bluuebunny/crossref_metadata_2025_split huggingface dataset:
A New Way for Submitting Observations on the Construction of Multilateral Treaties to the International Court of Justice
Authors: Gaja Giorgio 
Published: May 2011

Abstract
The impact of judgments by the International Court of Justice (ICJ) goes far beyond the effects that, according to Article 59 of the ICJ Statute, judgments produce between the States parties to a case. The Court's assessment of the existence and content of rules of international law is likely also to affect States that are not parties to the judicial proceedings. While the latter States are not technically bound by judgments rendered between other States and thus are free to develop their arguments as if no judgment had been given, it is clear that the Court's rulings in previous cases will provide a significant precedent from which the Court will not easily depart. When States that are not parties to a case are likely to be affected by the judgment to be rendered, they may wish to submit to the Court their views on questions relating to the existence or content of a rule of international law that may arise. Generally, what is at stake will be a State's individual interest; however, it could also be one of the ‘common interests of the international community’ which underlie the rule of international law.
Is the Topic of Responsibility of International Organizations Ripe for Codification? Some Critical Remarks
Authors: Hafner Gerhard 
Published: May 2011

Abstract
This short survey of practical and theoretical problems associated with a codification of the topic of responsibility of international organizations (IOs) illustrates that the social basis of responsibility, namely issues of control as well as the legal qualification of the relationships between an IO and its member States and those between IOs and non-member States, are not settled so that the problems resulting therefrom have not yet been resolved. One cannot even exclude an approach that construes the responsibility imposed on IOs only as a channelling of responsibility towards IOs irrespective of the socially responsible actor such as the member State. From such a perspective, the responsibility of IOs would amount to a non-rebuttable legal fiction such as a praesumptio iuris ac de iure.
The Judge as Law-Maker: Thoughts on Bruno Simma's Declaration in the Kosovo Opinion
Authors: Bogdandy Armin von , Jacob Marc 
Published: May 2011

Abstract
Bruno Simma has always been a forceful advocate for the progressive development of international law, not least by international courts. Throughout many scholarly offerings, he has provided good arguments how lawyers can progressively develop international law without abandoning the enterprise of law altogether. He never made a secret of this modernizing thrust, openly criticizing both the positive law and the conservative attitude of certain institutions. A prominent example is his Declaration in the International Court of Justice's (ICJ) Kosovo Opinion, where he lambasts the Court's adherence to the Lotus principle for being ‘obsolete’ and calls for Advisory Opinions ‘with greater relevance as regards the international legal order’. One would in fact not be startled if his election to the bench of the ICJ occurred with an implicit mandate by the nominating and electing institutions to further his vision of international law through the Court's decisions. This chapter takes this approach as its starting point, but it discusses neither the individual elements of his progressive drive nor its overall vision. Rather, it seeks to provide some conceptual clarifications on the law-making function of the judge, and to examine differences between political and judicial modes of law-creation.
Judge Simma's Separate Opinion in the Oil Platforms Case: To What Extent are Armed ‘Proportionate Defensive Measures’ Admissible in Contemporary International Law?
Authors: Corten Olivier 
Published: May 2011

Abstract
This chapter challenges the argument that Bruno Simma developed his Separate Opinion in the Oil Platforms case, the first he signed as a judge, in November 2003. First, it exposes Simma's reasoning, and emphasizes its ambiguities concerning jus contra bellum. This ambiguity is further commented on in the following sections of the chapter. The chapter also shows that the illegality, de lege lata, of armed counter-measures, has not been challenged in recent years. Nevertheless, it is true that some types of proportionate defensive measures are not prohibited by the Charter, either in self-defence or in the exercise of sovereign police powers. Accordingly, it seems that the bulk of Simma's concerns could be addressed in the framework of existing international law.
The Arbitration Panel for In Rem Restitution and Its Jurisprudence: Extreme Injustice in International Law
Authors: Folz Hans-Peter 
Published: May 2011

Abstract
Traditionally public international law has been characterized as a legal order among States. States are the subjects of international law; they are the creators of international law and the addressees of its rules. Consequently the standards of justice and equity of international law generally refer to the values and ideals of international politics among States. The resolution of disputes between States can lead to significant disadvantages for individuals. States may sacrifice the claims of their nationals by agreeing on political solutions foreseeing a waiver of claims. This may be the case even where States seek to bestow benefits on individuals. While the legal status of individuals has steadily improved with the development of international human rights law, States still retain significant powers to conclude agreements affecting individual rights. This is particularly true in the case of settlements concerning wars and persecution. The Arbitration Panel for In Rem Restitution (Arbitration Panel) now provides a limited means of redress for individuals in cases of ‘extreme injustice’.
European Civil Procedure and Public International Law
Authors: Hess Burkhard 
Published: May 2011

Abstract
This chapter focuses not only on European civil procedural law, but it also explores its relations with public international law. This explains rests on the following observations. On the one hand, European procedural law has largely shifted away from the traditional concepts of international law relating to cross-border litigation (especially in the field of judicial assistance). However, there are still some areas in civil litigation where the traditional concepts of public international law are fully applied. On the other hand, European civil procedural law attracts ‘political litigation’ which was traditionally barred by concepts like State and diplomatic immunity, public policy, and the political question doctrine. As these concepts have been — at least partly — modified in the European Judicial Area, litigants are engaging in ‘borderline cases’ seeking redress in situations traditionally precluded by public international law. Against this background, the chapter explores whether European procedural law offers new prospects for the private enforcement of human rights.
Enforcing Community Interests Through International Dispute Settlement: Reality or Utopia?
Authors: Wolfrum Rüdiger 
Published: May 2011

Abstract
The existence of community interests is now accepted despite an ongoing discussion about the exact features and the ways and means of their establishment. However, considerable uncertainties remain as to the mechanisms of their enforcement. This chapter attempts to shed some light on the issue of enforcing community interests via international dispute settlement. In particular, it argues that the view that international law does not provide for an actio popularis glosses over the intricate problems raised with respect to implementation. Ultimately, possibilities exist to enforce some community interests by invoking international dispute settlement mechanisms. It is suggested that community interests may be grouped in at least two categories and that such categorization helps in identifying the appropriate mechanisms for enforcement.
Protectionism, Capital Freedom, and the Internal Market
Authors: Rickford Jonathan 
Published: May 2011

Abstract
Protectionism in the field of company law takes two main forms: firstly, action by governments to insulate national markets from foreign competition, mainly in markets for capital and corporate control; and secondly, action by company controllers to protect themselves from competitive forces in the same markets. There thus emerges an arena for the interplay of national (governmental) and corporate (managerial) self-interest, social policy, and internal market freedoms. The Treaty provisions on free movement of capital have more recently been recognized as an important tool in addressing the tensions involved. Even more recently their relevance has been thrown into doubt. This chapter explores the special problems of the capital freedom and examines its current and expected direction of development, taking account of the implications of developments in other fields of internal market law, notably horizontal application of freedoms of establishment and services and recent rapid developments in the complex field of corporate taxation. These have led to the most recent Court decisions on the boundary between capital and establishment, which are critically examined.
Varieties of Corporate Governance and Reflexive Takeover Regulation
Authors: Johnston Andrew 
Published: May 2011

Abstract
This chapter examines in greater detail the way in which the optionality provisions of the Takeover Directive accommodate different national varieties of corporate governance and capitalism. It briefly addresses the question of protectionism under the Directive before looking at the use of reflexive regulation in European directives more generally in order to accommodate national varieties of capitalism.
2 Horace Walpole's Anecdotes of Painting in England (1762–1780)
Authors: Junod Karen 
Published: May 2011

Abstract
Chapter 2 and the following one focus on two biographical compendia: Walpole's Anecdotes of Painting in England (1762–80) and Beckford's satirical Biographical Memoirs of Extraordinary Painters (1780). Horace Walpole's Anecdotes is usually considered the first comprehensive biographical history of the arts in England. This chapter analyses the literary structure of this text and asks the following questions: how did Walpole define and conceive of his historical project? How did he assess British art? How did he identify and publicly fashion himself as an author? The chapter examines Walpole's appropriations of George Vertue's ‘Notebooks‘. It concludes with a discussion of specific artistic topoi and shows how these formulaic anecdotes contributed to shaping certain images of artists that would developed more fully in the biographies of nineteenth-century British painters.
5 Thomas Gainsborough
Authors: Junod Karen 
Published: May 2011

Abstract
This chapter discusses the development of the sketch in eighteenth- and early nineteenth-entury Britain. By focusing on a wide variety of different narratives, including Philip Thicknesse's Sketch of the Life and Paintings of Thomas Gainsborough (1788) and other texts on the margins of the biographical form, this chapter explores the significance of the sketch – both in its visual and literary aspect – as a way of shaping and simultaneously undermining Gainsborough's artistic and biographical reputation during this period. This chapter also argues that the recurrence of the sketch in the construction of Gainsborough's posthumous life was part of a much wider discourse on the quintessential nature of British art.
An Economic Perspective on the Notion of ‘Human Capital’
Authors: Blair Margaret M. 
Published: May 2011

Abstract
This article opens by identifying two principal reasons for looking into the definition of human capital (HC). Defining HC broadly as the ‘skills, knowledge, and capabilities of the workforce’, it argues: first, that these are critical inputs to production; and second, that resources expended on increasing them are investments like more conventional investments in resources, facilities, and equipment. While a person's possessing ‘skills and knowledge’ is an old idea, the article argues that the recent history of HC is its rehabilitation as an additional variable to help explain economic growth not otherwise accounted for by conventional macroeconomic analysis. It reports that despite forty years of objections, HC has become central to macroeconomics, labour economics, growth theory, trade theory, development economics, the economics of education, the theory of the firm, human-resource management, and strategy theory – a very significant impact.
Cognition and Human Capital
Authors: Brymer Rhett A. , Hitt Michael A. , Schijven Mario 
Published: May 2011

Abstract
This article focuses on managerial, operative, and corporate cognition. It argues that ‘the transformation of knowledge into practice is mediated by the cognition of the firm's human capital (HC)’. The article posits a mutually constituting reciprocal relationship between knowledge and behaviour, the exchange being governed by cognition. It argues that managers are able to influence the firm's cognitive states even when these are path dependent and contextualized. Managers set the strategic balance between ‘learning’ and ‘using’, between ‘exploration’ and ‘exploitation’, creating effective alignment between the environment and internal activity systems through adjustments to cognition. The article cites empirical research showing a strong relationship between HC, as measured by education and experience, and firm performance. It also presumes that HC can arise at both individual and collective levels, enabling it to explore the relationship between individual and collective cognition and the value of the firm's HC.
Interdependencies between People in Organizations
Authors: Grant Robert M. , Hayton James C. 
Published: May 2011

Abstract
This article examines interdependencies among people in organizations as a critical aspect of human capital (HC) that organizations must leverage. Its primary focus is organizations which serve some economic purpose; that is, they use HC in order to produce goods or services which are then supplied to outside individuals and organizations. The article takes the perspective that HC is closely bound up with social capital, and that the benefits which organizations are able to appropriate from HC are equally dependent on their ability to encourage the functional interdependence of individuals. From this perspective, HC is more than simply the aggregation of individuals' skills and knowledge. It must also take account of the complementarities among individuals' abilities that allow individuals to perform beyond their perceived limits and permit human skills to be integrated into organizational capabilities.
Human Capital, Capabilities, and the Firm
Authors: Teece David J. 
Published: May 2011

Abstract
This article deals with organizational transformation, noting that twenty-first-century organizations are structured to extend delegation by the senior management team to those whose task-specific expertise is greater than their own. It describes Cisco as ‘a distributed idea engine whose leadership emerges organically, unfettered by a central command’. The article examines the roles in economic development of both human capital (HC) and certain types of firm-level organizational capital. The firm's entrepreneurial, administrative, and transformational capabilities – called dynamic capabilities – undergird its capacity to build and sustain competitive advantage. Maintaining these capabilities in turn requires the business enterprise to recruit, organize, motivate, and deploy highly talented literati and numerati. The basic thesis here is that organizational capabilities and the institutional and legal fabric of society are needed to enable HC – including the literati and numerati – to generate prosperity and economic progress.
Human Capital Formation Regimes
Authors: Ó Riain Seán 
Published: May 2011

Abstract
This article relocates managing human capital (HC) into the larger world of which firms are merely part. A firm's production strategies work in an institutional framework that shapes how the benefits of education are distributed and the nature of skills, work, its control, and rewards. The article builds a complex model of five elements: inputs from firms' production strategies, national welfare production regimes, pertinent labour norms and interests, the firms' goals and interests, and the political system – collectively determining a sixth, the politics of firm-level HC formation. It contrasts notions of work, education, and welfare in Germany, Japan, Sweden, the US, and the UK. This analysis stands on Esping-Andersen's distinction between modes of welfare capitalism: Liberal, Social Democratic, and Christian Democrat.
Enhanced Seed Oil Production in Canola by Conditional Expression of Brassica napus LEAFY COTYLEDON1 and LEC1-LIKE in Developing Seeds
Authors: Tan Helin , Yang Xiaohui , Zhang Fengxia , Zheng Xiu , Qu Cunmin , Mu Jinye , Fu Fuyou , Li Jiana , Guan Rongzhan , Zhang Hongsheng , Wang Guodong , Zuo Jianru 
Published: May 2011

Abstract
The seed oil content in oilseed crops is a major selection trait to breeders. In Arabidopsis (Arabidopsis thaliana), LEAFY COTYLEDON1 (LEC1) and LEC1-LIKE (L1L) are key regulators of fatty acid biosynthesis. Overexpression of AtLEC1 and its orthologs in canola (Brassica napus), BnLEC1 and BnL1L, causes an increased fatty acid level in transgenic Arabidopsis plants, which, however, also show severe developmental abnormalities. Here, we use truncated napin A promoters, which retain the seed-specific expression pattern but with a reduced expression level, to drive the expression of BnLEC1 and BnL1L in transgenic canola. Conditional expression of BnLEC1 and BnL1L increases the seed oil content by 2% to 20% and has no detrimental effects on major agronomic traits. In the transgenic canola, expression of a subset of genes involved in fatty acid biosynthesis and glycolysis is up-regulated in developing seeds. Moreover, the BnLEC1 transgene enhances the expression of several genes involved in Suc synthesis and transport in developing seeds and the silique wall. Consistently, the accumulation of Suc and Fru is increased in developing seeds of the transgenic rapeseed, suggesting the increased carbon flux to fatty acid biosynthesis. These results demonstrate that BnLEC1 and BnL1L are reliable targets for genetic improvement of rapeseed in seed oil production.
DOLICHOL PHOSPHATE MANNOSE SYNTHASE1 Mediates the Biogenesis of Isoprenyl-Linked Glycans and Influences Development, Stress Response, and Ammonium Hypersensitivity in Arabidopsis
Authors: Jadid Nurul , Mialoundama Alexis Samba , Heintz Dimitri , Ayoub Daniel , Erhardt Mathieu , Mutterer Jérôme , Meyer Denise , Alioua Abdelmalek , Van Dorsselaer Alain , Rahier Alain , Camara Bilal , Bouvier Florence 
Published: May 2011

Abstract
The most abundant posttranslational modification in nature is the attachment of preassembled high-mannose-type glycans, which determines the fate and localization of the modified protein and modulates the biological functions of glycosylphosphatidylinositol-anchored and N-glycosylated proteins. In eukaryotes, all mannose residues attached to glycoproteins from the luminal side of the endoplasmic reticulum (ER) derive from the polyprenyl monosaccharide carrier, dolichol P-mannose (Dol-P-Man), which is flipped across the ER membrane to the lumen. We show that in plants, Dol-P-Man is synthesized when Dol-P-Man synthase1 (DPMS1), the catalytic core, interacts with two binding proteins, DPMS2 and DPMS3, that may serve as membrane anchors for DPMS1 or provide catalytic assistance. This configuration is reminiscent of that observed in mammals but is distinct from the single DPMS protein catalyzing Dol-P-Man biosynthesis in bakers’ yeast and protozoan parasites. Overexpression of DPMS1 in Arabidopsis thaliana results in disorganized stem morphology and vascular bundle arrangements, wrinkled seed coat, and constitutive ER stress response. Loss-of-function mutations and RNA interference–mediated reduction of DPMS1 expression in Arabidopsis also caused a wrinkled seed coat phenotype and most remarkably enhanced hypersensitivity to ammonium that was manifested by extensive chlorosis and a strong reduction of root growth. Collectively, these data reveal a previously unsuspected role of the prenyl-linked carrier pathway for plant development and physiology that may help integrate several aspects of candidate susceptibility genes to ammonium stress.
Pause-and-Stop: The Effects of Osmotic Stress on Cell Proliferation during Early Leaf Development in Arabidopsis and a Role for Ethylene Signaling in Cell Cycle Arrest
Authors: Skirycz Aleksandra , Claeys Hannes , De Bodt Stefanie , Oikawa Akira , Shinoda Shoko , Andriankaja Megan , Maleux Katrien , Eloy Nubia Barbosa , Coppens Frederik , Yoo Sang-Dong , Saito Kazuki , Inzé Dirk 
Published: May 2011

Abstract
Despite its relevance for agricultural production, environmental stress-induced growth inhibition, which is responsible for significant yield reductions, is only poorly understood. Here, we investigated the molecular mechanisms underlying cell cycle inhibition in young proliferating leaves of the model plant Arabidopsis thaliana when subjected to mild osmotic stress. A detailed cellular analysis demonstrated that as soon as osmotic stress is sensed, cell cycle progression rapidly arrests, but cells are kept in a latent ambivalent state allowing a quick recovery (pause). Remarkably, cell cycle arrest coincides with an increase in 1-aminocyclopropane-1-carboxylate levels and the activation of ethylene signaling. Our work showed that ethylene acts on cell cycle progression via inhibition of cyclin-dependent kinase A activity independently of EIN3 transcriptional control. When the stress persists, cells exit the mitotic cell cycle and initiate the differentiation process (stop). This stop is reflected by early endoreduplication onset, in a process independent of ethylene. Nonetheless, the potential to partially recover the decreased cell numbers remains due to the activity of meristemoids. Together, these data present a conceptual framework to understand how environmental stress reduces plant growth.