bluuebunny/crossref_metadata_2025_split huggingface dataset:
Cognitive rehabilitation in early-stage dementia
Authors: Clare Linda 
Published: April 2012

AbstractRehabilitation approaches aiming to optimize well-being and manage disability provide an appropriate framework for the care of people with dementia. There is a long-standing tradition of cognition-focused intervention in this area, and recent work has applied the principles of cognitive rehabilitation primarily to assist people in the early stages of dementias such as Alzheimer's disease. This chapter describes three distinct types of cognition-focused intervention for people with early-stage Alzheimer's disease: cognitive stimulation, cognitive training, and cognitive rehabilitation. Evidence for effectiveness of cognitive training is very weak, but both cognitive stimulation and cognitive rehabilitation hold promise, with cognitive rehabilitation approximating most closely to the parameters set out in the evaluation criteria. Therefore, this chapter argues that cognitive rehabilitation addressing individual, personally-relevant goals, assessed in terms of impact on disability, offers the most beneficial way forward.
Apparent Gifts
Authors: Chambers Robert 
Published: April 2012

AbstractThe presumptions of resulting trust and advancement are discussed in this chapter. The chapter is concerned with the conventional category of trusts which came about in favour of people who either gratuitously transfer property to others or provide the consideration for the transfer of property to others. This chapter identifies the facts which gave rise to the presumptions of the resulting trust or advancement, i.e the primary facts which must exist before the court will infer certain secondary facts regarding intention. It also examines the secondary facts being inferred, i.e. what the court is presuming when either of the two presumptions is applied. Further, the principles of resulting trusts, i.e. how the resulting trusts respond to the facts proven and presumed, are also investigated.
Trusts Which Fail
Authors: Chambers Robert 
Published: April 2012

AbstractThe dichotomy of ‘presumed’ and ‘automatic’ resulting trusts are illustrated in this chapter. It focuses on the resulting trust which arises when an express trust fails to dispose of all the property conveyed to the trustees. This chapter argues that the distinction between presumed and automatic resulting trusts is not adequately supported by Vandervell v. I.R.C. It contends that the intention to create an express trust is not a reasonable basis for distinguishing the two categories of resulting trust. It asserts that resulting trusts in both categories are dependent on whether the provider intended to benefit the recipient. Also, this chapter argues that the resulting trust, on the failure of an express trust, is not merely the failure to dispose of the surplus, but an active response to the fact that the settlor did not intend to benefit the trustee.
Restitution
Authors: Chambers Robert 
Published: April 2012

Abstract
Restitution is the label given to a variety of legal and equitable responses to unjust enrichment gained at the expense of another, which cause that enrichment to be given up to that other. This chapter demonstrates that resulting trust is one of those responses. It contends that resulting trusts are restitutionary because they arise by operation of law to cause a person who has received an enrichment at the expense of another, to give that enrichment up to that other. This chapter has two aims: to show that all resulting trusts affect restitution to the provider of what would otherwise be the unjust enrichment of the recipient and to identify the place of the resulting trust in the law of restitution. This chapter utilizes the taxonomy of the law of restitution developed by Professor Birks in An Introduction to the Law of Restitution.
First-Measure Liability
Authors: Chambers Robert 
Published: April 2012

AbstractConsidering whether resulting trustees are also personally liable to restitution of the value received is the subject of this chapter. It examines whether the personal claims for the value received by the trustee, which are ‘determined without reference to whether he still retains’ any of that value. The potential source of personal liability explored in this chapter is the receipt of property belonging in equity to another. Further, the chapter argues that a first-measure claim against a resulting trustee should be based on the value of the property when it is converted to his or her own use and benefit, rather than its value on initial receipt.
Fiduciary Obligations
Authors: Chambers Robert 
Published: April 2012

AbstractFiduciary obligations create liabilities which are not necessarily restitutionary. This chapter examines the resulting trustee's fiduciary obligations. It contends that fiduciary obligations associated with a resulting trust depend on the situation in which the trust arises. Further, the chapter also argues that the courts should not use the existence of the resulting trust as a basis for drawing adverse evidentiary presumptions against the trustee. The chapter begins with a discussion on the nature and extent of the resulting trustee's fiduciary obligations. Then, an examination of three potential consequences of those obligations namely, the liability for breach of trust, presumptions against a wrongdoer, and liability for compound interest, are presented.
Conclusion
Authors: Chambers Robert 
Published: April 2012

AbstractThis chapter begins with a brief summary of the discussions presented in the previous chapters. It then discusses the three areas affected by the understanding of the resulting trust put forward in this book: the classification of trusts, the availability of proprietary restitution, and the application of defences to restitutionary claims. The chapter attempts to locate the resulting trust within the law of trusts according to the events which give rise to them. Three main strategies proposed to control the spread of proprietary restitution namely, the proprietary base, the risk of insolvency, and the recipient's solvency, are explored to provide an understanding on the availability of proprietary restitution. Finally, the chapter claims that the successful integration of resulting trusts with other restitutionary responses depend, in part, on the proper application of the defences available to claims based on unjust enrichment.
The Political Economy of Regional Trade Agreements
Authors: Damro Chad 
Published: April 2012

AbstractThis chapter examines the current state and the political and economic aspects of regional trade agreements (RTA) and the World Trade Organization (WTO). It supports that notion that RTA can complement multilateral trade systems and the argument that they can function as a backbone for a liberalizing international trade system. It discusses the development of International Political Economy (IPE) scholarship on RTA and addresses the transition to new regionalism in the literature. It identifies the general political motivations that often inspire governments to pursue RTA and discusses the potential implications of these political motivations for WTO multilateralism.
Regional Trade Agreements and Domestic Regulation: What Reach for ‘Other Restrictive Regulations of Commerce’?
Authors: Mathis James H. 
Published: April 2012

AbstractThis chapter discusses the internal provisions of Article XXIV of the General Agreement on Tariffs and Trade (GATT) or the requirement for regional members to eliminate ‘other restrictive regulations of commerce’ (ORRC). It considers the definitional possibilities for this term as it may apply to the domestic regulations of RTA members and examines the textual context and the limited WTO Panel and Appellate Body treatment. It concludes that ORRC has a limited reach for domestic regulations and that the duty to eliminate other restrictive regulations of commerce only extends to domestic laws of an RTA member that offer less favourable treatment to products of another regional member.
Mandatory Abolition of Anti-dumping, Countervailing Duties and Safeguards in Customs Unions and Free Trade Areas Constituted between WTO Members: Revisiting a Long-standing Discussion in Light of the Appellate Body’sTurkey—TextilesRuling
Authors: Gobbi Estrella Angela T. , Horlick Gary N. 
Published: April 2012

AbstractThis chapter discusses the ruling of the World Trade Organization (WTO) Appellate Body on the Turkey-Textiles case concerning import restrictions on imports textile and clothing products. It suggests that this represents the Appellate Body's first foray into the controversial interpretative issues involving the provisions governing customs unions and free trade areas (FTA) in Article XXIV of the General Agreement on Tariffs and Trade (GATT). The ruling on the case provide meaningful guidance on whether section 8 of Article XXIV should be interpreted as mandating or allowing elimination of trade remedies in RTA.
Do Rules of Origin in Free Trade Agreements Comply with Article XXIV GATT?
Authors: Rivas José Antonio 
Published: April 2012

AbstractThis chapter examines whether rules of origin in free trade agreements (FTA) are in compliance with Article XXIV of the General Agreement on Tariffs and Trade (GATT). It argues that FTA rules of origin qualify as ‘other regulations of commerce’ (ORC) and should therefore satisfy the conditions for ORC set forth in Article XXIV. It discusses the distinction between rules of origin that are overly restrictive and neutral rules of origin which do not add an extra and unlawful layer of protection to the already permitted tariff differentials between the Most Favoured Nation (MFN) tariffs and the FTA tariffs.
International Agreements Covering Foreign Investment in Services: Patterns and Linkages
Authors: Ortino Federico , Sheppard Audley 
Published: April 2012

AbstractThis chapter examines patterns and linkages in international agreements that cover foreign investment in services. It considers the issue of coordination or the lack of it in many international agreements covering investment in services and analyses whether bilateral and regional economic integration agreements are consistent with the multilateral disciplines embodied in the General Agreement on Trade in Services (GATS). It contends that bilateral investment treaties (BIT) and free trade agreements (FTA) violate the Most Favoured Nation (MFN) obligation enshrined in Article II GATS and that such violation cannot be justified on the basis of the Economic Integration exception of Article V of GATS.
Sustainable Development in Regional Trade Agreements
Authors: Cordonier Segger Marie-Claire 
Published: April 2012

AbstractThis chapter examines the potential of regional trade agreements (RTA) to encourage sustainable development. It suggests that the explicit recognition of the objective of sustainable development in the preamble to a trade agreement has relevance in trade law, and can be used to interpret trade measures, shedding light, in particular, on the meaning of exceptions and other aspects of a trade agreement. It discusses several mechanisms for ensuring that trade agreements will promote sustainable developments that are currently being tested in the Americas.
Dispute Settlement in Bilateral Trade Agreements: The EFTA Experience
Authors: Ziegler Andreas R. 
Published: April 2012

AbstractThis chapter examines the European Free Trade Association (EFTA) experience in dealing with dispute settlement in bilateral trade agreements. The EFTA Convention is an example that shows the development of dispute settlement in international trade agreements over the last half-century. While the original Convention relied primarily on bilateral and multilateral consultations within the main organ of the Convention, it provided the possibility for the arrangement of an examining committee to make recommendations to the Council. The chapter compares the EFTA Convention with the World Trade Organization's (WTO) Dispute Settlement Understanding (DSU).
Overlaps and Conflicts of Jurisdiction between the World Trade Organization and Regional Trade Agreements
Authors: Kwak Kyung , Marceau Gabrielle 
Published: April 2012

AbstractThis chapter examines the jurisdictional conflicts and overlaps between the World Trade Organization (WTO) and regional trade agreements (RTA). It analyses the horizontal allocation of judicial jurisdiction between RTA and the WTO, as expressed in the dispute settlement provisions of each treaty. This chapter concludes that there appears to be no legal solution for a situation where two members are faced with two treaties that contain overlapping and potentially conflicting jurisdictions.
Applicability of WTO Law in Regional Trade Agreements: Identifying the Links
Authors: HSU Locknie 
Published: April 2012

AbstractThis chapter examines the interface between World Trade Organization (WTO) law and the large number of dispute settlement panels that can potentially exist under regional trade agreements (RTA). It argues that the interpretation of the North American Free Trade Agreement (NAFTA) and other RTA should subject to the principles of Articles 31 and 32 of the Vienna Convention on the Law of Treaties (VCLT). It explains that NAFTA and RTA panels are likely to seek guidance from WTO case law as a matter of practice in situations where the NAFTA or RTA directly incorporates WTO provisions.
A primer on probabilistic inference
Authors: Griffiths Thomas L. , Yuille Alan 
Published: April 2012

AbstractThis chapter provides the technical introduction to Bayesian methods. Probabilistic models of cognition are often referred to as Bayesian models, reflecting the central role that Bayesian inference plays in reasoning under uncertainty. It introduces the basic ideas of Bayesian inference and discusses how it can be used in different contexts. Probabilistic models provide a unique opportunity to develop a rational account of human cognition that combines statistical learning with structured representations. It recommends the EM algorithm and Markov chain Monte Carlo to estimate the parameters of models that incorporate latent variables, and to work with complicated probability distributions of the kind that often arise in Bayesian inference.
Framing effects and rationality
Authors: Sher Shlomi , McKenzie Craig R. M. 
Published: April 2012

AbstractThis chapter demonstrates how the pragmatics of natural language can explain many apparent biases of ‘framing’ in reasoning. It explains that the way in which a problem is expressed carries a great deal of information, e.g. about underlying beliefs and values — and that these influence reasoners in systematic ways, although the formulation of a problem has typically been viewed as irrelevant to its solution. Thus, many ‘framing effects’ may arise, in part, because of the inadequacy of normative models that ignore the crucial informational differences between frames.
The neurodynamics of choice, value-based decisions, and preference reversal
Authors: Usher Marius , Elhalal Anat , McClelland James L. 
Published: April 2012

AbstractThis chapter aims to review some of the neurocomputational work by contrasting the various processing assumptions and the way they account for one of the most intriguing patterns in the choice data: contextual preference-reversal. It introduces a very simple process model of choice, called the leaky competing accumulator (LCA) model, which has been developed to account for both perceptual and preferential choice data. It reviews some of the data on preference reversal, and on framing effects, which are the main targets of the neurocomputational theories. It discusses two such theories, the decision-field theory (DFT) developed by Busemeyer and colleagues and an extension of the LCA. It further examines some similarities and contrasts between the models that lead to a set of experimental predictions and present experimental data aimed at testing these predictions and consider their implications for the issue of rationality in choice.
EU Peacekeeping Operations: Legal and Theoretical Issues
Authors: Tsagourias Nicholas 
Published: April 2012

AbstractThis chapter explores the theoretical, political, and legal aspects of EU peacekeeping. It considers the application of international humanitarian and human rights law to EU peacekeeping forces, and examines the international responsibility of the European Union. It also considers the Union's evolving security and defence identity, and reflects on the Union's future direction in this area.
Extraterritorial Collective Security: The European Union and Operation ARTEMIS
Authors: Abass Ademola 
Published: April 2012

AbstractThis chapter examines the 2003 armed intervention by the European Union, in the conflict in the Democratic Republic of Congo (DRC). It discusses the various legal questions that arise from the EU's extension of its collective security regime beyond Europe, especially in respect of a conflict that did not, at least directly, concern any of its Member States. Considering that Operation ARTEMIS forms part of a much broader commitment by the EU to assist African states and organisations to deal with the various problems besieging their continent, this chapter ponders the wider implications of the cooperation between the European Union and African Union and attempts to understand how this might develop in the future.
The Anti-Terrorism Dimension of ESDP
Authors: Sossai Mirko 
Published: April 2012

AbstractThis chapter analyses the fight against terrorism in the framework of the Common Foreign and Security Policy (CFSP) and the possible role of the European Union as a regional organisation under international law. It investigates the following issues: first, the changes terrorism has made to the nature of European Security and Defence Policy (ESDP) against the background of the negotiations on the Treaty establishing a Constitution for Europe; second, the consistency of the EU military contribution to the fight against terrorism with general international law and the collective security system.
Common European Defence: Competition or Compatibility with NATO?
Authors: Krieger Heike 
Published: April 2012

AbstractSince the end of the cold war new security structures have emerged within Europe. The end of the bi-polar security system has enlarged the number of actors with overlapping competences. While North Atlantic Treaty Organisation (NATO) broadened its range of permissible activities through the new Strategic Concept of 1999, efforts within the European Union aim at closer co-operation on mutual defence. This chapter examines the legal limitations for overlapping treaty obligations of NATO and EU Member States. It then argues that the EU should not pursue the idea of creating a traditional defence alliance. Rather, because of the changing understanding of defence and security, an alliance based on a clause comparable to the solidarity clause in the envisaged EU Constitutional Treaty could be a more appropriate approach in the future.
The European Armaments Policy: Aconditio sine qua nonfor the European Security and Defence Policy?
Authors: Georgopoulos Aris 
Published: April 2012

AbstractThis chapter examines the emerging institutional framework of a European armaments policy as it manifests itself from the recent developments in the field. It begins with a brief presentation of the political/security, economic, and industrial background of the European defence market, with the purpose of assisting the better understanding of the particularities of this area. It continues by examining European armaments cooperation so far undertaken in fora outside the European Union, with the aim of providing the context which explains the current developments within the EU. It then explores the ongoing initiatives of the EU and evaluates their possible impact. Finally, the chapter concludes that although the new initiatives constitute welcome developments, they have not managed so far to tackle completely the issue of institutional duplication — instead they simply replicated it within the framework of the EU.
Differentiation in EU Foreign, Security, and Defence Policy: Between Coherence and Flexibility
Authors: Wessel Ramses A 
Published: April 2012

AbstractThis chapter analyses the variations in foreign, security, and defence policy as well as the consequences of a possible fragmentation on the positioning of the Union as a united global force. Since ‘security and defence policy’ is separated from ‘foreign and security policy’, one of the key questions concerns the dividing line between the two areas. Is it possible for Member States not to participate in the security and defence integration or does the single legal order of the Union prevents this variation? A second question concerns the more general possibilities for closer or enhanced cooperation. And, finally, a third question is to what extent the proposed new EU Constitutional Treaty further consolidates the somewhat fragmented legal regime on differentiation in the area of foreign, security, and defence policy.
Security and Defence Policy within the Context of EU External Relations: Issues of Coherence, Consistency, and Effectiveness
Authors: Koutrakos Panos 
Published: April 2012

AbstractThis chapter sheds some light on a number of dimensions of the requirement of consistency and coherence which characterize the position of the European Security and Defence Policy (ESDP) within the EU external relations system. First, it examines the normative dimension of consistency by outlining the effects that the substantive interaction between security policy and external relations law may have on the legal autonomy of the respective sets of rules. It then highlights the political dimension of the need for coherence by focusing on the interactions between development cooperation and conflict prevention. Finally, it identifies certain areas where EU institutions and the Member States have developed practical mechanisms aiming at managing the conduct of ESDP and its interactions with EU external relations in an efficient manner.
The EU as a Regional Security Actor within the International Legal Order
Authors: White Nigel D 
Published: April 2012

AbstractThis chapter is concerned with the rights and duties of the European Union and the United Nations in international law in the related areas of peace and security, human rights, and democracy, as well as the legal relationship between the two bodies. It identifies the underlying principles governing the organisations and their activities. It also argues that there are fundamental legal principles underlying the function of collective security in the international community that have to be recognised and reinforced if we are to have organisational activity that is not just simply discretionary or arbitrary.
The magical number two, plus or minus: Dual-process theory as a theory of cognitive kinds
Authors: Samuels Richard 
Published: April 2012

AbstractThis chapter considers the question of whether there is some general, distinctive, and plausible dual-process thesis about cognition. It argues that there is such an account, called the type version of dual-process theory. The first section identifies a substantive and interesting class of hypotheses worthy of the ‘dual-process’ label and contrasts them with some other, rather more banal claims. The second section distinguishes between two quite different versions of the hypothesis: one on which dual-process theory is construed as a thesis about cognitive tokens, the other on which it is a thesis about cognitive types. The third section sketches the reasons for rejecting the cognitive tokens version of dual-process theory. The fourth section highlights the virtues of the cognitive types version. The last section concludes that given a clear understanding of the cognitive types proposal, one can deflect the main general objections to dual-process theorizing.