bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Third United Nations Conference on the Law of the Sea
Authors: Føns Buhl Johannes 
Published: March 2022

The European Economic Community (EEC) has the competence, to the exclusion of its Member States, to conclude international agreements in important fields, such as fisheries, on which the draft convention on the Law of the Sea contains provisions. Contracting parties to the future Law of the Sea Convention will not be allowed to make reservations to the convention or participate in it on a partial basis. It follows therefrom that provisions must be envisaged which would allow the EEC to become a contracting party to the convention together with its Member States.
This article outlines the legal background for participation by the EEC in international agreements and indicates the main provisions of interest to the EEC in the draft convention prepared at U.N.C.L.O.S. III.
Expert evidence before the EC courts
Authors: Sibony Anne-Lise , de La Serre Eric Barbier 
Published: March 2022

The EC courts are regularly asked to rule on complex scientific and technical matters, as illustrated by cases concerning the foot–and–mouth crisis or conglomerate effects in merger control. In order to apprehend these technical issues, the EC courts may, like any other court, rely on experts who are appointed either by the courts themselves or by the parties. However, the law on the use of expert evidence by the EC courts is unclear on many aspects. The purpose of this article is therefore to set out briefly the law on expert evidence, to explore how the EC courts use it and to assess whether improvements are desirable.
Section 2 of this article describes how the EC courts use “neutral” expert evidence (i.e., evidence obtained through an expert’s report commissioned by the court). An analysis of the case law reveals a paradox: while the status of neutral expert evidence is clearly defined by the rules of procedure governing the EC courts, such evidence is rarely used in practice. Section 2 therefore also endeavours to explain why the use of neutral expert evidence remains exceptional. Section 3 focuses on how the EC courts use “partisan” expert evidence (i.e., expert evidence that is voluntarily submitted by the parties). It shows that partisan expert evidence is the mirror image of neutral expert evidence: while its procedural status is unclear, it is widely used before the EC courts. Finally, in Section 4, it is argued that this situation is not wholly satisfactory. It is submitted inter alia that there is no convincing justification for systematic self–restraint over technical issues. Some changes are therefore explored which could be contemplated in order to improve the use of expert evidence by the EC courts.
Coming of age? Children’s rights in the European Union
Authors: Drywood Eleanor , Stalford Helen 
Published: March 2022

Children’s rights issues have become an increasingly prominent aspect of EU law and policy making over the past decade. What has traditionally been characterized by scattered, ad hoc measures spanning a range of areas has more recently converged into a more direct, coherent and long term “Children’s Rights Strategy”. This culminated in the Commission’s 2006 Communication, “Towards an EU Strategy on the Rights of the Child”, which summarized the EU’s achievements in various areas of children’s rights to date, and sets out a series of short and long term goals to build on this success.
In an attempt to assess the value of this Strategy, this paper takes a detailed and critical look at the nature and scope of existing EU children’s rights provision. It questions the potential of the law to enhance children’s rights in any meaningful way in the face of limited legal competence, and points to currency of non–binding measures as a more effective way of mobilizing Member States to enhance children’s rights protection. In the process, the paper interrogates the ideological foundation of its children’s rights campaign and points to the need for additional procedural, budgetary and institutional changes to further this endeavour.
The Impact of the Definition of the Precautionary Principle in EU Food Law
Authors: Szajkowska Anna 
Published: March 2022

Abstract
Regulation 178/2002 contains a definition of the precautionary principle. This is the first time a legal definition of the principle has been formulated for all EU food law. This fact, however, has been given hardly any attention in literature. It is all the more surprising because the lack of clear formulation of this concept was the main reason for criticism and controversy surrounding the principle. In the absence of a definition, the precautionary principle was a general notion, similar to the principles of subsidiarity or proportionality. Its scope was determined by decision makers and ultimately shaped by tendencies in case law. After codification, existing policy orientations and earlier case law may in some aspects differ from the legal definition. This article characterizes the main constituents of the precautionary principle and the risk analysis methodology established in Regulation 178/2002 and discusses examples illustrating how different provisions of the Regulation narrow the scope of the principle. It focuses on issues critical to its application: emergency measures, the so-called other legitimate factors, the burden of proof, and pre-market approval schemes.
Mission accomplished? EU Justice and Home Affairs law after the Treaty of Lisbon
Authors: Peers Steve 
Published: March 2022

The legal framework regarding EU Justice and Home Affairs Law was changed fundamentally by the Treaty of Lisbon, so that the usual rules on decision-making, jurisdiction of the Court of Justice, legal instruments and legal effect are now largely applied to this area of law. The various issues falling within the scope of JHA law are now set out in Title V of Part Three of the Treaty on the Functioning of the European Union, which is divided into five chapters, beginning with general provisions, followed by chapters on immigration and asylum, civil law, criminal law and policing law. This paper examines the application of the new rules in practice, in particular the impact of extending QMV; the extended legislative powers of the European Parliament; the role of the Commission as compared to the Member States; and the role of national parliaments. It concludes that this area of EU law is now fully part of the mainstream, with the exception of the special opt-outs for three Member States. However, it now follows that some of the general problems of EU law apply to JHA legislation, and there are emergent problems ensuring that JHA legislation is applied in practice by Member States, in particular from the perspective of the ECHR.
From Airtours to Ryanair: Is the more economic approach to EU merger law really about more economics?
Authors: Witt Anne C. 
Published: March 2022

In 2002, the General Court famously annulled three merger prohibitions under the EC Merger Regulation because of serious errors of assessment. Amongst other things, it held that the Commission had ignored economic theory. Consequently, the Commission announced radical changes to its approach to ensure that future assessments would be based on rigorous economic and econometric analysis. This contribution examines the changes introduced by the Commission's "more economic approach" to EU merger review. An analysis of the Commission's merger guidelines and decisions reveals that the core of the new approach by no means lies in the use of econometric analyses and complex theories of microeconomics. Its essence rather lies in aligning the purpose of EU merger law with the consumer welfare aim of modern industrial economics. On the basis of this new legal objective, the Commission reinterpreted the substantive test of EU merger law as containing an unwritten consumer harm requirement and reconsidered the role of efficiency effects. The Commission's new concept of harm is not entirely compatible with the case law of the Court of Justice, which continues to adhere to its "less economic" concepts of the 1970s. Moreover, the Commission's attempts to reconcile the two worlds have resulted in theories of harm that are ambiguous and therefore detrimental to legal certainty.
Approximating a workable compromise on access to official documents: The 2011 developments in the European courts
Authors: Adamski Dariusz 
Published: March 2022

Despite the fact that the European Union has had specific rules on access to official documents for more than ten years now, their boundaries are still unclear as to why and when the institutions may refuse access. In many respects the lingering doubts have been elicited by the ECJ itself, as the Court often hesitates whether to pursue a restrictive interpretation of the exceptions or whether to protect discretionary powers of the institutions. This contribution describes how the most recent case law of the Luxembourg courts meanders between the two options. Furthermore, it critically analyses both the origins and the results of this process, by concentrating on paradoxes stemming from two radically different judicial approaches applied to the same area of law. Inconsistencies as to review standards in respect of access cases are all the more puzzling considering that decisions of the ECJ ignore - and often contradict - the fundamental freedom of expression, as protected by the European Convention on Human Rights. After analysing the issue, the author proposes modifications to the judicial approach of the ECJ. They are aimed at enhancing congruity with the Strasbourg jurisprudence and at improving the balance between diverging interests involved.
Optional law for firms and consumers: An economic analysis of opting into the Common European Sales Law
Authors: Gomez Fernando , Ganuza Juan José 
Published: March 2022

The European Commission has launched the Regulation Proposal on a Common European Sales Law as an optional instrument for European firms and consumers. Several critical opinions have been raised against the optional nature, characterizing it as an instrument for social dumping (i. e. lowering consumer protection standards, given that no set of rules with higher levels of protection would ever be chosen by firms), as depriving consumers of any meaningful choice, and emphasizing its futility. In this paper we present a simple model showing how these critiques present theoretical flaws, even if one does not rely on the efficiency gains that increasing cross border trade may bring in terms of having more efficient firms serving consumers in other national markets. The role of verification or compliance costs, and of the impact of legal diversity on firms' operating costs is crucial for understanding the effects of an optional instrument, and may make high levels of consumer protection, and consumer choice implementable. We also characterize how different levels of the standard may lead to complete replacement of national standards and to the joint use of European and national standards.
Regulatory techniques in consumer protection: A critique of European consumer contract law
Authors: Ben-Shahar Omri , Bar-Gill Oren 
Published: March 2022

This Article classifies the consumer protection techniques that European contract law employs into four categories: Mandatory arrangements; disclosure; regulation of entry to and exit from contract; and pro-buyer default rules and contract interpretation. It argues that these techniques are far less likely to succeed than advocates, including the European Commission, believe, and they may bring about unintended consequences and hurt consumers. The techniques and their limits are illustrated through a study of proposed Common European Sales Law (CESL). The Article argues that the ambitious pursuit of consumer protection goals is also likely to interfere with the other main goal of the European contract law: harmonizing the laws of member states, encouraging cross border trade, and improving consumer' access to markets.
State aid is falling down, falling down: An analysis of the case law on the notion of aid
Authors: Biondi Andrea 
Published: March 2022

The article looks at the definition of State aid, in the light of recent case law of the EU Courts. There are claims that this case law shows serious shortcomings, is too complex, and reveals a rift between the General Court and the ECJ. In particular the interpretation of the substantive elements forming the notion of aid such 'granted by the state or through state resources' and 'selectivity' is far from clear. The question arises whether State aid control is then possible at all, given the underlying political objectives. Despite some shortcomings the Courts are somehow still managing to maintain a formal approach, in order to meet predictability requirements and legal certainty and at the same allowing a certain degree of flexibility. The case law reaffirms that the interpretation of the notion of aid still aims to preserve free movement and fair competition between States, and to ensure that Member States comply with EU law in terms of transparent economic governance. The efforts by the Courts and the European Institutions, in particular the Commission, in developing consensual rules on policy may still be the best we have so far.
Europes copyright law decade: Recent case law of the European Court of Justice and policy perspectives
Authors: Leistner Matthias 
Published: March 2022

The article provides an overview of the most important developments in the field of EU copyright law in the period 2009-2013. It points to the active role the ECJ has taken in interpreting the EU copyright directives, in particular the Information Society Directive. The article discusses the ECJ's case law covering the condition for copyright protection, the exclusive economic exploitation rights, including a full treatment of the Used Soft case, exceptions to copyright and in particular the case law on fair compensation for private copying. It argues that the ECJ's case law is consistently rooted in the objectives of primary law, notwithstanding certain weaknesses in the interpretation of substantive copyright law in detail. A brief outline of the most important legislative activities since 2009 puts the Court's case law in the overall context of the development of EU copyright in the last 5 years
Reflection of Modern Society through Cyberpunk
Authors: Li Han 
Published: March 2022

“We live in a dystopian world. Filled with crime, corruption. And, poverty by mighty, power-hungry corporations and heartless, brutal governments.” The art book of the recent game Cyberpunk 2077 stated this as its basic world setting. Although the game gets a bad reputation due to its unpolished quality, it is fair to say Cyberpunk 2077 adds a few crucial pieces to the overall puzzle that is the cyberpunk world. In this paper I’ll analyze the aesthetic qualities and story settings of cyberpunk across media, contributing to the dialogue around the genre’s common theme of serving as a warning to the present society.
Bio-composite of nipa palm husk derived activated carbon/poly(butylene succinate): an effective agricultural waste based adsorbent for ammonia removal
Authors: PIYAMAWADEE Chaichana , SRICHAROENCHAIKUL Viboon , AHT-ONG Duangdao 
Published: March 2022

In this work, activated materials were successfully prepared by pyrolyzing various ratios of Nipa palm husk powder to potassium hydroxide (1:1, 1:2, and 1:3) at predetermined temperatures (500℃, 600℃, and 700℃). The surface area was obtained from nitrogen isotherms using the Brunauer-Emmett-Teller (BET) equation. The surface area of the prepared activated carbon was increased with decreasing potassium hydroxide impregnation ratio and increasing pyrolyzing temperature. The highest surface area was 1,211 m2×g-1. In contrast, acidic surface functional groups investigated by Boehm’s titration were increased with decreasing pyrolyzing temperature and impregnation ratio. Ammonia removal capacity was increased with an increase in the acidic surface functional groups on prepared activated carbon. Therefore, the activated sample with the highest acidic surface functional groups contents provided the greatest ammonia adsorption of around 95% (from 100 ppm to 5 ppm), implying that ammonia removal capacity was closely related to the acidic surface functional groups on the activated carbon. Adsorptive poly(butylene succinate) was carried out by incorporating activated carbon into the poly(butylene succinate) matrix for ammonia adsorption. This adsorption increased with increasing activated carbon content so that it was found that 12 wt% activated carbon provided the highest ammonia adsorption by reducing ammonia from 108 ppm to 26 ppm.
INFLUENCE OF THE SOUTHEAST ASIAN REGIONAL STOCK EXCHANGE ON THE INDONESIA STOCK EXCHANGE FOR THE PERIOD 2017-2018
Authors: Albertus Redy Herinanto 
Published: March 2022

This study aims to determine the effect of the South East Asia’s major stock exchanges on the Indonesia Stock Exchange from 2017 to 2018. The main stock exchanges used as independent variables are ^KLCI (Malaysia), ^STI (Singapore), ^SET (Thailand), and ^PSEI (Phillipines). The dependent variable used is ^JKSE (Jakarta Stock Exchange, Indonesia). There are 478 data sets that can be processed, which have been synchronized. By using multiple regression analysis, the results obtained: ^KLCI has a negative and insignificant effect on ^JKSE, ^STI has a negative and insignificant effect on ^JKSE, ^SET has a positive and significant effect on ^JKSE, and ^KLCI, ^STI, ^SET, ^PSEI simultaneously has a significant effect on ^JKSE in the period 2017 to 2018.
Nas ondas do rádio: possibilidades de uma educação menor no contexto escolar obrigatório
Authors: Vargas Andressa Silveira , Da Costa Pereira de Menezes Eliana 
Published: March 2022

O presente artigo apresenta uma análise de práticas pedagógicas produzidas a partir de um Projeto de Educomunicação com turmas dos Anos Iniciais do Ensino Fundamental. Como objetivo compreender como se dá a gestão de práticas que transcendem o espaço da sala de aula e que efeitos produzem na constituição dos sujeitos enquanto estudantes. A partir de uma análise qualitativa de narrativas produzidas por estudantes, apoiada nos conceitos de educação menor (GALLO 2002), experiência (LARROSA 2015), emancipação intelectual (RANCIÈRE 2007) e democracia (MASSCHELEIN e SIMONS, 2014), entre outros, foi possível verificar que o Projeto de Educomunicação, constituído via agenciamento coletivo entre estudantes e professores, viabilizou a invenção de um novo espaço/tempo no instituído, possibilitando que formas outras de ser e estar na escola fossem concebidas.
Two-point discrimination assessment of the upper extremities of healthy young Turkish individuals
Authors: Erçalık Cem , Özkurt Seçil 
Published: March 2022

Objectives: This study aims to measure the two-point discrimination (TPD) values of the upper extremities of healthy young Turkish individuals.
Patients and methods: Between March 2016 and June 2016, a total of 60 healthy students (31 males, 29 females; mean age: 22.0±1.7 years; range, 19 to 27 years) were included. Eleven grand upper limb parts which take innervation from the brachial plexus were measured with an esthesiometer.
Results: The values at the dominant sides were statistically significantly greater than the non-dominant sides at those areas: upper lateral arm (p=0.001), lower lateral arm (p=0.001), mid-posterior arm (p=0.001), mid-lateral forearm (p=0.001), mid-posterior forearm (p=0.012), skin over the first dorsal interossei muscle (p=0.031), and palmar surface of distal phalanx of the thumb (p=0.045). Both dominant and non-dominant lower lateral arm TPD measurement results increased in males compared to females, indicating a statistically significant difference (p=0.005 and p=0.011, respectively). Also, dominant and non-dominant mid-posterior arm measurement scores were found to statistically significantly increase in males compared to females (p=0.019 and p=0.040, respectively).
Conclusion: Our study results show that laterality, with lower values on the non-dominant side, but not the sex, has an effect on TPD. The findings of this study may be useful in establishing the normative data for TPD in the upper extremity parts of healthy young Turkish individuals.
Psychosocial problems and cognitive functions in children with spina bifida
Authors: Bıkmazer Alperen , Giray Esra , Rodopman Arman Ayşe , Gökçe İbrahim , Karadağ Saygı Evrim 
Published: March 2022

Objectives: This study aims to assess psychosocial functioning in relation to lesion level and ambulatory status in children with spina bifida (SB) and compare them to their peers.
Patients and methods: Between March 2013 and May 2013, a total of 31 patients with SB (11 males, 20 females; mean age: 9.4 years; range, 6 to 14.7 years) and 36 typically developing peers (16 males, 20 females; mean age: 9.8 years; range, 6.5 to 14.8 years) were included in the study. All participants were assessed using a semi-structured psychiatric diagnostic interview via the Kiddie Schedule for Affective Disorders and Schizophrenia Present and Lifetime Version (K-SADS-PL), Wechsler Intelligence Scale for Children-Revised (WISC-R), Behavioral Rating Inventory of Executive Functions (BRIEF) parent form, Social Responsiveness Scale (SRS), and Aberrant Behavior Checklist (ABC).
Results: In the SB group, the rate of psychiatric disorders was significantly higher (p=0.001) and the SRS scores and the planning and organizational components of the executive function were higher than their peers (p=0.02 and p=0.007, respectively). The psychiatric diagnosis rate, BRIEF, and SRS total scores did not significantly differ according to lesion level and ambulatory status. The BRIEF initiate and organization of materials subtest scores and ABC scores were significantly lower at high lesion levels (p=0.02, p=0.02, and p=0.02, respectively) and non-community walkers (p=0.002, p=0.03, and p=0.003, respectively).
Conclusion: Psychiatric disorders, impairment in social responsiveness, and planning and organization components of the executive function are prevalent in children with SB with no intellectual disabilities, compared to their peers. Therefore, psychosocial counseling and multidisciplinary follow-up for SB patients seem to be beneficial.
The levels of 25-hydroxy vitamin D, parathyroid hormone, calcitonin and lipid profiles in patients with calcaneal spur
Authors: Adanaş Cihan , Özkan Sezai , Hakan Alp Hamit 
Published: March 2022

Objectives: The aim of this study was to investigate the 25-hydroxyvitamin D (25(OH)D), parathyroid hormone (PTH), and calcitonin levels and lipid profiles in patients with calcaneal spurs.Patients and methods: Between March 2018 and June 2019, a total of 50 patients (30 males, 20 females; mean age: 39.8±8.1 years; range, 24 to 54 years) admitted to our clinic with heel pain and diagnosed with heel spurs based on radiographic images were included. The control group consisted of 50 age- and sex-matched healthy volunteers (32 males, 18 females; mean age: 35.7±9.6 years; range, 20 to 56 years). Blood samples were collected from all participants. Total cholesterol, high-density lipoprotein cholesterol (HDL-C), low-density lipoprotein cholesterol (LDL-C), triglyceride, phosphate, and calcium levels were measured using the colorimetric method. The PTH and 25(OH)D levels were measured using the chemiluminescent microparticle immunoassay. Calcitonin levels were detected using the chemiluminescent immunometric assay.Results: In the patients with calcaneal spurs, 25(OH)D and HDL-C levels were significantly lower (p<0.001), while LDL-C, triglyceride, and PTH levels were significantly higher (p<0.05, p<0.002 and p<0.001, respectively). There was no significant difference in the calcium, phosphate, body mass index, and calcitonin levels between the groups.Conclusion: Our study results suggest that calcaneal spur formation is associated not only with weight-related pressure, but also with lipid levels and hormonal alterations involved in calcium metabolism. Based on these findings, hormonal alterations and lipids should be considered in patients with calcaneal spurs.