bluuebunny/crossref_metadata_2025_split huggingface dataset:
The legal nature of a suspended sentence in the criminal legislation of Russia
Authors: Гета Юлия Ростиславовна 
Published: April 2022

В настоящей статье рассматривается сущность условного осуждения и его юридической природы. Анализируется некарательный, предупредительный характер условного осуждения в уголовном законодательстве России, раскрываются особенности трех моделей условного осуждения, которые, по мнению автора, нашли отражение в ст. 73 Уголовного кодекса Российской Федерации. Уделяется значительное внимание вопросам классификации правовых ограничений при условном осуждении и их совершенствованию. Вносятся предложения по повышению эффективности законодательной регламентации условного осуждения.
This article examines the essence of a suspended sentence and its legal nature. The article analyzes the non-punitive, preventive nature of conditional sentences in the criminal legislation of Russia, reveals the features of three models of conditional sentences, which, according to the author, are reflected in Article 73 of the Criminal Code of the Russian Federation. Considerable attention is paid to the classification of legal restrictions on probation and their improvement. Proposals are made to improve the effectiveness of the legislative regulation of conditional sentences.
Red Blood Cell Transfusions and Risk of Postoperative Venous Thromboembolism
Authors: Sheth Bhavya K. , Yakkanti Ramakanth , Ravipati Kaushik , Arif Bilal , Castro Grettel , Hernandez Victor 
Published: April 2022

Introduction:
Postoperative venous thromboembolism (VTE) is a major risk for orthopaedic surgery and associated with notable morbidity and mortality. Knowing a patient's risk for VTE may help guide the choice of perioperative VTE prophylaxis. Recently, red blood cells (RBCs) have been implicated for their role in pathologic thrombosis. Therefore, we examine the association between perioperative RBC transfusion and postoperative VTE after orthopaedic surgery.

Methods:
A retrospective cohort study was done by conducting a secondary analysis of data obtained from the 2016 American College of Surgeons National Surgical Quality Improvement Program database. Our population consisted of 234,608 adults who underwent orthopaedic surgery. The exposure was whether patients received a perioperative RBC transfusion. The primary outcome was postoperative VTE within 30 days of surgery that warranted therapeutic intervention, which was subsequently split into symptomatic deep vein thrombosis (DVT) and pulmonary embolism (PE). Odds ratios (ORs) were estimated using a multivariate logistic regression model.

Results:
At baseline, 1,952 patients (0.83%) had postoperative VTE (DVT in 1,299 [0.55%], PE in 801 [0.34%], and both DVT and PE in 148 [0.06%]). Seven hundred ninety-five patients (0.3%) received preoperative RBC transfusions only, 11,587 patients (4.9%) received postoperative RBC transfusions only, and 848 patients (0.4%) received both preoperative and postoperative RBC transfusions. Postoperative RBC transfusion was associated with higher odds of VTE (adjusted OR [aOR], 1.47; 95% confidence interval [CI], 1.19-1.81), DVT (aOR, 1.40; 95% CI, 1.09-1.79), PE (aOR, 1.59; 95% CI, 1.14-2.22), and 30-day mortality (aOR, 1.21; 95% CI, 1.01-1.45) independent of various presumed risk factors. When creating subgroups within orthopaedics by Current Procedural Terminology codes, postoperative transfusions in spine (aOR, 2.03; 95% CI, 1.13-3.67) and trauma (aOR, 1.40; 95% CI, 1.06-1.86) were associated with higher odds of postoperative VTE.

Conclusion:
Our results suggest that postoperative RBC transfusion may be associated with an increased risk of postoperative VTE, both symptomatic DVT and life-threatening PE, independent of confounders. Additional prospective validation in cohort studies is necessary to confirm these findings. In addition, careful perioperative planning for patients deemed to be at high risk of requiring blood transfusion may reduce these postoperative complications in orthopaedic patients.

Level of Evidence:
III
Radiation pattern and radiation balance study over Brassica campestris var. yellow sarson in Gangetic West Bengal
Authors: BARNALI SAIKIA  , SAON BANERJEE  
Published: April 2022

Field experiments were conducted in the experimental farm of Bidhan Chandra Krishi Viswavidyalaya, Kalyani, Nadia, West Bengal (22o57 N, 88o20 E) during Rabi season of three years (2007-08 to 2009-10). The popular variety of the region B-9 was selected and the biomass, grain yield, leaf area index (LAI), crop height and extinction coefficient were measured for each year. The diurnal variations of net radiation (Rn), global solar radiation (GSR) and incident photosynthetically active radiation (PAR0) for different crop growth periods were studied. All the three radiation parameters showed a peak at 11.00 to 12.00 hours on an average and diurnal pattern was almost similar. The seasonal variation did not show any definite pattern. In 2009-10, the LE, G and S values were lower due to lesser amount of Rn throughout the season. In all the years no negative value of S was observed indicating that only upward movement of sensible heat flux occurred. The relationship between intercepted photosynthetically active radiation (IPAR) and biomass were also worked out. There is an immense scope of using the radiation pattern and its balance as inputs of crop growth and yield prediction model.
Indirect Representation and the Lando Principles. An Analysis of Some Problem Areas From the Perspective of English Law
Authors: Busch Danny 
Published: April 2022

The unpublished second report of the Lando Commission on The Principles of European Contract Law ('the Principles' or 'PECL') contains an important recent attempt to harmonise the laws of agency of European jurisdictions. Chapter 3 of the Principles deals with 'Authority of Agents'. Following the civil law model, Article 3:102 PECL distinguishes between direct and indirect representation.
Direct representation exists where an agent acts 'in the name of' a principal (Art. 3:102(1) PECL). If the agent acts within the scope of his authority (real or apparent), his acts bind the principal and third party directly; the agent drops out. Indirect representation covers two types of case in which a principal enlists the assistance of an intermediary to act for him in transactions with third parties (Art. 3:102(2) PECL). The first can be termed 'undisclosed agency'. In these cases, the principal confers authority on the intermediary to create privity between him (the principal) and third parties. As it happens, however, the third party neither knows nor has reason to know that the intermediary acts as an agent. The second category of indirect representation can for convenience be termed 'commission agency'. In this case, by contrast, the principal does not confer authority on the intermediary to create privity of contract between him (the principal) and third parties. The intermediary is to act 'in his own name': he is to contract with third parties in a personal capacity. In both cases of indirect representation, intermediary and third party are bound to each other; principal and third party are not (Art. 3:301 PECL). Even so, in two situations the principal is entitled to exercise against the third party the rights that are acquired on his behalf by the intermediary: if the intermediary goes bankrupt or is guilty of a fundamental non-performance of his duties to the principal (Art. 3:302 PECL). The third party is entitled, in similar circumstances, to exercise against the principal the rights that the third party has against the intermediary (Art. 3:303 PECL).
Corporate Governance - La responsabilité des conseils d'administration dans les sociétés
Authors: Trindade Rita Trigo 
Published: April 2022

This article, which is based on the reports presented in 1998 at the Congress of the International Academy of Comparative Law, is devoted to the study of corporate governance, a concept which has come from the United States and which is recognised today in various European countries. The idea of corporate governance has led to a wide ranging consideration of the balance of powers in limited companies and of ways of improving their operation, notably thanks to the creation of committees (audit, voting rights, remuneration…). In this context, shareholders and investors, particularly pension funds, are demanding better financial information and greater transparency.
Having explained the concept of corporate governance, the author deals with the issues raised by that concept and analyses the relevant legal rules. He concludes that national laws have produced a variety of responses to these issues, and that (supranational) regulation of the matter is required.
House of Lords (opinions of the Lords of Appeal for Judgement in the case Kleinwort Benson Ltd. v. Lincoln City Council and others) 29 October 1998
Authors: Olsen Lena , Deflorian Luisa Antoniolli , Posch Willibald , Jansen Nils , Cunha Carolina Vicente E 
Published: April 2022

The facts of Kleinwort Benson Ltd v. Lincoln City Council will become clear from the following case notes. The case has attracted quite some attention in England. This is not only because it includes the final speech on the law of restitution by Lord Goff of Chievely, it also raises some highly interesting questions. How should interest rate swaps with local authorities be judged? When should recovery for mistake of law be allowed? Do judicial decisions act retrospectively?
It is especially the latter question which is a central point in the discussion of the case in the ensuing case notes. Foreign observers obviously are baffled by the fully retrospective effect which the majority accords to judicial change. Is not this against the whole idea of precedent in the common law?
For further reading as to English comments one may consult M. BRIDGE, Restitution and Retrospective Law; J.M. FINNIS, ‘The Fairy Tale's Moral’, [1999] 115 Law Quarterly Review 170–175; L. SMITH, ‘Restitution for Mistake of Law’, Restitution Law Review 1999, 148–158.
Similarities and Differences between Employment Contracts and Civil or Commercial Contracts
Authors: Summers Clyde W. 
Published: April 2022

There is much less freedom of contract in employment contracts than in commercial contracts because of extensive statutory prescription of terms, and individual freedom is further limited by collective agreements. These limitations are predominately limitations on the terms which an employer can impose. They are purposely designed to protect workers from the imbalance of bargaining power in the labor market.
General comparisons between countries focuse on comparisons of the extent to which the law, statutory and non-statutory, limits freedom of contract in employment contracts. In some countries statutory protections are very thin and in other countries very comprehensive. The principle that law should come to the aid of the weaker party is very strong in many countries, but expressly rejected in others. Some countries insist that contracts of employment should be interpreted the same as other contracts and refuse to apply principles of unfairness, good faith or unconscionability to employment contracts. But even these countries have substantial statutory protection of workers.
Cour de cassation française, 1 december 99 — responsabilité pour activites sportives
Authors: Koch Bernhard A. , Lera Sylvia Gaspar , Reid Elspeth 
Published: April 2022

The judgment of 1 December 1999 by the Court of Cassation relates to the responsibility of organisers of sport events, and more precisely, to that of users of go-cart circuits. This responsibility was relied upon by a go-cart driver who suffered an accident on a circuit of this type.
The judgment is classic in its principle: the Court of Cassation rules that organisers of sport activities have to guarantee the security of participants. However, this security obligation is limited to an “obligation of means”. Thus, the organiser is only liable in case of defective means. Participants of this dangerous sport are supposed to have accepted its risks; that is why they cannot expect from the organiser to offer an absolute guarantee of safety. Moreover, as participants play an active role in the sport activity, they introduce an uncertain external factor into the organiser's security obligation: their own behaviour. The consequences are nevertheless potentially serious for the participant, because the participant is not entitled to compensation if the organiser cannot be proven to have been at fault. Only a very rigorous interpretation of the obligation of cautiousness and surveillance on the part of the organiser can avoid this result.
The judgment, being further proof of the difficulties arising from the distinction between obligation of means and obligation of result, is analysed in the following comments from the point of view of Austrian, Scottish and Spanish law.
Gradual Integration: An Attractive Alternative Integration Process for Turkey and the EU
Authors: Karakas Cemal 
Published: April 2022

The continuing dispute on Turkish accession within the EU illustrates that negotiations still hold much potential for controversy and that their outcome is completely open. If accession might not take place, then accordingly the European Council decision of 16/17 December 2004 ‘it must be ensured that the Candidate State concerned is fully anchored in the European structures through the strongest possible bond.’ How exactly this shall look like has not been elaborated in detail within the negotiation framework.
Gradual Integration could develop into a realistic option for integration beyond full membership for the EU as well as for Turkey. At its core, it envisages a partial sectoral integration and is simultaneously a dynamic model in which integration could proceed in progressive stages. Turkey would not only be integrated economically but also politically, and would receive the right to participate in decision-making. Furthermore, Turkey would keep its status as an accession candidate, i.e. full membership would not be ruled out a priori. This is a key for Turkey and, at the same time, saves the EU from a loss of credibility.
Juxtaposed to ACTA or more of the Same? A Look at IP Enforcement under the EUs Economic Partnership Agreements
Authors: Jaeger Thomas 
Published: April 2022

Global intellectual property (IP) enforcement is a hot issue. The EU and the US, in particular, are committed to taking the level of protection beyond the minimum established by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in 1994.This is evidenced, for example, by the EU's Global IP Enforcement Strategy of 2004, by the Anti-Counterfeiting Trade Agreement (ACTA) finalized in 2010 and by a number of bi- and plurilateral free trade agreements (FTAs) concluded in recent years. Some criticism has been voiced in civil society as well as in academic writing against this TRIPS-plus drive, particularly in relation to ACTA. In the context of EU-ACP trade relations, the EU has now drawn up a special kind of FTA, the so-called Economic Partnership Agreements (EPAs). Designed for developing countries, EPAs include a range of non-mercantilist goals. In accordance with this, EPAs were announced as the dawn of a new era in trade relations with developing countries. This article takes the controversial field of IP enforcement as an example for scrutinizing that new approach. As will be shown, a comparison of their rules on IP enforcement to standard IP enforcement provisions of a purely economic character, prominently the EU's domestic legislation, ACTA and general FTAs, sadly hints that any enthusiasm over EPAs in terms of development-friendliness may be premature. IP enforcement under EPAs lacks conceptual coherence and credibility in the implementation of development-related goals. This analysis is pinned against the background of a discussion of the overall role and effects of enforcement provisions in international trade agreements at the beginning and in the conclusion of this article.
After Brexit: The Certainty and Uncertainty of China-EU Relations in Academic Discourse
Authors: Yang Yifan 
Published: April 2022

This article examines the Chinese scholars’ perceptions of China-European Union (EU) relations in the context of Brexit, with a focus on the future of European integration, the economic and political challenges of post-Brexit China-EU relations at both unit and global levels and China’s policy choices towards the EU. In line with the views of their Western peers, this article finds that Chinese scholars hold an optimistic attitude towards a post-Brexit EU and China-EU relations in general, though they believe that Chinese policymakers must consider Chinese foreign policy dealing with a more conservative EU after Brexit. Based on the analysis, it can be concluded that China calls for a multipolar world with its close cooperation with a post- Brexit EU.
Certainty and uncertainty, China-EU relations, Brexit, Academic Discourse
The Role of the EU HR in the Launch of the CSDP Operation Sophia: An Agenda-Setting Perspective
Authors: Biava Alessia 
Published: April 2022

This article analyses why the proposal of launching Common Security and Defence Policy (CSDP) operation Sophia to fight against human trafficking and avoid further drowning in the Mediterranean Sea was adopted soon after the tragic event of the 19 April 2015 – when more than 700 people died in the sea in one night – and not before. Using an agenda-setting perspective, we argue that a key explanatory factor is the institutional turnover that took place at EU level in November 2014, especially the appointment of Mogherini as EU HR. This article applies the Multiple Streams Framework of Kingdon to analyse the factors that allow an issue to be put high on the agenda and proves the relevant impact of the appointment of Mogherini as EU HR on the decision to launch Sophia. It also uses the framework developed by Princen to identify strategies used by political actors for putting an issue on the EU agenda and shows that Mogherini successfully performed the strategy of ‘claiming authority’ for EU action.
This article sheds lights on the impact of the concern, political background and strong commitment of the EU HR in agenda-setting dynamics at EU level.
EU foreign and security policy, illegal migration, agenda-setting, High Representative of the Union for Foreign Affairs and Security Policy, Eunavfor Med Operation Sophia
Inversely Correlated? Comparing EU-27 and Chinese Exports to South Africa, 2007-2018
Authors: Ndzendze Bhaso 
Published: April 2022

Against the background of literature that assumes mutual exclusivity of European and Chinese access to African markets, this article conducted an assessment of European and Chinese exports to South Africa over the 2007–2018 period. Findings indicate that Chinese exports to South Africa have not supplanted total EU exports to South Africa, unlike the case with the country’s other previous leading trade partners; however, in this timeframe, China’s rate of growth has outgrown that of Europe, and some products which were principally sourced from the EU were subsequently exported more by the People’s Republic of China (PRC), indicating that if the present trajectory continues, China will replace Europe as the principal export partner of South Africa within little over a decade. The onset of Brexit, with the UK being a key trade partner for South Africa within the EU, will expedite this trend by diminishing the gap between EU and PRC exports to South Africa.
EU–South Africa relations, China–South Africa relations, EU–China relations, Trade
The Lonely Strategist: Who but the High Representative and the EEAS Cares About the EU Global Strategy?
Authors: Biscop Sven 
Published: April 2022

EU Member States have agreed on a grand strategy, the 2016 Global Strategy (EUGS). However, the Foreign Affairs Council (FAC), where Member States define the EU’s foreign, security and defence policies, has failed to fully implement it. In fact, neither the Member States nor the European Commission feel ownership of the EUGS. However, the need to leverage the internal competences of the Commission in order to maintain the EU’s position in the competition between the great powers, may forge more grand strategic unity. Nevertheless, introducing majority decision-making remains imperative – but unlikely. What the EU could and ought to do immediately, however, is to introduce a regular strategic review.
Strategy, CFSP, CSDP, High Representative, EEAS
The European External Action Service and EU Climate Diplomacy: Coordinator and Supporter in Brussels and Beyond
Authors: Biedenkopf Katja , Petri Franziska 
Published: April 2022

This article assesses the European External Action Service’s (EEAS’s) role in the evolution of EU climate diplomacy over the past decade and considers its future agenda. We distinguish between the EEAS headquarters and the EU Delegations/Offices in third countries. The EEAS headquarters has found a role as coordinator among the Council and Commission services as well as between ‘Brussels’ and the EU Delegations. What is more, the EU Delegations have engaged in various climate diplomacy activities and coordinate among Member State embassies. Despite its reliance on only a few staff members specialized in climate issues – both at the headquarters and Delegation level – the EEAS contributes to EU climate diplomacy formulation and implementation by providing a centralized venue for coherent geographic and thematic messaging and action.
European External Action Service, EEAS, climate diplomacy, EU Delegations
Translating the Peace Ambition into Practice: The Role of the European External Action Service in EU Peace Mediation
Authors: Herrberg Antje 
Published: April 2022

Peace mediation constitutes a major and natural part of European foreign policy. From the perspective of the European External Action Service (EEAS), this article outlines the foundations of EU peace mediation, the development and genesis of its practice, and contrasts four examples: Belgrade-Pristina, Iran, Georgia and Yemen. Multitrack mediation and its integrated approach provide the specific value added of EU peace mediation. The future challenges in international conflict resolution are now addressed in a new EU concept for Peace Mediation with specific guidelines which point to the need for greater professionalization and a recognition of the EU’s role in this field.
EEAS, Peace mediation, EU competence, Early warning system, Conflict prevention, Belgrade-Pristina, Iran, Georgia, Yemen, NGOS
Differentiated Defence Integration Under French Leadership
Authors: Rieker Pernille 
Published: April 2022

Studies dealing with EU security and defence policy tend to focus exclusively on what is formally included in the Union’s Common Security and Defence Policy (CSDP). Other initiatives taken outside this framework are frequently seen potentially undermining the development of EU defence – even when the intention is to strengthen defence capacity. This has been the case with the various initiatives taken within or closely linked to the North Atlantic Treaty Organization (NATO), as well as the recent French approach involving the European Intervention Initiative (EI2). An alternative perspective is to see these as integrated parts of a more flexible and differentiated European security framework where all these initiatives combined contribute to strengthening European defence capacity. Building on the argument presented in the introduction to this Special Issue, this article argues that France, as a leader in promoting ‘l’Europe de la défense’, has been instrumental in promoting this differentiated approach to European defence integration, especially under the Macron presidency. (This article is an output of a research project entitled ‘Balancing between integration and autonomy. Understanding the drivers and mechanisms of the EU’s foreign, security and defence policy’ (EUFLEX), funded by the Research Council of Norway (project number 287131) for the period 2018-21.
France, differentiated integration, CSDP, European intervention initiative, security and defence