bluuebunny/crossref_metadata_2025_split huggingface dataset:
Prospects for the Development of Medical Negligence Litigation in the UK
Authors: Hughes  
Published: November 2003

AbstractThe system of compensation for medical negligence in the UK is under substantial strain. Government response to this reflects the quintessential role of mediating and harmonising between conflicting rights and competing goods. The increasing tide of consumer pressure in society at and on providers of healthcare has resulted in a rapid growth of claims and complaints. Government responsibility for the administration of justice, the provision of legal aid and the funding of healthcare presents a related net of policy choices to government seeking to reflect and shape public attitudes and public services.
Development of Patients' Rights Legislation
Authors: Merakou  , Tragakes  
Published: November 2003

AbstractIn the period up to 1992, patients' rights in Greece were indirectly addressed through relevant provisions in Civil, Penal, Administrative and Disciplinary Law, as well as in the Code on the Practice of Medicine and the Regulation of Medical Deontology. In 1992, broader health care reform legislation contained provisions directly addressing the rights of hospital patients. In 1997, again as part of broader health care reform legislation, further provisions extended the rights of patients granted in 1992 to the entire population, and in addition provided for the implementation of the legislative provisions. The immediate implementation of the patients' rights provisions of the 1997 legislation represents a major step forward with respect to improving the quality of health care services provided.
Confronting the Possible Eugenics of the Past Through Modern Pressures for Compensation
Authors:   Hocking
Published: November 2003

AbstractCompensation is a primary legal mechanism to provide recompense for harm. It is a feature of both common (Anglo-Celtic) law and of civil (European) law systems. In both systems it deals with harms that occur across the world. It has featured in particular in claims for product liability, vehicle accident and workplace accident related harm. This form of claim is common to both the common law and the civil law system, although each system of law has developed distinctive features. While there are differences between the common law and the civil law jurisdictions in this context, there have been distinctive, new, and common, features to emerge from the concept of compensation over the past decade. Chief among these is the search for a unifying principle of compensation, one that can encompass the most recent pressure upon this area of law: compensation that reflects reparation for wrongs now the subject of broad human rights and humanitarian concern. Such wrongs include criminal actions by the state, and breaches of duty of care by state bodies leading to abuse and neglect of children. This paper will canvass some recent cross-jurisdictional cases with a view to establishing commonalities in the quest for a global shift from compensation to reparation. It looks in particular at compensation in the context of earlier governmental policies that have since been considered to contain or imply notions of eugenics. In keeping with two earlier papers published in this journal, the paper notes that while this is a matter of international concern, there can be a constructive comparative focus in examining both Australia and Sweden. The primary concern of the paper is to raise issues that concern the future of genetic research, placing that future in a reflective past context.
Universalism and Title to Territory in Antarctica
Authors: Scott  
Published: November 2003

AbstractThe debate about whether international law could or should be universal has often centred on the somewhat nebulous phenomena of the relativity of cultural values, ideas, and use of language. While these are important considerations, this paper hightlights the fact that in the international law of Antarctica, universalism has had the practical legal effect of defining the issue in dispute. Prior to World War Two there were two distinct international legal regimes pertaining to territory in Antarctica. For the South American states the issue at stake was the location of their mutual boundary in territory to which they had long assumed sovereign rights; for the Europeans sovereignty itself was the issue with which they sougth to deal. Once the two regimes came into conflict – at least as regards that portion of Antarctica opposite the South American mainland – it was the European regime, under the guise of being `universal' international law, that came to define the issue in dispute. While the issue has never been settled, universalism has functioned to favour the position of the United Kingdom over those of Chile and Argentina. Sovereignty has remained the core issue in Antarctic law and politics. All writers on Antarctic law and politics who fail to recognize the evolution of two Antarctic legal regimes of which one has defined the current issue in dispute deny implicitly the existence of the Chilean-Argentine regime of boundary definition. Through doing so, they also perpetuate the myth of international law as universal.
A Preliminary Study of the Problem of the Isle of Kolbeinsey
Authors: Jia  
Published: November 2003

AbstractThe diversity of modes of acquisition of territory is a well researched topic in international law, but little has been written on the possibilities of divestment of a title to territory. Natural changes of coastal formations can divest the coastal State of some area of land and maritime territory and greatly affect its national economy. An illustrative case is the phenomenon of erosion by sea of offshore islands. This study is particularly focused on one such case concerning an uninhabited Icelandic islet, Kolbeinsey. The vanishing of the islet is aggravating existing concerns about the allocation of fish stocks in the area, and there will arise the problem of loss of varioius maritime zones pertaining to the islet and to the Icelandic mainland. This paper will examine the way in which Iceland may continue to enjoy the whole or part of the extant jurisdiction in the Kolbeinsey area. Issues to be addressed include those as to whether Kolbeinsey is a juridical island and whether the concepts of artificial islands and low-tide elevations are helpful in the instant case.
Iceland, Whaling and the U.S. Pelly Amendment: The International Trade Law Context
Authors: McDorman  
Published: November 2003

AbstractIceland, a non-member of the International Whaling Commission, is considering a return to commercial whaling. It is inevitable that should Iceland recommence commercial whaling that the United States, pursuant to the Pelly Amendment, will threaten the imposition of trade measures against Iceland.This contribution examines the impact on all nations, most particularly the whaling nations, of both a U.S. decision not to impose an embargo against Iceland and a U.S. decision to impose an embargo against Iceland. In either scenario whaling nations have good reason to be concerned.
Russia in Transition: Reflections on International Law Doctrines
Authors: Låström  
Published: November 2003

AbstractThe article discusses the development of the Russian international law doctrine from the Soviet to the Russian era. The analysis is conducted by way of examining two Russian international law textbooks, the one being from the Soviet era and the other from the post-Soviet era. At first sight, one is inclined to expect that a deep-going social change, such as the one Russia has experienced, would indeed be reflected in doctrines about international law. The Soviet doctrine of international law claimed to provide a Marxist account of law. However, the base-superstructure analysis and historical materialism are premises that are not easily reconcilable with international law. Therefore, the Soviet writers were prone to much abstract theorizing about the “essence”and “nature” of international law. Furthermore, the revolutionary argument combined with extreme positivism led to a methodological schizophrenia in the Soviet international law doctrine. Now, the Marxism-Leninism is abandoned and the socialist dogmas of “peaceful coexistence of states belonging to different socio-economic systems” as well as “the principles of socialist internationalism” have accordingly become obsolete. The aim of this article is to establish to what extent the social change is reflected in the present Russian international legal thought.
The Dynamics of International Criminal Tribunals
Authors: Sob  
Published: November 2003

AbstractWaging war appears to be a constant feature of human behaviour. Until World War II, violations of the Law of War were generally punishable before national tribunals; this practice, however, proved unsatisfactory. The Nuremberg and Tokyo International War Crimes Tribunals appeared as the first successful attempts to delocalise proceedings related thereto, bearing in mind the absolute primacy of inflicting exemplary punishment on the guilty. The International Criminal Tribunals for the Former Yugoslavia and Rwanda upheld an extended definition of punishable crimes under Conventional and/or Customary Law, while instituting more guarantees of fairness, i.e.: judges chosen from outside the warring parties, rejection of the death penalty, awarding compensation to victims and ensuring the protection of witnesses. Despite the application of ex posto facto law, it is worth recalling that human rights protection is clearly identified as an essential focus of the later ad hoc tribunals. However, only the institution of a permanent international criminal tribunal seems conductive to setting the seal on the determination of the international community to put in place an effective deterrent to resorting to war as a means of settling inter-societal disputes.
The European Court of Justice Is an International Court
Authors: Allain  
Published: November 2003

AbstractThe achievements of the European Court of Justice in instilling the rule of law within the domain of economic integration is to witness to what extent public international law can be dynamic. For the Court of Justice, which attempted to slip its international law origins by characterizing European Community law as belonging to a ‘new legal order’; the post-Maastricht era has been a rude awakening. So effective was the European Court, during its first four decades, that Community law was seen as being set apart from traditional international law; as being sui generis. However, with the Maastricht Treaty and again with the Amsterdam Treaty, it has become evident that the creation of what is today termed the ‘European Union’ is governed by international law and that, ultimately, it is the States and not the European institutions – foremost among them the Court of Justice – which are the ‘Herren der Verträge’.Yet, within the domain of economic integration, the European Court has acted in a truly revolutionary manner for an international court. Barring witness to the achievements of the Luxembourg Court in this domain is to realize to what extent international law can be moulded to achieve results. The lesson to be learnt from the function of the European Court within the field of economic integration is that if there is State consensus, an international court can promote and actively ensure the rule of law. While the uniqueness of the European experience and that of the European Court of Justice may not be able to be grafted onto other areas of the international relations, what the evolution of the European Court does provide is a new way of thinking about international law. The supranational elements, those ‘constitutional’ areas of European law demonstrate the avenues that public international law can travel, if States are willing to allow it.
The Work of the International Law Commission at Its Fifty-First Session (1999)
Authors: Simma  
Published: November 2003

AbstractThe article provides an overview of the work of the International Law Commission at its fifty-first session (1999). The topics covered are Nationality in relation to the succession of States; State responsibility; Reservations to treaties; Jurisdictional immunities of States and their property; Unilateral acts of States; International liability for injurious consequences arising out of acts not prohibited by international law (prevention of transboundary damage from hazardous activities); and Diplomatic protection.
Performance of Obligations as the Basis of Jurisdiction and Choice of Law (Lugano and Brussels Conventions Article 5(1) and Rome Convention Article 4)
Authors: Cordero Moss  
Published: November 2003

AbstractWhen a dispute arises in connection with an international contract, it is necessary to clarify two matters: (i) the courts of which country are competent to decide on the dispute, and (ii) the law of which country applies to the merits of the dispute. Within the European Union, these matters are clarified, respectively, by the Brussels Convention on (i.a.) jurisdiction and by the Rome Convention on the law applicable to contractual obligations. The scope of application of the Brussels Convention is extended also to cover the EFTA Countries, through the Lugano Convention. The scope of the Rome Convention, on the contrary, does not reach beyond the European Union. This imbalance in the relationship between choice of forum and choice of law is particularly noticeable in Norway, which does not have a codified system of choice of law rules. The relationship between choice of forum rules and choice of law rules is highlighted in this article from the point of view of a specific connecting factor: the performance of the disputed obligation.
Language and the Administration of Justice: The International Framework
Authors: Henrard  
Published: November 2003

AbstractLanguage use in court proceedings, in prisons, and in communications with the police are three areas of interest within the domain of the administration of justice. If the existing standards that are of explicit or implicit relevance for language use in the administration of justice are analysed, the relevant general human rights provisions, minority rights standards and prison rules should be studied. Whereas the first category of rights reflects concerns of justice and fairness, and are thus formulated in terms of ’language one understands’, the second one refers more directly to minority languages (and thus also languages of the various population groups in plural societies without majority population). However, the latter provisions are so vague and replete with escape clauses that their actual contribution to the accommodation of linguistic diversity in respect of the administration of justice remains doubtful. The prison rules do not reveal any great attention to language issues, but the European Prison Rules (Council of Europe) definitely provide important guidelines. The specific Council of Europe Recommendation regarding Foreign Prisoners is much more language-sensitive and is arguably also applicable by analogy to prisoners speaking a language differing from the preferred state language. Overall, it is obvious that this area of law and its specific problems are little analyzed and not yet fully explored. It is to be hoped that this article will contribute to both the academic debate and policy developments in multilingual states.
Vera Gowlland-Debbas (ed.), The Problem of Refugees in the Light of Contemporary International Law Issues (The Hague: Martinus Nijhoff, 1996); Hélène Lambert, Seeking Asylum: Comparative Law and Practice in Selected European Countries (Dordrecht: Martinus Nijhoff, 1995)
Authors: van Selm-Thorburn  
Published: November 2003

AbstractNo Abstract
From Yugoslavia to Bosnia: Accommodating National Identity in National and International Law
Authors: McGoldrick  
Published: November 2003

AbstractThis article examines the constitutional and international law aspects of accommodating national identity in the historical process from Yugoslavia to Bosnia. Broad strategies to deal with crises are outlined. Detailed consideration is given to the whole range of international legal responses to the conflict in Yugoslavia, which were deployed in the pursuit of accommodating national identity. The Dayton Peace Agreement of November 1995, which included a Constitution of Bosnia and Herzegovina and an Agreement on Human Rights, is analyzed. Particular attention is given to the 'internationalizing' of the Constitution of Bosnia in terms of its making, its terms and its implementation. The article contains an assessment of the implementation and of the significance of the Dayton Agreement three years on. The concluding sections provide an overall assessment of the international responses and consider future strategies for accommodating national identity.
Comments on Angonese (Case C-281/98 of 6 June 2000), Graf (Case C-190/98 of 27 January 2000), Delège and Lehtonen (Cases C-51/96 and 176/96 of 11 and 13 April 2000), Nazli (Case C-340/97 of 10 February 2000) and Kaba (Case C-356/98 of 11 April 2000)
Authors: Martin  
Published: November 2003

AbstractNo Abstract
E. Holthöfer, Ein deutscher Weg zu moderner und rechtsstaatlicher Gerichtsverfassung – Das Beispiel Württemberg. [Veröffentlichungen der Kommission für Geschichtliche Landeskunde in Baden-Württemberg, Reihe B: Forschungen, 137]. Kohlhammer, Stuttgart 1997. XI + 328 S.
Authors:   Theisen
Published: November 2003

AbstractNo Abstract
Pouvoirs et institutions dans la France médiévale,tome I: Des origines àl'époque féodale, par O. Guillot et Y. Sassier, tome II: Des temps féodaux aux temps de l'Etat, par A. Rigaudière. Armand Colin, [Paris 1994]. 332 et 320 p.
Authors: Cauchies  
Published: November 2003

AbstractNo Abstract
Le registre des causes civiles et criminelles de la justice de Choisy-le-Temple: 1475-1478, éd. et commenté par Marie-Claire Chavarot. Centre d'Études d'Histoire Juridique, Paris 1992. 198 p. (index des matiéres par Ph. Paschel, paru à part, Paris 1996 [23 p.])
Authors: Dauchy  
Published: November 2003

AbstractNo Abstract
Sigrid Jacoby, Allgemeine Rechtsgrundsätze: Begriffsentwicklung und Funktion in der Europäischen Rechtsgeschichte. [Schriften zur Europäischen Rechts- und Verfassungsgeschichte, 19]. Duncker & Humblot, Berlin [1997]. 319 S.
Authors: Wijffels  
Published: November 2003

AbstractNo Abstract
Martina Müller-Ehlen, Hereditatis petitio: Studien zur Leistung auf fremde Schuld und zur Bereicherungshaftung in der römischen Erbschaftsklage. [Forschungen zum römischen Recht, 42]. Böhlau, Köln-Weimar-Wien 1998. XIV + 468 p.
Authors: Johnston  
Published: November 2003

AbstractNo Abstract
Gene interactions and stroke risk in children with sickle cell anemia
Authors: Hoppe Carolyn , Klitz William , Cheng Suzanne , Apple Ray , Steiner Lori , Robles Lara , Girard Tom , Vichinsky Elliott , Styles Lori ,   the CSSCD Investigators
Published: November 2003

Abstract
Stroke is a devastating complication of sickle cell anemia (SCA), affecting up to 30% of children with the disease. Despite the relative frequency of stroke in SCA, few predictors of risk exist. Because stroke in SCA is likely a multifactorial disease, analysis of the combined effect of multiple genetic variants may prove more successful than evaluation of individual candidate genes. We genotyped 230 children with SCA for 104 polymorphisms among 65 candidate vascular genes to identify risk associations with stroke. Patients were phenotyped based on magnetic resonance imaging/angiography (MRI/MRA) findings into large-vessel (LV) versus small-vessel (SV) disease stroke subgroups. Specific polymorphisms in the IL4R 503, TNF (-308), and ADRB2 27 genes were independently associated with stroke susceptibility in the LV stroke subgroup, while variants in the VCAM1 (-1594) and LDLR NcoI genes were associated with SV stroke risk. The combination of TNF (-308)GG homozygosity and the IL4R 503P variant carrier status was associated with a particularly strong predisposition to LV stroke (odds ratio [OR] = 5.5; 95% confidence interval [CI] = 2.3-13.1). We show that several candidate genes may play a role in predisposition to specific stroke subtypes in children with SCA. If confirmed, these results provide a basis for population screening and targeted intervention to prevent stroke in SCA.
Synthesis of Hexagonally Ordered Super-Microporous Silicas, Using Conventional Alkyltrimethylammonium Bromide, as Adsorbents for Water Adsorption Heat-Pump Systems
Authors: Yano Kazuhisa , Fukushima Yoshiaki 
Published: November 2003

Abstract
Super-microporous silicas with an ordered hexagonal structure were synthesized under dilute conditions using a conventional alkyltrimethylammonium halide as a template. The d100 of the super-microporous silicas was approximately 23 Å. The pore diameter of one of the obtained samples, determined by an argon adsorption measurement, was 16.7 Å. This material adsorbed water vapor with a P/P0 value higher than 0.29, while desorbing it with a P/P0 value lower than 0.14. It can be inferred that this super-microporous silica is suitable as an adsorbent for an adsorption heat-pump system.
Crystal Structure of High Temperature Phase and Ionic Conductivity Mechanism of CuHgSX (X = Cl, Br)
Authors: Moro’oka Masakazu , Ohki Hiroshi , Yamada Koji , Okuda Tsutomu 
Published: November 2003

Abstract
We found a new ionic conduction phase in CuHgSCl above 373 K and in CuHgSBr above 346 K. The crystal structures of these novel phases have been determined by Rietveld refinement of powder X-ray diffraction patterns. The electric conductivity at 500 K measured by AC impedance method was 1.4 × 10−5 S cm−1 for CuHgSCl and 4.0 × 10−6 S cm−1 for CuHgSBr. The activation enthalpy was determined to be 53 kJ mol−1 for CuHgSCl and 67 kJ mol−1 for CuHgSBr. The ionic transport number measurements indicated that Cu+ ions constitute the majority charge carriers in these samples. The electronic contribution to the conduction process is small in comparison with the Cu+ ionic contribution. The charge density analysis by the maximum entropy method (MEM) combined with Rietveld analysis clearly showed that the Cu+ ionic conduction path was along the crystallographic (100) direction.
Synthesis and Structural Determination of a Porphyrinatoplatinum(II): meso-Tetrakis(4-t-butylphenyl)porphyrinatoplatinum(II)
Authors: Umemiya Masamichi , Sugiura Ken-ichi , Miyasaka Hitoshi , Ishii Tomohiko , Yamashita Masahiro 
Published: November 2003

Abstract
A substituted porphyrinatoplatinum(II), meso-tetrakis(4-t-butylphenyl)porphyrinatoplatinum(II), has been spectroscopically and structurally characterized. The 1H NMR signal from the β-protons of the pyrrole ring is observed as a singlet with a full-width at half maximum of 1.6 Hz, contrary to the reported quasi-triplet resonance attributable to the 1H–195Pt long-range coupling. The porphyrin nucleus is nearly planar in the solid state. All macrocycle atoms lie within approximately 0.06 Å of the least squares mean plane with a pseudo-wave core conformation. The intramolecular Pt–N distances are 2.019(3) Å.