bluuebunny/crossref_metadata_2025_split huggingface dataset:
Prosecutor v. Dragan Nikolić (Decision of the Interlocutory Appeal Concerning Legality of Arrest), Case No. IT-94-2-AR73
Authors: Sloan James 
Published: November 2005

AbstractIn a 5 June 2003 decision, the appeals chamber of the ICTY considered for the first time the question of whether it possessed jurisdiction to proceed with a case, despite the fact that the accused was before it by virtue of an illegal capture. The appeals chamber's decision to overlook breaches of international law in order to ensure Dragan Nikolić's conviction was arrived at without a thorough review of the relevant facts or law, resulting in a precedent that is seriously flawed.
Investor-State Treaty-Based Arbitration in 2004
Authors: Sampliner Gary , Teitelbaum Ruth 
Published: November 2005

AbstractThe year 2004 was an active year for both the filing and rendering of decisions in investor-State treaty-based arbitrations. New decisions addressed a wide variety of issues relating to the jurisdiction and admissibility of claims under international investment treaties, as well as the coverage and meaning of their substantive provisions. This article analyzes the decisions issued in 2004 by investor-State tribunals and in annulment proceedings. It also describes developments occurring during the year concerning transparency and accountability in investor-State arbitration.
Consequences of the Prestige Sinking for European and International Law
Authors: Frank Veronica 
Published: November 2005

AbstractThe Prestige sinking in 2002 triggered a call for a re-evaluation of the existing regime governing merchant shipping. The European Union (EU) played a crucial role in the resulting regulatory reform. This article examines the public international law issues raised by the accident and the main initiatives taken at the European and international level, especially within the International Maritime Organization (IMO). It discusses, inter alia, the suggestion to amend the United Nations Convention on the Law of the Sea, new developments in the field of Particularly Sensitive Sea Areas, phasing out of single hull tankers, EU membership of IMO, flag State control and enforcement and "places of refuge". It is concluded that, despite the positive post-Prestige outcomes, some gaps still remain. For the time being, however, there is no need for new rules but rather for taking full advantage of, clarifying and effectively enforcing the existing ones.
Protecting Sensitive Marine Environments: The Role and Application of Ships' Routeing Measures
Authors: Roberts Julian 
Published: November 2005

AbstractThe application of ships' routeing measures as a means to regulate shipping for the specific purpose of protecting sensitive marine areas is becoming increasingly widespread and acceptable within the international community. While the potential for coastal states to regulate navigation for such purposes would seem to be in conflict with the traditional tenants of freedom of navigation, current practice at both the state and international level addresses this concern.This paper discusses the application of ships' routeing measures for the protection of the marine environment from the activities of international shipping, as illustrated by current state practice. Consideration is given to the evolution of IMO measures to address environmental concerns and in particular the application of mandatory routeing measures.
Death Certificates in Germany, England, The Netherlands, Belgium and the USA
Authors: Das  
Published: November 2005

AbstractEvery country has its own legal system regarding post mortem examinations and death certificates. The authorities want to know the cause and the manner of death of their citizens and especially whether someone is responsible for the death of someone else.In this article a comparison is made between the legal regulations in the Netherlands, Belgium, Germany, England and the USA. Specific attention is given to the following aspects: which official performs the post mortem exam, what is the role of the attending physician by issuing the death certificate and how is the privacy of the deceased protected.
Health, Disability & Parental Interests: Adopting a Contextual Approach in the Reproductive Torts
Authors: Priaulx Nicolette 
Published: November 2005

AbstractIllustrating the limitations of the notion that caring for a disabled child is harmful and sufficiently distinctive from the (judicially viewed harmless) experience of caring for non-disabled children, this article takes issue with the differential outcomes of the reproductive torts where success pivots upon the presence or absence of disability. Since caring for any child must be seen as bringing about a significant caring responsibility, if there is a difference in the burden that results, this will be a matter of extent, not kind. Also taking a critical view of the House of Lords recent determination of Rees v Darlington Memorial Hospital, this article notes that nor can a "common approach" to all claims of wrongful conception and birth offer an equitable alternative. Ignoring context and treating all reproductive outcomes equally for the purposes of compensation is certain to result in manifest unfairness. The thrust of the argument is that it is essential that the law embrace a more contemporary and contextual approach, based on the value of reproductive autonomy.
The Importance of National Laws in the Implementation of European Legislation of Biomedical Research
Authors: Gytis Andrulionis , Sprumont Dominique 
Published: November 2005

AbstractThe industrialization and internationalization of biomedical research is not without consequences on the regulation of research or, at least, on the interpretation of that regulation. As more research is done at the international level, the pharmaceutical industry and the research community are calling for a harmonized regulation to limit the administrative burden of controlling clinical trials and to fasten the R&D process. The purpose of this paper is to analyse briefly the role of the national laws in that process. Part I will outline the structure and the nature of the international regulation of research in a European perspective. Using the examples of research ethics committees (RECs), informed consent and the question of liability and liability insurance, Part II will analyze the importance of the national laws in the implementation of this international regulation.
From System Into Networking: The Social Shape of Ecumenism in the 21st Century
Authors: Witte Henk 
Published: November 2005

AbstractOn the threshold of post-modernism, the shape of ecumenism is in a process of change. It passes from a system to a form of networking. This article reflects on this process against the background of the question of the French sociologist of religion Jean-Paul Willaime whether ecumenism is out-of-date. According to Willaime, ecumenism has become a disordered pluralism. He only draws attention to the nihilistic and pluralistic character of post-modernism, but does not look at its aesthetic-mystic dimension. The history of western ontology shows three consecutive ways of experiencing reality: substance, system, and structure (Heinrich Rombach). Ecumenism has been developed as a system, in which unity predominates, but post-modern culture, with its priority to pluralism, challenges it to shape itself as networking and to think about unity in more sacramental and in more juridical terms.
New Perspectives on Ethiopian and African Christianity: Communalities and Contrasts in Twentieth Century Religious Experience
Authors: Persoon Joachim 
Published: November 2005

AbstractRecent political developments and factors within Ethiopian studies have led to more emphasis on the African rather than Semitic elements in Ethiopian Culture. In the religious sphere likewise there are striking communalities in the 20th century experience of Ethiopian and wider African Christendom. Some of these can be ascribed to sharing similar sociological conditions i.e. religious resurgence as a response to the marginalisation and poverty associated with globalisation. However, resemblance between Ethiopian traditions and recently developed African Christian 'traditions' indicate more profound communalities in religious perception. The paradigm of the 'knowledge buffet' and the relationship between food and religion is developed into a scheme of three stages or courses in the evolution of African and Ethiopian Christendom. These are characterised by institutionalisation, indigenisation, and internationalisation. This exemplifies the interaction between global and local factors, as individuals seek empowerment and the transformation of a negative life world through the development of religious discourse.
Mission for the Practice of Auction in the Batak Church in Indonesia
Authors: Sihombing Batara 
Published: November 2005

AbstractFor the sake of its mission the church needs to have funds. Auction is used by the Batak church in Indonesia to raise fund-rising. Normally, it is carried out at the time of church festival. The competitiveness of the Batak feature seems to suit the spirit of auction. Even though the practice of auction could collect money for the church, it also brings about some weaknesses for the Batak church to grow.
Numerical Simulation of Katabatic Flow with Changing Slope Angle
Authors: Smith Craig M. , Skyllingstad Eric D. 
Published: November 2005

Abstract
A large eddy simulation (LES) model and the Advanced Regional Prediction System (ARPS) model, which does not resolve turbulent eddies, are used to study the effect of a slope angle decrease on the structure of katabatic slope flows. For a simple, uniform angle slope, simulations from both models produce turbulence kinetic energy and momentum budgets that are in good overall agreement. Simulations of a compound angle slope are compared to a uniform angle slope to demonstrate how a changing slope angle can strongly affect the strength of katabatic flows. Both ARPS and the LES model show that slopes with a steep upper slope followed by a shallower lower slope (concave shape) generate a rapid acceleration on the upper slope followed by a transition to a slower evolving structure characterized by an elevated jet over the lower slope. In contrast, the case with uniform slope (having the same total height change) yields a more uniform flow profile with stronger winds at the slope bottom. Higher average slope in the uniform slope angle case generates greater gravitational potential energy, which is converted to kinetic energy at the bottom of the slope. Analysis of the total energy budget of slope flows indicates a consistent structure where potential energy generated at the top of the slope is transported downslope and converted into kinetic energy near the slope base.
The Alpine Mountain–Plain Circulation: Airborne Doppler Lidar Measurements and Numerical Simulations
Authors: Weissmann M. , Braun F. J. , Gantner L. , Mayr G. J. , Rahm S. , Reitebuch O. 
Published: November 2005

Abstract
On summer days radiative heating of the Alps produces rising air above the mountains and a resulting inflow of air from the foreland. This leads to a horizontal transport of air from the foreland to the Alps, and a vertical transport from the boundary layer into the free troposphere above the mountains. The structure and the transports of this mountain–plain circulation in southern Germany (“Alpine pumping”) were investigated using an airborne 2-μm scanning Doppler lidar, a wind-temperature radar, dropsondes, rawinsondes, and numerical models. The measurements were part of the Vertical Transport and Orography (VERTIKATOR) campaign in summer 2002. Comparisons of dropsonde and lidar data proved that the lidar is capable of measuring the wind direction and wind speed of this weak flow toward the Alps (1–4 m s−1). The flow was up to 1500 m deep, and it extended ∼80 km into the Alpine foreland. Lidar data are volume measurements (horizontal resolution ∼5 km, vertical resolution 100 m). Therefore, they are ideal for the investigation of the flow structure and the comparison to numerical models. Even the vertical velocities measured by the lidar agreed with the mass budget calculations in terms of both sign and magnitude. The numerical simulations with the fifth-generation Pennsylvania State University–NCAR Mesoscale Model (MM5) (mesh size 2 and 6 km) and the Local Model (LM) of the German Weather Service (mesh size 2.8 and 7 km) reproduced the general flow structure and the mass fluxes toward the Alps within 86%–144% of the observations.
A Comparison between the 4DVAR and the Ensemble Kalman Filter Techniques for Radar Data Assimilation
Authors: Caya A. , Sun J. , Snyder C. 
Published: November 2005

Abstract
A four-dimensional variational data assimilation (4DVAR) algorithm is compared to an ensemble Kalman filter (EnKF) for the assimilation of radar data at the convective scale. Using a cloud-resolving model, simulated, imperfect radar observations of a supercell storm are assimilated under the assumption of a perfect forecast model. Overall, both assimilation schemes perform well and are able to recover the supercell with comparable accuracy, given radial-velocity and reflectivity observations where rain was present. 4DVAR produces generally better analyses than the EnKF given observations limited to a period of 10 min (or three volume scans), particularly for the wind components. In contrast, the EnKF typically produces better analyses than 4DVAR after several assimilation cycles, especially for model variables not functionally related to the observations. The advantages of the EnKF in later cycles arise at least in part from the fact that the 4DVAR scheme implemented here does not use a forecast from a previous cycle as background or evolve its error covariance. Possible reasons for the initial advantage of 4DVAR are deficiencies in the initial ensemble used by the EnKF, the temporal smoothness constraint used in 4DVAR, and nonlinearities in the evolution of forecast errors over the assimilation window.
Importance of Femoral Tunnel Placement in Double-Bundle Posterior Cruciate Ligament Reconstruction
Authors: Petersen Wolf , Lenschow Simon , Weimann Andre , Strobel Michael J. , Raschke Michael J. , Zantop Thore 
Published: November 2005

Background Previous studies have identified the femoral attachment of the posterior cruciate ligament fibers as one of the primary determinants of fiber tension behavior. In addition, a double-bundle posterior cruciate ligament reconstruction has been shown to restore the intact knee kinematics more closely than does a single-bundle reconstruction. Hypothesis An anterior tunnel position in double-bundle posterior cruciate ligament reconstruction restores the biomechanics of the normal knee more closely than does a posterior tunnel position. Study Design Controlled laboratory study. Methods Kinematics and in situ forces of human knees after double-bundle posterior cruciate ligament reconstruction with 2 different femoral tunnel positions (anterior vs posterior) were evaluated using a robotic/universal force-moment sensor testing system. Within the same specimen, the resulting knee kinematics and in situ forces were compared. For statistical analysis, 2-way analysis of variance repeated measures were performed. Results The femoral tunnel position of the double-bundle hamstring graft had significant effect on the resulting posterior tibial displacement and in situ forces of the hamstring grafts. The anterior femoral tunnel position provided significantly less posterior tibial translation than did the posterior tunnel position. There was a tendency toward higher in situ forces of grafts fixed in the anterior tunnel when compared to the posterior position, but this difference was statistically not significant. Conclusion An anterior position of the bone tunnels in double-bundle posterior cruciate ligament reconstruction restores the normal knee kinematics more closely than does a posterior position of the tunnels. Clinical Relevance In double-bundle posterior cruciate ligament reconstruction, posterior placement of the tunnel should be avoided.
Anatomical Glenoid Reconstruction for Recurrent Anterior Glenohumeral Instability with Glenoid Deficiency Using an Autogenous Tricortical Iliac Crest Bone Graft
Authors: Warner Jon J. P. , Gill Thomas J. , O'Hollerhan James D. , Pathare Neil , Millett Peter J. 
Published: November 2005

Background Anterior shoulder instability associated with severe glenoid bone loss is rare, and little has been reported on this problem. Recent biomechanical and anatomical studies have suggested guidelines for bony reconstruction of the glenoid. Hypothesis Anatomical glenoid reconstruction will restore stability in shoulders with recurrent anterior instability owing to glenoid bone loss. Study Design Case series; Level of evidence, 4. Methods Eleven cases of traumatic recurrent anterior instability that required bony reconstruction for severe anterior glenoid bone loss were reviewed. In all cases, the length of the anterior glenoid defect exceeded the maximum anteroposterior radius of the glenoid based on preoperative assessment by 3-dimensional CT scan. Surgical reconstruction was performed using an intra-articular tricortical iliac crest bone graft contoured to reestablish the concavity and width of the glenoid. The graft was fixed with cannulated screws in combination with an anterior-inferior capsular repair. Results At mean follow-up of 33 months, the mean American Shoulder and Elbow Surgeons score was 94, compared with a preoperative score of 65. The University of California, Los Angeles score improved to 33 from 18. The Rowe score improved to 94 from a preoperative score of 28. The mean motion loss compared with the contralateral, normal shoulder was 7° of flexion, 14° of external rotation in abduction, and one spinous process level for internal rotation. All patients returned to preinjury levels of sport, and only 2 complained of mild pain with overhead sports activities. No patients reported any recurrent instability (dislocation or subluxation). The CT scans with 3-dimensional reconstructions obtained 4 to 6 months postoperatively demonstrated union of the bone graft with incorporation along the anterior glenoid rim and preservation of joint space. Conclusion Anatomical reconstruction of the glenoid with autogenous iliac crest bone graft for recurrent glenohumeral instability in the setting of bone deficiency is an effective form of treatment for this problem.
Ligamentous Posttraumatic Ankle Osteoarthritis
Authors: Valderrabano Victor , Hintermann Beat , Horisberger Monika , Fung Tak Shing 
Published: November 2005

Background Ankle sprains are the most common injuries in sports and recreational activities. Hypothesis Ankle osteoarthritis can be caused by ankle ligament lesions. Latency time between injury and osteoarthritis is influenced by the type and side of the injured ligaments. The side of the ligamentous lesion correlates with the hindfoot alignment. Study Design Case series; Level of evidence, 4. Methods Of a cohort of 247 patients with ankle arthritis, we reviewed data from 30 patients (33 ankles; mean age, 58.6 years) with ligamentous end-stage ankle osteoarthritis. The patients were evaluated etiologically, clinically, and radiologically. Results Etiologic analysis: 55% had a ligamentous lesion from sports injuries (soccer, 33%); 85% injured the lateral ankle ligaments, and 15% injured the medial and medial-lateral ligaments. The mean latency time between injury and osteoarthritis was 34.3 years. The survivorship rate for single severe ankle sprains was worse than that for chronic recurrent ligamentous lesions (mean latency time, 25.7 vs 38.0 years; P< .05), and the rate for medial sprains was worse than for lateral sprains (mean latency time, 27.5 vs 35.0 years; P< .05). At follow-up, the American Orthopaedic Foot and Ankle Society hindfoot score was 23.0 points, 52% had varus malalignment, 52% had persistent instability, and the mean ankle arthritis grade was 2.6 points. There was a correlation between chronic lateral ankle instability and varus malalignment. Conclusion Lateral ankle sprains in sports are the main cause of ligamentous posttraumatic ankle osteoarthritis and correlate with varus malalignment. At the time of end-stage ligamentous ankle osteoarthritis, persistent instability may be encountered.
Loss of Response to Imatinib: Mechanisms and Management
Authors: Shah Neil P. 
Published: November 2005

AbstractThe treatment of chronic myeloid leukemia (CML) has been revolutionized by the small molecule BCR-ABL-selective kinase inhibitor imatinib. Although imatinib is highly effective initially and generally well-tolerated, relapse is increasingly encountered clinically. Until recently, for the majority of CML patients with disease no longer responsive to imatinib, as well as for patients with imatinib intolerance, few effective therapeutic options existed. Our understanding of the major mechanisms of imatinib resistance has led to the clinical development of two novel BCR-ABL inhibitors that harbor significant therapeutic promise in early clinical trial experience. These agents, dasatinib (BMS-354825) and AMN107, are more potent inhibitors of BCR-ABL than imatinib, and moreover, harbor activity against nearly all imatinib-resistant BCR-ABL kinase domain mutant forms tested in vitro. Notably, neither of these compounds is effective against the imatinib-resistant BCR-ABL/T315I mutation. The potential availability of highly effective medications for the treatment of imatinib-resistant and intolerant cases of CML is expected to further complicate the timing of other effective therapies, such as allogeneic stem cell transplantation. Additionally, periodic genotyping of the BCR-ABL kinase domain to screen for drug-resistant mutations may play an increasingly important role in the future management of CML cases.