bluuebunny/crossref_metadata_2025 huggingface dataset:
Room-temperature synthesized copper iodide thin film as degenerate p-type transparent conductor with a boosted figure of merit
Authors: Yang Chang , Kneiβ Max , Lorenz Michael , Grundmann Marius
Published: November 2016

Significance

The lack of high-performance p-type transparent conductors (TCs) has been a main obstacle for the development of transparent electronics. In this study, we overcome this challenge in achieving simultaneously high conductivity and transparency for p-type TCs by developing the degenerate wide-bandgap semiconductor cuprous iodide (CuI). We propose industrially applicable techniques including room-temperature physical deposition by reactive sputtering for thin-film growth and iodine doping of CuI. The obtained CuI polycrystalline thin films exhibit record high conductivity as well as a high transparency, resulting in a 100× improvement of the figure of merit compared with any other p-type transparent conducting material. These results indicate significant advances in the development of p-type TCs toward their practical use.
Reviewing patent policy: an exercise in futility?
Authors: Moir Hazel V.J.
Published: November 2016

In 1984, Don Lamberton wrote a two-page disclaimer to a review of the Australian patent system, pointing out that there was nothing economic about the review and that it simply pandered to special interest groups. Some 30 years later, the Productivity Commission has been given a shorter time frame (one year) and a broader remit (all intellectual property). This paper reviews the issues addressed in the Industrial Property Advisory Committee (IPAC) review of 1984. Since it was completed, substantially more empirical evidence has become available, while room for policy improvement has been curtailed by international trade treaties. While the Productivity Commission will take a sound economic approach, the breadth of its remit may prevent full appreciation of the critical issues in patent policy. This paper considers the options remaining to the Commission to recommend improvements in the national interest. Whether these will be taken up depends on the priority given to the interests of small but powerful lobby groups.
Learning from clergy who have been forcibly terminated
Authors: Tanner Marcus N.
Published: November 2016

Workplace bullying is a detrimental practice that has long-term negative effects. Previous research on the topic has focused on workplace bullying between management and subordinates or colleagues but not executive leaders as the target. Recent research shows 28% of ministers have experienced
a forced termination at least once during their career. This study surveyed 582 ministers to learn from those who experienced a forced termination. The analysis revealed ministry demands, and the interaction between self-esteem, depression, and emotional exhaustion were found to have a significant
relationship with forced termination. In addition, depression, ministry demands, and stress were found to be significant indicators of general health problems. The results of this study point toward a process of forced termination that may include: unresolved conflict as an antecedent to a
period of bullying by members of a church, detrimental events leading up to a forced termination, and long-term and ongoing health problems.
Textualization of “say”: a functional analysis of shuō-connectives in Chinese
Authors: Chen Shu-Kun
Published: November 2016

The semantic and syntactic feature of the character shuō has been one of the central issues explored by scholars who study Chinese. However, none of their studies systematically survey why and how shuō occurs in connectives. Under the theoretical framework of SFG, this paper first introduces some critical notions of semantic domain and primitive morpheme, which help to interpret why shuō is manifested in varied grammatical environments. Then a dichotomy of lexicalized and grammaticalized shuō-connectives is proposed to illustrate how shuō “moves” into conjunctive items. A close analysis of some peculiar shuō-connectives indicates that (1) shuō marks the internal process in lexicalized items; and (2) shuō may serve as internal process, impersonal projecting process and conditional binder in grammaticalized items. It is argued that the current framework of projection semantic domain should be fine-tuned so as to take the textual manifestation into account.
On the regularity of solutions to the 𝑘-generalized Korteweg-de Vries equation
Authors: Kenig C. , Linares F. , Ponce G. , Vega L.
Published: November 2016

This work is concerned with special regularity properties of solutions to the

k
k

-generalized Korteweg-de Vries equation. In [Comm. Partial Differential Equations 40 (2015), 1336–1364] it was established that if the initial datum is

u
0

∈

H
l

(
(
b
,
∞
)
)

u_0\in H^l((b,\infty ))

for some

l
∈

Z

+

l\in \mathbb {Z}^+

and

b
∈

R

b\in \mathbb {R}

, then the corresponding solution

u
(
⋅
,
t
)

u(\cdot ,t)

belongs to

H
l

(
(
β
,
∞
)
)

H^l((\beta ,\infty ))

for any

β
∈

R

\beta \in \mathbb {R}

and any

t
∈
(
0
,
T
)

t\in (0,T)

. Our goal here is to extend this result to the case where

l
>
3

/

4

\,l>3/4

.
A rigid Urysohn-like metric space
Authors: Grebík Jan
Published: November 2016

Recall that the Rado graph is the unique countable graph that realizes all one-point extensions of its finite subgraphs. The Rado graph is well known to be universal and homogeneous in the sense that every isomorphism between finite subgraphs of

R
R

extends to an automorphism of

R
R

.

We construct a graph of the smallest uncountable cardinality

ω
1

\omega _1

which has the same extension property as

R
R

, yet its group of automorphisms is trivial. We also present a similar, although technically more complicated, construction of a complete metric space of density

ω
1

\omega _1

, having the extension property like the Urysohn space, yet again its group of isometries is trivial. This improves a recent result of Bielas.
Non-meager free sets and independent families
Authors: Medini Andrea , Repovš Dušan , Zdomskyy Lyubomyr
Published: November 2016

Our main result is that, given a collection

R

\mathcal {R}

of meager relations on a Polish space

X
X

such that

|

R

|

≤
ω

|\mathcal {R}|\leq \omega

, there exists a dense Baire subspace

F
F

of

X
X

(equivalently, a nowhere meager subset

F
F

of

X
X

) such that

F
F

is

R
R

-free for every

R
∈

R

R\in \mathcal {R}

. This generalizes a recent result of Banakh and Zdomskyy. As an application, we show that there exists a non-meager independent family on

ω
\omega

, and define the corresponding cardinal invariant. Furthermore, assuming Martin’s Axiom for countable posets, our result can be strengthened by substituting “

|

R

|

≤
ω

|\mathcal {R}|\leq \omega

” with “

|

R

|

>

c

|\mathcal {R}|>\mathfrak {c}

” and “Baire” with “completely Baire”.
A remark on a result of Ding-Jost-Li-Wang
Authors: Yang Yunyan , Zhu Xiaobao
Published: November 2016

Let

(
M
,
g
)

(M,g)

be a compact Riemannian surface without boundary,

W

1
,
2

(
M
)

W^{1,2}(M)

be the usual Sobolev space, and

J
:

W

1
,
2

(
M
)
→

R

J: W^{1,2}(M)\rightarrow \mathbb {R}

be the functional defined by
\[
<mml:math xmlns:mml="http://www.w3.org/1998/Math/MathML" alttext="upper J left-parenthesis u right-parenthesis equals one half integral Underscript upper M Endscripts StartAbsoluteValue nabla u EndAbsoluteValue squared d v Subscript g Baseline plus 8 pi integral Underscript upper M Endscripts u d v Subscript g Baseline minus 8 pi log integral Underscript upper M Endscripts h e Superscript u Baseline d v Subscript g Baseline comma">

J
(
u
)
=

1
2

∫
M

|

∇
u

|

2

d

v
g

+
8
π

∫
M

u
d

v
g

−
8
π
log
⁡

∫
M

h

e
u

d

v
g

,

J(u)=\frac {1}{2}\int _M|\nabla u|^2dv_g+8\pi \int _M udv_g-8\pi \log \int _Mhe^udv_g,

\]
where

h
h

is a positive smooth function on

M
M

. In an inspiring work (Asian J. Math., vol. 1, pp. 230-248, 1997), Ding, Jost, Li and Wang obtained a sufficient condition under which

J
J

achieves its minimum. In this note, we prove that if the smooth function

h
h

satisfies

h
≥
0

h\geq 0

and

h
≢
0

h\not \equiv 0

, then the above result still holds. Our method is to exclude blow-up points on the zero set of

h
h

.
A geometric inequality for convex free boundary hypersurfaces in the unit ball
Authors: Lambert Ben , Scheuer Julian
Published: November 2016

We use the inverse mean curvature flow with a free boundary perpendicular to the sphere to prove a geometric inequality involving the Willmore energy for convex hypersurfaces of dimension

n
≥
3

n\geq 3

with boundary on the sphere.
A Bishop-type inequality on metric measure spaces with Ricci curvature bounded below
Authors: Kitabeppu Yu
Published: November 2016

We define a Bishop-type inequality on metric measure spaces with Riemannian curvature-dimension condition. The main result in this short article is that any

R
C
D

RCD

spaces with the Bishop-type inequalities possess only one regular set in not only the measure theoretical sense but also the set theoretical one. As a corollary, the Hausdorff dimension of such

R
C

D
∗

(
K
,
N
)

RCD^*(K,N)

spaces is exactly

N
N

. We also prove that every tangent cone at any point on such

R
C
D

RCD

spaces is a metric cone.
Statistical stability for multidimensional piecewise expanding maps
Authors: Alves José , Pumariño Antonio , Vigil Enrique
Published: November 2016

We present sufficient conditions for the (strong) statistical stability of some classes of multidimensional piecewise expanding maps. As a consequence we get that a certain natural two-dimensional extension of the classical one-dimensional family of tent maps is statistically stable.
Tchakaloff’s theorem and 𝐾-integral polynomials in Banach spaces
Authors: Pinasco Damián , Zalduendo Ignacio
Published: November 2016

Tchakaloff’s theorem gives a quadrature formula for polynomials of a given degree with respect to a compactly supported positive measure which is absolutely continuous with respect to Lebesgue measure. We study the validity of two possible analogues of Tchakaloff’s theorem in an infinite-dimensional Banach space

E
E

: a weak form valid when

E
E

has a Schauder basis, and a stronger form requiring conditions on the support of the measure as well as on the space

E
E

.
On the genericity of the shadowing property for conservative homeomorphisms
Authors: Guihéneuf Pierre-Antoine , Lefeuvre Thibault
Published: November 2016

We prove the genericity of the shadowing and periodic shadowing properties for both conservative and dissipative homeomorphisms on a compact connected manifold. Our proof is valid for topological manifolds and still holds in the dissipative case. As a consequence of this result, we establish the genericity of the specification property, the average shadowing property, and the asymptotic average shadowing property, in the conservative case.
Ends of unimodular random manifolds
Authors: Biringer Ian , Raimbault Jean
Published: November 2016

We describe the space of ends of a unimodular random manifold, a random object that generalizes finite volume manifolds, random leaves of measured foliations and invariant random subgroups of isometry groups of Riemannian manifolds. As an application, we give a quick proof of a variant of a theorem of E. Ghys (1995) on the topology of random leaves.
Integral and series representations of 𝑞-polynomials and functions: Part II Schur polynomials and the Rogers-Ramanujan identities
Authors: Ismail Mourad , Zhang Ruiming
Published: November 2016

We give several expansion and identities involving the Ramanujan function

A
q

A_q

and the Stieltjes–Wigert polynomials. Special values of our identities give

m
m

-versions of some of the items on the Slater list of Rogers-Ramanujan type identities. We also study some bilateral extensions of certain transformations in the theory of basic hypergeometric functions.
On a theorem of A. I. Popov on sums of squares
Authors: Berndt Bruce , Dixit Atul , Kim Sun , Zaharescu Alexandru
Published: November 2016

Let

r
k

(
n
)

r_k(n)

denote the number of representations of the positive integer

n
n

as the sum of

k
k

squares. In 1934, the Russian mathematician A. I. Popov stated, but did not rigorously prove, a beautiful series transformation involving

r
k

(
n
)

r_k(n)

and certain Bessel functions. We provide a proof of this identity for the first time, as well as for another identity, which can be regarded as both an analogue of Popov’s identity and an identity involving

r
2

(
n
)

r_2(n)

from Ramanujan’s lost notebook.
Finite groups and their coprime automorphisms
Authors: de Melo Emerson , Shumyatsky Pavel
Published: November 2016

Let

p
p

be a prime and

A
A

a finite group of exponent

p
p

acting by automorphisms on a finite

p
′

p’

-group

G
G

. Assume that

A
A

has order at least

p
3

p^3

and

C
G

(
a
)

C_G(a)

is nilpotent of class at most

c
c

for any

a
∈

A

#

a\in A^{\#}

. It is shown that

G
G

is nilpotent with class bounded solely in terms of

c
c

and

p
p

.
Tamagawa Numbers of elliptic curves with 𝐶₁₃ torsion over quadratic fields
Authors: Najman Filip
Published: November 2016

Let

E
E

be an elliptic curve over a number field

K
K

,

c
v

c_v

the Tamagawa number of

E
E

at

v
v

, and let

c
E

=

∏

v

c
v

c_E=\prod _{v}c_v

. Lorenzini proved that

v

13

(

c
E

)

v_{13}(c_E)

is positive for all elliptic curves over quadratic fields with a point of order

13
13

. Krumm conjectured, based on extensive computation, that the

13
13

-adic valuation of

c
E

c_E

is even for all such elliptic curves. In this note we prove this conjecture and furthermore prove that there is a unique such curve satisfying

v

13

(

c
E

)
=
2

v_{13}(c_E)=2

.
Majorization results for zeros of orthogonal polynomials
Authors: Van Assche Walter
Published: November 2016

We show that the zeros of consecutive orthogonal polynomials

p
n

p_n

and

p

n
−
1

p_{n-1}

are linearly connected by a doubly stochastic matrix for which the entries are explicitly computed in terms of Christoffel numbers. We give similar results for the zeros of

p
n

p_n

and the associated polynomial

p

n
−
1

(
1
)

p_{n-1}^{(1)}

and for the zeros of the polynomial obtained by deleting the

k
k

th row and column

(
1
≤
k
≤
n
)

(1 \leq k \leq n)

in the corresponding Jacobi matrix.
Effects of variable mean target strength on estimates of abundance: the case of Atlantic mackerel (Scomber scombrus)
Authors: Scoulding Ben , Gastauer Sven , MacLennan David N. , Fässler Sascha M. M. , Copland Phillip , Fernandes Paul G.
Published: November 2016

Atlantic mackerel Scomber scombrus is a small pelagic, migratory fish which supports commercial fisheries. These fish school and are detectable using echosounders, yet fishery-independent estimates of their abundance in the North East Atlantic do not consider acoustic data. Accurate estimates of mean target strength (TS) are presently limiting echo-integration surveys from providing useful estimates of Atlantic mackerel abundance and distribution. This study provides TS estimates for in situ mackerel from multi-frequency split-beam echosounder measurements. TS equals −52.79 dB at 18 kHz, −59.60 dB at 38 kHz, −55.63 dB at 120 kHz, and −53.58 dB at 200 kHz, for a mean mackerel total length = 33.3 cm. These values differ from those currently assumed for this species in analyses of acoustic survey data. We investigate the sensitivity of acoustically estimated mackerel biomass around the Shetland Islands, Scotland, in 2014, to various estimates of TS. Confidence limits were obtained using geostatistics accounting for coverage and spatial autocorrelation. Stock biomasses, estimated from 38 and 200 kHz data, differed by 10.5%, and stock distributions were similar to each other and to the estimates from an independent stock assessment. Because mackerel backscatter at 38 kHz is dominated by echoes from the flesh and may have similarities to echoes from fish with swimbladders, and backscatter at 200 kHz is dominated by relatively stable echoes from the backbone, we recommend using 200 kHz data for estimates of Atlantic mackerel biomass.
Projections of future habitat use by Atlantic bluefin tuna: mechanistic vs. correlative distribution models
Authors: Muhling Barbara A. , Brill Richard , Lamkin John T. , Roffer Mitchell A. , Lee Sang-Ki , Liu Yanyun , Muller-Karger Frank
Published: November 2016

Climate change is likely to drive complex shifts in the distribution and ecology of marine species. Projections of future changes may vary, however, depending on the biological impact model used. In this study, we compared a correlative species distribution model and a simple mechanistic oxygen balance model for Atlantic bluefin tuna (Thunnus thynnus: ABFT) in the North Atlantic Ocean. Both models gave similar results for the recent historical time period, and suggested that ABFT generally occupy favourable metabolic habitats. Projections from an earth system model showed largely temperature-induced reductions in ABFT habitat in the tropical and sub-tropical Atlantic by 2100. However, the oxygen balance model showed more optimistic results in parts of the subpolar North Atlantic. This was partially due to an inherent ability to extrapolate beyond conditions currently encountered by pelagic longline fishing fleets. Projections included considerable uncertainty due to the simplicity of the biological models, and the coarse spatiotemporal resolution of the analyses. Despite these limitations, our results suggest that climate change is likely to increase metabolic stress on ABFT in sub-tropical habitats, but may improve habitat suitability in subpolar habitats, with implications for spawning and migratory behaviours, and availability to fishing fleets.
China in the Age of the World Picture
Authors: Ruskola Teemu
Published: November 2016

This chapter places China at the centre of international legal theory. More broadly, it explores how the multiethnic Qing Empire (1644–1911) became ‘China’, a sovereign nation-state in a world of other, formally equal nation-states. In framing the question, international law is approached as a foundational aspect of the political ontology of the modern world—one that depends on and sustains a particular metaphysical conception of the world, with associated notions of political time and space. In this light, the law of nations is analyzed at its origin as the constitution of Europe: a set of constitutive norms that governed the relationship among the so-called ‘Family of Nations’, sometimes characterized as the ius publicum Europaeum, or the public law of Europe. As this historically specific legal order has become globalized by means of colonialism, it has become effectively the constitution of the world.
Early Twentieth-Century Positivism Revisited
Authors: García-Salmones Rovira Mónica
Published: November 2016

This chapter focuses on Lassa Oppenheim’s (1858–1919) groundbreaking work on the legal theory of international law, which was written at the beginning of the twentieth century. Oppenheim’s recognition of the economic interdependence of nations was one important factor in his success in establishing the international economic system as the supporting framework of his Family of Nations, and as the underlying theory of his international law. Afterwards, the chapter maps the complex legal theoretical transition embedded in the change of philosophical position as regards the understanding of universalism. This involves a move from the transcendent realist philosophy of an earlier era to the immanent philosophy of the Austrian positivists at the beginning of the century.
International Legal Theory in Russia
Authors: Malksoo Lauri
Published: November 2016

This chapter argues that the concept of ‘civilization’ may be a useful analytical lens to look through for making sense of international legal theory outside the West. Specifically, it focuses on international legal theory in Russia and in the Russian language, broadly sketching an international legal theory in the country from the mid-nineteenth century onwards. Throughout the last few centuries, other non-Western civilizations have struggled with the predominance of the West, and have related and referred to it one way or another. Therefore, this dialogue — and often contest — of civilizations and the ways they have been constructed by political leaders and intellectuals has left its marks on international legal theory as well. For one reason or another, but perhaps also for reasons of cultures, histories, and civilizations differing from each other, scholars outside the West such as in Russia tend to put different emphases in terms of how they construct international law.
Realist Approaches to International Law
Authors: Jütersonke Oliver
Published: November 2016

This chapter outlines some of the linkages between a genuinely legal realist approach to (international) law and jurisprudence, and the claims of political realists about the role and status of law in the international sphere. It explores realism as an argumentative strategy, in considering what an argumentative structure would look like in international legal thought. The second part of the chapter then examines the intellectual heritage of what has explicitly been labelled ‘legal realism’, in both its American and Scandinavian versions, in order to find a place for a legal realist position within the canon of legal theory. Finally, the chapter seeks to relate the views of political realism about international law to the ways in which international lawyers themselves have sought to include an external position about the reality of international law into their own theories and doctrines.
International Legal Positivism
Authors: Kammerhofer Joerg
Published: November 2016

This chapter explores the role of positivism in international law, noting that the term ‘positivism’ itself has many connotations, most of which muddy an already neglected—yet strikingly pervasive—approach to international law. On that note, the chapter explores the differences (and overlaps) between positivism and formalism; then, it shows how radically different modern, philosophically- and jurisprudentially-informed forms of international legal positivism are, how little they are touched by the constant attack on the positivist–voluntarist straw man, and how unfair it is to lump them together with unthinking ‘positivists’:. Following these arguments is a reconstruction of the Neo-Hartian Socio-Psychologico-Linguistic school of positivism.
Feminist Approaches to International Law
Authors: Otto Dianne
Published: November 2016

This chapter describes encounters between feminism and international law in four parts. It begins by outlining the diversity of feminist visions for (and against) international law to highlight the dynamism of the field, the contestation between its various political and legal commitments, and the different ways that the feminist subject of law is conceived. Secondly, the chapter examines the range of critical analyses that feminists have developed in the wake of a particular 1991 American Journal of International Law (AJIL) article. The chapter then explores the trajectories of feminist reform projects in international law. Lastly, this chapter highlights the paradoxes of feminist engagement with international law, arguing that the practices of critique and reform, and their productive tensions, are essential to resisting the law’s colonization of feminist politics and keeping feminist imaginaries of a better world alive.
Kant, Cosmopolitanism, and International Law
Authors: Werner Wouter , Gordon Geoff
Published: November 2016

This chapter explores the way in which Kantian ideas have been adopted and transformed in contemporary international law and international theory, with the twofold aim of introducing some core topics on Kantian philosophy, cosmopolitanism, and international law, as well as demonstrating the importance of acknowledging different forms of cosmopolitanism at work in international law, thereby shedding new light on the ‘forgotten’ tradition of innate cosmopolitanism. The work of Kant not only occupies an important place in the history of ideas in international legal theory; his work also constitutes an enduring source of inspiration for widely diverging contemporary approaches to international law. On that note, the chapter references four core Kantian ideas incorporated in contemporary cosmopolitan thinking: the categorical imperative, the roughly contractual notion of a federation of free republics, the conception of a cosmopolitan right of hospitality, and the idea of an innate cosmopolitanism.
Theorizing Recognition and International Personality
Authors: Parfitt Rose
Published: November 2016

This chapter examines the way in which the legal effect of recognition on international personality has been theorized. Bringing some of the most prominent theories of the relationship between recognition and international personality into conversation with some of their most recent and radical alternatives, the chapter considers why colonial patterns of inequality persist, in spite of the ‘rolling out’ of international personality globally. Is it possible that orthodox theories of this relationship have ‘determined’ these patterns in some way? The focus therefore is on international recognition (that is, inter-state recognition, as opposed to recognition of governments and belligerents), and on the personality of entities which identify (whether actually or potentially) as territorial (such as states, colonies, ‘mandates’, and indigenous peoples).
Theorizing Human Rights
Authors: Golder Ben
Published: November 2016

This chapter remarks on the pragmatic element in human rights, focusing on the question of what it means to theorize them through the lens of pragmatism, as well as probing the limits of pragmatism. It aims to provide a conspectus of the way in which some recent and influential thinkers have theorized human rights through the lens of pragmatism, and to problematize this very turn to pragmatism. The argument here is that the critical potential of pragmatism too often ends up re-entrenching a conservative, liberal political vision of human rights even as it licenses extraordinary militarism on behalf of powerful states and the international community.
Theorizing International Environmental Law
Authors: Humphreys Stephen , Otomo Yoriko
Published: November 2016

This chapter opens up some new theoretical perspectives on environmental law, which has surprisingly been subjected to little theoretical speculation. International environmental law is generally characterized as quintessential ‘soft law’: general principles and aspirational treaties with weak or exhortatory compliance mechanisms, often dependent on other disciplines altogether—science and economics—for direction and legitimacy. At the same time, the problems it is called upon to deal with are immense, frequently catastrophic, and global in nature: climate change, species extinction, increasing desert, disappearing rainforest. To rectify this, the chapter delves into a question of terminology—why ‘international environmental law’?—before exploring its Romantic and colonial origins and concluding with how international environmental law’s origins in the confluence of the Romantic and the colonial explains the apparent mismatch between its ambitious stated objectives and its muted regulatory provisions—and how this tension continues to inform its functioning today.
The Idea of Progress
Authors: Skouteris Thomas
Published: November 2016

This chapter discusses the entwinement of the idea of progress with the theory of international law. Because of the topic’s extensive scope, the chapter limits itself to two arguments. The first is that the impact of the idea of progress in international law should be measured not only against the traction of paradigmatic progress narratives; but also against the pervasiveness of humdrum, prosaic varieties of progress talk. The second point of this chapter is that any kind of progress talk, from the uppercase to the lowercase and back, is theoretical ‘all the way down’. The idea of progress does not merely describe reality ‘an sich’ but imposes a frame over it. Move the frame, and the image becomes muddled. One’s progress is another’s regression, stagnation, or mere directional movement.
Fragmentation and Constitutionalization
Authors: Peters Anne
Published: November 2016

This chapter discusses fragmentation and constitutionalization—which are understood to be two trends in the evolution of international law. ‘Fragmentation’ has a negative connotation, and is used as a pejorative term (rather than diversity, specialization, or pluralism). ‘Constitutionalization’, in contrast, feeds on the positive ring of the concept of constitution. Both constitutionalization and fragmentation are terms that describe not only legal processes in the real world of law but are also labels for the accompanying discourses (mostly among academics, less so among judges, and even less so among political law-making actors). The putative trends so far do not have a clearly definable end-result, such as a completely fragmented international legal order on the one hand, or a world constitution on the other.
International Climate Change Law
Authors: Carlarne Cinnamon P. , Gray Kevin R. , Tarasofsky Richard
Published: November 2016

This introductory chapter outlines the scope and development of international climate change law which addresses the unique nature of climate change and its complexities. The twentieth century saw the international community identifying and recognizing climate change as a global problem. Drawing from the basic tenets of international environmental law, the United Nations established two international legal frameworks that form the backbone of the international climate change regime—the United Nations Framework Convention on Climate Change (UNFCCC), and the Kyoto Protocol. The UNFCCC, as a framework instrument, sets the parameters for global discourse and provides an essential forum for dialogue and decision-making on climate change matters. It is extended and complimented by the Kyoto Protocol, which sets out legally binding emission reduction obligations for developed country parties, provides for a series of market-based mitigation tools, and generally adds further contour to the legal framework established under the UNFCCC.
Climate Change and International Law beyond the UNFCCC
Authors: Boyle Alan , Ghaleigh Navraj Singh
Published: November 2016

This chapter discusses the various shortcomings of the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol. As a ‘framework convention’, the UNFCCC itself does not regulate climate change but only creates a basis for negotiating multilateral solutions. The Convention’s most evident weakness, as demonstrated during the Marrakesh Accords and the Copenhagen negotiations, is the dependence on the ability of the parties to reach the necessary agreement within a timescale. Complementary to the Convention, the Kyoto Protocol establishes quantitative emission restrictions to advanced industrial states, or Annex I parties. However, the Protocol only focuses on greenhouse gas (GHG) emissions rather than on consumption, a reason which led to Canada’s withdrawal. According to international governance scholar Oran Young, these problems emerge as a result of the climate change regime not being based on ‘principles of fairness’ that are broadly acceptable major players.
Compliance under the Evolving Climate Change Regime
Authors: Oberthür Sebastian
Published: November 2016

This chapter assesses the ways in which compliance has been addressed under the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol. It highlights the different merits of assessing and promoting compliance with international commitments on climate change, as it goes beyond the measuring, reporting, and verification of relevant data. In particular, compliance mechanisms stabilize cooperation and enhance effective implementation by helping to build and maintain trust, address capacity problems, clarify rule ambiguities, and protect against free-riding. The politics of compliance mechanisms involves balancing two considerations. First, any compliance mechanism implies some level of multilateral supervision of national implementation and thus limits national choices. Second, compliance mechanisms can build trust and confidence and ensure effective implementation of commitments, while non-compliance completely undermines the agreement.
Precaution and Climate Change
Authors: Wiener Jonathan
Published: November 2016

This chapter examines the role of precaution as applied to climate change. Article 3 of the United Nations Framework Convention on Climate Change (UNFCCC) specifically calls for precautionary measures to anticipate, prevent, or minimize the causes of climate change and mitigate its adverse effects. Because climate change poses uncertain but serious and even catastrophic risks, and because greenhouse gas emissions have latent and long-lasting effects which last over decades and even centuries, precautionary action is widely urged as essential to preventing future climate change—rather than waiting to act after the damage is done, when it is too late to address the cause. The chapter describes the key features of the Precautionary Principle (PP), and illustrates the advance of the PP across the terrain of national and international law and also the variation among its proliferating versions established by various scholars, such as Per Sandin, David VanderZwaag, and Christopher Stone.
International Market Mechanisms
Authors: Hsu Shi-Ling
Published: November 2016

This chapter describes the role of international market mechanisms in reducing pollution and the costs of doing so. It looks into two mechanisms established by economists John H. Dales and Arthur Cecil Pigou. Dales propounded the mechanism of ‘pollution permit-trading’ which, instead of regulating pollution on a source-by-source or emitter class-by-emitter class basis, a regulatory agency from the beginning would limit the overall amount of pollution allowed. Firms could then trade amongst themselves, effectively using the market to determine which of them should be able to pollute, how much, and when. The other market mechanism is the Pigouvian tax, which is the tax levied per unit of pollution emitted. By pricing these external costs and forcing polluters to consider them in their private calculus, Pigouvian taxes force polluters to balance the social costs and their private economic benefits of polluting.
Legal Frameworks for Linking National Emissions Trading Systems
Authors: Mehling Michael
Published: November 2016

This chapter discusses the linking of emissions trading regimes for climate change governance. It also assesses the legal frameworks for linking as the process assumes varying degrees of formality, with implications for the legal nature and the procedural requirements of adoption. Linkage results in an enlarged market, promising greater diversity of abatement costs and thus more efficient achievement of climate change mitigation objectives. Linkage is also credited with promoting liquidity and reduced price volatility in the carbon market, helping reduce the likelihood of manipulation and abuse. These results lead to operation in a multilayered framework of established rules, principles, and procedures constituting the legal order. Carbon markets are highly regulated, and this relevance of norms also extends to a linkage between such markets. The chapter analyses past and current trading schemes as a case study, such as the European Union Emission Trading Scheme, the biggest greenhouse gas emissions trading scheme.
International Law and the Renewable Energy Sector
Authors: Parker Leslie
Published: November 2016

This chapter examines key legal instruments and mechanisms relevant to international renewable energy regulation. These play an important role in governing unified action and enhancing collaboration and information-sharing on effective policies and investment frameworks aimed at reducing barriers and risks to investments in renewable energy. The mechanisms that are analysed are the International Renewable Energy Agency (IRENA) Statute, the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol and related international climate change negotiations and declarations, the Energy Charter Treaty (ECT), and various sector-specific treaties. The chapter also turns its attention to the primary international organizations that influence present and future directions in international renewable energy policy, such as the Nairobi Programme of Action for the Development and Utilization of New and Renewable Sources of Energy, International Energy Agency, Development Banks, and the Renewable Energy and Energy Efficiency Partnership.
Intellectual Property and Climate Change, with an Emphasis on Patents and Technology Transfer
Authors: Sarnoff Joshua D.
Published: November 2016

This chapter addresses some of the issues raised between the patent system and the international climate change regime. Substantial theoretical and empirical uncertainties remain regarding whether the patent system is the best method of promoting investment, innovation, and dissemination of technologies. It highlights the end of the Sixteenth Conference of the Parties of the United Nations Framework Convention on Climate Change (UNFCCC) in Cancún where the UNFCCC agreed to focus its technology development and transfer efforts to the patent system through two new subsidiary institutions: the Technology Mechanism and the Green Climate Fund (GCF). The chapter also describes a few of the alternatives to the patent system such as the Hartwell Paper, which offers a more indirect approach by harnessing coextensive social motivations to adopt carbon-free energy technologies.
International Dispute Settlement
Authors: Verheyen Roda , Zengerling Cathrin
Published: November 2016

This chapter discusses international dispute settlement in the context of climate change. It looks into where international disputes that relate to climate have been heard and those, such as the International Court of Justice (ICJ) and the International Tribunal for the Law of the Sea (ITLOS), which have the potential to hear such disputes. As it forms as the backbone of the international climate change regime, the United Nations Framework Convention on Climate Change (UNFCCC) is also analysed. The chapter gives special attention to the ITLOS as among its main potentials of becoming a forum for future climate change litigation are its jurisdiction on substantive international law with comparatively strong rules on use and protection of marine resources and the marine environment.
Climate Change and Damages
Authors: Voigt Christina
Published: November 2016

This chapter explores the legal understanding of climate change damages in public international law. It shows that international law has been dealing with transboundary damages since its inception. Damages, whether material or immaterial, have been subject to many inter-state disputes presided upon by international courts and tribunals. The United Nations Framework Convention on Climate Change established the Warsaw international mechanism for loss and damage to address loss and damage associated with impacts of climate change, including extreme events and slow onset events, in developing countries that are particularly vulnerable to the adverse effects of climate change, under the Cancún Adaptation Framework. The Warsaw international mechanism is also tasked with the promotion and the implementation of approaches addressing loss and damage associated with those adverse effects. The chapter also describes the growing trend of states who suffer from climate change seeking remedy from other states for their losses.
Human Rights and Climate Change
Authors: Cullet Philippe
Published: November 2016

This chapter investigates the interaction between individuals and states in the face of climate change. It looks into the points of intersection between climate change and human rights regimes by examining the extent to which the climate change regime has recognized and addressed the human rights dimensions of climate change. Indeed, climate change is but one of many global environmental issues and where the climate change regime is part of the corpus of international environmental law, it looks into the extent to which the debate on a right to environment can be used in the context of climate change. International environmental law includes instruments that embrace the human dimensions of environmental issues as reflected, for instance, in the definition of sustainable development adopted in the Johannesburg Declaration on Sustainable Development at the Johannesburg World Conference on Environment and Development.
Climate Change-related Displacement of Persons
Authors: McAdam Jane
Published: November 2016

This chapter examines the scope of existing international law to address ‘climate change-related displacement’, a term used to describe movement where the impacts of climate change affect mobility decisions in some way. It looks into the role of international refugee law, human rights law, and the law on statelessness in protecting people displaced by the impacts of climate change. The extent to which international law and international institutions respond to climate change-related movement and displacement depends upon: whether such movement is perceived as voluntary or forced; the nature of the trigger; whether international borders are crossed; the extent to which there are political incentives to characterize movement as linked to climate change or not; and whether movement is driven or aggravated by human factors, such as discrimination. The chapter also considers the extent to which existing principles on internal displacement provide normative and practical guidance.
Forestry and Agriculture under the UNFCCC
Authors: O'Sullivan Bob , Streck Charlotte
Published: November 2016

This chapter describes the current treatment of the land-use sector under the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol. It discusses how various financial incentive and accounting frameworks can complement each other under a future climate treaty. Despite recognizing the importance of forestry and agriculture, the climate change regime has failed to formulate incentives to encourage mitigation in the land-use sector while maintaining the ecological and social functions of landscapes. Unfortunately, the UNFCCC and the Kyoto Protocol only formulate a fragmented set of rules, incentives, and obligations. The Protocol considers forest emissions in developed countries, but fails to create incentives for the sector’s highest emissions reduction and carbon storage potential in developing countries. This phenomenon highlights the importance of a new future climate treaty. Its discussion creates an integrated accounting and incentive framework that facilitates the formulation of robust and complementary adaptation and mitigation strategies.
Climate Change and Disaster Law
Authors: Farber Daniel A.
Published: November 2016

This chapter looks into a specific dimension of adaptation to climate change—disaster risks. It reviews the prospects for increases in disaster risk due to climate change and considers arguments that governments have a duty under international law to respond to these increased risks. Climate change greatly accentuates disasters, putting even more stress on disaster response systems. The list of potential disasters is long, and includes heat waves, droughts, crop failures, wildfires, and outbreaks of illness. Besides the direct threats to human life and property, impacts on food supplies could be severe due to pests, water scarcity, diseases, and weather extremes. The chapter also addresses all phases of the disaster cycle: mitigation, emergency response, compensation, and rebuilding, with rebuilding completing the circle by including (or failing to include) mitigation measures to deal with the risk of another disaster event, and discusses how climate change intensifies problems at each stage.
Climate Change Policy and Law in China
Authors: Wang Alex L.
Published: November 2016

This chapter outlines China’s developing climate change response. The nation is the world’s largest emitter of greenhouse gases and the largest consumer of energy. China’s engagement in the international climate change negotiations can be divided into three phases: a ‘learning’ phase from 1989 to 1995; a shift toward more active participation between 1995 and 2007; and more comprehensive engagement on climate change domestically and internationally around the time of the UN Climate Conference in Bali in 2007. Shortly before the conference, Chinese authorities announced for the first time a comprehensive National Climate Change Program. It presented a range of existing policies created earlier to address other energy and environmental issues.
‘Do You See This?’ The Politics of Attention in Shakespearean Tragedy
Authors: Mullaney Steven
Published: November 2016

Affective agency, popular and performative sovereignty, the dissemination of a wide range of information and perspectives to the large part of the populace that could not access them through the written or the printed word—these are some of the conditions of possibility for the emergence of a genuine public sphere, composed of multiple and conflictual publics and counter-publics, in late sixteenth- and early seventeenth-century England. In theatre, however, it is the cognitive and affective agency of the audience that produces the critical social thought necessary for those publics to emerge. Tragedy is good to think with, as Rita Felski said of Greek tragedy. It is a form of embodied social and affective thought, produced at moments of ‘attention’ when an audience member might realize, make-real as well as make-conscious, that ‘I am involved’—a necessary participant in the political and public sphere.
Tragedy and Religion
Authors: Lake Peter
Published: November 2016

In the post-Reformation period the relationships between revenge and justice and between revenge and political resistance became newly pressing and problematic. This chapter argues that in his two revenge tragedies of the Elizabethan fin de siècle, Titus Andronicus and Hamlet, Shakespeare stages those relationships and the concomitant difficulties. In each case he was arguably using the temporal and geographical distance afforded him by the play's setting—in the case of Titus, a remote, wholly pagan, and entirely made-up Rome, and in the case of Hamlet an entirely foreign and temporally remote (albeit also remarkably contemporary) Denmark—in order to address questions that in the context of a play about recent English history might have proven a little too close to home. The two plays share certain central characteristics—Hamlet indeed might well be read as something of a reworking of Titus—and this chapter proceeds through a comparison between the two, organized around the central triad of revenge, religion, and resistance.
Minded Like the Weather
Authors: Paster Gail Kern
Published: November 2016

This chapter pursues two arguments about the body in King Lear—the matter of what, for the early moderns, went into the natural making of hard hearts, and the question of how to link natural cruelty to Lear’s embodied emotions in the storm. This argument involves the relation between the ethical implications of early modern cosmology and the play’s representation of emotions, especially the dark emotions that give rise to the evil characters’ manifest competition in cruelty—their hard-heartedness. Contrasts between the cruelty visited upon Lear by Goneril and Regan and the pain inflicted upon him by the storm will become part of the play’s representation of elemental nature, as that nature is reflected in human emotions, human behaviour, and the tempestuous physical world. In Shakespeare's representation of elemental nature Lear’s body becomes a representative tragic body.