Reparation Of Injury Research Articles

Implementation of the Implied Powers Doctrine by the UN International Court of Justice

The article provides for an overview and analysis of the UN ICJ’s practice on implementation of the implied powers doctrine. Main Court’s cases (judgments and advisory opinions) related to this doctrine were examined (Reparation for Injuries Suffered in the Service of the UN (1949), Effect of Awards of Compensation made by the UN Administrative Tribunal (1954), Certain Expenses of the UN (1962), Legality of the Use by a State of Nuclear Weapons in Armed Conflict (1996), and Fisheries Jurisdiction (1998)).
 It is noted that the implied powers doctrine became an implementation of the principle of efficiency, which is well known in international judicial practice as the principle interpretatio fiеnda est ut res magis valeat quam pereat. It allows to interpret the charters of international organizations in a more ‘dynamic manner’. The implied powers doctrine, on the one hand, expands the limits of such interpretation, and on the other hand, it limits it. Its antipode is the doctrine of inherent powers that allows to make more broadly interpretation of the charters of international organization based only on its goals. In this connection a comparative analysis of two competing doctrines – of implied powers and inherent powers – is made.
 The author of the article examined the legal positions of the International Court of Justice that allow to the supporters of the inherent powers doctrine to assert that it has wide application. But, based on the methods of interpretation used by the ICJ in making these judgments and advisory opinions, he come to the conclusion that the Court fully supports exactly the implied powers doctrine.

Bio-Orthogonal Bacterial Reactor for Remission of Heavy Metal Poisoning and ROS Elimination.

Multitudinous industrial products in daily life put human health at risk of heavy metal exposure, and natural bacteria have displayed superior performance in bioadsorption and biodegradation of heavy metal. In this study, a bacteria‐based bioreactor is developed to precisely bioadsorb lead (Pb) ions, eliminate concomitant reactive oxygen species (ROS), and remit the injury of acute/chronic Pb poisoning. A nonpathogenic bacteria Escherichia coli MG1655 (Bac) is decorated with antioxidative cerium oxide nanoparticles (Ceria) on the surface through a bio‐orthogonal reaction, and the complex bioreactor could spontaneously aggregate in organs with high concentration of Pb. Furthermore, the excess Pb is bioadsorbed by bacteria and the concomitant ROS is eliminated by Ceria nanoparticles. In vitro and in vivo studies demonstrate that this integral biotic/abiotic hybrid bioreactor successfully realizes detoxication of Pb and reparation of injury, also accompanied with inappreciable side effects.

The Reparation for Injuries Case Revisited A Testament to Functionality

The advisory opinion given by the International Court of Justice (the Court) on the Reparation for Injuries suffered in the Service of the United Nations (the Reparation case) is regarded as a milestone in international law for the development of international legal personality and capacity of international organizations. Additionally, it is illustrative of a shift of the Westphalian idea of states to an era where international organizations (and other entities) play a distinct role in international law. A brief analysis of selected elements in the reasoning of the Court will firstly demonstrate that the subject of international legal personality of international organizations remains obscure. Secondly, the translation of legal personality into capacity to act on the international legal plane is of a fluid nature. Finally, the Court recognizes the adaptation of international law to the needs of the international community through opening up the spectrum of actors, testament to a changing legal order focused on functionality in practice.

Residents' journal review

Residents' journal review

Targeting Compliance: Prospective Remedies in International Law

This article examines remedies awarded by international courts and tribunals with the aim of inducing substantive compliance rather than providing reparation for injury. Authors and courts have traditionally assumed that compliance is a matter for states and political bodies rather than adjudicators. Within the field of international trade law, however, a set of ‘prospective’ remedies has emerged, designed to create incentives for future compliance rather than to determine reparation for past injury. Prospective remedies, including control over compliance and authorizations for retaliation, have sometimes been considered to be unique to the General Agreement on Tariffs and Trade/World Trade Organization (WTO) system, and responsible for its ‘teeth’. On closer examination, however, there is little that is unique about the jurisdiction exercised by WTO adjudicators at the implementation stage. International courts may make, and have sometimes made, determinations with a prospective character, ensuring continued judicial oversight over disputes and providing prevailing parties with the option of adjudication as a means to press for compliance.

Dynamics of DNA synthesis disturbance and recovery after fractionated irradiation of S phase cells.

Using the autoradiographic method we studied the kinetics of DNA synthesis during themitotic cycle of mouse corneal epithelial cells after γ-irradiation in a dose of 2 Gy at different S-phase points. Normally, S phase in corneal epitheliocytes includes S1 and S2 phases separated by an interval during which DNA is not synthesized. Double exposure modifies the pattern of DNA synthesis in the cell due to reparation of injuries. The reparative processes in the cell are realized during the interval between the S1 and S2 phases and at the expense of g1 period of the mitotic cycle. If the cell has no time for reparation, the injuries are transferred into the class of "latent" injuries.

Comparative Analysis of the Kinetics of DNA Synthesis after Exposure during Different Phases of the Cell Cycle S Period

The kinetics of DNA synthesis in the mitotic cycle of mouse corneal epithelial cells was studied after a single γ-irradiation of cells in a dose of 4 Gy at different S-phase points. Normally, corneal epitheliocyte S phase consists of S1 and S2 phases separated by an interval during which no DNA is synthesized. The duration of each phase was lengthened after single irradiation due to reparation of injuries in the cells at the expense of the time normally occupied by g1 period of the mitotic cycle. The first event during reparation is excision of damaged complex from the DNA molecule; this complex consists of labeled daughter fragment and matrix site of DNA chain that was used for the synthesis of the daughter fragment. Presumably, the entire reparation process in the cell consists of two stages: "reparative" synthesis and "additional" synthesis. The reparative synthesis, in turn, includes two stages: de novo synthesis of matrix fragment in the DNA chain at the site of the gap formation and de novo synthesis of the daughter fragment after the synthesis of the new matrix fragment is over.

Constitutionalization and the Unity of the Law of International Responsibility

The law of international responsibility fulfills essentially two functions: reparation for injury and protection of the rule of law and global order. Notwithstanding the fundamental difference between these objectives, the law of international responsibility traditionally has been conceived in unitary norms consisting of a single set of principles that applies to all breaches of rules of international law. With the further development of international law that unity becomes difficult to maintain. On the one hand, there is an increasing need for a further refinement of liability principles for the determination of compensation for injury. On the other hand, the process of constitutionalization of international law poses entirely different accountability requirements to which the law of international responsibility should contribute. Maintaining unity may lead to inconsistencies and hinder the refinement of the law of international responsibility that is necessary to deal with the various types of responsibility and accountability issues of modern international law, thereby marginalizing the law of responsibility.

Three-dimensional Gelatin and Gelatin/Hyaluronan Hydrogel Structures for Traumatic Brain Injury

Brain tissue engineering has now emerged as one of the most promising treatments for the traumatic brain injury. In this article, two groups of three-dimensional (3D) hydrogel structures composed of gelatin and gelatin/hyaluronan have been formed using our 3D cell assembly technique for in vivo study in rats, in order to investigate their effects in reparation of injury in the central nervous system (CNS). The structures were implanted into cortical defects created in rat brains, and their abilities to improve the brain tissue reconstruction were then evaluated. After 4, 8, 10, and 13 weeks of implantation, sections of brains were processed with NISSL staining for observing the immigration of host neural cells into the implanted materials and the degradation property of the materials. The results showed that simplex gelatin and gelatin/hyaluronan (20:1) with 3D structures both have good biocompatibility with brain tissue while gelatin/hyaluronan has a better contiguity with the surrounding tissue. Through our primary study, it seems that 3D gelatin/hyaluronan structures may be useful in brain tissue repair.

The repair of brain lesion by implantation of hyaluronic acid hydrogels modified with laminin

The hyaluronic acid (HA) hydrogels modified with laminin were used for implantation in rat brain in present study, in order to investigate its effects in reparation of injury in the CNS. Cross-linked HA hydrogels were synthesized and their characteristics were analyzed. Laminin, an extracellular matrix protein, which participates in neuronal development and survival, was immobilized on the backbone of the hydrogels. Hydrogels unmodified and modified with laminin were implanted into cortical defects mechanically created in rats and their ability to improve tissue reconstruction was then evaluated. After 6 and 12 weeks of implantation, sections of brains were processed with Nissl and Glees staining for revealing neural cell bodies and fibers, with DAB histochemistry for detecting the blood vessels, as well as with immunocytochemistry for recognizing GFAP. The sections were also taken to SEM and TEM for ultrastructral examination. The results showed that the HA hydrogels synthesized had mechanical properties and rheological behavior similar to the brain tissue. After being implanted into the lesion of the cortex, the porous hydrogels created a scaffold, which could support cell infiltration and angiogenesis, and simultaneously inhibit the formation of glial scar. In addition, HA hydrogels modified with laminin could promote neurite extension. It seems possible that the tissue engineering technique may pave the way to repair injury in the CNS as suggested by the results in present study.

The International Legal Personality of the EEC and its Treaty-Making Power

The second half of the twentieth century is witnessing a tremendous development of the concept of international organizations as “subjects” of international law. These “subjects” are endowed with international legal personality and with powers—express or implied—to achieve their declared objectives.The corner-stone to this new edifice was erected as long ago as 1949 by the International Court of Justice in its Advisory Opinion on Reparation for Injuries Suffered in the Service of the United Nations. The Court examined the purposes and principles set out in the Charter of the U.N. and concluded that the Organization is an international person.… [I]t is a subject of international law and capable of possessing international rights and duties, and… it has capacity to maintain its rights by bringing international claims.… . Under international law, the Organization must be deemed to have those powers which, though not expressly provided in the Charter, are conferred upon it by necessary implication as being essential to the performance of its duties.

Reparation for Injuries Suffered in the Service of the United Nations.

United Nations — Legal Nature of — Competence to bring an International Claim — In General — Subjects of International Law — In General — Right of United Nations to Claim Reparation for Damage Caused to its Officials — Extent of Reparation Due — Rule as to Nationality of Claims — Protection of Officials of the United Nations and Effectiveness of the Charter — Right of United Nations to Bring an International Claim against Non-Member States — Concurrence of Protection by the United Nations and the National State.

4. Resolution of the General Assembly on Reparation for Injuries Incurred in the Service of the United Nations, December 1, 1949.

The General Assembly,Considering its request to the International Court of Justice for an advisory opinion, formulated in resolution 258 (III) of 3 December 1948 concerning reparation for injuries incurred in the service of the United Nations,Having regard to the advisory opinion rendered by the International Court of Justice on 11 April 1949.Considering that it is highly desirable that reparation be secured for injuries incurred in the service of the United Nations,Considering that the Secretary-General has submitted in his report of 23 August 1949 (A/955) a number of proposals relating to the aforementioned advisory opinion,

The Twenty-Eighth Year of the World Court

Substantial contributions to the jurisprudence of the International Court of Justice were made during its twenty-eighth year—in two judgments in the Corfu Channel Case, and in an advisory opinion on Reparation for Injuries Suffered in the Service of the United Nations. The prospect for the greater activity of the Court improved notably during the year, as a result of the institution of proceedings in three contested cases—between the United Kingdom and Norway, France and Egypt, and Colombia and Peru, respectively; and as a result of three requests emanating from the General Assembly for advisory opinions—concerning questions arising under the Treaties of Peace with Bulgaria, Hungary and Rumania; the competence of the General Assembly to admit new Members of the United Nations; and the international status of South West Africa. On the other hand, the year has not been marked by a great increase in the jurisdiction conferred on the Court under Article 36 (2) of the Statute or otherwise.

Some Observations On the Question of Reparation for Injuries Suffered in the Service of the United Nations

Some Observations On the Question of Reparation for Injuries Suffered in the Service of the United Nations

1. Advisory Opinion of the International Court of Justice Concerning Reparation for Injuries Suffered in the Service of the United Nations, April 11, 1949.

On December 3rd, 1948, the General Assembly of the United Nations adopted the following resolution:“Whereas the series of tragic events which have lately befallen agents of the United Nations engaged in the performance of their duties raises, with greater urgency than ever, the question of the arrangements to be made by the United Nations with a view to ensuring to its agents the fullest measure of protection in the future and ensuring that reparation be made for the injuries suffered; andWhereas it is highly desirable that the Secretary-General should be able to act without question as efficaciously as possible with a view to obtaining any reparation due; thereforeThe General Assembly

Reparation for Injuries Suffered in the Service of the United Nations

Reparation for Injuries Suffered in the Service of the United Nations

The Twenty-Seventh Year of the World Court

The resumption of its judicial activity after a lapse of eight years was the outstanding feature of the twenty-seventh year of the World Court. A judgment rejecting a preliminary objection in the Corfu Channel Case was handed down on March 25, 1948, and the case was still pending at the close of the year. An advisory opinion on Conditions of Admission of a State to Membership in the United Nations was given on May 28, 1948; and late in the year the General Assembly requested an advisory opinion on Reparation for Injuries Suffered in the Service of the United Nations.