convention IV and Additional Protocol II are not the only source of protection for displaced persons. In this field, as in many others, international humanitarian law has been considerably enriched and reinforced by international human rights law, international refugee law, and international criminal law. This inclusive approach offers a comprehensive and systemic overview of the international protection against forcible displacement in times of armed conflict.
The Concept and the Beginning of Occupation
Authors: Sassòli Marco 
Published: August 2024

Abstract
This chapter focuses on the concept and the beginning of military occupation. It first discusses the traditional criteria that must be fulfilled for a territory to be considered occupied: the establishment of effective control over territory by a belligerent power, loss of effective control by its adversary, and absence of consent by the latter. Subsequently, those criteria which are not relevant for determining whether a territory is occupied are discussed. On this basis, the chapter then addresses the controversy on whether, and to what extent, the rules of international humanitarian law (IHL) on military occupation already apply during an invasion. Lastly, the chapter deals with special cases, such as occupation without armed resistance and national liberation wars, the relevance of occupation in non-international armed conflicts, and the particular legal consequences of a violation of IHL on military occupation.
Principle 4
Authors: Barral Virginie , Dupuy Pierre-Marie 
Published: August 2024

Abstract
This chapter analyses the rationale, travaux préparatoires, conceptual scope, and normative and jurisprudential influence of Principle 4 of the Rio Declaration. Principle 4 is one of the main expressions of sustainable development within the Declaration, and it takes the specific form of integration of environmental considerations in the formulation of policies.
Principle 10
Authors: Ebbesson Jonas 
Published: August 2024

Abstract
This chapter analyses the rationale, travaux préparatoires, conceptual scope, and normative and jurisprudential influence of Principle 10 of the Rio Declaration. It pays particular attention to how the rights of access to environmental information, participation in environmental decision-making and access to justice have played a major role both in the development of treaties or soft law instruments and it a growing body of domestic and international jurisprudence.
Settling Investment Disputes
Authors: Dolzer Rudolf , Schreuer Rudolf 
Published: August 2024

Abstract
This chapter begins with a discussion of state v state disputes, covering diplomatic protection and direct disputes between states. The second section discusses investor v state disputes. Topics covered include the role of domestic courts, arbitration and conciliation, arbitration institutions and regimes, subject matter of the dispute, parties to the dispute, and the applicability of MFN clauses to dispute settlement.
Standards of Protection
Authors: Dolzer Rudolf , Schreuer Rudolf 
Published: August 2024

Abstract
This chapter discusses standards of protection. Topics covered include the concept of fair and equitable treatment, full protection and security, the umbrella clause; access to justice, fair procedure, and denial of justice; emergency, necessity, armed conflicts, and force majeure; preservation of rights, arbitration or discriminatory measures, national treatment, and most-favoured-nation treatment.
Antitrust and Patent Law
Authors: Devlin Alan 
Published: August 2024

Abstract
This chapter sets out the book’s main purpose, which is to serve all of those interested in the application of antitrust law to technology. There is an intricate relationship between competition law and the patent system. The difficulty stems from the patent regime’s efforts to accommodate new technologies that are heterogeneous and respond to different innovation incentives. Policymakers increasingly call on competition law to ameliorate problems that are a function of patent law, making it important for practitioners in this space to understand both antitrust and patent law at a substantive level. Further, as antitrust–patent law is an international affair, this book explores the world’s most important competition regimes: the United States and European Union. It discusses the unique challenges accompanying antitrust in the new economy; outlines differences between EU and US antitrust regimes; and explains why antitrust analysis of patent issues is more complex than most objects of competition policy.
The Patent Crisis and its Antitrust Implications
Authors: Devlin Alan 
Published: August 2024

Abstract
This chapter explores contemporary issues in the patent system. It begins by explaining how patents have evolved to play distinct roles in various industries, and how that phenomenon may implicate competition law. Long a bulwark of life-sciences innovation, patents also play important roles in other technology industries. Nevertheless, although patents may be critical to biopharmaceutical R&D, feature prominently in firm strategy in high-tech industries, and play a material role in allowing startups to attract venture capital, they appear generally to be ancillary to larger incentives to invent such as competition, first-mover advantage, and trade secrecy. The remainder of the chapter discusses US and EU patent law, the economic function that patents serve, the critical importance of strong intellectual property rights (IPRs) over certain innovations and in particular industries, and the damage that a partially malfunctioning US system has wrought on the high-technology sector.
Market Definition, Monopoly Power, and Patented Technology
Authors: Devlin Alan 
Published: August 2024

Abstract
Market definition is antitrust’s first port of call in analysing nonhardcore offences. It is the foundation on which almost all competition analysis rests. Defence lawyers who convince agencies or courts to define the relevant market expansively often defeat liability or merger challenges, while plaintiffs who show a narrow market often establish sufficient market power to trigger application of the pertinent US or EU antitrust statute. This chapter deals with market definition and monopoly power, addressing US and EU laws in turn. It first contextualizes that discussion by exploring the idiosyncratic market-definition questions that are unique to the antitrust–patent space. It then discusses US and EU law on market power, focusing in particular on how authorities try to separate the fact and legality of monopoly power held by a patentee. Next, it explains how the law defines markets that feature patented technology. It separately addresses upstream technology-licensing and downstream product markets.
Patent Misuse
Authors: Devlin Alan 
Published: August 2024

Abstract
This chapter explains the patent-misuse doctrine, which all US patent litigators and antitrust lawyers working in the patent space should understand. Under that doctrine, if a patentee extends the scope of his or her lawful monopoly with anticompetitive effect, the patent is unenforceable until the patentee purges the effects of the misuse. Misuse features routinely as an affirmative defence in patent-infringement lawsuits. Although the Federal Circuit has curtailed the defence, the US Supreme Court breathed new life into it in its 2015 decision in Kimble v. Marvel. EU law has no close parallel to the misuse doctrine. The chapter begins with a concise articulation of the rules governing misuse today. It concludes by historically tracing the doctrine’s evolution and offers some thoughts on how best to understand it.
Technology Transfer
Authors: Devlin Alan 
Published: August 2024

Abstract
This chapter addresses technology transfer, through which patentees license their claimed technologies in upstream licensing markets. Many competition lawyers who practise in the patent space advise clients on intellectual property (IP)-licensing contracts and on the various clauses that can create antitrust issues. The chapter provides such attorneys with an account of both EU and US law, and explains why the law deems certain restraints to be problematic. It also explores a common patent-licensing arrangement taking the form of patent pools and portfolio cross-licensing deals. Such mechanisms are distinct from technology-transfer agreements, as they predominantly entail competitors in downstream product markets cross-licensing one another—and, in the case of a patent pool, licensing third parties—to create a clearing position.
Closing Thoughts
Authors: Devlin Alan 
Published: August 2024

Abstract
This chapter summarizes the book’s main themes and presents some final thoughts. This book explored the restraints that a patentee may lawfully impose on its licensees; the circumstances in which a patentee must license its technology; limits on patent procurement and aggregation; when a patent owner loses antitrust immunity in filing suit; and how owners of standard-essential technologies may wield their patents. Further, it considered market definition in the technology space and how competition policy and the patent system interact at a theoretical level. While no book can capture every nuance of the antitrust–patent relationship, let alone convey every detail potentially relevant to practising law in this fascinating area, the hope here is that students of competition law in the new economy will find valuable insights in this book and seek to pursue the subject at a deeper level.
Regulating algorithmic care in the European Union: evolving doctor–patient models through the Artificial Intelligence Act (AI-Act) and the liability directives
Authors: Solaiman Barry , Malik Abeer 
Published: August 2024

Abstract
This article argues that the integration of artificial intelligence (AI) into healthcare, particularly under the European Union’s Artificial Intelligence Act (AI-Act), poses significant implications for the doctor–patient relationship. While historically paternalistic, Western medicine now emphasises patient autonomy within a consumeristic paradigm, aided by technological advancements. However, hospitals worldwide are adopting AI more rapidly than before, potentially reshaping patient care dynamics. Three potential pathways emerge: enhanced patient autonomy, increased doctor control via AI, or disempowerment of both parties as decision-making shifts to private entities. This article contends that without addressing flaws in the AI-Act’s risk-based approach, private entities could be empowered at the expense of patient autonomy. While proposed directives like the AI Liability Directive (AILD) and the revised Directive on Liability for Defective Products (revised PLD) aim to mitigate risks, they may not address the limitations of the AI-Act. Caution must be exercised in the future interpretation of the emerging regulatory architecture to protect patient autonomy and to preserve the central role of healthcare professionals in the care of their patients.
Identifying Suicide-Related Predictors Using Overseas Airborne Infantry Brigade Serious Incident Reports
Authors: Paul Benjamin T , Greeno Catherine G , Kloepper Michael F 
Published: August 2024

ABSTRACT

Introduction
Suicidal ideation and attempts are considered to be graduated risks for suicide, yet they remain under studied. Suicide is among the leading causes of death in the U.S. for all individuals between the ages of 10 and 64 years. Suicide is a critical problem in the U.S. Military. The U.S. Army suicide rates surpassed civilian rates in 2008 and continue to climb steadily; with U.S. Army soldiers at more than twice the risk than U.S. civilians, and enlisted personnel at more than twice the risk of officers. Suicidal ideation and attempts are routinely reported within U.S. Army brigades using suicide-related serious incident reports (SR-SIRs). These reports could form a useful source of information for prevention planning, but to date there have been no efforts to summary these reports. This paper analyzes SR-SIRs among enlisted personnel for a 4-year period for 1 Army brigade, to test the usefulness of this information and to explore whether risk factors for attempts compared to ideation can be identified.

Materials and Methods
This report analyzes 130 de-identified reports of suicidal ideation (n = 102) and suicide attempts (n = 28) reported as SR-SIRs from August 2018 to June 2022 among enlisted personnel in an airborne infantry brigade combat team (BCT) outside the continental U.S. Analysis of de-identified data was not considered research by brigade and university human subject/IRB authorities. Fourteen soldier characteristics and context factors were examined to determine if they differentiate the two types of incidents, suicidal ideations and suicide attempts.

Results
Unit location and alcohol use at the time of the incident were strongly associated with suicide attempts compared to ideation. Attempts occurred disproportionately during off duty hours, and attempters were less likely to have had prior contact with behavioral health services than ideators; however, these differences did not attain conventional statistical significance.

Conclusions
The study can help inform unit-specific suicide prevention and intervention strategies. Off duty hours and alcohol use are risk factors for attempts. Plans to engage and support soldiers who have sought behavioral health care during off duty hours, and information regarding the risks of alcohol use, could meaningfully reduce their risk. This is the first known attempt to examine active duty U.S. Army brigade combat team SR-SIRs, and they are a potentially valuable source of health and mental health-related information.
Chemical synthesis of 2″OMeNAD+ and its deployment as an RNA 2′-phosphotransferase (Tpt1) ‘poison’ that traps the enzyme on its abortive RNA-2′-PO4-(ADP-2″OMe-ribose) reaction intermediate
Authors: Arnold Jakob , Ghosh Shreya , Kasprzyk Renata , Brakonier Marcel , Hanna Markus , Marx Andreas , Shuman Stewart 
Published: August 2024

Abstract
RNA 2′-phosphotransferase Tpt1 catalyzes the removal of an internal RNA 2′-PO4 via a two-step mechanism in which: (i) the 2′-PO4 attacks NAD+ C1″ to form an RNA-2′-phospho-(ADP-ribose) intermediate and nicotinamide; and (ii) transesterification of the ADP-ribose O2″ to the RNA 2′-phosphodiester yields 2′-OH RNA and ADP-ribose-1″,2″-cyclic phosphate. Although Tpt1 enzymes are prevalent in bacteria, archaea, and eukarya, Tpt1 is uniquely essential in fungi and plants, where it erases the 2′-PO4 mark installed by tRNA ligases during tRNA splicing. To identify a Tpt1 ‘poison’ that arrests the reaction after step 1, we developed a chemical synthesis of 2″OMeNAD+, an analog that cannot, in principle, support step 2 transesterification. We report that 2″OMeNAD+ is an effective step 1 substrate for Runella slithyformis Tpt1 (RslTpt1) in a reaction that generates the normally undetectable RNA-2′-phospho-(ADP-ribose) intermediate in amounts stoichiometric to Tpt1. EMSA assays demonstrate that RslTpt1 remains trapped in a stable complex with the abortive RNA-2′-phospho-(ADP-2″OMe-ribose) intermediate. Although 2″OMeNAD+ establishes the feasibility of poisoning and trapping a Tpt1 enzyme, its application is limited insofar as Tpt1 enzymes from fungal pathogens are unable to utilize this analog for step 1 catalysis. Analogs with smaller 2″-substitutions may prove advantageous in targeting the fungal enzymes.
Using recurrent neural networks to detect supernumerary chromosomes in fungal strains causing blast diseases
Authors: Gyawali Nikesh , Hao Yangfan , Lin Guifang , Huang Jun , Bika Ravi , Daza Lidia Calderon , Zheng Huakun , Cruppe Giovana , Caragea Doina , Cook David , Valent Barbara , Liu Sanzhen 
Published: August 2024

Abstract
The genomes of the fungus Magnaporthe oryzae that causes blast diseases on diverse grass species, including major crops, have indispensable core-chromosomes and may contain supernumerary chromosomes, also known as mini-chromosomes. These mini-chromosomes are speculated to provide effector gene mobility, and may transfer between strains. To understand the biology of mini-chromosomes, it is valuable to be able to detect whether a M. oryzae strain possesses a mini-chromosome. Here, we applied recurrent neural network models for classifying DNA sequences as arising from core- or mini-chromosomes. The models were trained with sequences from available core- and mini-chromosome assemblies, and then used to predict the presence of mini-chromosomes in a global collection of M. oryzae isolates using short-read DNA sequences. The model predicted that mini-chromosomes were prevalent in M. oryzae isolates. Interestingly, at least one mini-chromosome was present in all recent wheat isolates, but no mini-chromosomes were found in early isolates collected before 1991, indicating a preferential selection for strains carrying mini-chromosomes in recent years. The model was also used to identify assembled contigs derived from mini-chromosomes. In summary, our study has developed a reliable method for categorizing DNA sequences and showcases an application of recurrent neural networks in predictive genomics.