Good Faith – The Gordian Knot of International Commerce

This paper argues that good faith cannot be defined and furthermore that there is no need to define good faith as it takes on meaning when applied to facts. Hence an explanation or application of good faith is defined by its function namely to enforce the expected performance of both parties. It is further argued that the function of good faith will determine which fact pattern has to be found by a court in order to determine the expected performance of the contractual parties. It follows that good faith is the legal concept which allows courts to do justice and do it according to law. As good faith takes on meaning only when applied to contractual terms, Peden is correct to argue that “. . . the widespread use of ‘good faith’ in legislation is . . . completely unhelpful in the development of contractual good faith.” An interesting way to juxtaposition this point transnationally is to look at international and US theories of good faith in the light of the development of good faith in a jurisdiction which has struck a civil law/common law compromise about the use of the concept. Australia presents itself as a fledgling nation in the development of good faith, while simultaneously being a CISG state subject to the good faith of Art. 7. The paper will therefore examine the following: The theoretical base on which a definition or explanation of the function of good faith is based is very divergent and will be discussed in part one. The conclusion which can be drawn from part one will be applied in part two to the most important available judicial decisions in determining whether there is consistency in the application of the concept. Part three will discuss whether the CISG and the domestic interpretative methods will influence the applications of good faith

Platform, container, environment. 2019 Shenzhen Biennale as innovation in practice

In a time of supra-national economic, political and social crises, the architectural profession is acknowledged as necessitating of a fundamental restructuring in order to gain both renewed relevance as a discipline (Awan, Schneider and Till 2009; Till 2014, 9-11) and sustainability as day-to-day practice (Deamer and Bernstein 2010; Deamer 2015; etc.). A tendency to diversify the products of architectural practice - i.e. beyond buildings - is facilitated by a constantly increasing number of curatorial outlets - i.e. Triennales, Biennales - allowing to increase the perceived pace of innovation (Papastergiadis and Martin 2011, 45–62). The paper looks at the curatorial process of the 2019 Shenzhen Biennale of Architecture and Urbanism as a way to access a select sample of internationally mobile contemporary practices whose work is produced at the intersection between profession, academia, and independent research. Drawing on literature pertaining to the concept of communities of practice (Amin and Roberts 2008, 353-369; Faulconbridge 2010, 2842–2858), ethnography of practice (Yaneva 2009) and feminist theory (Frichot and Runting 2015, 397-411), we question the agency of the Biennale and similar curated events as facilitating environments entailing the reconceptualization of design practice (O’Neill & Wilson 2015; Szacka 2019). In order to do so, we look at the practices that populate the exhibition, how they self-represent and how they employ the exhibition to maximize the possibility of producing innovation. Finally, we select a small number of installations that appear the most resilient to contingencies, and analyze their trajectories outside of the Biennale in order to understand the way specific networks are built and effects are achieved, within platforms that are indeed part of day-to-day practice, rather than existing outside of it

A Combination of GPR Survey and Laboratory Rock Tests for Evaluating an Ornamental Stone Deposit in a Quarry Bench

Abstract The paper examines methods of assessing the critical fractures and quality of an ornamental stone deposit. Fracture status was evaluated by an in-situ Ground Penetrating Radar (GPR) test. The resulting 3D GPR model allowed exploration of the extension, shape, and orientation of the detected fractures surfaces. It also identified a rock stratum with a noticeably lower load of critical fractures compared to the other strata. Physico-mechanical properties were investigated by laboratory tests allowing classification of the deposit into quality categories, which provided a promising correlation with the GPR survey results

The Transnational Dimension of Statutory Interpretation – Tragically Overlooked in a Global Commercial Environment

Recently, we came across a very well written and thoroughly researched article by Dharmananda and Firios entitled “Interpreting statutes and contracts: A distinction without a difference?”. The article made many excellent points and was very thought provoking – but it overlooked an aspect of legal interpretation which is central to the modern legal landscape, namely internationalisation. In all areas of law – arguably, especially in our field of commercial regulation – the regulatory effects of globalisation and harmonisation necessitate a different perspective on both statutory and contractual interpretation. We do not disagree with the paper’s overarching conclusion that there are important parallels between contractual and legislative interpretation – but we posit that in the formula to establish this point it becomes increasingly important to include the international dimension. Not all domestic statues should be seen in a solely domestic light

Type 2 Diabetes Mellitus, Platelet Activation and Alzheimer's Disease: A Possible Connection

: Type 2 diabetes mellitus DM (T2DM) is associated with a 70% increased risk for dementia, including Alzheimer's disease (AD). Insulin resistance has been proposed to play a pivotal role in both T2DM and AD and the concept of "brain insulin resistance" has been suggested as an interpretation to the growing literature regarding cognitive impairment and T2DM. Subjects with T2DM present an abnormal platelet reactivity that together with insulin resistance, hyperglycaemia and dyslipidaemia effect the vascular wall by a series of events including endothelial dysfunction, oxidative stress and low-grade inflammation. Activated platelets directly contribute to cerebral amyloid angiopathy (CAA) by promoting the formation of β-amyloid (Aβ) aggregates and that Aβ, in turn, activates platelets, creating a feed-forward loop suggesting the involvement of platelets in the AD pathogenesis. Moreover, islet amyloid polypeptide deposition, co-localized with Aβ deposits, is a common finding in the brain of patients with T2DM. These observations raise the intriguing prospect that traditional or novel antiplatelet therapeutic strategies may alleviate fibril formation and could be used in the prevention or treatment of AD subjects with diabetes

Perceived Economic Uncertainty and Fertility Intentions in Couples: A Dyadic Extension of the Theory of Planned Behaviour

By adopting a dyadic extension of the Theory of Planned Behavior (Ajzen, 1991), this study examined whether perceived economic uncertainty afects fertility intentions. Three-hundred thirty one heterosexual couples living in Italy participated in a randomized between-group experimental study, in which we manipulated perceived economic uncertainty (low vs. high vs. control). The participants subsequently completed a questionnaire measuring their attitudes, subjective norms, perceived behavioral control, and fertility intentions. We employed Structural Equation Modelling in estimating the Actor–Partner Interdependence Model. The model showed a good ft to the data. Women’s attitudes, subjective norms, and perceived behavioral control were infuenced by the high economic uncertain scenario, whereas among men these variables were afected only by the positive economic scenario. Attitudes and perceived behavioral control were signifcant predictors of fertility intentions for both sexes. Signifcant partner efects were observed as well. These fndings suggest that fertility plans should be examined by adopting a dyadic perspective, as individuals’ intentions are afected not only by their own beliefs, but also by those of their partners.Perceived Economic Uncertainty and Fertility Intentions in Couples: A Dyadic Extension of the Theory of Planned BehaviourpublishedVersio

COME SVILUPPARE LA RESA IN GRAMMATICA DEL LESSICO IN ITALIANO L2: UN ESPERIMENTO IN UNA SCUOLA PRIMARIA DI SYDNEY

Anche dopo qualche anno di insegnamento della L2, a volte l'apprendimento fatica a procedere verso la resa in grammatica, ossia oltre allo stadio 1 che la Teoria della Processabilità definisce lemmatico e formulaico. Questo perché, specialmente nel caso della scuola primaria, la diffusione di metodologie di insegnamento comunicative porta a trascurare gli aspetti formali della lingua. Riportiamo qui i risultati di un esperimento condotto a Sydney, in cui l'insegnante è riuscita a sbloccare l'apprendimento dell'italiano L2 da parte dei bambini anglofoni cambiando, in misura minima ma qualitativamente significativa, il proprio insegnamento, e cioè attirando l'attenzione degli allievi sulla forma in due modi: (i) insistendo su alcune strutture che, secondo la Teoria della Processabilità, sono imparabili perché appartengono allo stadio 2 categoriale, ossia quello immediatamente successivo rispetto a dove già si trovano gli apprendenti, e (ii) fornendo un minimo di feedback correttivo mirato esclusivamente a queste stesse strutture - senza però rinunciare mai ad attività essenzialmente comunicative

Perceived Economic Uncertainty and Fertility Intentions in Couples: A Dyadic Extension of The Theory of Planned Behavior

By adopting a dyadic extension of the Theory of Planned Behavior (Ajzen, 1991), this study examined whether perceived economic uncertainty affects fertility intentions. Three-hundred thirty one heterosexual couples living in Italy participated in a randomized between-group experimental study, in which we manipulated perceived economic uncertainty (low vs. high vs. control). The participants subsequently completed a questionnaire measuring their attitudes, subjective norms, perceived behavioral control, and fertility intentions. We employed Structural Equation Modelling in estimating the Actor–Partner Interdependence Model. The model showed a good fit to the data. Women’s attitudes, subjective norms, and perceived behavioral control were influenced by the high economic uncertain scenario, whereas among men these variables were affected only by the positive economic scenario. Attitudes and perceived behavioral control were significant predictors of fertility intentions for both sexes. Significant partner effects were observed as well. These findings suggest that fertility plans should be examined by adopting a dyadic perspective, as individuals’ intentions are affected not only by their own beliefs, but also by those of their partners

Platelet lysate-derived neuropeptide y influences migration and angiogenesis of human adipose tissue-derived stromal cells

Neuropeptide Y (NPY), a powerful neurotransmitter of the central nervous system, is a key regulator of angiogenesis and biology of adipose depots. Intriguingly, its peripheral vascular and angiogenic powerful activity is strictly associated to platelets, which are source of clinical hemoderivates, such as platelet lysate (PL), routinely employed in several clinical applications as wound healing, and to preserve ex vivo the progenitor properties of the adipose stromal cells pool. So far, the presence of NPY in PL and its biological effects on the adipose stromal cell fraction (ASCs) have never been investigated. Here, we aimed to identify endogenous sources of NPY such as PL-based preparations and to investigate which biological properties PL-derived NPY is able to exert on ASCs. The results show that PL contains a high amount of NPY, which is in part also excreted by ASCs when stimulated with PL. The protein levels of the three main NPY subtype receptors (Y1, Y2, Y5) are unaltered by stimulation of ASCs with PL, but their inhibition through selective pharmacological antagonists, considerably enhances migration, and a parallel reduction of angiogenic features of ASCs including decrease in VEGF mRNA and intracellular calcium levels, both downstream targets of NPY. The expression of VEGF and NPY is enhanced within the sites of neovascularisation of difficult wounds in patients after treatment with leuco-platelet concentrates. Our data highlight the presence of NPY in PL preparations and its peripheral effects on adipose progenitors

Molecular simulations of SSTR2 dynamics and interaction with ligands

The cyclic peptide hormone somatostatin regulates physiological processes involved in growth and metabolism, through its binding to G-protein coupled somatostatin receptors. The isoform 2 (SSTR2) is of particular relevance for the therapy of neuroendocrine tumours for which different analogues to somatostatin are currently in clinical use. We present an extensive and systematic computational study on the dynamics of SSTR2 in three different states: active agonist-bound, inactive antagonist-bound and apo inactive. We exploited the recent burst of SSTR2 experimental structures to perform μs-long multi-copy molecular dynamics simulations to sample conformational changes of the receptor and rationalize its binding to different ligands (the agonists somatostatin and octreotide, and the antagonist CYN154806). Our findings suggest that the apo form is more flexible compared to the holo ones, and confirm that the extracellular loop 2 closes upon the agonist octreotide but not upon the antagonist CYN154806. Based on interaction fingerprint analyses and free energy calculations, we found that all peptides similarly interact with residues buried into the binding pocket. Conversely, specific patterns of interactions are found with residues located in the external portion of the pocket, at the basis of the extracellular loops, particularly distinguishing the agonists from the antagonist. This study will help in the design of new somatostatin-based compounds for theranostics of neuroendocrine tumours