bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Business of Carriage of Goods
Authors: Girvin Stephen 
Published: May 2022

Abstract
This chapter provides an overview of the business of carriage of goods by sea. Cargoes carried by sea include raw materials, such as oil, gas, coal, and iron ore. Agricultural commodities and manufactured goods are also carried by sea, together with industrial materials. The nature of the goods carried and their size determine the contractual relationships between trading parties and counterparties. Bulk goods require different treatment from general cargoes, containerized cargoes, and refrigerated cargoes. The chapter then considers some of the main vessel or ship types and their characteristics as a means to assist in understanding the cargo disputes which may arise. It also looks at the freight market and the charterparty market. Contracts for the international sale of goods typically involve a seller (the shipper) located in one country, and a buyer in a different country; most parties make use of specialized agents, including forwarding agents, loading brokers, and shipbrokers. The responsibilities of sellers and buyers under the contracts of sale will depend upon the terms of the contract entered into. Finally, the chapter explores contracts of affreightment before studying cargo claims.
Paperless Bills of Lading
Authors: Girvin Stephen 
Published: May 2022

Abstract
This chapter reviews paperless bills of lading. Technological advances in the field of maritime commerce has provided strong impetus for the revision of current transport documentation procedures, the use of other carriage documents, renewed interest in the adoption of electronic bills of lading, and the increasing prominence of online web portals. One of the greatest challenges with electronic bills of lading has been mapping the tripartite functions of bills of lading. The chapter then looks at SeaDocs Registry Limited (SeaDocs), which acted as depository and custodian of the paper-based original bill of lading as well as a registry of bill of lading negotiations. It also considers the Comité Maritime International (CMI) Rules for Electronic Bills of Lading; Bolero (Bills of Lading for Europe), essDOCS, and e-titleTM; the Rotterdam Rules and the UNCITRAL Model Law on Electronic Commerce; and blockchain bills of lading.
Reasonable Despatch
Authors: Girvin Stephen 
Published: May 2022

Abstract
This chapter discusses reasonable despatch. The shipowner in all contracts of carriage impliedly undertakes that the vessel is ready to commence the voyage agreed on, to load the cargo to be carried, and shall proceed upon and complete the voyage agreed upon, with all reasonable despatch (or dispatch). As with the implied condition of seaworthiness, the reasonable despatch undertaking is an innominate term of the contract. The claimant’s remedy lies in damages, unless the delay is caused by an excepted peril. The charterer is not able to refuse to load a cargo. Whether the breach is so important as to enable the innocent party to avoid the contract depends on the effects of the breach; the contract may only be repudiated if the delay is such as to frustrate the object of the contract.
Introduction
Authors: Merrett Louise 
Published: May 2022

Abstract
This introductory chapter provides an overview of the private international law issues which arise in connection with international employment contracts. In all cases involving an international employment contract, before the court or tribunal can consider the merits of any dispute, three questions will need to be addressed: (1) Does the court have jurisdiction to hear the case? (2) What law should the court apply to decide the case? (3) Assuming English employment law applies, does the claim or claimant fall within the scope of the relevant provision? Issues of jurisdiction, choice of law, and territorial scope are conceptually distinct. However, this does not mean that common principles do not apply or that parallels cannot be drawn. The chapter then considers the confusion over 'jurisdiction', differentiating between international and domestic jurisdiction and territorial scope.
Conclusions
Authors: Merrett Louise 
Published: May 2022

Abstract
This concluding chapter studies the crucial overlap between jurisdiction, choice of law, and mandatory rules in employment cases. The fact that rules on jurisdiction and choice of law overlap and interrelate means that the rules comprising private international law need to be considered as a whole and cannot be considered in isolation. Moreover, an examination of the detailed private international law rules which apply to employment contracts reveals that there are also common themes, concepts, or rationales which might be drawn from rules in one context and applied in another. In addition, the changes brought about by Brexit have resulted in a number of overlapping regimes which now govern international employment cases. The choice of law rules in the Rome I Regulation and Rome II Regulation remain as part of retained EU law. For cases in the High Court, the common law rules are amended to mirror the provisions which previously applied under the Brussels I Regulation recast. Although in many cases the rules look the same, different principles of interpretation will apply, and, now that the rules are not binding as matter of EU, there will be scope to amend and reform the rules.
Financial Market Infrastructures
Authors: Saguato Paolo , Ferrarini Guido , Pan Eric 
Published: May 2022

Abstract
This chapter analyses the global initiatives for coordination of financial market infrastructure (FMI) regulation that have emerged since the 1990s, reflecting on both the European and the American perspectives. It begins by looking at the different approaches that authorities can take in tackling cross-border phenomena. Finding the right balance between securing national interests and engaging in international relationships is a delicate process: in international financial regulation, authorities can claim extraterritorial application of their domestic regime to keep control of the market and minimize the opportunities of regulatory arbitrage; but they can also try to contain opportunities for regulatory arbitrage by engaging in harmonization and coordination with other countries. The chapter then discusses the dynamics of the European Union and United States relationship and the approaches embraced by the two jurisdictions in regulating and overseeing derivatives central clearinghouses (CCPs) in the aftermath of the global financial crisis. It also examines Brexit and considers the severe challenges that the decision of the United Kingdom to leave the EU will have to the markets, before offering a snapshot of the challenges that financial technology (FinTech) is posing to the existing delicate cross-border regulatory equilibrium.
Central Securities Depositories in the EU
Authors: Ferran Eilís , Hickman Eleanore 
Published: May 2022

Abstract
This chapter discusses the critical role that central securities depositories (CSDs) play in fostering financial stability and operational efficiency in the financial system. CSDs were established for the purpose of reducing risk and increasing efficiency by immobilising securities certificates. They were initially created to serve domestic markets but, in the 1970s, CSDs designed to cater for the international securities markets (ICSDs) began to emerge. The chapter unpacks the 'widely unseen and poorly understood' role CSDs play in the markets, describes the major CSDs operating in the European Union, and analyses the risks associated with CSDs and how CSDs address and mitigate them. It also analyses how the CSDs' governance, business model, and recovery and resolution regimes differ from those of central counterparties (CCPs).
Central Securities Depositories and Participant Default in the EU
Authors: Turing Dermot 
Published: May 2022

Abstract
This chapter explores the legal and regulatory framework of the Central Securities Depositories Regulation (CSDR) and investigates the delicate dynamics of the CSDs' default arrangements to manage a CSD participant's default. CSDs are recognized to be a core component in the smooth functioning of the financial system. CSDR was made law in 2014 and created a new uniform legal and regulatory framework for CSDs in the European Union. One feature of the regulation of CSDs, as with other types of financial market infrastructure, was the requirement for rules and procedure for an orderly management of the default of a CSD participant. The chapter identifies that, while policymakers and CSDs share the same objective of ensuring the safety of securities settlement systems, CSDs' rulebooks and default rules and CSDR itself might have lagged behind the development of new resolution procedures for a participating financial institution which get into difficulties. It critically assesses some of the practices included in CSDs' rulebook on a participant's default management and how they would practically apply vis-à-vis the resolution of a participating firm.
Central Securities Depositories in the United States
Authors: Wice Sam 
Published: May 2022

Abstract
This chapter studies the US central securities depositories (CSDs) landscape, reviewing the market structure and regulatory regime of CSDs. The US financial system has a unique structure for CSDs. The only CSD in the United States, The Depository Trust Company (DTC), is both (i) member-owned and operated and (ii) not directly affiliated with any trading venue. The chapter provides a general overview of the services that DTC offers and the touch points where different practitioners will generally interact with DTC. Particularly, it discusses the process for becoming a member of DTC or making a security eligible in DTC. The chapter also looks at the different transactions DTC provides and why practitioners would want to use those transactions or seek to transact through a stock exchange or similar trading venue. Finally, the chapter examines the general legal framework for CSDs in the United States and how practitioners and members of the public can influence DTC policy.
Intermediated Securities
Authors: Mooney Charles W 
Published: May 2022

Abstract
This chapter reflects on the operations, impact, and role that financial market infrastructures (FMIs) have in the US securities holding system and more broadly on the society. It identifies the regulatory failures in the regulation of securities holding FMI systems and the costs and risks intermediated securities systems imposed on securities markets (internal cost) and on the economy and the public interest more generally (external costs). While intermediation in the securities holding environment is essential for modern securities markets, it nevertheless imposes externalities onto outside constituencies that need to be addressed. The chapter challenges the status quo of the securities holding infrastructures. It engages their primary regulators to set more ambitious goals for the intermediated securities system and engages with policy options oriented towards increased transparency and direct holding.
Data Reporting in the EU
Authors: Schmies Christian , Sajnovits Alexander 
Published: May 2022

Abstract
This chapter examines the legislative and regulatory initiatives adopted by the European Union to address MiFID I shortcomings, reading the functioning and transparency of financial markets. The new MiFID II/MiFIR regime essentially addresses these identified deficits by means of three regulatory measures. First, it considerably extends the scope and increases the stringency of the obligations with regard to pre- and post-trade transparency with a view to improving the quality of pre- and post-trade transparency data. Second, it instigates a shift towards increased trading on regulated trading venues or on other regulated platforms (more extensive market regulation and trading obligations) and, third, it extends the scope of reporting obligations vis-à-vis the supervisory authorities to enable better monitoring of the financial markets. The already extensive Level 1 requirements have been further specified by numerous pieces of highly detailed Level 2 legal acts. In addition, the European Securities and Markets Authority (ESMA) has already issued several guidelines and Q&As to harmonize supervisory practice. The resulting network of regulations poses immense challenges for legal practice—as is increasingly characteristic of European capital market law today.
Qualitative Capital Requirements and their Relationship with MREL/TLAC
Authors: Tröger Tobias H 
Published: May 2022

Abstract
This chapter investigates the relationship of qualitative capital requirements with total loss absorbing capacity (TLAC)/minimum requirement for own funds and eligible liabilities (MREL). The resulting rather complex, multi-layered structure established under Basel III and further refined under the Basel III Accord’s finalization (commonly referred to as ‘Basel IV’) reflects proportionality considerations and seeks to accommodate banks’ desire to retain sufficient leeway to choose from a mix of capital and (hybrid) debt instruments to fulfil regulatory capital requirements. The chapter begins with a critical review of the functional rationale that underpins capital-reliant banking regulation, which serves as the focal point for a normatively guided interpretation of the regulatory framework. It then identifies the key determinants for the actual loss-absorbing capacity of institutions’ CET1, AT1, and T2 capital, as well as their TLAC/MREL items. Finally, the chapter looks into issues regarding the relationship between the multiple layers of regulatory capital such as the stacking order of capital requirements and the restrictions on double-gearing of capital.
Netting and Capital Markets Driven Transactions as Credit Risk Mitigation
Authors: Haentjens Matthias , Joosen Bart PM 
Published: May 2022

Abstract
This chapter explores funded credit protection in the form of netting and financial collateral. It looks at the relationship between the specific credit risk mitigation (CRM) rules discussed in Chapter Eight and the legal or private law concepts that form the background of the CRM rules for netting and financial collateral. All CRM rules assume that under the relevant private law(s), the ‘credit protection arrangement’ that is envisaged to result in ‘credit risk mitigation’, be ‘legally effective and enforceable’. Where the Capital Requirements Regulation (CRR) requires CRM arrangements to be ‘legally effective and enforceable’, an important issue is whether netting can be effectuated when need be, i.e. in the event of a default by the counterparty of the relevant institution. Especially applicable insolvency laws may limit this ability. The chapter then considers how there is a strong fragmentation of the rules for netting within the CRR framework.
Capital Buffers for Systemically Important Banks and the Systemic Risk Buffer
Authors: Tröger Tobias H 
Published: May 2022

Abstract
This chapter highlights the capital buffer requirements that specifically address systemic risks that either flow from an institution’s indispensable position in the financial system (i.e., globally and other systemically important institutions, G-SIIs and O-SIIs) or from sector-wide risks that potentially afflict all, or a systemically relevant fraction of, banks. It begins by looking at the regulatory rationale that underpins the Basel Committee on Banking Supervision (BCBS) recommendations and their European implementation. The chapter then considers the interrelationship between buffer and other capital requirements. Where a group, on a consolidated basis, is required to maintain both a G-SII buffer and an O-SII buffer, only the higher of the two shall apply. Where an O-SII is the subsidiary of a G-SII or of an institution or of a group headed by an EU parent institution, the O-SII buffer rate that applies to the subsidiary on an individual or sub-consolidated basis is restricted, reflecting the additional loss-absorbing capacity that stems from the entity’s group affiliation.
Liquidity Risk and its Management
Authors: Boonstra Wim , Cleen Bruno De 
Published: May 2022

Abstract
This chapter explains the causes of liquidity risk and illustrates how regulators have tried to capture liquidity risk in the supervisory regime of Basel III introduced in 2010 by the Basel Committee of Banking Supervision (BCBS). It begins by looking at two important misunderstandings about banking that often lead to major confusion in the discussion on bank stability: the myth of the risk-free bank and the idea that banks can create ‘their own money’. The chapter then traces the origins and the importance of liquidity risk, before focusing on liquidity risk from both the asset and the liability side of the bank balance. It also provides an outline of how bank supervisors in the past dealt with liquidity risks, before discussing the Liquidity Coverage Ratio (LCR) and the Net Stable Funding Ratio (NSFR) and the effects these ratios have on European banks. Finally, the chapter considers the impact of today’s non-conventional monetary policy.
The SUMO components in rheumatoid arthritis
Authors: Wu Qian , Jiang Yao , You Chongge 
Published: May 2022

AbstractSmall ubiquitin-like modifier (SUMO) proteins can reversibly attach covalently or non-covalently to lysine residues of various substrates. The processes are named SUMOylation and de-SUMOylation, which maintain a dynamic balance in the physiological state, and are regulated by SUMO components. However, the dysregulation of components disturbs the balance and alters the functions of target proteins, which causes the occurrence of diseases. To date, certain SUMO components, including SUMO-1, SUMO-2/3, SAE1/Uba2, Ubc9, PIASs (protein inhibitors of activated signal transducer and activator of transcription) and SENPs (SUMO-specific proteases), have been found to participate in the pathogenesis of RA and their potential value as therapeutic targets also have been highlighted. In addition, single nucleotide polymorphisms (SNPs) in the SUMO components have been reported to be associated with disease susceptibility. Until now, only the SNP site of SUMO-4 has been reported in RA. Here we provided a systematic overview of the general characteristics of SUMO components and highlighted a summary of their impact on RA.
Minimal, Relaxing Membranectomies for the Management of Opacified Hyaloid With Diabetic Tractional Retinal Detachments in Monocular Patients: A Novel Surgical Technique
Authors: Berrocal Maria H. , Acaba-Berrocal Luis 
Published: May 2022

Purpose:
Vitrectomy for severe tractional retinal detachments is a high-risk procedure given the surgical complexity and potential for postoperative complications. The risk is compounded when operating on monocular patients. We developed a novel technique using hyaloidal removal and minimal relaxing membranectomies for tractional retinal detachments with an opacified hyaloid over the fovea in monocular, diabetic patients and evaluated complications and outcomes.

Methods:
The technique was performed in nine monocular, diabetic patients with decreased visual acuity from opaque hyaloid with centripetal tractional retinal detachments. Outcomes included postoperative best-corrected visual acuity, retinal reattachment rate, redetachments, and complications.

Results:
Average age was 58 years (range 43–74) and the average follow-up time was 43.6 months (range 36–64). Preoperative best-corrected visual acuity ranged from 1.0 to 2.3 logMAR (20/200 - Hand Motion) with a mean of 1.39 logMAR (20/500). Postoperative best-corrected visual acuity at last follow-up ranged from 0.2 to 1.0 logMAR (20/30–20/200) with a mean of 0.49 logMAR (20/60) (P < 0.001). All eyes had attached posterior poles at last follow-up. Complications were observed in two eyes and included nonclearing hemorrhage and capsular opacity.

Conclusion:
Vitrectomy with minimal, relaxing membranectomies is an option for monocular patients in whom intervention is needed, but are at high risk for complications.
The Menopause Management Vacuum
Authors: Faubion Stephanie S. , Shufelt Chrisandra 
Published: May 2022

Abstract
The burden of untreated menopause symptoms in midlife women is substantial and can result in reduced quality of life as well as lost work productivity, lost opportunities for advancement at work, and increased health care costs. Unfortunately, the health care system is largely unprepared to help women manage these symptoms, which have a mean duration of 7 to 9 years. Hormone therapy usage rates have plummeted following publication of the results of the Women's Health Initiative trials due to safety concerns. In addition, postgraduate medical training programs include minimal to no training on menopause management. These and other factors have contributed to what is essentially a menopause management vacuum. This vacuum created a market opportunity, particularly given the fact that midlife women are potent drivers of the global economy. In this review, we outline the menopause management gaps and discuss a multipronged approach to close these gaps and improve the care of midlife women.
Hormone Replacement Therapy After Breast Cancer
Authors: Bluming Avrum Zvi 
Published: May 2022

Abstract
This article reviews the decades of evidence supporting the reproducible benefits of HRT for menopausal symptom control, improved cardiac health, prevention of hip fracture, reduction in the risk and pace of cognitive decline, and enhanced longevity. It quantifies the increased risk of thromboembolism associated with oral, though not transdermal, HRT. It evaluates the repeated claims that HRT is associated with an increased risk of breast cancer development, and, when administered to breast cancer survivors, an increased risk of breast cancer recurrence. Twenty-five studies of HRT after a breast cancer diagnosis, published between 1980 and 2013, are discussed, as are the 20 reviews of those studies published between 1994 and 2021. Only 1 of the 25 studies, the HABITS trial, demonstrated an increased risk of recurrence, which was limited to local or contralateral, and not distant, recurrence. None of the studies, including HABITS, reported increased breast cancer mortality associated with HRT. Even in the HABITS trial, the absolute increase in the number of women who had a recurrence (localized only) associated with HRT administration was 22. It is on the basis of these 22 patients that HRT, with its demonstrated benefits for so many aspects of women’s health, is being denied to millions of breast cancer survivors around the world.
Mechanistic Effects of Estrogens on Breast Cancer
Authors: Santen Richard J. , Stuenkel Cynthia A. , Yue Wei 
Published: May 2022

Purpose
Current concepts regarding estrogen and its mechanistic effects on breast cancer in women are evolving. This article reviews studies that address estrogen-mediated breast cancer development, the prevalence of occult tumors at autopsy, and the natural history of breast cancer as predicted by a newly developed tumor kinetic model.

Methods
This article reviews previously published studies from the authors and articles pertinent to the data presented.

Results
We discuss the concepts of adaptive hypersensitivity that develops in response to long-term deprivation of estrogen and results in both increased cell proliferation and apoptosis. The effects of menopausal hormonal therapy on breast cancer in postmenopausal women are interpreted based on the tumor kinetic model. Studies of the administration of a tissue selective estrogen complex in vitro, in vivo, and in patients are described. We review the various clinical studies of breast cancer prevention with selective estrogen receptor modulators and aromatase inhibitors. Finally, the effects of the underlying risk of breast cancer on the effects of menopausal hormone therapy are outlined.

Discussion
The overall intent of this review is to present data supporting recent concepts, discuss pertinent literature, and critically examine areas of controversy.