bluuebunny/crossref_metadata_2025_split huggingface dataset:
On Route to Climate Justice: The Greta Effect on International Commercial Arbitration
Authors: Bizikova Lucia 
Published: May 2022

Climate change is the greatest global challenge that humankind has ever faced. It has changed the way in which communities, governments and businesses interact with each other, how they contract one with another and what legal disputes they face. National and international legal frameworks currently in place rarely provide the necessary mechanisms to resolve new kinds of disputes that have emerged and as a result, important gaps remain.
International commercial arbitration is uniquely placed to respond to the transboundary nature of climate change. Its inherent flexibility, innovativeness, ability to deal with complex, cross-border issues and the possibility to choose a neutral adjudicator according to his/her expertise give commercial arbitration an important advantage over court litigation. However, some of its characteristics that are seen as welcome and desired in different contexts create important challenges for achieving climate justice. Therefore, innovation in this area will be necessary if commercial arbitration is to become an attractive option for resolving climate change-related disputes between businesses. The arbitration community should try to find constructive ways in which commercial arbitration can innovate itself so that it can complement other methods of dispute resolution traditionally used for climate change disputes.
climate change, climate justice, ESG, international commercial arbitration, private finance, Paris Agreement, arbitration clause, expertise, transparency, Campaign for Greener Arbitrations, Chancery Lane Project, COP 26
De-biasing Counsel: A Call for Agile Minds in Arbitration
Authors: Stocker Alice 
Published: May 2022

Unconscious biases have been a hot topic for decades and have found their way into arbitration. While the decision-making process of arbitrators has been the focus of attention, there is hardly any legal literature that deals with potential biases of counsel. Psychological studies have identified a general overconfidence bias in counsel that can have a negative impact on case assessments. As a solution to this issue, a recent study of 2018 showed how to use de-biasing techniques and how this improved case assessments: analysing almost 500 law students in the United States, the study demonstrated how overconfidence and self-serving judgments of fairness could tamper with the ability to assess the value of a case when the students were required to represent a client’s interests. This effect is called ‘partisan bias’. The study displayed its effect on specific case valuation methods and demonstrated how it could be partly eliminated by a de-biasing technique called ‘consider the opposite’. Further, the study showed that individuals with a high score of a need for cognitive closure, i.e., a motivational tendency to prefer clear answers over ambiguity, were more inclined to be susceptible to partisan bias, however were equally likely to be receptive to de-biasing.
International arbitration, Partisan Bias, Overconfidence, De-biasing, Decision-making, Case assessment, Settlements, Negotiation, Need for cognitive closure, Consider the opposite
The New Arbitration Law in Tanzania: An Appraisal of Its Salient Features and Implications for Investment Disputes Settlement
Authors: J. Mwakaje Saudin , S. Mkumbukwa Nuhu 
Published: May 2022

Preference for arbitration as an option for dispute settlement is steadily on the rise, partly because of its perceived efficacious proceedings and enforceability. In 2020, Tanzania enacted a new legislation on arbitration with a detailed and defined framework, cascading through the entire qualifying process of arbitrators, initiating the arbitration proceedings, enforcement and recognition of foreign arbitral awards. This article analyses the corpus of the new legislation, its pertinent structural features, the gaps, and future prospects. The analysis is predicated on the ramifications of the new arbitration law for investment dispute settlements, particularly, state versus investors disputes, as envisaged under the national investment legislation. It concludes by highlighting several aspects which need to be revisited, such as the independence of arbitrators, duty to refer disputes to arbitration, and determination of arbitration costs. Further, a case is made for amendment of the existing national investment legislation in respect of dispute settlement provisions in order to create a harmonious arbitration regime in Tanzania.
Tanzania arbitration law, implications to investment disputes, enforcement of foreign arbitral awards
Noises Off: Towards Greater Consistency in International Arbitration Awards
Authors: Greenwood Lucy , Charlotin Damien , Díaz-Córdova Leonor 
Published: May 2022

‘Noise’ is the unjustified and unwanted variance in a set of judgments over comparable issues. Together with bias, Noise is a driver of error in decision-making. As argued by the authors of the bestseller ‘Noise: A Flaw in Human Judgment’, every set of judgments or decisions (in legal proceedings or otherwise) evidence statistical ‘Noise’, and more of it than is commonly believed. Such variance has corrosive, if often concealed, consequences in terms of fairness, efficiency and legitimacy. In this article we demonstrate that there is likely to be substantial Noise in international arbitration proceedings, which is driven by features inherent to the arbitral process (though further features also help mitigate it). We present our Noise Audit and identify examples of Noise in publicly-available awards. We conclude with a number of recommendations to minimize Noise, in order to forge a pathway towards greater consistency in international arbitration.
International Arbitration, Consistency, Noise, Variance, Psychology, Dispute- Resolution, Empirical, Interest Rates, Country Risk
The Arbitrability of Corporate Disputes After Fulham Football Club V. Richards: A Decade On
Authors: Kasolowsky Boris , Mathews Roopa 
Published: May 2022

In Fulham Football Club (1987) Ltd v. Richards and The Football Association Premier League Ltd, the Court of Appeal of England and Wales settled a controversial matter, finding that unfair prejudice petitions under section 994 of the English Arbitration Act 1996 could be referred to arbitration. At the time the judgment was handed down, it was met with some scepticism with commentators arguing that it would lead to inconsistency and confusion in the arbitrability of disputes and the remedies that can be awarded in arbitration. In the years that followed, the Court of Appeal’s judgment has been relied on in the development of the arbitrability of corporate disputes in England and Wales and several other common law jurisdictions. On the occasion of the ten-year anniversary of the Fulham decision, this article explores whether the confusion and inconsistency that commentators predicted have, in fact, materialized.
Arbitrability, Arbitration Act 1996, Corporate disputes, Fulham Football Club v. Richards, Remedies, Section 994, Unfair prejudice
A Case Note on the UK Supreme Court’s Recent Decision in General Dynamics v. Libya: Hard Cases (Don’t Always) Make Bad Law
Authors: Howe Michael 
Published: May 2022

In General Dynamics v. Libya, the UK Supreme Court was asked to decide whether the only means for serving on a sovereign state an order enforcing an international arbitral award under the New York Convention was via diplomatic channels. The Supreme Court decided, by a bare majority, that service via diplomatic channels was mandatory. This case note reviews and analyses the Supreme Court’s decision.
State Immunity, Service, Proceedings, Sovereign State, Enforcement Order, Hard Cases, UK Supreme Court
To Waive or not to Waive: International Patent Protection and the Covid-19 Pandemic
Authors: Thomas Monica 
Published: May 2022

In 2020, South Africa and India submitted a landmark proposal to the World Trade Organization (WTO) to allow all countries the legal right under international trade rules to choose not to grant or enforce patents and other intellectual property (IP) related to COVID-19 drugs, vaccines, diagnostics and other technologies and materials for the duration of the pandemic. Since then, the proposal for an IP waiver has gained support from 100 WTO members. However, a small number have continued to oppose implementing an IP waiver, maintaining that the current flexibilities under the Agreement on Trade-Related Intellectual Property Rights (TRIPS) provide a sufficient remedy. The TRIPS flexibility most recommended by waiver opponents is the Compulsory Licensing mechanism which allows government the authority to grant permission to itself or domestic producers to make a patented product without the patent owners’ consent. This article conducts a comparative analysis of the potential IP waiver and the compulsory licensing mechanism’s functioning in relation to facilitating increased production of Covid-19 vaccines by generic pharmaceutical manufacturers.
Covid-19 vaccine access, international intellectual property regime, TRIPS agreement, access to medicine, intellectual property waiver, compulsory licensing
International Abuses, EU Solutions: Using EU Structures to Address the Challenges of International Antitrust
Authors: Blaschke-Broad Morgan 
Published: May 2022

Modern markets are increasingly international, online and unrestricted by geographic borders and territoriality. Competition regulation remains decidedly domestic in nature, restrained by principles of jurisdiction and state sovereignty in a way that multinational business is not. With the rise of online markets and transnational trade, legislators and regulators are increasingly expected to grapple with abuses of dominance which span multiple jurisdictions. However, traditional approaches to state sovereignty and prescriptive jurisdiction present fundamental challenges to the effective implementation of competition policy in these modern markets. In particular, abuses of dominance by international or online firms have the potential to profoundly impact national economies. Yet unlike other competition ills, such as cartels, abuse of dominance is not the subject of widespread international regulatory cooperation or legislative uniformity. Against this background, substantive convergence emerges as a potential solution to jurisdictional clash but, as this article explores, it faces legal, sociopolitical, and practical obstacles that make its success not only unlikely, but not necessarily desirable. While recognising the unique political context of the EU legal system, in particular the role of market integration and its place at the core of policy decisions, this article explores what practical guidance may be found in the EU competition law framework. It explores EU horizontal, administrative measures which could be repurposed in order to bring further predictability and clarity to international jurisdictional issues. It concludes by proposing that EU approaches to case allocation, horizontal best practice standards and peer review may be meaningfully adapted by the international competition law community, in order to alleviate jurisdictional issues in competition regulation.
jurisdiction, antitrust, EU, regulation, international, competition, convergence, cooperation, multinational markets, EU, abuse of dominance
The Roadmap to the ASEAN-EU FTA in the Post-Pandemic Era
Authors: Hsieh Pasha L. 
Published: May 2022

Relations between the Association of Southeast Asian Nations (ASEAN) and the European Union (EU) have enriched the multifaceted concept of interregionalism from legal and international relations perspectives. The article argues that the transformative ASEAN-EU frameworks have shaped the Third Interregionalism. Brussels’ building-block approach envisions pathfinder agreements with individual ASEAN states as the basis for the ASEAN-EU FTA, which will help realize the EU’s Indo-Pacific strategy and the ASEAN-EU Strategic Partnership. The designs of the EU’s trade and investment agreements with Singapore and Vietnam are therefore critical. The article assesses core areas such as tariff liberalization and ASEAN cumulative rules of origin, as well as commitments of trade in services and non-tariff barriers in key industries. Contributors to the special issue further analyse cutting-edge issues involving electronic commerce and sustainable development. These on-the-ground insights contribute to a new understanding of ASEAN-EU legal frameworks and evolving interregionalism in the post-pandemic era.
ASEAN-EU FTA – CPTPP – Indo-Pacific strategy – Investment Protection – Singapore – RCEP – Sustainable Development – Third Interregionalism – Vietnam
Exploring the Experiences and Coping Strategies of Divorcees and their Children in Asogli State of the Volta Region
Authors: Dogbey Alice Emmanuella  , Amos Amuribadek Adangabe  , Florence Kazi  
Published: May 2022

The study was conducted to explore the lived experiences of divorcees, children of divorce, and the coping strategies they employed in dealing with their situations. This is a qualitative study that adopted descriptive phenomenological approach. A total of 20 respondents comprising 14 divorced women and men, 6 children of divorcee were used in the study and sampled through snowball and purposive sampling techniques. Data was gathered using semi-structured interview, and focused group discussion guides. The study revealed that the divorcees experienced physical, mental, social and financial problems. Children of the divorcee significantly experienced stress, emotional pains, sorrow, and worry about their condition. Again, the study revealed that divorcees and children of divorcee faced many consequences, they were not aware of availability of counselling services that could help them. It was recommended, among others, that divorcees who are mostly single parents must be given marital counselling and/or post-traumatic stress management. Again, the establishment of community-based counselling centres in the Asogli state for this purpose would be laudable. Finally, the District Assembly, traditional rulers in the Asogli state, Civil Society Organisations, and government agencies should offer care and support services to divorcees and their children including scholarships to children from divorced homes.
Potensi Partisipasi Usaha Mikro dan Kecil pada Bela Pengadaan dan Simpel Kemdikbudristek dalam Rangka Pemulihan Ekonomi Nasional
Authors: Septian Eka 
Published: May 2022

Tulisan ini tentang peran sentral yang dimiliki Usaha Mikro dan Kecil (UMK). Perspektif yang digunakan dengan metode deskriptif kualitatif, metode ini merupakan tipe penelitian yang bukan bermaksud untuk menguji hipotesis tertentu, tetapi hanya menggambarkan apa adanya mengenai suatu keadaan tertentu, dengan teknik pengumpulan data dengan studi literatur dari regulasi mapun jurnal terkait dan survei data sekunder bersumber dari Kementerian Koperasi & UMKM dan juga dari Lembaga Kebijakan Pengadaan Barang/Jasa Pemerintah. Dari studi literatur dan survey data yang telah dilakukan, dapat dinyatakan bahwa UMK sebagai penggerak roda perekonomian Indonesia karena fleksibelitas yang tinggi dalam aktivitasnya, menurut data pada tahun 2019, secara kuantitas pangsa pasar didominasi oleh UMK dengan persentase 99,89%, dibandingkan segmentasi usaha menengah dan besar yang hanya 0,11%. UMK menjadi penyumbang dalam menciptakan lapangan pekerjaan sekaligus mengurangi pengangguran dan menciptakan nilai tambah dalam Produk Domestik Bruto (PDB). Implikasi dari pandemi covid-19 mengakibatkan masalah perekonomian Indonesia, khususnya pelaku UMK yang mengalami penurunan penjualan dan peningkatan pengangguran disebabkan daya beli masyarakat yang turun. Berkenaan dengan hal tersebut, afirmasi peran pemerintah dalam memberikan peluang lebih besar kepada produk lokal dan UMK dengan mengalokasi lebih banyak paket pengadaan, sebanyak 37.113 paket untuk belanja di lingkungan Kemdikbudristek atau dengan nilai pagu Rp 7.844.209.829.149 menjadi potensi partisipasi dari UMK. Partisipasi UMK pada pengadaan barang/jasa pemerintah di lingkungan Kemdikbudristek melalui Bela Pengadaan dan Simpel ditengah kondisi daya beli masyrakat yang turun, adalah dalam rangka pemulihan ekonomi nasional
LEGALITAS HADIS MUTAWATIR DALAM PERSPEKTIF IMAM JALALUDDIN AS-SUYUTI
Authors: Qomaruzzaman Qomaruzzaman 
Published: May 2022

Ulama hadis berbeda pendapat dalam memberikan pengertian dan menentukan karakter pada hadis mutawatir. Perbedaan tersebut berada pada pemberian definisi dan legalitas hadis. Penelitian ini membahas kriteria hadis mutawatir menurut perspektif Imam Suyuti. Penulis juga akan membahas tentang legalitas hadis mutawatir dalam pandangan Imam Suyuti. Dengan menggunakan telaah pustaka pada kitab Qatfu al-Azhar al-Mutanasirah fi al-Akhbar al-Mutawatirah penulis menyimpulkan dua hal. Pertama, berbeda dengan ulama hadis lainnya, Imam Suyuti tidak mensyaratkan adanya minimal jumlah perawi pada setiap tingkatan (sahabat, tabi’in, dst) dalam hadis mutawatir. Kedua, Imam Suyuti tidak meragukan keberadaan hadis mutawatir dengan syarat-syarat yang ia tulis dalam kitabnya, Qatfu al-Azhar.
Intramolecular Arylation of 2‐Bromobenzenesulfonamides Using DMSO/HCOONa ⋅ 2H2O System: An Access To Dibenzosultams
Authors: Hao Feiyue , Liu Guyue , Jin Zhengneng , Dai Guoliang , Nishiwaki Nagatoshi , Wu Jiashou 
Published: May 2022

AbstractSix‐ or seven‐membered dibenzosultams were synthesized upon treatment of N‐aryl‐ or N‐benzyl‐2‐halobenzenesulfonamides with HCOONa ⋅ 2H2O in DMSO without using additional measures and additives, such as light irradiation, electrochemical apparatus, transition metals, and oxidants. Further functionalization of the free NH group of the resultant dibenzosultams demonstrates the synthetic practicability of this method.magnified image
Porous Organic Salts: Diversifying Void Structures and Environments
Authors: Ami Takahiro , Oka Kouki , Tsuchiya Keiho , Tohnai Norimitsu 
Published: May 2022

AbstractPorous organic salts (POSs) are porous organic materials, in which various aromatic sulfonic acids and amines are regularly self‐assembled by charge‐assisted hydrogen bonding. POSs exhibit high solubility in highly polar solvents. Therefore, they are prepared via facile recrystallization and exhibit high recyclability. In this study, tetrahedral‐structured tetrasulfonic acid and triphenylmethylamine (TPMA) were combined to construct POSs with rigid diamond networks called diamondoid porous organic salts (d‐POSs). Furthermore, by introducing substituents (e.g., F, Cl, Br, or I) at the para‐positions of benzene rings of TPMA, these substituents were exposed on the void surface of d‐POSs, and their diamond networks were distorted. This induced the formation of a variety of void structures and environments in the d‐POSs, which significantly affected their gas adsorption behavior. In particular, the d‐POS from TPMA substituted by fluorine exhibited very high CO2 adsorption of 182 mL(STP) g−1 at 1 atm in all‐organic porous materials.
Excitation‐Dependent Circularly Polarized Luminescence from Helical Assemblies Based on Tartaric Acid‐Derived Acylhydrazones
Authors: Xue Chenlu , Jiang Yuqian , Wang Han‐Xiao , Du Cong , Xu Lifei , Li Tiesheng , Liu Minghua 
Published: May 2022

AbstractHere, we combined the merits of emergent excitation‐dependent (ExD) emission and circularly polarized luminescence to develop an excitation‐dependent circularly polarized luminescence (ExD CPL) material showing unique features. A series of acylhydrazones based on a chiral tartaric skeleton was designed and found to self‐assemble into helical nanostructures through non‐covalent bonds. The helical assemblies showed ExD CPL due to the cooperation of chirality transfer and excited state intramolecular proton transfer (ESIPT). Remarkably, not only the emission wavelength could be tuned by the excitation wavelength but the handedness of CPL could be modulated in an inverted or ON/OFF manner as well, thus leading to the first example of an ExD inverted or ON/OFF switchable CPL system. Time‐dependent density functional theory (TD‐DFT) calculations were carried out to explain the inversion of ExD CPL. This work provided a new insight into the unprecedented handedness controllable ExD CPL, which showcased a new paradigm of the advanced CPL materials.
Unexpected White Phosphorus (P4) Activation Modes with Silylene‐Substitutedo‐Carboranes and Access to an Isolable 1,3‐Diphospha‐2,4‐disilabutadiene
Authors: Xiong Yun , Dong Shicheng , Yao Shenglai , Zhu Jun , Driess Matthias 
Published: May 2022

AbstractNew types of metal‐free white phosphorus (P4) activation are reported. While the phosphine‐silylene‐substituted dicarborane1, CB‐SiP(CB=ortho‐C,C′‐C2B10H10,Si=PhC(tBuN)2Si,P=P[N(tBu)CH2]2), activates white phosphorus in a 2 : 1 molar ratio to yield the P5‐chain containing species2, the analogous bis(silylene)‐substituted compound3, CB‐Si2,reacts with P4in the molar ratio of 2 : 1 to furnish the first isolable 1,3‐diphospha‐2,4‐disilabutadiene (Si=P−Si=P‐containing) compound4. For the latter reaction, two intermediates having a CB‐Si2P4and CB‐Si2P2core could be observed by multinuclear NMR spectroscopy. The compounds2and4were characterized including single‐crystal X‐ray diffraction analyses. Their electronic structures and mechanisms were investigated by density functional theory calculations.
Molecular dynamics simulation on the crystallization behavior of cyclic polyethylene affected by functionalized carbon nanotubes
Authors: Wei Yangyang , Zhou Zhiping , Hao Tongfan , Nie Yijing 
Published: May 2022

AbstractIn this work, the effects of functionalized carbon nanofillers (i.e., CNT‐g‐PE prepared by carbon nanotubes grafted with linear polyethylene) on the crystallization of cyclic polyethylene were revealed by molecular dynamics simulation, and compared with that of pure cyclic polyethylene(C‐PE) and carbon nanotube / cyclic polyethylene blends(C‐PE/CNT). The simulation results show that the CNT‐g‐PE has an anti‐nucleation effect on the cyclic polyethylene, the crystallinity and crystallization rate of the C‐PE/CNT‐g‐PE system are significantly lower than those of the other systems. This phenomenon can be explained by the topological effect when linear polyethylene chains grafted on carbon nanotubes are mixed with cyclic polyethylene. It is observed from the micro‐scale that when the linear polyethylene chains are in contact with cyclic polyethylene, the cyclic chains are passed through by the linear chains to form a transient entanglement network, further affecting the dynamic process of the molecular chains. The diffusion and orientation of the cyclic polyethylene molecular chain are inhibited. This limits the crystal nucleation efficiency and growth kinetics. These simulation results not only support some experimental findings, but also confirm some microscopic phenomena that are difficult to observe in the experiment, which provides some inspirations for the experimental design of high‐performance nanocomposite materials.
Granular Activated Carbon Contactors for Small Water System DBP Compliance
Authors: Deem Steve 
Published: May 2022

Key TakeawaysTwo small surface water systems located on islands off the state of Washington's coast implemented a sustainable treatment approach that minimizes disinfection byproduct (DBP) formation.Installing and operating granular activated carbon (GAC) contactors has resulted in full compliance with DBP levels, while achieving other water quality improvements.Operators use ultraviolet transmittance to assess direct filtration treatment for removal of DBP precursors and to determine GAC media performance in real time.