bluuebunny/crossref_metadata_2025 huggingface dataset:
Irony performance and perception
Authors: Colston Herbert L.
Published: June 2017

Differing notions of things labeled as “irony”, and issues concerning their relative unity versus disunity are discussed. Accounts of verbal and situational irony in particular are considered as sharing the oft-mentioned but rarely agreed-upon form of contradiction that seems to potentially underlie all types of irony. This notion of contradiction is widened under the newly introduced umbrella term, “conjoined antonymy”, whereby contra-indicatedness is enhanced by the blatant and undeniable juxtaposition of the contradicting portions in ironic structures. Future directions for research exploring the variety if ironies and their commonality (and nuanced differences) are also proposed.
In defense of an ecumenical approach to irony
Authors: Willison Robert
Published: June 2017

The term “irony” has such a broad and apparently diverse range of application that it’s difficult for researchers to coordinate on a single, operational concept of their target of investigation, suitable for designing and interpreting experiments aimed at uncovering irony’s nature. Restrictive strategies for addressing this difficulty advocate restricting the target of empirical irony studies to some scientifically tractable subset of the phenomena “irony” picks out in ordinary language. Ecumenical approaches, in contrast, retain the ambition to account for “irony” across its apparently diverse range of usage. In this paper, I highlight the limitations of the best developed restrictivist approaches, throwing into relief the potential value of ecumenical strategies still in early stages of development.
Irony has a metonymic basis
Authors: Athanasiadou Angeliki
Published: June 2017

Irony often cooperates with many other figures like metonymy, metaphor, hyperbole, simile. Metonymy, is argued, constitutes the basis for irony. To this effect, two frequent types of constructions that exhibit irony are studied. The particular constructions that encourage and activate irony are the adjective-noun pair and the like-construction. In the former case, ironic evaluation is expressed by means of opposing scripts while in the latter, ironic evaluation is expressed by means of comparison where dissimilarity is evoked. In both cases, figuration is evoked by constructional aspects as well. Metonymy is the conceptual process which provides the foundation onto which irony, too, is built. It is highly responsible for the production and interpretation of ironic constructions.
Defaultness shines while affirmation pales
Authors: Giora Rachel , Meytes Dalia , Tamir Ariela , Givoni Shir , Heruti Vered , Fein Ofer
Published: June 2017

The Defaultness Hypothesis (Giora et al., 2015c) maintains that it is Defaultness that reigns supreme, superseding all factors known to affect processing initially, such as degree of Non/literalness, Nonsalience, Context strength, or Affirmation. Here we focus on weighing degree of Defaultness against degree of Affirmation. We show that, as predicted, processing default, salient responses to familiar Negatives is faster than processing nondefault, low-salience responses to less-familiar Affirmative counterparts. We further show that, despite benefitting from equally strong contextual support, default nonsalient Negative Sarcasm is processed faster than nondefault nonsalient Affirmative Sarcasm.1 Using linguistic and pictorial contexts, we also demonstrate that it is Defaultness that accounts for Nondefaultness’ appeal, rendering it optimally innovative and hence pleasing. It is Defaultness, then, that singlehandedly affects both processing speed as well as likability.
Politics in science
Authors: Wilson Timothy , Krizsán Attila
Published: June 2017

Intelligent design is a pseudoscientific concept conceived in an attempt to bring religion-based teaching into the classroom. As such, it is involved in a constant struggle for dialogic space with the dominant scientific discourse of the theory of evolution. Here, we use a corpus linguistic approach to study how intelligent design discourse uses engagement to forward its creationistic propositions and at the same time limit the propositions of the theory of evolution. The results suggest that intelligent design discourse employs engagement far more frequently than evolutionary biology discourse, mainly to counter opposing propositions and to entertain its own proposition in their stead. The underdog position of ID obligates it to highly modulated engagement in order forward its position, which is ultimately aimed at changing the political decision-making related to the teaching of science.
The hollow man
Authors: Lakoff Robin Tolmach
Published: June 2017

Donald J. Trump’s surprising victory in the 2016 American presidential election requires analysis: what brought it about, and what might it portend? This paper explores these and other questions: how have Trump’s victory and his communicative strategies compromised the culture’s notions of “truth” – via a continuum from “lie” through “post-truth,” “truthiness,” and “alternative facts” to “truth”? Is Trump – judging from his language and other communications – really a populist? And how are we to understand his many idiosyncrasies of discourse, as well as his supporters’ unwillingness to worry about them?
Putting Adpositions in Place
Authors: Takamine Kaori
Published: June 2017

This monograph explores the grammar of modifier PPs in Japanese, concentrating on their word order. The study argues that (i) modifier PPs are hierarchically arranged and (ii) there is an interesting fine-grained correlation between different PP types and Modal/Aspect functors which indicates that Temporal and Locative appear relatively freely with respect to a certain range of the Modal/Aspect functors in the middle field, whereas the rest of the PP types are more constrained in this respect. Unlike cartographic approaches to PPs (Schweikert 2005, Cinque 2006), the book adopts the working hypothesis that the fine-grained hierarchies can be derived in a constrained manner along the lines of Svenonius and Ramchand (2014) and proposes that the properties of the PPs characterized by (i) and (ii) can be captured in a sortal domain analysis. The book appeals to a linguistic audience interested in modifier syntax as well as in Japanese.
The Merge Condition on Adjuncts
Authors: Haddad Youssef A.
Published: June 2017

Discussion of merge as a feature-driven operation has predominantly focused on the restrictions on Set Merge, or substitution. This paper addresses the topic of Pair Merge, or adjunction. It suggests that Pair Merge is subject to a restriction called the Merge Condition on Adjuncts. While Set Merge is contingent on the feature specifications of the heads of the two merging elements, the Merge Condition on Adjuncts states that an adjunct must merge in accordance with the feature specifications of its own head. Two edge features are available: [+ Predicational] and [− Predicational]. Only the former forces the adjunct to function as an open predicate and to establish a predication dependency – or a subject-predicate relation – with an element in the matrix clause. This requirement is syntactic, and it overrides the semantic specifications of adjuncts. Support comes from adjunct control into circumstantial clauses in Lebanese Arabic.
Satire, humor and the construction of identities
Authors: Zekavat Massih
Published: June 2017

Satire, Humor and the Construction of Identities conveys how satire can contribute to the construction of social subjects’ identities. It attempts to provide a theoretical ground for a novel understanding of the relationship between satire and identity by finding their common denominator, namely opposition, in order to explain the mechanism through which satire can form identities. After establishing the role of opposition in satire and identity construction through a detailed analysis of various theories, it will be argued that satire can contribute to the construction of racial, ethnic, national, religious, and gender identities. Several examples from British, Persian, ancient Roman literary traditions, and different epochs illustrate the theoretical discussions. The prevalence of satire and the challenges that identity has encountered in our contemporary world guarantee the significance of this study and its socio-political implications.
Creole typology II
Authors: Daval-Markussen Aymeric , Bakker Peter
Published: June 2017

In the late 1950s, creolists started drawing lists of shared lexical and grammatical properties of creole languages. In this chapter, a number of proposals and features are presented. We show that few of the proposed common properties are in fact shared by all creoles. We also discuss typological studies in which samples of creoles are compared with samples of non-creoles. Creoles, despite their diversity, tend to cluster in a different pattern from non-creoles, even when non-European creoles are added, providing robust evidence for a creole typological profile. Finally, the chapter deals with the neglected area of diachronic aspects of creoles. No systematic surveys comparing language change in creoles and non-creoles have yet been conducted. The pre-existence of a pidgin phase is a plausible explanation for some of the major differences observed between creoles and non-creoles.
Similarities and differences among Iberian creoles
Authors: Sippola Eeva
Published: June 2017

This study provides an account of the classifications of Iberian creoles based on a phylogenetic network analysis of typological and lexical data. It maps the shared linguistic traits of these creoles and compares the differences between them. The results of the typological analysis support previous classifications, showing a clear division between Atlantic and Asian creoles, and the main subgroups are divided geographically. However, connections between the subgroups are less clear due to the degree of detail of the typological feature values. The similarities consist of typologically unmarked features that are shared with the lexifiers. The differences are a result of areal substrate and adstrate influence.
Afro-Hispanic varieties in comparison
Authors: Perez Danae M. , Sessarego Sandro , Sippola Eeva
Published: June 2017

This study examines the potential of phylogenetic analysis in the classification and comparison of Spanish contact varieties, with special focus on three Afro-Hispanic varieties spoken in South America. Our analysis is based on typological and dialectal comparative data. The results of the phylogenetic analysis show clear clusters of standard varieties and creole varieties, while the placement of other contact varieties in the network has to be interpreted in the light of the data collection methods and socio-historical information about the varieties.
Cognitive creolistics and semantic primes
Authors: Levisen Carsten , Bøegh Kristoffer Friis
Published: June 2017

This study presents a semantics-driven lexical comparison of 20 creole languages and five European lexifier languages. Breaking new ground into understanding creole semantics, it utilizes insights from both cognitive semantics (in particular, the Natural Semantic Metalanguage approach) and phylogenetic approaches to linguistics comparisons. We provide an extensive study of label-meaning correlations as a way of exploring the relationship between word labels and word meanings across creoles and lexifiers. We conclude that creoles are not simply “versions” of their lexifier languages, and that it is misleading to say that creoles are “based” on European languages in their basic lexical-semantic configuration. At the same time, we find that creoles do relate more closely to their historical lexifiers than to other creoles, and that the lexical-semantic perspective adds a new dimension to the typology of creoles, nuancing the pictures from grammar-based comparisons.
Ethno-racial identity (politics) by law: “Fraud” and “choice”
Authors: Pap Andras L.
Published: June 2017

Following an introduction to the changes in how ethno-racial identity is conceptualized in the social sciences and humanities by the destabilization of categorical frameworks, the author looks at how law reacts to these discussions and paradigm shifts, and argues that legal and administrative approaches face severe linguistic and conceptual limitations by operating within a “choice” and “fraud” binary. The article then questions if the free choice of identity exists as a principle of international minority protection law, a legal field that arguably represents a global political and ethical consensus. The author makes two claims. First, according to the basic tenet of legal logic, a proper right to free choice of identity allowing people to opt out of racial, ethnic, or national (minority) communities would necessitate the freedom to opt in to the majority or to any chosen group. The second claim, however, is that international law would not actually construct an approach to opting in. Thus, the right to free choice of identity is not an autonomous,sui generisright under international law.
Life History Migrations of Adult Yellowstone Cutthroat Trout in the Upper Yellowstone River
Authors: Ertel Brian D. , McMahon Thomas E. , Koel Todd M. , Gresswell Robert E. , Burckhardt Jason C.
Published: June 2017

Knowledge of salmonid life history types at the watershed scale is increasingly recognized as a cornerstone for effective management. In this study, we used radiotelemetry to characterize the life history movements of Yellowstone Cutthroat Trout Oncorhynchus clarkii bouvieri in the upper Yellowstone River, an extensive tributary that composes nearly half of the drainage area of Yellowstone Lake. In Yellowstone Lake, Yellowstone Cutthroat Trout have precipitously declined over the past 2 decades primarily due to predation from introduced Lake Trout Salvelinus namaycush. Radio tags were implanted in 152 Yellowstone Cutthroat Trout, and their movements monitored over 3 years. Ninety-six percent of tagged trout exhibited a lacustrine–adfluvial life history, migrating upstream a mean distance of 42.6 km to spawn, spending an average of 24 d in the Yellowstone River before returning to Yellowstone Lake. Once in the lake, complex postspawning movements were observed. Only 4% of radio-tagged trout exhibited a fluvial or fluvial–adfluvial life history. Low prevalence of fluvial and fluvial–adfluvial life histories was unexpected given the large size of the upper river drainage. Study results improve understanding of life history diversity in potamodromous salmonids inhabiting relatively undisturbed watersheds and provide a baseline for monitoring Yellowstone Cutthroat Trout response to management actions in Yellowstone Lake.

Received July 21, 2016; accepted March 25, 2017 Published online June 12, 2017
Diel Shifts in Microhabitat Selection of Steelhead and Coho Salmon Fry
Authors: Hines David , Liermann Martin , Seder Tiffany , Cluer Brian , Pess George , Schoenebeck Casey
Published: June 2017

Diel shifts in habitat selection of newly emerged steelhead Oncorhynchus mykiss and Coho Salmon O. kisutch fry were investigated in three northern California coastal watersheds. Steelhead and Coho Salmon fry occupied shallow water near stream margins during both day and night; however, the proportion of fry within 0.5 m of the stream margin increased from 6% during the day to 44% at night. Similarly, the proportion of fry in 10 cm of water or less increased from 26% during the day to 76% at night. Reductions in depth and distance to stream margins were significant at all sites, suggesting that these behaviors are common attributes for steelhead and Coho Salmon fry in this region. These results also suggest that newly emerged fry are potentially vulnerable to becoming stranded due to reductions in stream stage and water surface area, particularly at night. Although our observations were undertaken to better understand the risks to salmonids from vineyard water use for frost protection, the results have implications for any anthropogenic streamflow changes during the spring season.

Received September 6, 2016; accepted June 3, 2017Published online August 9, 2017
mTOR controls ChREBP transcriptional activity and pancreatic β cell survival under diabetic stress
Authors: Chau Gia Cac , Im Dong Uk , Kang Tong Mook , Bae Jeong Mo , Kim Won , Pyo Suhkneung , Moon Eun-Yi , Um Sung Hee
Published: June 2017

Impaired nutrient sensing and dysregulated glucose homeostasis are common in diabetes. However, how nutrient-sensitive signaling components control glucose homeostasis and β cell survival under diabetic stress is not well understood. Here, we show that mice lacking the core nutrient-sensitive signaling component mammalian target of rapamycin (mTOR) in β cells exhibit reduced β cell mass and smaller islets. mTOR deficiency leads to a severe reduction in β cell survival and increased mitochondrial oxidative stress in chemical-induced diabetes. Mechanistically, we find that mTOR associates with the carbohydrate-response element–binding protein (ChREBP)–Max-like protein complex and inhibits its transcriptional activity, leading to decreased expression of thioredoxin-interacting protein (TXNIP), a potent inducer of β cell death and oxidative stress. Consistent with this, the levels of TXNIP and ChREBP were highly elevated in human diabetic islets and mTOR-deficient mouse islets. Thus, our results suggest that a nutrient-sensitive mTOR-regulated transcriptional network could be a novel target to improve β cell survival and glucose homeostasis in diabetes.
ATF4 helps mitochondria pass the stress test
Authors: Short Ben
Published: June 2017

The transcription factor ATF4 coordinates the mitochondrial stress response in mammalian cells.
TLR7/8 activation in neutrophils impairs immune complex phagocytosis through shedding of FcgRIIA
Authors: Lood Christian , Arve Sabine , Ledbetter Jeffrey , Elkon Keith B.
Published: June 2017

Neutrophils play a crucial role in host defense. However, neutrophil activation is also linked to autoimmune diseases such as systemic lupus erythematosus (SLE), where nucleic acid–containing immune complexes (IC) drive inflammation. The role of Toll-like receptor (TLR) signaling in processing of SLE ICs and downstream inflammatory neutrophil effector functions is not known. We observed that TLR7/8 activation leads to a furin-dependent proteolytic cleavage of the N-terminal part of FcgRIIA, shifting neutrophils away from phagocytosis of ICs toward the programmed form of necrosis, NETosis. TLR7/8-activated neutrophils promoted cleavage of FcgRIIA on plasmacytoid dendritic cells and monocytes, resulting in impaired overall clearance of ICs and increased complement C5a generation. Importantly, ex vivo derived activated neutrophils from SLE patients demonstrated a similar cleavage of FcgRIIA that was correlated with markers of disease activity, as well as complement activation. Therapeutic approaches aimed at blocking TLR7/8 activation would be predicted to increase phagocytosis of circulating ICs, while disarming their inflammatory potential.
Recurrent rhinovirus infections in a child with inherited MDA5 deficiency
Authors: Lamborn Ian T. , Jing Huie , Zhang Yu , Drutman Scott B. , Abbott Jordan K. , Munir Shirin , Bade Sangeeta , Murdock Heardley M. , Santos Celia P. , Brock Linda G. , Masutani Evan , Fordjour Emmanuel Y. , McElwee Joshua J. , Hughes Jason D. , Nichols Dave P. , Belkadi Aziz , Oler Andrew J. , Happel Corinne S. , Matthews Helen F. , Abel Laurent , Collins Peter L. , Subbarao Kanta , Gelfand Erwin W. , Ciancanelli Michael J. , Casanova Jean-Laurent , Su Helen C.
Published: June 2017

MDA5 is a cytosolic sensor of double-stranded RNA (ds)RNA including viral byproducts and intermediates. We studied a child with life-threatening, recurrent respiratory tract infections, caused by viruses including human rhinovirus (HRV), influenza virus, and respiratory syncytial virus (RSV). We identified in her a homozygous missense mutation in IFIH1 that encodes MDA5. Mutant MDA5 was expressed but did not recognize the synthetic MDA5 agonist/(ds)RNA mimic polyinosinic-polycytidylic acid. When overexpressed, mutant MDA5 failed to drive luciferase activity from the IFNB1 promoter or promoters containing ISRE or NF-κB sequence motifs. In respiratory epithelial cells or fibroblasts, wild-type but not knockdown of MDA5 restricted HRV infection while increasing IFN-stimulated gene expression and IFN-β/λ. However, wild-type MDA5 did not restrict influenza virus or RSV replication. Moreover, nasal epithelial cells from the patient, or fibroblasts gene-edited to express mutant MDA5, showed increased replication of HRV but not influenza or RSV. Thus, human MDA5 deficiency is a novel inborn error of innate and/or intrinsic immunity that causes impaired (ds)RNA sensing, reduced IFN induction, and susceptibility to the common cold virus.
Ch.4 The Council Convenes
Authors: Loraine Sievers , Sam Daws
Published: June 2017

This chapter looks at how a Security Council meeting is convened. With the exception of the ‘periodic meetings’ stipulated in the UN Charter, the President is — given certain qualifications — at liberty to make the call for a meeting to convene. The chapter then defines the term ‘agenda’ in the context of the Council, as well as the rules and rule exceptions surrounding the debate of a topic. It must be noted that ‘agenda’ carries a dual meaning within this context — as the first item of business for each meeting, and as a reference to a matter listed under consideration of the Council in the Summary Statement of matters of which the Security Council is seized. The latter is discussed in more depth further on in the chapter, along with other conventions for a typical Council meeting.
Ch.6 Voting
Authors: Loraine Sievers , Sam Daws
Published: June 2017

This chapter illustrates how voting in the Security Council is carried out. The UN Charter provides that each member of the Security Council shall have one vote, that the decisions of the Council on procedural matters must be affirmed by a vote from nine members, that Council decisions on all other matters shall be made by an affirmative vote of nine members including the concurring votes of the permanent members under certain provisions, among others. To that end, the chapter discusses further regulations that facilitate the voting process itself; such as procedures laid in place in the case of vetoes, an insufficient number of affirmative votes, voting on particular areas, interruptions, abstentions, absences, outright non-participation, as well as the processes for the finalisation of the vote.
Ch.7 Decisions and Documents
Authors: Loraine Sievers , Sam Daws
Published: June 2017

This chapter discusses the procedures for coming to a consensus within the Security Council and communicating the decision to the broader public. The term ‘decision’ within this context also carries multiple meanings, and when applied in its narrowest sense is used to denote only those decisions of the Council which are intended to be mandatory or binding, as opposed to recommendations, exhortations, or expressions of opinion. Communications also possesses multiple definitions under the Council, as it is a complex and politically sensitive area of the Security Council's practice. Written communications are a primary means by which UN Member States and non-Member States bring disputes or situations ‘to the attention of’ the Security Council or the General Assembly. Another category obligates Member States to report immediately to the Council on measures taken in the exercise of the right of individual or collective self-defence if an armed attack occurs.
Ch.10 Concluding Reflections
Authors: Loraine Sievers , Sam Daws
Published: June 2017

This concluding chapter reflects on the insights made in the preceding chapters, which themselves reveal that the procedures of the Security Council are extensive, complex, versatile, and progressive. But of course, Council procedures have also been met with criticism. Dissatisfaction with the procedures of the Security Council was one key element which led to a heightened interest in Security Council reform. However, the Council has in fact made a serious and sustained effort to adopt new methods to render its proceedings more efficient and effective, though its improvements have been underestimated. The dialogue over the Council's working methods can thus become more productive if the Security Council members and the wider UN membership keep in mind their shared interest in the effective implementation of effective decisions by the Council.
kmerPyramid: an interactive visualization tool for nucleobase and k-mer frequencies
Authors: Kruppa Jochen , van der Vries Erhard , Jo Wendy K , Postel Alexander , Becher Paul , Osterhaus Albert , Jung Klaus
Published: June 2017

Bioinformatics methods often incorporate the frequency distribution of nulecobases or k-mers in DNA or RNA sequences, for example as part of metagenomic or phylogenetic analysis. Because the frequency matrix with sequences in the rows and nucleobases in the columns is multi-dimensional it is hard to visualize. We present the R-package ‘kmerPyramid’ that allows to display each sequence, based on its nucleobase or k-mer distribution projected to the space of principal components, as a point within a 3-dimensional, interactive pyramid. Using the computer mouse, the user can turn the pyramid’s axes, zoom in and out and identify individual points. Additionally, the package provides the k-mer frequency matrices of about 2000 bacteria and 5000 virus reference sequences calculated from the NCBI RefSeq genbank. The ‘kmerPyramid’ can particularly be used for visualization of intra- and inter species differences.

Availability and implementation

The R-package ‘kmerPyramid’ is available from the GitHub website at https://github.com/jkruppa/kmerPyramid.

Supplementary information

Supplementary data are available at Bioinformatics online.
What Limits the Distribution of Liriomyza huidobrensis and Its Congener Liriomyza sativae in Their Native Niche: When Temperature and Competition Affect Species’ Distribution Range in Guatemala
Authors: Rodríguez-Castañeda G. , MacVean C. , Cardona C. , Hof A. R.
Published: June 2017

Factors limiting distribution range for most species are generally unknown regardless of whether they are native or invasive. We studied factors that could enable or restrict the distribution of two cosmopolitan invasive leafminer fly species, Liriomyza huidobrensis (Blanchard) and Liriomyza sativae (Blanchard) in their native niche. In order to test which ecological and environmental factors affect leafminer distribution we conducted thermal tolerance assays, sampled along elevation gradients and modeled species distribution. Findings from the field and rearing chambers showed a physiological restriction due to high temperatures for L. huidobrensis at 28–29 °C, above which adult emergence is compromised. We also found that maximum temperatures below 22 °C, typical of tropical highlands, favored L. huidobrensis. L. sativae was found across a wider temperature range (i.e., from 21 to 36 °C) in Guatemala. Our finding of a physiological threshold in temperature for L. huidobrensis may enable us to predict its invasive risk when combined with the environmental conditions at horticultural ports of entry and the global agricultural landscape. Further, it strengthens our predictions on shifts in distribution of the leafminer fly under future climate. We also found a temperature mediated competitive exclusion interaction between the two herbivore species, where L. sativae occurred at temperatures < 22 °C only in the absence of L. huidobrensis. We show that parasitoids had a negative effect on the leafminer flies, which varied with host plant. Finally, we show the importance of taking a multiaspect approach when investigating what limits distribution and invasiveness of a species.
I The Constitutional Court, 2 The Constitutional Court: Rules and Model
Authors: Vittoria Barsotti , Paolo G Carozza , Marta Cartabia , Andrea Simoncini
Published: June 2017

This chapter succinctly introduces the reader to the composition, jurisdictional scope, and methods of judicial review in Italy. Using both direct and incidental methods of judicial review, the Italian system combines certain elements of centralized systems (like the Austrian paradigm of Hans Kelsen) with elements of diffuse systems of review like that of the United States. The chapter highlights the highly collegial structure and process of the Court. Overall, the cooperative and multilevel character of Italian constitutional adjudication emerges as its most distinctive contribution to our understanding of the range of the varieties of constitutional models and experiences in the world.
I The Constitutional Court, 3 Forms and Methods of Judicial Reasoning
Authors: Vittoria Barsotti , Paolo G Carozza , Marta Cartabia , Andrea Simoncini
Published: June 2017

Forms and methods of constitutional interpretation are less divisive in Italy than in the United States. In this chapter the interpretive style of the ItCC is described as “syncretistic” or “integrated” because the Court uses a combination of many different approaches to constitutional interpretation. The ItCC interprets the Constitution as a whole, as an integrated system, avoiding the fragmented interpretation of a single provision detached from the context and relationship with other principles, rules, and rights inscribed in the Constitution. This chapter also focuses on the concepts of reasonableness and proportionality, which are used synonymously in a way that is ancillary to many other constitutional principles, making them pervasive in constitutional adjudication. This chapter also studies the types of decisions of the constitutional court and their overall effects.
Constitutionalism, Human Rights, and Islam after the Arab Spring
Authors: Rainer Grote , Tilmann J Röder
Published: June 2017

This book offers a comprehensive analysis of the impact that new and draft constitutions and amendments—such as those in Jordan, Morocco, Syria, Egypt, and Tunisia—have had on the transformative processes that drive constitutionalism in Arab countries. The authors aim to identify and analyze the key issues facing constitutional law and democratic development in Islamic states, and offer an in-depth examination of the relevance of the transformation processes for the development and future of constitutionalism in Arab countries. Using an encompassing and multi-faceted approach, this book explores underlying trends and currents that have been pivotal to the Arab Spring, while identifying and providing a forward looking view of constitution making in the Arab world. In its analysis, this book also includes country-specific case studies on the relationship between Islam and the rule of law and human rights, within contemporary Islamic societies and offers an in-depth comparison of Arab Spring constitutionalism to the models of constitutionalism around the world.
Part Two Rights, 3 Dignity and Autonomy
Authors: Manuel José Cepeda Espinosa , David Landau
Published: June 2017

This chapter provides excerpts of the Colombian Constitutional Court’s case law on dignity and autonomy. Like some European legal orders, Colombian constitutionalism is centered on the protection of human dignity, understood as the protection of a minimum level of subsistence (see Chapter 6), as well as broad respect for human autonomy in fundamental choices. It covers the jurisprudence of the Court legalizing possession of a personal dose of drugs as well as euthanasia, protecting the decisional autonomy of children in a school setting, protecting the autonomy and dignity of intersex children, and legalizing abortion in certain circumstances. These topics are noteworthy because they demonstrate the Court’s insistence on protecting human autonomy within a historical context that has often sacrificed the individual for the collective.
Part Two Rights, 7 The Rights of Victims and Transitional Justice
Authors: Manuel José Cepeda Espinosa , David Landau
Published: June 2017

Because of the scope and duration of Colombia’s internal armed conflict, that conflict has produced much suffering in the civilian population. This chapter focuses on the Court’s jurisprudence protecting the rights of victims, especially of the internal armed conflict. In this area, the incorporation of international law has been particularly important. Drawing on this jurisprudence, the Court has insisted that victims be given rights to truth, justice, and reparations. The contours of this right have proven particularly important in processes in which the government has sought to give amnesties or sentence reductions in return for participation in the peace process by illegal armed groups, first with paramilitaries and now with guerrilla groups. In reviewing these frameworks, the Court has sought to create criteria that are flexible while retaining the core restrictions of international human rights law and international humanitarian law.
Part Two Rights, 8 The Rights of Indigenous Peoples
Authors: Manuel José Cepeda Espinosa , David Landau
Published: June 2017

The Colombian Constitution of 1991 sets up an extensive set of indigenous rights, in order to protect the cultural autonomy of groups that have historically been repressed throughout most of Latin America. This chapter reviews the case law of the Colombian Constitutional Court on that topic. It considers the interpretation of provisions giving indigenous communities autonomy in their justice system and other internal affairs. Applying these provisions, the Court has allowed non-traditional punishments such as whipping, so long as they did not fall afoul of fundamental precepts of international or constitutional law. This chapter also includes a review of the Court’s extensive jurisprudence on the right of indigenous communities to prior consultation before economic or governmental projects are undertaken on their lands.
Part Three The Separation of Powers, 10 The Congress: Problems of Abdication and Deliberation
Authors: Manuel José Cepeda Espinosa , David Landau
Published: June 2017

Just as the Colombian president has historically been very strong, the Colombian Congress has historically played a relatively minor role in the conduct of national policy. The 1991 Constituent Assembly sought to rationalize congressional behavior and give it a more substantial role. However, problems of legislative corruption and dysfunctionality have persisted. This chapter reviews the Court’s attempts to police the scope of congressional inviolability, limit congressional delegation to the executive, and incentivize and ensure adequate legislative deliberation in the lawmaking process. This jurisprudence has sought to alter legislative behavior and ensure that laws are a product of adequate social deliberation, thus improving the role of the Colombian Congress in public life.
Part Four Constitutional Change, 11 Constitutional Amendment and the Substitution of the Constitution Doctrine
Authors: Manuel José Cepeda Espinosa , David Landau
Published: June 2017

The 1991 Constitution sets up a relatively flexible system of constitutional change, which can be activated through several different routes. The Constitution has thus been frequently amended since its enactment. The Colombian Constitutional Court has been aggressive in policing the tools of constitutional change. It has been meticulous in ensuring that amendments follow the proper congressional procedures, and in the case of amendments via referendum it has ensured that questions are sufficiently clear and do not bias voters toward certain answers. Most significantly, the Court had developed a substitution of the constitution doctrine, where it has struck down some constitutional amendments on the ground that they replaced core provisions of the existing constitution, rather than merely changing them. This doctrine was most famously used in a case striking down a constitutional amendment that would have allowed the popular president Alvaro Uribe to run for a third straight term.
Modern Applications of the General Principles of Law
Authors: Kotuby Jr Charles T , Sobota Luke A
Published: June 2017

The purpose of this chapter is to define the general principles of law as they have been applied in national courts and international tribunals. For instance, the very concept of the law requires good faith adherence to contractual obligations (pacta sunt servanda) and the good faith exercise of legal rights. States as well as private parties are also precluded from contradicting their actions (estoppel) or abusing their rights, thereby defeating the legitimate expectations of another. Nor may they benefit from their own wrong or be unjustly enriched at another’s expense. All parties are liable for acts caused by and attributable to them, and the concept of responsibility requires that the consequences of their wrongful act be wiped out. In their various iterations and permutations, these exemplary principles are the logical consequences of the rule of law and the foundation of every legal order.
Epilogue
Authors: Kotuby Jr Charles T , Sobota Luke A
Published: June 2017

Private international law usually does its part to resolve transnational disputes by pointing parties to the proper forum and the proper law. Its rules are adjectival and rarely provide the ultimate solution to a dispute. But in order to play a more meaningful role in aiding the resolution of modern transnational disputes, the authorities that encompass the rules of private international law might also play a role in determining the substance of the applicable municipal law. In this vein, the “general principles of law recognized by civilized nations” may provide a rich reserve of normative principles on which private international law may draw to interpret, define, and even correct the governing municipal law. These principles are, after all, borne from a distillation and consensus of municipal laws, and they have been fashioned as positive law to function on the international plane. In a transnational case, involving litigants from differing legal traditions, a solution premised on international rather than municipal principles should be preferred given the competing interests of the two foreign parties to the dispute. Private international law scholars and municipal judges might be best suited to explicate and elevate this source of law with the rigor that is needed to ensure its vitality and applicability to modern transnational disputes.
Ch.2— Financial Collateral: From Private to Regulatory Law Reform
Authors: Thomas Keijser , Guy Morton , Marcel Peeters
Published: June 2017

This section of the noter-up complements Transnational Securities Law by Thomas Keijser and discusses updates which relate to financial collateral. These include the following subject areas: Collateral agreement; Bank resolution and insolvency; and Security interest.
Ch.4— The Geneva Securities Convention and UNCITRAL Texts on Secured Transactions Compared
Authors: Spyridon V Bazinas
Published: June 2017

This section of the noter-up complements Transnational Securities Law by Thomas Keijser and discusses updates which relate to comparing the Geneva Securities Convention and UNCITRAL texts on the subject of secured transactions. These include the following subject areas: Geneva Securities Convention; Security interest; Securities account; Hague Securities Convention; and Enforcement.
Ch.6— Corporate Actions in the Intermediated System: Bridging the Gap between Issuer and Investor
Authors: Nora Rachman , Maria Vermaas
Published: June 2017

This section of the noter-up complements Transnational Securities Law by Thomas Keijser and discusses updates which relate to the investor-issuer relationship in the intermediated system. These include the following subject areas: Voting; Intermediated securities; Central Securities Depository (CSD); Securities settlement system; and Banks and cross-border issues.
2 Facts of State
Authors: F A Mann
Published: June 2017

The facts, circumstances, and events which lie at the root of foreign affairs and their conduct by the Executive have conveniently been described as facts of State. These are facts which are peculiarly within the cognisance of the Executive. For this reason, at any rate in so far as they are within the scope of the United Kingdom's Executive, they can be proved only in a special manner, namely by a certificate issued by the Foreign and Commonwealth Office or by a statement made to the court by the Attorney-General rather than by other documentary or oral evidence. The idea underlying this practice is the familiar one: in matters relating to foreign affairs the judiciary and the Executive should speak with one voice. The scope of prerogative power is discussed, covering territory; state of war, belligerency, and neutrality; civil war or insurgency, immunity, abolition of a state, and government of a recognized state.
6 Customary International Law
Authors: F A Mann
Published: June 2017

If the status of customary international law corresponded to that of conventional international law (or treaties), the courts might, to some extent consider and have regard to it, but they could not apply or give effect to it as law except after incorporation by Act of Parliament. The application of customary international law is not dependent upon previous parliamentary sanction. No doctrine of transformation applies to customary international law. Such law is, however, dependent upon judicial sanction. This cannot be given and international law, therefore, cannot be applied where it would conflict with legal rules binding upon the court, whether they be statutory or judge-made. But where there is no such restraint, where the court is free to find and form the law, it may and probably must apply international law which in such a case becomes directly applicable and thus incorporated into and adopted by English law.
8 Public Policy
Authors: F A Mann
Published: June 2017

Comity is no less inappropriate when it is used as an equivalent to or an explanation of public policy in connection with foreign relations. If one adopts the standard of public policy it must also be said at the outset that English courts cannot and should not reject a legal consequence on the sole ground that it might embarrass the Executive in its foreign relations, nor can or should the courts give effect to a proposition merely because the Executive approves of it or would be protected from embarrassment. Public policy is at the bottom of the law relating to the use in English proceedings of documents in which a foreign State has an interest. It is public policy that determines the nature and extent of the privilege to which such documents are entitled.
9 The Foreign Act of State
Authors: F A Mann
Published: June 2017

Public policy dominates one of the most difficult and most perplexing topics which, in the field of foreign affairs, may face the municipal judge in England: the doctrine of the foreign act of State displays in every respect such uncertainty and confusion and rests on so slippery a basis that its application becomes a matter of speculation. It is, therefore, necessary to discuss the history and development of the doctrine in England and the United States; its present meaning and effect in England; its scope; its legal character and justification. It is shown that the implications of the doctrine in England and the United States of America are so interwoven that much attention will have to be given to the law in the latter country.
Authors: Nottage Luke
Published: June 2017

This commentary focuses on Article 2.1.3 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the withdrawal of an offer. An offer becomes effective when it reaches the offeree. An offer, even if it is irrevocable, may be withdrawn if the withdrawal reaches the offer before or at the same time as the offeree. Like the principle in Art 2.1.3(1) PICC, most national legal systems also recognize the principle in Art 2.1.3(2) that an offer does not remain effective if received before or at the same rime as the offer is withdrawn. The latter principle protects the offeror's freedom to change its mind and not enter into a contract at all, or only on any subsequently proposed terms. This is consistent with a classical or neoclassical model of contract law and creates quite a high threshold for entering into binding contracts. The party alleging an offer has the burden of proof to establish that it has been received. This can be rebutted by the other party.
Authors: Anderson Ross G
Published: June 2017

This commentary focuses on Article 2.1.8 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning acceptance of an offer within a fixed period of time and how such time is to be calculated. Art 2.1.8 stipulates that a period of acceptance fixed by the offeror begins to run from the time that the offer is dispatched. A time indicated in the offer is deemed to be the time of dispatch unless the circumstances indicate otherwise. In general, deadlines for acceptance may be either absolute or relative. Art 2.1.8 is concerned only with relative deadlines, for only relative deadlines leave anything for calculation. In cases where the offer has arrived but its date is manifestly wrong, it may be sufficient to lead evidence of the probability of the date of dispatch by working back from the date of delivery.
Authors: Anderson Ross G
Published: June 2017

This commentary focuses on Article 2.1.12 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning written confirmations. Art 2.1.12 stipulates that if a writing which is sent within a reasonable time after the conclusion of the contract and which purports to be a confirmation of the contract contains additional or different terms, such terms become part of the contract, unless they materially alter the contract or the recipient, without undue delay, objects to the discrepancy. This commentary discusses silence as acceptance of new terms, issues arising from incorporation of a choice of law or arbitration clause into the contract, consequences of failure to object to the written confirmation, and burden of proof of the party invoking the terms of the contract as stated in the confirmation.
Authors: Naudé Tjakie
Published: June 2017

This commentary focuses on Article 2.1.20 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning so-called surprising terms. Art 2.1.20 stipulates that no term contained in standard terms which is of such a character that the other party could not reasonably have expected it, is effective unless it has been expressly accepted by that party. In determining whether a term is of such a character regard shall be had to its content, language and presentation. Art 2.1.20 is an exception to the rule that a party which accepts the standard terms of the user is in principle bound by them, irrespective of whether it actually knows their contents. In this sense, it reflects the general principle of good faith and fair dealing. This commentary discusses express acceptance of surprising terms as required by Art 2.1.20, along with the burden of proof relating to such terms.
Authors: Krebs Thomas
Published: June 2017

Article 2.2.1 provides an overview of the scope of Section 2.2 of the UNIDROIT Principles of International Commercial Contracts (PICC), which deals with authority of agents. Section 2.2 governs the authority of a person (‘the agent’), to affect the legal relations of another person (‘the principal’), by or with respect to a contract with a third party, whether the agent acts in its own name or in that of the principal. It governs only the relations between the principal or the agent on the one hand, and the third party on the other. This commentary discusses legal relations ‘by or with respect to a contract’, authority to affect the legal relations of another person, agent acting in its own name or in that of the principal, internal aspects of agency, and exclusion of agency by operation of law.