bluuebunny/crossref_metadata_2025_split huggingface dataset:
Exceptions from Liability under the Hague, Hague-Visby, and Rotterdam Rules
Authors: Girvin Stephen 
Published: May 2022

Abstract
This chapter evaluates the exceptions from liability under the Hague, Hague-Visby, and Rotterdam Rules. While the Hague and Hague-Visby Rules impose on the carrier the obligations in article III, rule 1, in return the carrier may rely on the provisions of article IV, such as article IV, rule 2, and various cognate provisions, such as article IV, rule 5 (limitation of liability). The catalogue of exceptions from liability may be surrendered in part but may not be added to. As a matter of interpretation, the correct approach ‘is to construe the exceptions in their own terms, while bearing in mind that they fall under a general heading and have to be construed as part of the overall scheme of obligations, liabilities and exceptions’. Meanwhile, article 17.3 of the Rotterdam Rules provides that: ‘The carrier is also relieved of all or part of its liability pursuant to paragraph 1 of this article if, alternatively to proving the absence of fault as provided in paragraph 2 of this article’, it proves that one or more of the listed events or circumstances caused or contributed to the loss, damage, or delay. The chapter then considers the protection of servants or agents of the carrier.
Limitation of Liability
Authors: Girvin Stephen 
Published: May 2022

Abstract
This chapter focuses on the limitation of liability under the Hague, Hague-Visby, and Rotterdam Rules. One of the distinctive features of the maritime domain is limitation of liability. As the shipowner might limit its liability to amounts that are derisory, such limits and the terms on which limitation is offered are prescribed by international conventions, including the Hague, Hague-Visby, Hamburg, and Rotterdam Rules. Additionally, limitation is available under maritime oil pollution conventions, and under two general (or tonnage) limitation conventions, the 1957 Limitation Convention, and the Convention on Limitation and Liability for Maritime Claims 1976 (LLMC 1976) and the Protocol to the latter, the LLMC 1996. In modern law, therefore, ‘the limitation of a shipowner’s liability is the creature of statutes’. The limits of liability under the carriage of goods conventions are concerned with ‘package’ limitation, which is restricted to individual and separate claims made under a contract of carriage.
Voyage Charterparties
Authors: Girvin Stephen 
Published: May 2022

Abstract
This chapter describes voyage charterparties. A charterparty is usually embodied in a written contract but this need not be signed. Negotiations may be concluded by correspondence even where the intended shipowner and charterer intend to embody their contract in a formal charterparty. Whether or not there is a binding contract is subject to the usual contractual rules as to formation. Whether and when the parties are ad idem and intend to be contractually bound is determined by examining the intentions of the parties and reflected in their negotiations, whether wholly or partly in writing, orally, or by conduct. Negotiations leading to a concluded agreement are today conducted by telephone, by e-mail, and instant messaging exchanges. The chapter then looks at the use of printed standard form charterparties.
Laytime and Demurrage
Authors: Girvin Stephen 
Published: May 2022

Abstract
This chapter explores laytime and demurrage, which is a fundamental aspect of the law relating to voyage charterparties. The period of time available for the loading and unloading of cargo is known as the laydays. The laydays are free of charge to the charterer who is usually regarded as having paid for this time in the freight. If the laydays are exceeded, the charterer has to pay compensation to the shipowner either in the form of agreed damages (demurrage) or liquidated damages (damages for detention). There are essentially two competing interests, those of the charterer and those of the shipowner. The former will wish to secure an adequate number of laydays to cover any unexpected contingencies which may arise during the process of loading or discharge of the cargo, while the latter would wish to have his ship available for sailing elsewhere in pursuance of further employment.
Damages
Authors: Girvin Stephen 
Published: May 2022

Abstract
This chapter reviews the law relating to damages, which is the subject of several treatises and textbooks. It looks at the basic principles before analysing some specific aspects of damages in the carriage of goods by sea. In general terms, the innocent party almost always resorts to a remedy sounding in damages, often because this is the only remedy available. It is possible to recover for losses in the tort of negligence, subject to fulfilling the usual criteria. The chapter then considers damages for not presenting bills of lading; damages under international conventions; damages for failure to load cargo; damages for failure to carry cargo; damages for delay; damages for non-delivery of cargo; deadfreight; and damages under a time charterparty.
Employment in National Law
Authors: Merrett Louise 
Published: May 2022

Abstract
This chapter discusses employment in national law. The starting point in England and other European countries remains a distinction between contracts of service and contracts for services, or to put it another way, between employment and self-employment. There is no single test for determining employee status in English law and the position is in many respects uncertain. The courts apply a multi-factor test, considering elements of personal subordination and also that the parties mutually agree that the employee will work and will be provided with work in the future. The courts will also consider the economic reality and the extent to which the employee can be said to be in business on his own account. However, employment rights are now increasingly given to a wider category of workers who are not employees under the strict traditional definition, but conversely are not genuinely self-employed in the sense of operating in a business-to-business context. These include casual workers, zero hours and gig economy workers, self-employed tradesmen and service providers, and agency workers. The chapter then looks at the meaning of employment in other European jurisdictions.
National Jurisdiction Rules in Employment Cases
Authors: Merrett Louise 
Published: May 2022

Abstract
This chapter focuses on the role of national jurisdiction rules in employment cases. Following the UK's departure from the EU, the European jurisdiction rules which previously governed international jurisdiction in European cases no longer apply. Jurisdiction in all cases is now determined by national rules. The doctrine of forum conveniens plays a crucial role in common law jurisdictions. By contrast to the rigid rules which apply under the Brussels I Regulation, the adjudicatory discretion given to courts at common law allows them to ensure that each case is heard in the most appropriate forum. In employment cases, that forum is usually where the work is carried out. It has been suggested that stays on grounds of forum conveniens should not be possible in the case of statutory employment claims in employment tribunals. However, there is clearly jurisdiction to order such a stay, and, provided there is a remedy available in another more appropriate forum, there is no reason why proceedings should not take place in that forum.
Choice of Law
Authors: Merrett Louise 
Published: May 2022

Abstract
This chapter assesses the choice of law rules which apply to employment contracts. At common law, if the parties had not themselves chosen a law, the applicable law was that of the country with the closest and most real connection to the contract of employment. The common law rules were replaced, first, by the Rome Convention, which itself was replaced by the Rome I Regulation and which in turn has now become part of retained EU law following the UK's exit from the EU. The choice of law rules applicable to employment contracts are now contained in specific provisions of the Rome I Regulation. Absent an express or implied choice of law, employment contracts will usually be governed by the law of the place where the employee habitually works. However, that law can be displaced if the contract is more closely connected with another jurisdiction. The question of what weight should be given to the presumption, and the proper approach to be taken to displacing it, raises difficult and fundamental issues. In particular, it raises the question of whether the underlying purpose behind the employment rules can and should be reflected in the balancing exercise. The chapter then looks at choice of law in non-contractual claims.
Looking for New Lenses
Authors: Di Noia Carmine , Filippa Luca 
Published: May 2022

Abstract
This chapter traces the evolution of financial market infrastructures (FMIs) mainly exchanges, central counterparties, and central securities depositories in the last 30 years. Technological innovation and the structural reforms that supported cross-border trade supported the global expansion of FMIs over the past decades. The FMIs landscape went through substantial changes not just in their business models but also in ownership structures. While exchanges, central counterparties, and central securities depositories, for a long time, used to be either public entities or mutual enterprises, they have since been transformed into for-profit companies, in many cases listed on stock exchanges. What used to be a monopolistic market structure has become a highly competitive, globalized market, where one provider's services easily can be substituted by alternatives in a large variety of marketplaces. In addition to providing indirect services to financial intermediaries, FMIs increasingly have come to offer and distribute services directly to wholesale and even retail investors, thereby reducing transaction costs and enhancing efficiency. All of this has a dramatic impact on regulation and supervision: the traditional micro-prudential and investor protection issues are now more and more intertwined with macro-stability and antitrust issues which may lead to some reshape in the institutional architecture, especially in the framework of Capital Markets Union in the European Union.
A Systemic Assessment of the Financial Market Infrastructures Landscape
Authors: Papathanassiou Chryssa 
Published: May 2022

Abstract
This chapter assesses the systemic relevance of financial market infrastructure (FMI) groups. It takes a closer look at the different organisational models of FMI groups and the resulting risks, and examines how these risks have been addressed in recent international standards and legislation within the US and the EU. International standard-setting bodies, such as the Committee on Payments and Market Infrastructures (CPMI) in cooperation with the International Organization of Securities Commissions (IOSCO), have long acknowledged the importance of FMIs as being at the 'core' of the global financial system. While a number of large and interconnected financial firms have failed in a spectacular manner during the recent financial crisis, no central counterparty (CCP) or any other systemically important FMI has failed despite the significant stress experienced. Following calls by the G-20 after the financial crisis, trade repositories (TRs) and CCPs have extended their services to the over-the-counter (OTC) derivatives market providing powerful risk mitigation. The chapter then turns to the treatment of FMI operators with a banking licence and their treatment in the European regulatory framework for credit institutions. Risk-sensitivity and proportionality of regulatory requirements are identified as key challenges for the application of bank capital and organisational requirements to providers of FMI.
Blockchain and the Future of Financial Market Infrastructures
Authors: Veil Rüdiger 
Published: May 2022

Abstract
This chapter analyses new regulatory challenges posed by new forms of the digitization of financial instruments, on the basis of blockchain and distributed ledger technology (DLT). While real-world examples for the problems posed by these new technologies continue to be rare, the chapter discusses the various forms for the digitization of financial instruments and transactions currently available. Against this backdrop, it illustrates the difficulties to adequately address the new phenomena within the existing regulatory frameworks. In many jurisdictions, traditional concepts of securities law do not (yet) provide for digitized instruments, while European financial markets regulation, depending on the design of individual trading platforms and transactions, already facilitates the establishment of new platforms trading in such instruments. However, the decentralized nature of blockchain-based financial instruments and trading transactions clearly comes with substantial challenges for residual regulatory strategies, which rely on the regulation of market operators as guardians for the preservation of market stability and investor protection. Similar problems are identified with regard to the providers of securities settlement systems.
Alternative Trading Venues in the EU
Authors: Busch Danny , Gulyás Han 
Published: May 2022

Abstract
This chapter looks at the market environment and regulatory framework applicable to trading platforms in the European Union (EU). It begins by introducing the relevant categories established in EU law. These include regulated markets (RMs), multilateral trading facilities (MTFs), systematic internalisers (SIs) and organised trading facilities for non-equity financial instruments (OTFs). While MTFs, the operation of which qualifies as the provision of an investment service under European law, share many characteristics of traditional exchanges (RMs), the new category of OTFs has only been introduced by the securities laws reforms introduced by the second Markets in Financial Instruments Directive (MiFID II) of 2014, and shares only some of the traditional features of regulated markets and MTFs. By contrast, SIs—the internalisation of trading activities with different parties by a financial intermediary—are not formally regulated as ‘trading venues’, although SIs also fulfil at least some of the economic functions of RMs, MTFs and in particular OTFs.
Securities and Derivatives Central Counterparties in the United States
Authors: Saguato Paolo 
Published: May 2022

Abstract
This chapter offers the US perspective on securities and derivatives central counterparties (CCPs) and focuses on the macro-prudential and financial stability role bestowed on CCPs by post-crisis policymakers. It unpacks the peculiar economic and governance dynamics of clearinghouses and their delicate incentives structure and focuses on the regulatory framework built by post-crisis policymakers. Interestingly, in the United States, the market and regulatory structure of securities and derivatives CCPs substantially differentiate, with securities CCPs organized as subsidiaries of a stand-alone member-owned firm, and derivatives CCPs being vertically integrated in investor-owned for-profit financial groups. The chapter looks into the two different market structures and ownership models of securities and derivatives clearinghouses and draws comparative analyses of the US and EU approaches to the regulation of clearing markets and CCPs. US derivatives investor-owned CCPs, as their EU peers, present unique agency costs between clearinghouses' members and shareholders, where the members are the final risk bearers of the business but without control rights, and the shareholders retain control rights, but with limited skin in the game. The chapter concludes with some policy considerations on how to strengthen CCPs resilience and how to more effectively mitigate the agency costs that spills from the members-shareholder divide.
Transatlantic Crossings
Authors: Haentjens Matthias 
Published: May 2022

Abstract
This chapter focuses on EU–US cross-border financial market infrastructures (FMIs) and the laws and regulations that govern transatlantic (i.e. cross-border) securities and derivatives transactions. It argues that the overlap of administrative law and private law in the laws and regulations of cross-border securities and derivatives increase the complexity and underlying risk of such transactions. The chapter focuses on two sets of rules that apply to securities and derivatives contracts: (1) the rules that govern the insolvency of an intermediary and investor protection; and (2) the rules for the provision of collateral. It also discusses how the complexity and diversity of conflict of laws regimes, and the diversity in substantive laws for intermediated securities, might undermine the stability of the markets. To do so, the chapter analyses the EU and US regimes for the holding of intermediated securities, the private international law provision in place to reduce jurisdictional frictions, and regulatory discontinuities between the EU and the US.
Data Reporting in the United States
Authors: Berner Richard B , Doyle Robin , Lamar Kenneth 
Published: May 2022

Abstract
This chapter describes the past and present regulatory reporting landscape for US swap data and financial market infrastructures (FMIs). It argues that standards are essential to ensure that both the data and the technology supporting the reporting process are fit for purpose and are dynamic enough that changing data needs are available quickly in times of stress. Moreover, US regulators must accelerate their work to harmonize US reporting requirements at home and work with those abroad to align them globally. The chapter builds on the lessons learned from current swap and FMI data reporting regimes to inform the rethinking of financial reporting generally and the process of financial regulation to make them more effective and efficient. To realize those goals, regulators and industry must learn to rely on data rather than reports and must collaborate to align their use of these data and standardize them to make them interoperable.
Ethnic and socioeconomic disparities in survival of children and adolescents with CNS tumors in Southern Israel
Authors: Abu-Quider Abed , Asleh Mahdi 
Published: May 2022

Abstract

Background
This study sought to evaluate survival of pediatric and adolescent patients with central nervous system (CNS) cancer in southern Israel, outline disparities between ethnic and socioeconomic groups (Bedouin Arabs compared to Jews) and evaluate the role of socioeconomic status (SES) in ethnic disparities.

Methods
A retrospective study was conducted among 91 patients aged one to 20 years, who were diagnosed with CNS tumors between 2001 and 2017, and followed-up through 2020. Ethnic differences in survival were measured by age, sex, stage, histology and SES. One and 3-year survival rates were calculated. Multivariable regression analysis was used to estimate adjusted ethnic differences in survival rates.

Results
Ethnic differences in survival existed within all studied variables. All Bedouin patients lived in low SES settlements (All Bedouin settlement in Southern Israel are ranked in lower socioeconomic deciles). Twenty-eight patients had medulloblastoma. Seven (25%) presented with leptomeningeal disease or distant metastases. Medulloblastoma molecular subgroups were not assessed for logistic reasons. Three-year overall survival of Bedouins was 50% compared to 92.3% for Jews. Adjusted risk of death at 3 years was significantly higher for Bedouin patients (aHR 3.36, 95% CI 1.41–7.98, P = .006).

Conclusions
We conclude that Bedouin children with CNS tumors have significantly lower survival rates compared to Jewish children, and SES seems to play a major part in these disparities. Factors influencing these disparities should be addressed and public health interventions to eliminate these disparities should be developed.
The Impact of Current Tobacco Product Use Definitions on Estimates of Transitions Between Cigarette and ENDS Use
Authors: Brouwer Andrew F , Levy David T , Jeon Jihyoun , Jimenez-Mendoza Evelyn , Sanchez-Romero Luz María , Mistry Ritesh , Meza Rafael 
Published: May 2022

Abstract

Introduction
Definitions of current tobacco and nicotine delivery product use vary and depend on frequency of use, established-use criteria, and the product type. Previous research has not considered how transition rates between current use of different products depend on the current use definition.

Aims and Methods
We applied a multistate transition model to data on U.S. adults from waves 1–4 (2013–2017) of the Population Assessment of Tobacco and Health (PATH) study. We estimated transition rates between never, non-current, cigarette, electronic nicotine delivery systems (ENDS), and dual use states with and without established-use criteria (has smoked 100+ cigarettes in their lifetime; ever fairly regularly used ENDS) and different frequency thresholds (1+, 10+, 20+, and 30 days of the past 30 days). We considered use below a frequency threshold as either non-current use or a distinct, infrequent use category.

Results
When treating use below a frequency threshold as non-current use, transition probability estimates were largely robust to the choice of use frequency threshold, although sole ENDS users were more likely to transition to non-current use or dual use as the current use threshold increased. Removing the established-use criterion for ENDS reduced the estimates of sole ENDS and dual users staying in their use state. When treating infrequent use as a separate category, transition probability estimates were dependent on the use frequency threshold, particularly transitions among the dual use states.

Conclusions
Product use definitions have important implications for assessing product use transitions and thus the public health implications of cigarette and ENDS control strategies.

Implications
How we define “current use” of tobacco and nicotine delivery products changes our estimates of how individuals transition to, between, and from different patterns of use. We show that the robustness of transition estimates to whether or not non-established users are included as current users and to different frequency-of-use threshold depends in part on whether low-frequency users are categorized as non-current users or as a distinct category. Our results emphasize the importance of intentional definitions of product use that reflect the larger goals of public health and tobacco control.
Seed Dormancy and Longevity: A Mutual Dependence or a Trade-Off?
Authors: Rehmani Muhammad Saad , Aziz Usman , Xian BaoShan , Shu Kai 
Published: May 2022

Abstract
Seed dormancy is an important agronomic trait in cereals and leguminous crops as low levels of seed dormancy during harvest season, coupled with high humidity, can cause preharvest sprouting. Seed longevity is another critical trait for commercial crop propagation and production, directly influencing seed germination and early seedling establishment. Both traits are precisely regulated by the integration of genetic and environmental cues. Despite the significance of these two traits in crop production, the relationship between them at the molecular level is still elusive, even with contradictory conclusions being reported. Some studies have proposed a positive correlation between seed dormancy and longevity in association with differences in seed coat permeability or seed reserve accumulation, whereas an increasing number of studies have highlighted a negative relationship, largely with respect to phytohormone-dependent pathways. In this review paper, we try to provide some insights into the interactions between regulatory mechanisms of genetic and environmental cues, which result in positive or negative relationships between seed dormancy and longevity. Finally, we conclude that further dissection of the molecular mechanism responsible for this apparently contradictory relationship between them is needed.