bluuebunny/crossref_metadata_2025_split huggingface dataset:
Microclimatic alteration through protective cultivation and its effect on tomato yield
Authors: PRAGYAN KUMARI  , RAJAN KUMAR OJHA  , ABHIVYAKTI  , A. WADOOD  , RAJNISH PRASAD RAJESH  
Published: April 2022

Microclimatic alteration produced by mulching with different coloured plastic sheets, inside and outside the polyhouse and its effect on yield of tomato was studied during 2012-13 at Birsa Agricultural University, Ranchi. The mean weekly minimum and maximum air temperature during last week of December to 1st week of March were found to be higher by 2 to 9 0C inside the polyhouse than open field. Relative humidity was always higher in the open field during January to February by 2 to 7 % but it was higher inside the polyhouse in the months of March to May by 4 % at 7.00 AM. Almost a similar trend at 2.00 PM was also observed but during March to April relative humidity was higher by 10 % in polyhouse condition. The maximum available light intensity inside the polyhouse was about 30 to 40 % lower than that of the open field irrespective of growth stages. Average soil temperature was found to be higher by 2 to 5 0C under open field condition than inside the polyhouse. Leaf temperature of tomato grown under polyhouse was always lower than the open field condition. These microclimatic conditions inside the polyhouse favoured the performance of tomato and fruit yield obtain from the polyhouse was 65 t ha-1 against 33 t ha-1 from the open field
Schmerzensgeld BGH, Urteil vom 13.10.1992 - VI ZR 201/91, BGHZ 120, 1, NJW 1993, 781 m. Anm. Deutsch, JZ 1993, 516 m. Anm. Giesen Cass. Belge vom 4.4.1990. JT 1992, 829
Authors: Papadopoulou-Klamaris Dimitra , Van Den Bergh Ralph , Apathy Peter , Maertens A.S. , Cornelis L. , Nieper Franz 
Published: April 2022

Principles guiding the decision of the BGH
1. If a doctor carries out a forceps delivery rather than a Caesarean section in the case of a breech presentation where the child's feet are presented, this constitutes a treatment failure if the baby is not yet fully engaged.
2. If, through a treatment failure by the doctor assisting at the birth, a child suffers severe brain injury which leads to the substantial loss of its perceptive abilities, the damage to personality suffered in this way is a loss of amenity which should be compensated by means of a monetary payment.
3. The extent of damage is such that an individual assessment of damage is required, and a purely symbolic payment is inadequate (reversal of BGH, 16.12.75 - VIZR 175/74 = JZ 1976, 559 and BGH, 22.6.1982 - VIZR 247/80 = NJW 1982, 2123)
For the facts see the accompanying case note by Nieper.
Principles guiding the decision of the Belgian Cour de cassation
In order for compensation for pain and suffering to be payable, it is not necessary for the injured party to be conscious that the sum awarded is intended to compensate for damage.
Facts
In this case damages for pain and suffering were awarded to a person who had been mentally impaired since the death of their father as a result of a traffic accident.
Sharp v. Thomson, House of Lords (Lord Brown-Wilkinson, Lord Keith of Kinkel, Lord Jauncey of Tullichettle, Lord Steyn and Lord Clyde) 27 February 1997, [1997] SLT 636
Authors: Gretton George L. , Dacoronia Eugenia , Michaels Ralf 
Published: April 2022

A company granted a floating charge over all its assets. The floating charge is a universal hypothec, introduced from English law in 1961. It covers both moveables and immoveables. A floating charge is not a real right at first, but becomes one when it crystallises. According to s. 462(1) of the Companies Act 1985 it is competent under the law of Scotland for an incorporated company to grant such a floating charge "over all or any part of the property … which may from time to time be comprised in its property and undertaking". After granting the floating charge, the company contracted to sell a flat to the defendants. This was followed by delivery of the deed of conveyance (the disposition). A final stage before transfer of real rights in the property is complete is registration of the conveyance. The floating charge crystallised, however, before this formality was completed. The question for the courts was therefore whether the floating charge attached to the flat on crystallisation.
At first instance and on appeal the Scots courts determined that the transfer of the real rights in the property to the Thomsons had not been perfected and that therefore the flat fell within the scope of the floating charge when it crystallised. In the House of Lords, however, a different solution was retained. The "beneficial interest" in the property was found to have been transferred to the purchasers on disposition. The reference to property which may be comprised in a company's "property and undertaking" in s. 462(1) of the Companies Act was interpreted as meaning property in which the company had a beneficial interest. The floating charge did not, therefore, attach to the flat.
By invoking the idea that there is scope for some intermediate legal category between personal and real rights, involving the transfer of the beneficial interest in property, the decision has traumatised a certain section of the Scottish legal community - ever resistant to invasions from over the border. Although Lord Clyde stressed that "the approach taken by the appellants in this case does not seek to innovate upon the established principles of Scottish land law or conveyancing", the distinction drawn between legal and beneficial ownership mirrors the English law concepts constantly used in the law of property to distinguish between legal and equitable rights - a distinction not used in Scots law.
The Choice of the Aggrieved Party - An Analysis of the Remedies in the Principles of the European Contract Law
Authors: Olsen Lena 
Published: April 2022

The article analyses the Principles of European Contract Law from the creditor's standpoint - examining his choice of remedies in cases of non-performance by the debtor. Three considerations are highlighted:
1. The interests of the parties, and especially those of the creditor, for whom different remedies may be more or less important depending on the nature of the contract. These interests are largely satisfied by the Principles. There are a large number of limitations on the creditor's right to specific performance, but he is protected by the existence of that right, the fact that the burden of proof of factors limiting specific performance is placed on the debtor and the fact that he can also claim damages for losses which are not economic in character.
2. The circumstances in which the remedy is sought (in terms of the actions of the parties and the order and timing of those actions). The treatment by the Principles of these considerations is subjected to some criticism by the author because it is necessary to search through the various remedies to identify the relationship between the remedy and the behaviour of the parties. She accepts that complete clarity may be impossible to achieve, but the result is that the Principles are not always clear as to the range of remedies that are available in certain situations.
3. The type of obligation concerned and the type of breach that occurs are also relevant to the creditor's choice, and various remedies may need to be activated in specific ways. Again there are some grounds to criticise the Principles but the solutions found are generally to be welcomed.
The author concludes that on the whole the Commission on European Contract Law has performed a huge task and managed to create a system of remedies that is sympathetic to the parties' interests and effective. She hopes that the Principles will be called on by the EU when formulating new directives in the area of contract law.
BGH, Urteil vom 7. Mai 1996, BGH - Zur Erstattung von Mietwagenkosten nach einem Verkehrsunfall
Authors: Hammersschall Ute , de Temmermann Bart , Werro Franz 
Published: April 2022

In this decision, the German Federal Supreme Court was once again concerned with the question of the extent to which car rental costs are to be reimbursed by the tortfeasor following a traffic accident, a question which has been frequently discussed in Germany in the last few years. The following set of facts, typical in practice, served as the starting point. The plaintiff's car, a BMW 316 i, was damaged in a car accident on 12 February 1993; in the circumstances it was undisputable that the first defendant and his liability insurer (who was also a defendant) were liable in full. Through the offices of the garage where the car was being repaired, the plaintiff rented a BMW 316 i at a daily rate of 330.- DM as of the afternoon of the accident. Since the expert appointed to assess the damage concluded that there would be considerable repair costs and that the time needed for the repairs would probably be in the region of 10-11 days, the plaintiff refrained from having the accident vehicle repaired, acquired a new car, and returned the rented car on 26 February 1993. Altogether the rental costs for the car amounted to 5, 926. 96 DM on the basis of a so-called 'accident replacement rate'.
In this type of case the decisive question with which practitioners have had to deal is whether a claim for the reimbursement of car rental costs in accordance with the so-called 'accident replacement rate' exists, or whether such a claim is limited to the 'normal rate' that would apply in non-accident related business: the latter commonly being considerably cheaper. The view of the Supreme Court was that a party who suffers loss in a traffic accident does not generally breach his duty to mitigate the damage if he rents a replacement car at a rate that is reasonable within the framework of the so-called 'accident replacement rate'. The expenditure that a sensible person, conscious of economic considerations, would make on finding himself in the position of the injured party must be seen as necessary expenditure within the meaning of § 249, second sentence of the Civil Code. In such circumstances, the injured party does not need to undertake some form of market research before renting a replacement car, in order to identify the cheapest offer. As long as the rate paid remains within the range of what is considered normal, the sums paid out by the injured party are to be reimbursed. Since those seeking car rental services who have suffered a car accident are only offered accident replacement rates by car rental firms, it follows that there will normally be a duty to reimburse the payment of accident replacement rates that are to be found within the range of what is usual.
The following comments examine the legal situation in Austria (Hammerschall), Belgium (De Temmerman) and Switzerland (Werro). In the process, further questions that arise out of the reimbursement of car rental costs in these countries are also discussed.
House of Lords, Banque Financière de la Cité v Parc (Battersea) Ltd. and others [1998] 1 All ER 737
Authors: Dacoronia Eugenia , Gomes Júlio , du Jardin Laurent , Demoulin Charles 
Published: April 2022

Banque Financière de la Cite is a further contribution to the developing English law on restitution. In particular it examines the relationship between restitution and subrogation. The case had the following set of facts:
The claimant made an advance of DM30m to enable the defendant to repay part of a loan from another bank, secured by a first charge on the defendant's property. Under the terms of the advance it was not contemplated that the defendant would provide any security, but it was an express condition of the advance that other companies in the group to which the defendant belonged would not demand repayment of their loans until the claimant had been repaid. One such company (O) was, however, protected by a second charge over the property. The persons who negotiated the transaction had no authority to commit O to the express condition so it was not contractually bound.
The defendant became insolvent. If the claimant had no priority over O's second charge, it was unlikely to be repaid. The court had to decide whether, as against O, the claimant was entitled to be subrogated to the first charge to the extent that its money was used to repay the debt which it had secured. The claimant argued that if O was allowed to enforce its second charge, it would be unjustly enriched at the expense of the claimant.
The House of Lords considered that the appropriate questions to be asked when a restitutionary remedy was sought were: (i) whether the defendant would be enriched at the plaintiff's expense; (ii) whether such enrichment would be unjust; and (iii) whether there were nevertheless reasons of policy for denying a remedy. On the facts, in the absence of subrogation, O would be enriched at the claimant's expense and prima facie such enrichment would be unjust. Moreover, subrogation as against O, which was all that the claimant sought in the action, would not give it greater rights than it had bargained for; all that would happen would be that O would be prevented from being able to enrich itself to the extent that the claimant's money paid off the first charge.
The following case notes examine this set of facts from the points of view of Greek, Portuguese and Belgian law.
Helping Transition: The EU Police Mission in the Democratic Republic of Congo (EUPOL Kinshasa) in the Framework of EU Policies in the Great Lakes
Authors: Martinelli Marta 
Published: April 2022

The trilogy of peace, security and development compounded by the imperative of good governance is a principle enunciated in various EU official documents and has also become an operational concept in the EU’s instruments for external action. With Security Sector Reform identified as a core element of the EU’s peacebuilding efforts, the EU’s police mission in the DRC represents a key example of external donors’ initiatives designed to help shape the transitional phase of countries moving to a more stable situation.
The challenges faced by ESDP missions on the ground are “only gradually becoming the subject of research-based evaluations” (see M. Merlingen and R. Ostrauskaite, ‘ESDP Police Missions: Meaning, Context and Operational Challenges’ (2005) 10 EFA Rev, pp. 215&ndash;235). This article builds on a conception of policing as one that goes beyond the provision of basic security to citizens to include the redesigning of social order through the transformation of police practices from non-liberal to best international practices. Thus it reviews the experience of EUPOL Kinshasa with two objectives in mind: 1) to provide insights into the process of consolidation of the EU’s crisis management expertise and capability with a view to assessing the coherency and effectiveness of its action and 2) to contribute to the discussion on how the EU’ approach to police reform contributes to the establishment of a different social order in the DRC.
The Referendum in Montenegro: The EU?s ?Postmodern Diplomacy?
Authors: Friis Karsten 
Published: April 2022

This article analyses the referendum on independence in Montenegro 21 May 2006. It argues that the 2002 EU-brokered State Union of Serbia and Montenegro by 2006 had become a non-functional state and a source of discord which distracted attention from the urgently needed reform processes in both republics. Due to the deep splits in Montenegro over independence, a new EU engagement to help resolve the issue once and for all and in a stable and democratic way, was needed.
The pre-referendum negotiations succeeded due to skilful diplomacy and insistence on European values and principles in the legislative framework. As a result, the referendum proved that even the most contentious and sensitive issues can be resolved with democratic means in the Western Balkans.
The EU engagement in this case could be characterized as ?postmodern diplomacy?, because the engagement was aimed directly to an internal situation in another country; because the main asset provided was European legal and political principles; and because the EU included other international organizations (the CoE and OSCE) in the negotiations.
Trade and Investment Relations between the European Union and Australia: For a Bilateral Economic Integration Agreement
Authors: Puig Gonzalo Villalta 
Published: April 2022

The European Union (EU) is Australia's largest economic partner. It has been so for more than twenty-five years. Yet, the EU remains the only major trading and investment partner with which Australia does not have an Economic Integration Agreement, either in force or under negotiation. This article analyses the legal and policy issues that affect their trade and investment relations. Despite the existence of an EU-Australia Partnership Framework, a declaration in the process of revision into an agreement, the article considers that attention diversion from larger trading and investment partners, for the EU, and opposition to the distortive effects of the Common Agricultural Policy (CAP), for Australia, are the two main reasons for the low priority that each party attaches to bilateral trade and investment liberalization with the other. Nonetheless, an Economic Integration Agreement is, it argues, a mutually beneficial strategy: there remain duties and other restrictive regulations of commerce on trade between the EU and Australia that are amenable to bilateral elimination in the interest of further trade creation without the subsequent potential for any significant trade diversion. This article, aware of the difficulty of compromise over agriculture, makes a flexible and pragmatic call for a bilateral agreement on trade in services and trade-related investment measures. Services trade and investment are not sensitive areas for either party and an agreement to facilitate them would duly recognize the EU as Australia's largest partner for trade in services and its largest source and destination of foreign direct investment. It concludes that barrier reductions, if not their elimination altogether, in these two non-sensitive areas are likely to make up a significant proportion of the likely benefits of a comprehensive agreement. Their delay (or even loss) might outweigh the possible benefits from barrier reductions to sensitive sectors. Agriculture and other sensitive sectors that require further negotiation over a longer period of time could be the subject of built-in agendas.
Why the EU is Failing in its Neighbourhood: The Case of Armenia
Authors: Van Hoof Lieve 
Published: April 2022

As the Arab Spring has made clear, the EU's strategic aim of being surrounded by a ring of secure, democratic, and prosperous friends has not yet materialized. While most previous analyses have found fault with inconsistent application of conditionality, this article locates the root of the problem with an the EU's institutional set-up. Starting from interviews and documentary analysis, it uses Armenia as a case study to demonstrate how competition within and between the European Parliament, the Council, and the Commission has led to internal, horizontal, and vertical inconsistencies that have seriously hampered the EU's capacity to promote reforms. If recent institutional reforms have been designed to address precisely these problems, sociological rational choice and historical institutionalism suggest that it remains to be seen to what extent these recent reforms and initiatives will be able to bring about a change substantial enough to make the EU more successful in its neighbourhood. g
Apples and oranges? Comparing Chinese and European Perspectives on the EU as a Security Actor
Authors: Stumbaum May-Britt U. 
Published: April 2022

This article aims to contribute to the research field of analyzing the external reception of European foreign policy by revealing differing meanings that European and Chinese analysts and policy-makers alike apply to key terms and concepts. These differences in meaning could present one factor that influences the diverging views of the EU's role between Chinese and European EU experts. Following the recalibration of the US foreign policy towards Asia-Pacific, also European pundits and policy-makers have been demanding a more active role in the region as well as engaging regional powers to joint efforts to cope with global challenges. Concurrently, the academic debate is becoming ever more intense. But how is the EU's role in security affairs in the Asia Pacific seen from the rising power of East Asia, China? Do assessments and analyses in Europe and China match each other? Or deviate significantly? The article aims to give an overview of the current state of debate on the EU as a security actor in general and specifically in the East Asian region in European and Chinese discourses and to identify factors that cause differences between both perspectives. It thereby takes three examples: a different meaning of key terms, deviations in approaches and deviations in the overarching theoretical framework for analysis. Depicting the differing meanings might provide a starting point for a research agenda on the factors and filters that influence norm diffusion from the EU to Asia within its foreign and security policy.
Migration, Mobility and the Challenge of Co-ownership Exploring European Union-Tunisia Post-Revolutionary Agenda
Authors: Zardo Federica 
Published: April 2022

Soon after the jasmine revolution and the fall of Ben Ali’s regime in 2011, the migration and mobility dossier immediately entered the cooperation agenda between the European Union (EU) and Tunisia and dominated bilateral negotiations. The signature of the Joint Declaration for a Mobility Partnership was an important breakthrough in EU-Tunisia cooperation, since after decades of stalemate, the agreement allegedly sealed a new mutual will to cooperate in a sensitive policy area. Despite its pivotal role in the ‘new turn’ in EU-Tunisia relations, and against the EU declared quest for strengthened co-ownership, this contribution argues that the first steps of the EU-Tunisia Privileged Partnership in the realm of migration tend to replicate rooted dynamics rather than breaking with the past. It is contented that the permanence of deep institutional embeddedness in times of volatile transition limited the leeway of the Tunisian government, confirm the asymmetric nature of the relationship and questions the possibility for future cooperation priorities to be truly co-owned.
The Role of Experts in the European Defence Agency: An Emerging Transgovernmental Network
Authors: Calcara Antonio 
Published: April 2022

The European Defence Agency (EDA), thanks to the adoption of a large number of strategic documents and its expertise in the formulation of collaborative projects, has become a crucial player in the European defence field. However, the role of the EDA and the everyday practices of the people that work in and collaborate with the Agency remain to be studied systematically. No empirical studies have been conducted to assess the EDA ‘hybrid’ way of working that includes European, governmental and non-governmental experts. The article argues that the EDA is at the core of an emerging transgovernmental network of European defence experts and professionals, that are able to share best practices, ‘know how’ and develop common norms of communication. This transgovernmental network of experts is generating a process of informal socialization among defence practitioners, it is shaping Member States’ defence planning in research and technology (R&T) activities and, in general, it is legitimizing the role of EDA in the broader EU institutional context.