bluuebunny/crossref_metadata_2025_split huggingface dataset:
Article 45
Authors: Hennebel Ludovic , Tigroudja Hélène 
Published: January 2022

AbstractThis chapter discusses Article 45 of the American Convention on Human Rights (ACHR), which establishes the inter-States communications mechanism. Article 45 of the ACHR follows and has strong ties to the provision organizing the mechanism of individual petitions (Article 44). Both articles describe the avenues to submit to the Inter-American Commission on Human Rights a dispute regarding the implementation of the ACHR: either the dispute is raised by individuals under the conditions laid down by Article 44, or by a State Party against another State Party to the ACHR. The structure and philosophy at the basis of Article 45 is very familiar to “classical” international lawyers. Modeled on the rules of functioning of the International Court of Justice (Article 36 of the ICJ Statute), it fully respects the expression of the States' consent.
Interpretation and Intertemporal Application of Investment Treaties
Authors: Dolzer Rudolf 
Published: January 2022

Abstract
This chapter examines the interpretation and intertemporal application of investment treaties. In international investment law, the interpretation of treaties takes place by tribunals whose composition varies from case to case. This makes it more difficult to develop a consistent case law than in a permanent judicial institution. Most tribunals, when interpreting treaties, start by invoking Article 31 of the Vienna Convention on the Law of Treaties (VCLT). Tribunals have recognized the validity of the rules on treaty interpretation in the VCLT as part of customary international law. This means that these rules are of general application also in respect of treaties concluded before the VCLT’s entry into force in 1980 and independently of whether all parties to a treaty have ratified the VCLT. At times, tribunals also refer to the supplementary means of interpretation contained in Article 32 of the VCLT. Meanwhile, some treaties provide for a consultation mechanism concerning their interpretation or application.
Investor
Authors: Dolzer Rudolf 
Published: January 2022

Abstract
This chapter investigates how international investment law is designed to promote and protect the activities of private foreign investors. Investors are either individuals (natural persons) or companies (juridical persons). The investor’s nationality determines the foreignness of the investment and from which treaties it may benefit. Corporate nationality is considerably more complex than that of individuals. The most commonly used criteria for corporate nationality are incorporation or the main seat of the business. The Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) contains a specific provision to address the phenomenon of foreign investments made through corporations that are registered in the host State. The chapter then looks at the practice of nationality planning. States have devised methods to counteract strategies of investors that seek the protection of particular treaties by acquiring favourable nationalities. One such method is to require a bond of economic substance between the corporation and the State. Another method is the insertion of a so-called denial of benefits clause into the treaty that provides consent to jurisdiction.
Political Risk Insurance
Authors: Dolzer Rudolf 
Published: January 2022

Abstract
This chapter illustrates the evolution of a market for investment insurance. The first phase of insurance programmes commenced in the 1950s and was entirely dominated by insurers run by national governments, which sought to promote the outgoing investments of their nationals. Indeed, the purpose of national insurance programmes is tied to the promotion of the national economy. Covered risks are usually expropriation, non-convertibility of currency, and political violence. It is the general practice of government insurers to conclude agreements with host countries that provide for subrogation. Meanwhile, private companies entered the investment insurance market on the assumption of higher efficiency and an acceptable margin of profit. The chapter then looks at the risks covered by political risk insurance, which are similar but not identical with those addressed in bilateral investment treaties (BITs). It also considers how disputes have arisen between insured investors and the insurer when the two sides have disagreed on the interpretation or application of the insurance contract.
Belligerent Rights and the Future of Naval Economic Warfare
Authors: Clapham Andrew 
Published: January 2022

Abstract
This chapter highlights how old ideas about what is permitted in war continue to play a role when it comes to the use of force against merchant shipping and seizing such ships and their cargo on the high seas. It considers how claims related to the law of blockade and contraband blur the distinction between military objectives and civilian objects. The chapter ends with suggestions for an overhaul of the rules on seizure of enemy and neutral ships and the cargoes they are transporting.
Conclusion
Authors: Clapham Andrew 
Published: January 2022

Abstract
This concluding chapter revisits the idea that states no longer rationalize their violence against each other as part of a longstanding tradition of going to war. It therefore highlights that it is no longer appropriate to apply the logic of war that justifies killing, detention and destruction as part of the necessities of war. The chapter recalls how governments claim belligerent rights to acquire territory and neutral ships, to destroy things they consider are part of the enemy's war-sustaining economy, and to intern people as law of war detainees. It suggests that aspects of old ideas about what is permissible in war have survived, when many of them should have been buried along with the legal institution of War.
Biological and Chemical Weapons
Authors: Casey-Maslen Stuart 
Published: January 2022

Abstract
This chapter addresses the two global WMD disarmament treaties with the broadest participation: the 1971 Biological Weapons Convention and the 1992 Chemical Weapons Convention. It summarizes the negotiation of the two treaties and describes their content. It also compares and contrasts the operation and implementation of the 1971 treaty, to which 183 States are party, and the 1992 treaty, to which 193 of 197 States are party. This chapter highlights the challenge of verifying compliance with the Biological Weapons Convention as it lacked a formal structure. It describes the operation of the Organization for the Prohibition of Chemical Weapons and verifies its use in Syria.
The Future of Arms Control and Disarmament
Authors: Casey-Maslen Stuart 
Published: January 2022

Abstract
This final chapter reviews some of the trends and lessons that have been learned in arms control and disarmament over the past 75 years. It also identifies and summarizes the nature of those weapons and weapons systems that are currently the subject of discussions and negotiations among States or international experts. It also describes autonomous weapons systems, 3D printing, cyber operations, and space-based weapons, which pose major problems to the existing arms control and disarmament architecture. The chapter analyses the modern era of disarmament that opened with the adoption of the Charter of the United Nations (UN) and the use of the atomic bomb. It recounts the adoption of the Partial Test-Ban Treaty in 1963, which helped to calm tensions following the Cuban missile crisis.
Introduction and Overview
Authors: Stewart David P , Bowker David W 
Published: January 2022

Abstract
The first edition of Bruno Ristau’s International Judicial Assistance in Civil and Commercial Matters was published in two volumes in 1984; its fourth (and final) edition was published in six volumes in 2000. Since then, the field of international civil and commercial litigation has continued to expand. An abundance of new material (including new treaties, conventions, norms, and principles) and the growing complexity of the field of transnational civil and commercial litigation justify an updated and reoriented version of Ristau’s volumes, providing an overview of this increasingly relevant yet still complex field. Chapter One summarizes the following seven chapters and emphasizes that the book is intended to serve as a practitioner’s guide to the major issues in international litigation, rather than an exhaustive compendium of national laws or judicial decisions, which we have included for context and as representative examples. The book surveys and discusses the major issues practitioners are likely to encounter, with particular emphasis on the most significant judicial assistance tools, international treaties, conventions, and instruments relevant to cross-border litigation.
Choice of Law
Authors: Stewart David P , Bowker David W 
Published: January 2022

Abstract
Parties to international transactions may choose the law they want to govern certain aspects of their deal, including both the dispute resolution clause and the substantive provisions of their contract. The parties’ choice of law is a consequential but often particularly difficult aspect of cross-border transactions, particularly because the rules of enforceability of such clauses differ from one jurisdiction to another, and thus the parties’ choice may or may not be honored by a domestic court or other tribunal ultimately faced with the question. Moreover, no single agreed international approach or practice exists, much less any explicit rule or agreement, to guide a determination by a domestic court faced with deciding the validity of the parties’ choice or, in the absence of such a choice, under its “conflicts of law” rules. This chapter reviews differing domestic approaches in this area of “private international law,” the existing regional rules (e.g., within the EU and the Inter-American system), and the various emerging “soft law” instruments on “party autonomy.” We describe the U.S. rules on choice of law and conflict of laws in some detail because they are both complicated and often unfamiliar to foreign counsel.
Proof of Foreign and International Law
Authors: Stewart David P , Bowker David W 
Published: January 2022

Abstract
It is increasingly common today for questions concerning the applicability, content, and meaning of foreign and international law to arise at multiple points in the course of a single litigation. In the absence of any internationally agreed rules or procedures, the task of proving and applying foreign law in domestic proceedings can be challenging. Different legal systems take different approaches to the task of “proving” foreign and international law. This chapter reviews the few relevant international instruments as well as the U.S. rules, which have recently received attention from the U.S. Supreme Court and others.
Legalisation and Apostilles
Authors: Stewart David P , Bowker David W 
Published: January 2022

Abstract
In many situations, parties to an international litigation must rely upon and introduce in court proceedings public documents (such as certificates of incorporation; birth, death, or marriage records; deeds and transfers of property; business licenses) and business records (bills of sale, trademark applications, assignments of patent, etc.) from a foreign jurisdiction. Typically, such documents must be formally authenticated or certified before they can be accepted by the court. Because the relevant requirements and procedures frequently differ sharply from one country to another, the international practitioner is often challenged to determine exactly which procedure to follow in preparing documents from abroad for use in a legal proceeding. This chapter describes the differing approaches under national law for the formal authentication or certification of documents from one national jurisdiction so they can be recognized and accepted in another. It outlines the problems with “chain legalization” and the requirements and benefits of the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (the Apostille Convention).
Recognition and Enforcement of Foreign Judgments
Authors: Stewart David P , Bowker David W 
Published: January 2022

Abstract
Whether a judicial judgment rendered in one country will be recognized and enforced by the courts of other countries (especially where the judgment debtor might have assets) is a critical question in international litigation. Traditionally, national legal systems have not accepted any binding obligation to recognize or enforce judgments rendered by the courts of other countries. That reality has long posed problems for successful litigants that obtain a judgment against a defendants whose assets are located in a different country. Increasingly, however, states are entering into bilateral arrangements with trusted states and trading partners for this purpose, and in 2019 the Hague Conference concluded the first multilateral “judgments” convention with the potential to transform this area of international civil and commercial practice. This chapter provides an overview of that Convention and a summary of relevant U.S. law and foreign law on enforcement of civil and commercial judgments, as well as arbitral awards.
The XXL Survey. XLII. The LX − σv relation of galaxy groups and clusters detected in the XXL and GAMA surveys
Authors: Giles P A , Robotham A , Ramos-Ceja M E , Maughan B J , Sereno M , McGee S , Phillipps S , Iovino A , Turner D J , Adami C , Brough S , Chiappetti L , Driver S P , Evrard A E , Farahi A , Gastaldello F , Holwerda B W , Hopkins A M , Koulouridis E , Pacaud F , Pierre M , Pimbblet K A 
Published: January 2022

ABSTRACT
The XXL Survey is the largest homogeneous survey carried out with XMM-Newton. Covering an area of 50 deg2, the survey contains several hundred galaxy clusters out to a redshift of ≈2, above an X-ray flux limit of ∼6 × 10−15 er g cm−2 s−1. The GAMA spectroscopic survey of ∼300 000 galaxies covers ≈286 deg2, down to an r-band magnitude of r &lt; 19.8 mag. The region of overlap of these two surveys (covering 14.6 deg2) represents an ideal opportunity to study clusters selected via two independent selection criteria. Generating two independently selected samples of clusters, one drawn from XXL (spanning a redshift range 0.05 ≤ z ≤ 0.3) and another from GAMA (0.05 ≤ z ≤ 0.2), both spanning 0.2 ≲ M500 ≲ 5 × 1014 M⊙, we investigate the relationship between X-ray luminosity and velocity dispersion (LX − σv relation). Comparing the LX − σv relation between the X-ray selected and optically selected samples, when not accounting for the X-ray selection, we find that the scatter of the X-ray selected sample is 2.7 times higher than the optically selected sample (at the 3.7σ level). Accounting for the X-ray selection to model the LX − σv relation, we find that the difference in the scatter increases (with the X-ray selected sample having a scatter 3.4 times larger than the optically selected sample). Although the scatter of the optically selected sample is lower, we find 13 optically selected GAMA groups undetected in X-rays. Inspection of the difference in magnitude between the first and second brightest galaxies in the cluster, and a stacked X-ray image of these 13 groups, suggests that these are young systems still in the process of forming.
Stable Solar Periodicities: The Time Stability
Authors: Chol-jun Kim , Kyong-phyong Jon 
Published: January 2022

Abstract
We show that while the Fourier transform can figure only an “intensity” of a periodic signal, there is an additional information embedded, which is a “coherence” of the signal. Supposing that the periodicity is reflected only on the “coherence,” we introduce a time stability as a measure of “coherence” excluding the “intensity,” i.e. amplitude of signal. In stead of classical strength-based significance, where strength implies the power or amplitude, we adopt a stability-based significance as criterion to choose cycles in a random signal. We inspect the time-stable solar periodicities and show that most periodicities discovered in exterior solar activities such as the solar wind inhere in interior solar activity such as the sunspot and that the time stability can be an effective tool in spectral analysis of stochastic solar activity.
The VISCACHA survey – IV. The SMC West Halo in 8D
Authors: Dias B , Parisi M C , Angelo M , Maia F , Oliveira R A P , Souza S O , Kerber L O , Santos J F C , Pérez-Villegas A , Sanmartim D , Quint B , Fraga L , Barbuy B , Bica E , Santrich O J Katime , Hernandez-Jimenez J A , Geisler D , Minniti D , De Bórtoli B J , Bassino L P , Rocha J P 
Published: January 2022

ABSTRACT
The structure of the Small Magellanic Cloud (SMC) is very complex, in particular in the periphery that suffers more from the interactions with the Large Magellanic Cloud (LMC). A wealth of observational evidence has been accumulated revealing tidal tails and bridges made up of gas, stars, and star clusters. Nevertheless, a full picture of the SMC outskirts is only recently starting to emerge with a 6D phase-space map plus age and metallicity using star clusters as tracers. In this work, we continue our analysis of another outer region of the SMC, the so-called West Halo, and combined it with the previously analysed Northern Bridge. We use both structures to define the Bridge and Counter-bridge trailing and leading tidal tails. These two structures are moving away from each other, roughly in the SMC–LMC direction. The West Halo form a ring around the SMC inner regions that goes up to the background of the Northern Bridge shaping an extended layer of the Counter-bridge. Four old Bridge clusters were identified at distances larger than 8 kpc from the SMC centre moving towards the LMC, which is consistent with the SMC–LMC closest distance of 7.5 kpc when the Magellanic Bridge was formed about 150Myr ago; this shows that the Magellanic Bridge was not formed only by pulled gas, but it also removed older stars from the SMC during its formation. We also found age and metallicity radial gradients using projected distances on sky, which are vanished when we use the real 3D distances.
Tidal disruption events in post-starburst galaxies: the importance of a complete stellar mass function
Authors: Bortolas Elisa 
Published: January 2022

ABSTRACT
A tidal disruption event (TDE) occurs when a star is destroyed by the strong tidal shear of a massive black hole (MBH). The accumulation of TDE observations over the last years has revealed that post-starburst galaxies are significantly overrepresented in the sample of TDE hosts. Here we address the post-starburst preference by investigating the decline of TDE rates in a Milky-Way like nuclear stellar cluster featuring either a monochromatic (1 $\, \mathrm{M}{\odot {}}$) or a complete, evolved stellar mass function. In the former case, the decline of TDE rates with time is very mild, and generally up to a factor of a few in 10 Gyr. Conversely, if a complete mass function is considered, a strong TDE burst over the first 0.1–1 Gyr is followed by a considerable rate drop, by at least an order of magnitude over 10 Gyr. The decline starts after a mass segregation time-scale, and it is more pronounced assuming a more top-heavy initial mass function and/or an initially denser nucleus. Our results thus suggest that the post-starburst preference can be accounted for in realistic systems featuring a complete stellar mass function, even in moderately dense galactic nuclei. Overall, our findings support the idea that starbursting galactic nuclei are characterized by a top-heavy initial mass function; we speculate that accounting for this can reconcile the discrepancy between observed and theoretically predicted TDE rates even in quiescent galaxies.
Project Hephaistos – I. Upper limits on partial Dyson spheres in the Milky Way
Authors: Suazo Matías , Zackrisson Erik , Wright Jason T , Korn Andreas J , Huston Macy 
Published: January 2022

ABSTRACT
Dyson spheres are hypothetical megastructures built by advanced extraterrestrial civilizations to harvest radiation energy from stars. Here, we combine optical data from Gaia DR2 with mid-infrared data from AllWISE to set the strongest upper limits to date on the prevalence of partial Dyson spheres within the Milky Way, based on their expected waste-heat signatures. Conservative upper limits are presented on the fraction of stars at G ≤ 21 that may potentially host non-reflective Dyson spheres that absorb 1–90 per cent of the bolometric luminosity of their host stars and emit thermal waste-heat in the 100–1000 K range. Based on a sample of ≈2.7 × 105 stars within 100 pc, we find that a fraction less than ≈2 × 10−5 could potentially host ∼300 K Dyson spheres at 90 per cent completion. These limits become progressively weaker for less complete Dyson spheres due to increased confusion with naturally occurring sources of strong mid-infrared radiation, and also at larger distances, due to the detection limits of WISE. For the ∼2.9 × 108 stars within 5 kpc in our Milky Way sample, the corresponding upper limit on the fraction of stars that could potentially be ∼300 K Dyson spheres at 90 per cent completion is ≲8 × 10−4.
Quenching time-scales in the IllustrisTNG simulation
Authors: Walters Dan , Woo Joanna , Ellison Sara L 
Published: January 2022

ABSTRACT
The time-scales for galaxy quenching offer clues to its underlying physical drivers. We investigate central galaxy quenching time-scales in the IllustrisTNG 100-1 simulation, their evolution over time, and the pre-quenching properties of galaxies that predict their quenching time-scales. Defining quenching duration τq as the time between crossing specific star formation rate (sSFR) thresholds, we find that ${\sim} 40{{\ \rm per\ cent}}$ of galaxies quench rapidly with τq &lt; 1 Gyr, but a substantial tail of galaxies can take up to 10 Gyr to quench. Furthermore, 29 per cent of galaxies that left the star-forming main sequence (SFMS) more than 2 Gyr ago never fully quench by z = 0. While the median τq is fairly constant with epoch, the rate of galaxies leaving the SFMS increases steadily over cosmic time, with the rate of slow quenchers being dominant around z ∼ 2–0.7. Compared to fast quenchers (τq &lt; 1 Gyr), slow-quenching galaxies (τq &gt; 1 Gyr) were more massive, had more massive black holes, had larger stellar radii, and accreted gas with higher specific angular momentum (AM) prior to quenching. These properties evolve little by z = 0, except for the accreting gas AM for fast quenchers, which reaches the same high AM as the gas in slow quenchers. By z = 0, slow quenchers also have residual star formation in extended gas rings. Using the expected relationship between stellar age gradient and τq for inside-out quenching we find agreement with Mapping Nearby Galaxies at Apache Point Observatory (MaNGA) integral field unit (IFU) observations. Our results suggest the accreting gas AM and potential well depth determine the quenching time-scale.