bluuebunny/crossref_metadata_2025 huggingface dataset:
Social Engineering through Sharī'a: Islamic Law and State-Directed Da'wa in Contemporary Aceh
Authors: Feener R. Michael
Published: November 2012

This study of the contemporary Islamic legal system in Aceh, Indonesia argues for new attention to be paid to the ways in which contemporary Muslim agendas for the implementation of Islamic law can be read as projects for future-oriented social transformation—rather than as a series of reactive measures to perceived 'crises of modernity' and/or the political machinations of rival elites in contesting control of state power. In doing so it highlights the ways in which the ideals of, and institutional formations developed by, proponents of Islamic law are configured in relation to a broad range of non-Muslim modernist projects, including European and American theories of the sociology of law. Through examinations of these influences on discussions of Islamic law in Aceh, this essay demonstrates the degrees to which contemporary Sharīa implementation is inextricably linked to broader configurations of law, moral authority, and state power in the modern global order.
“Taking the Gravel Road”: Educational Aspirations of Working Class Malay Youths
Authors: Adzahar Fadzli Bin Baharom
Published: November 2012

Abstract

Applying Bourdieu’s theoretical framework on the correspondence between mental structures and social structures, this paper examines the persistence of educational underachievement among working class Malay youths in Singapore. Accordingly, my first objective is to document the social structure, namely a largely working class neighbourhood where these Malay youths have grown up. My second aim is to analyse how everyday cultural practices and interactions among peers in the neighbourhood significantly reinforced these youths’ levelled aspirations. I maintain that by believing in ‘taking the gravel road’, which is symbolically rough, uneven and uncertain, these youths justified the irrelevance of doing well in school. Succinctly, this essay demonstrates the close correspondence between the perceptions of the odds of success and the educational underperformance of the Malay youths. Hence, this paper would be of interest to scholars in the Malay Peninsula, as well as experts concerned with the intertwining of education with class and ethnicity.
Reproductive biology of Argis lar from the East Sea of Korea (Decapoda, Natantia)
Authors: Seok Seo Young , Park Hye-Min , Oh Chul-Woong
Published: November 2012

We studied the reproductive biology of Argis lar from the East Sea of Korea, based on a total sample of 4172 shrimp collected over a 12 month period. The sample included 40 males (size range: 9.91-24.11 mm carapace length, CL), 2797 non-ovigerous females (size range: 7.22-38.33 mm CL), and 1335 ovigerous females (size range: 19.70-37.43 mm CL); size differed significantly among the three groups. Ovigerous females occurred during every month of the year, in varying percentages, with a minimum abundance of 2.48% in August; the extended reproductive period indicates that multiple spawnings occur during the year. All ovarian stages were present in non-ovigerous females, whereas only spent ovarian stages were present in ovigerous females. Two modes were present in the abundances of females at each ovarian stage. In the first mode, females at the mature ovarian stage were most abundant in September (61.98%) and females in the spent ovarian stage were most abundant in November (32.52%). In the second mode, females at the ripe ovarian stage were most abundant in December (62.96%) and females at the spent ovarian stage were most abundant in March (66.00%). The gonadosomatic indices of non-ovigerous females and ovigerous females varied significantly by month. The percentages of ovigerous females with eggs at different stages of development were: non-eyed eggs, 32.06%; eyed eggs, 25.69%; and hatching eggs, 42.05%. Females with hatching eggs occurred from November to June. The relationships between CL and ovary weight differed significantly between ovigerous females with eggs in the non-eyed and eyed stages. Our results indicate that the highest indices of reproductive potential (IRP) occurred in females in the 29.1-31.0 mm CL size class (IRP = 405).
First reports of deep-water hermit crabs Parapagurus Smith, 1879 (Decapoda, Parapaguridae) and coelenterate associates from the Mid-Atlantic Ridge and South Atlantic
Authors: Cardoso Irene , Lemaitre Rafael
Published: November 2012

Three species of deep water hermit crabs of the genus Parapagurus Smith, 1879, family Parapaguridae, were collected in the South Atlantic during studies of the fauna and ecology of the Mid-Atlantic Ridge, a seamount chain that is an important habitat, feeding ground, and site of reproduction for many open ocean and deep-sea species. The three species collected, P. abyssorum (Filhol, 1885), P. nudus (A. Milne-Edwards, 1891), and P. pilosimanus Smith, 1879, are known to range broadly in the Atlantic, but only one, P. pilosimanus, was previously reported from the South Atlantic. Thus, P. abyssorum and P. nudus are reported for the first time from the Mid-Atlantic Ridge and the South Atlantic. These three species live in association with zoanthids or actinians that produce carcinoecia and serve as housing. The carcinoecia found with the specimens are also reported.
Changes in metabolites in plant roots after inoculation with Meloidogyne incognita
Authors: Campos Viviane Aparecida Costa , Machado Alan Rodrigues Teixeira , Oliveira Denilson Ferreira , Campos Vicente Paulo , Chagas Rafael César Russo , Nunes Alexandro Silva
Published: November 2012

The study of the metabolic variations in plant roots up to 96 h after their inoculation with second-stage juveniles (J2) of Meloidogyne incognita revealed that soybean cultivars resistant to this nematode produced more soluble phenols and alkaloids. In tomato plants the resistance to M. incognita correlates with the production of soluble phenols, the concentrations of which were always higher in the resistant cultivar. For common bean plants the production of soluble carbohydrates, especially sucrose, increased after their inoculation. However, the extracts of roots from plants resistant to M. incognita did not increase the in vitro mortality of J2.
Validation of Rhabditolaimus Fuchs, 1914 (Nematoda: Diplogastridae) supported by integrative taxonomic evidence
Authors: Susoy Vladislav , Herrmann Matthias
Published: November 2012

Rhabditolaimus leuckarti, type species of Rhabditolaimus, was isolated from its type host, Hylobius abietis (Coleoptera: Curculionidae), at several locations in central Europe. The position of the species among other diplogastrid nematodes was revised using morphological characters and molecular phylogenetic analysis. The revealed common apomorphic features and the inferred evolutionary tree strongly indicates a close relationship between R. leuckarti and Myctolaimus. Our findings suggest that the historical classifications do not reflect the natural relationships of some diplogastrid taxa. Therefore, we reject all previous synonymisations of Rhabditolaimus and consider it to be valid within the Diplogastridae. Five species are transferred from Diplogasteroides to Rhabditolaimus. Myctolaimus sensu lato is regarded as a junior synonym of Rhabditolaimus and the following new combinations are proposed: R. anoplophorae comb. n., R. carolinensis comb. n., R. curzii comb. n., R. dendrophilus comb. n., R. erectus comb. n., R. goodeyi comb. n., R. inevectus, comb. n., R. kishtwarensis comb. n., R. macrolaimus comb. n., R. nacogdochensis comb. n., R. neolongistoma comb. n., R. pellucidus comb. n., R. platypi comb. n., R. rifflei comb. n., R. robiniae comb. n., R. ulmi comb. n., R. vitautasi comb. n., R. walkeri comb. n. and R. zamithi comb. n.
How are nematode communities affected during a conversion from conventional to organic farming in southern French vineyards?
Authors: Coll Patrice , Coll Patrice , Le Cadre Edith , Coll Patrice , Le Cadre Edith , Villenave Cécile
Published: November 2012

The rate of conversion from conventional vineyards to organic farming practices is increasing. Organic farming improves some soil properties, although some organic practices have negative effects on soils. The objective of this work was to study the long-term effects of organic farming through the use of soil nematodes as bio-indicators of soil processes. Our experimentation was conducted in a commercial vineyard where plots belonged to two types of viticulture: conventional viticulture and organic viticulture (for 7, 11 and 17 years). The nematode community structure and nematode indices were determined. The main result was that organic practices increased soil nematode density. An increase in the available resources, as measured by a higher enrichment index (EI), led to an increase in the microbial feeder density and mainly opportunistic fungal-feeding nematodes. A greater density of plant-feeding nematodes was attributed to the presence of a grass cover. The functioning of the soil was shifted with the decomposition channel of the soil organic matter becoming more fungal than bacterial. Even though changes were observed in the nematode community structure following the conversion, the maturity index (MI), the plant-parasitic index (PPI) and the structure index (SI) remained constant. Consequently, the organic practices did not improve the soil food web length or complexity even though the biological activity, as measured by microbial biomass and total nematode density, increased.
Testudinema gilchristi n. gen., n. sp. (Nematoda: Monhysteridae) from the perianal folds of stinkpot turtles, Sternotherus odoratus (Testudines), USA
Authors: Abebe Eyualem , Abebe Eyualem , Sharma Jyotsna , Abebe Eyualem , Sharma Jyotsna , Mundo-Ocampo Manuel , Abebe Eyualem , Sharma Jyotsna , Mundo-Ocampo Manuel , Platt Thomas R.
Published: November 2012

Examination of perianal folds of stinkpot turtles, Sternotherus odoratus, from Virginia, USA, revealed several monhysterid nematodes. The general morphological characteristics of this population, such as circular amphids, unstriated cuticle under light microscope, single outstretched ovary, single testis, caudal glands, terminal spinneret and the absence of an apophysis on the gubernaculum, with the exception of the position of the gonad in relation to the intestine, shows the affinity of this population to the Monhysteridae. Microscopic observations of the inner stoma show three (one dorsal and two ventro-sublateral) buccal wall extensions towards the lumen and numerous (ca 50) distinct denticles on its wall. Because this stoma structure is a morphological novelty within the Monhysterida and this is the first monhysterid group associated with perianal folds of turtles, we propose to establish Testudinema n. gen. within the Monhysteridae to accommodate this morphologically distinct population. We provide a detailed comparison with known monhysterid genera including those that possess a cup-shaped stoma, stoma with denticles or those genera reported to be commensals (Gammarinema, Monhystrium, Tripylium, Odontobius). Stinkpot turtles feed on benthic fauna and may acquire these commensals when the sediment is disturbed. The denticles and structure of the buccal cavity could be morphological adaptations for transition to ecto-parasitism.
Ecology of the dorylaimid omnivore genera Aporcelaimellus, Eudorylaimus and Mesodorylaimus
Authors: McSorley Robert
Published: November 2012

Eudorylaimus, Aporcelaimellus and Mesodorylaimus are dominant members of the omnivorous nematode fauna in Florida, USA. Ecological studies that included numerical data on these genera were reviewed to determine key aspects of their ecology and behaviour. These three genera were also the dominant omnivores in many parts of Europe and often occurred together. Multiple species within genera may be present in samples as well. Although results varied with habitat, these omnivores were present in nearly all stages of succession but often reached their greatest numbers in later stages of succession such as old-growth forests. They also showed remarkable adaptation to extreme environments, including Antarctic habitats, dune sands and temperate sites without vegetation. They were found in a variety of soil types but limited by soil pH < 4.0. Compared with other nematode taxa, they were among the genera most sensitive to moisture levels in sandy soils and to pollution by heavy metals. Some reports also indicated adverse impacts from inorganic fertilisers and other agrichemicals. Much remains unknown about the ecology of these common nematodes, which are widely distributed in soil ecosystems.
Heterogeneity and Democracy Reconsidered
Authors: Lauth Hans-Joachim , Kneip Sascha
Published: November 2012

Abstract

The relationship between heterogeneity and democracy is complex and manifoldly interwoven. The increasing heterogenisation of democratic societies seems to be the most apparent internal challenge to modern democracies, manifesting at least in two dimensions: culturally as ethnic and religious heterogenisation and structurally as socioeconomic and social heterogenisation. Following this distinction, democratic societies today are particularly facing identity-based and interest-based differences that often result in conflicts about recognition and resources. In this article these challenges are explicated in detail demonstrating the variety of the described problems. Furthermore, it discusses possibilities of democratic governance under conditions of growing heterogeneity. Although a variety of different institutional solutions can be identified, there is no perfect way of handling the identified problems.
Crossed Lines in the Racialization Process: Race as a Border Concept
Authors: Bernasconi Robert
Published: November 2012

Abstract

The phenomenological approach to racialization needs to be supplemented by a hermeneutics that examines the history of the various categories in terms of which people see and have seen race. An investigation of this kind suggests that instead of the rigid essentialism that is normally associated with the history of racism, race predominantly operates as a border concept, that is to say, a dynamic fluid concept whose core lies not at the center but at its edges. I illustrate this by an examination of the history of the distinctions between the races as it is revealed in legal, scientific, and philosophical sources. I focus especially on racial distinctions in the United States and on the way that the impact of miscegenation was negotiated leading to the so-called one-drop rule.
Reterritorializing Subjectivity
Authors: Schroeder Brian
Published: November 2012

Abstract

The philosophies of Deleuze, Guattari and Levinas are taken up in an effort to advance the ethical, political, and technological implications of how we interpret, inhabit, and territorialize the Earth. The difference between their views on the relation between immanence and transcendence and their respective analyses of the face and faciality are brought to bear in addressing the questions of ethics, politics, and values in relation to the constitution and liberation, or resingularization, of subjectivity. The contemporary world has produced to a historically unprecedented degree a tension between machinization and wildness—both of which are expressions of the inhuman. Somewhere in between this difference, transversing the borderlines between the human and inhuman, lies a possible way for rethinking the relation between subjectivity, identity, difference, and singularity.
Derivatives and Capitalist Markets: The Speculative Heart of Capital
Authors: Norfield Tony
Published: November 2012

Abstract

Financial derivatives have been singled out as the major villain in the latest crisis, particularly through speculative trading by banks. Yet little attention has been paid to the fundamental rôle that derivatives play in modern capitalism. Even less has there been a focus on how the boom in derivatives-trading was prompted by the crisis of profitability and capital-accumulation. This article shows that while derivatives were one means by which speculation took off, the momentum behind this was driven by low profitability. That was why banks turned their mortgage-loans into derivative-driven securities, why pension-funds placed bets on commodity-futures and why countries such as Greece used derivatives to hide the real state of their finances. Derivatives helped determine the form and magnitude of the crisis, but were not its underlying cause. Proposed reforms of the derivatives-market ignore the fundamental determinants of the financial crisis, assuming it to be a failure of regulation.
History versus Theory: A Commentary on Marx’s Method in Capital
Authors: Harvey David
Published: November 2012

Abstract

The gap between Marx’s theoretical writings on political economy (for example, the three volumes ofCapital) and his historical writings (such asThe Eighteenth Brumaire of Louis BonaparteandThe Civil War in France) arises out of certain limitations that Marx placed upon his political-economic enquiries. These limitations are outlined in theGrundrissewhere Marx distinguishes between the universality of the metabolic relation to nature, the generality of the laws of motion of capital, the particularities of distribution and exchange, and the singularities of consumption. What an analysis of the content ofCapitalshows is that Marx largely confined his efforts to identifying the law-like character of production to the exclusion of all else. While this allowed him to identify certain laws of motion of capital within any form of the capitalist mode of production, it did not and could not constitute a total theory of a capitalist mode of production. A better understanding of what it is that Marx can do for us through his identification of the general laws of motion leads to a far better appreciation of what it is that we have to do for ourselves in order to make Marx’s theoretical findings applicable to particular conjunctural conditions, such as those that have arisen throughout the economic crisis that began in 2007.
E.V. Ilyenkov and Creative Soviet Theory: An Introduction to ‘Dialectics of the Ideal’
Authors: Levant Alex
Published: November 2012

Abstract

This article aims to introduce E.V. Ilyenkov’s ‘Dialectics of the Ideal’, first published in unabridged form in 2009, to an English-speaking readership. It does this in three ways: First, it contextualises his intervention in the history of Soviet and post-Soviet philosophy, offering a window into the subterranean tradition of creative theory that existed on the margins and in opposition to official Diamat. It explains what distinguishes Ilyenkov’s philosophy from the crude materialism of Diamat, and examines his relationship to four central figures from the pre-Diamat period: Deborin, Lukács, Vygotsky, and Lenin. Second, it situates his concept of the ideal in relation to the history of Western philosophy, noting Ilyenkov’s original reading of Marx through both Hegel and Spinoza, his criticism of Western theorists who identify the ideal with language, and his effort to articulate an anti-dualist conception of subjectivity. Third, it examines Ilyenkov’s reception in the West, previous efforts to publish his work in the West, including the so-called ‘Italian Affair’, as well as existing scholarship on Ilyenkov in English.
Modeling Ethnic Protest: The Case of the Middle East and Central Asia
Authors: SAHLIYEH EMILE , SINHA SANGEETA , PILLAI VIJAYAN
Published: November 2012

Theory: Literature on ethnic protest in the Middle East and Central Asia does not provide empirical measures necessary for rigorous hypothesis testing, nor does it incorporate a comprehensive theoretical foundation needed to identify the conditions for ethnic protest. There is also no consensus on the causes of ethnic protest in the Middle East and Central Asia.

Hypotheses: To improve our ability to explain ethnic protest in the Middle East and Central Asia and to identify the necessary conditions for ethnic dissent, we test five hypotheses embodied in grievance and political mobilization. The literature on ethnic protest in the Middle East and Central Asia references both models but does not systematically test their relevance.

Methodology: We use Logistic Regression to test the explanatory potential of the five hypotheses of the Grievance and Mobilization models. We use Ted Gurr's Minorities at Risk data set, which presents data on 40 ethnic groups in the Middle East and Central Asia. The dependent variable is protest for 1990-95.

Findings: Our research does not lend much empirical support for the grievance model, which dominates the Middle Eastern and Central Asian area study literature. Cultural identity and religious freedom variables of grievance model do not provide sufficient condition for the outbreak of ethnic protest. The mobilization model has better explanatory power. It lends significant support to the three hypotheses associated with the mobilization model and suggests that ethnic protest is more likely to occur under conditions of organizational cohesiveness, low levels of autocracy, and international support.
Unsung Heroines: Media Reflections of the Social Conflict in South Africa
Authors: LE ROUX ELIZABETH
Published: November 2012

This essay examines both media reports on South Africa's Truth and Reconciliation Commission (TRC), and the TRC's final report, to determine the reasons why women are portrayed in the media — when they are portrayed at all — almost exclusively as victims. This author examines media reports which deal with the testimony of women who lived through the period of social conflict (1960 to 1994) covered by the TRC. Building on theories that argue that media can create as well as reflect reality, the authors shows that women were not adequately represented in the media reports on the TRC, and thus in the public mind, in spite of efforts to include them in the TRC process. Thus, although the TRC process may have been helpful to individual women, it can be argued that it has had little impact on how people view women's role in South Africa, and more generally in armed conflict and social unrest world-wide.
Shooting the East/Veils and Masks: Uncovering Orientalism in South African Media
Authors: BADEROON GABEBA
Published: November 2012

In this essay the author analyzes a series of South African newspaper articles on a Cape Town-based group called Pagad (People against Gangsterism and Drugs). The essay draws upon a larger study of the images of Islam in the South African media and reveals that both the Pagad and the media make use of regressive discourses about Islam. The author finds traces in the media of what Edward Said has referred to as Orientalism. Through the Pagad stories, Muslims in South Africa are treated by the media with an extremely constricted vocabulary which gives little of the suppleness needed to distinguish between Muslims, and the violence enacted in the name of Islam. The answer to the problem of stereotypical and racist representations in the media lies for Baderoon in people reading critically, insisting on complexity, claiming the right to ethical journalistic practices, establishing media with varied ownership, providing alternative visions, and inserting repressed histories into the media.
Black and White in Ink: Discourses of Resistance in South African Cartooning
Authors: MASON ANDY
Published: November 2012

This author contends that cartooning in its various forms in South Africa played an important role in crystallising issues of allegiance and identity, introducing revolutionary concepts into public discourse, undermining the ideological hegemony of the apartheid state and legitimating the political struggle against apartheid. However, in spite of the fact that numerous black newspapers have subsisted to this day, there remains a dearth of black cartoonists in South Africa. The vexing question of why so few black cartoonists have emerged demands an answer. The villains of the piece appear to be the editors of the socalled 'liberal' newspapers who did nothing (and continue to do very little) to identify indigenous cartooning talent or promote the development of black South African cartooning, choosing rather to share the services of a few white cartoonists and to buy syndicated comic strips. Mason analyses this situation and offers a remedy for solving the problem.
Religious Consciousness in a Post-Christian Culture: J.H. Bavinck’s Religious Consciousness and Christian Faith (1949), Sixty Years Later
Authors: Paas Stefan
Published: November 2012

Abstract

The Dutch missiologists J.H. Bavinck (1895-1954) has become well-known for his far-sighted view of human religious consciousness. Bavinck believed that the religious impulse of mankind would not disappear, not even with increasing secularity in the West. In this article it is asked to what extent Bavinck’s view of religiosity is still of use in a missiological approach of the most secularized part of the world, Europe. Its conclusion is that Bavinck’s essentially psychological view did not take the cultural nature of religion sufficiently into account, and therefore the possibility that it will disappear. Therefore, a more realistic view of religious consciousness than Bavinck’s is needed in a missiology of Europe.
Orientalised Hellenism versus Hellenised Orient:Reversing the Perspective on Gandharan Art
Authors: Filigenzi Anna
Published: November 2012

Abstract

Studies on Gandharan art have not yet produced an unbiased interpretation of its participation in the wide phenomenon of ‘Hellenism’. This incertitude is mirrored by ambiguous and debatable definitions such as ‘Hellenised Orient’ or ‘Gréco-bouddhique’, which contain an implicit, though mostly unintentional, notion of civilising influence. The emphasis on Hellenistic forms may mislead our interpretative efforts, especially when, as in the case of India, art history is based on weak historical grounds. Indeed, in order to develop more effective analytical tools we have to draw upon methodical and scientific archaeology. The aim of the present work is to offer an overview of the most important achievements of the IsIAO’s Italian Archaeological Mission in Pakistan with regard to the vexata quaestio of the inception of Gandharan art and, implicitly, the inclusion of Hellenistic elements into the local figurative languages. In the course of over fifty years of field research the Italian Archaeological Mission has created a repository of data that enables us to bring vis-à-vis the single site and the regional environment, as well as the religious settlement and the lay world around, thus providing reliable grounds for a better understanding of the historical, political and social framework of Gandharan art and its Hellenistic components.
Computing Religion: A New Tool in the Multilevel Analysis of Religion
Authors: Nielbo Kristoffer L. , Braxton Donald M. , Upal Afzal
Published: November 2012

Abstract

The computational approach has become an invaluable tool in many fields that are directly relevant to research in religious phenomena. Yet the use of computational tools is almost absent in the study of religion. Given that religion is a cluster of interrelated phenomena and that research concerning these phenomena should strive for multilevel analysis, this article argues that the computational approach offers new methodological and theoretical opportunities to the study of religion. We argue that the computational approach offers 1.) An intermediary step between any theoretical construct and its targeted empirical space and 2.) a new kind of data which allows the researcher to observe abstract constructs, estimate likely outcomes, and optimize empirical designs. Because sophisticated multilevel research is a collaborative project we also seek to introduce to scholars of religion some general computational issues, and finally applications that model behavior in religious contexts.
Habitat use by sympatric red and roe deer in a Mediterranean ecosystem
Authors: Torres Rita T. , Virgós Emílio , Santos João , Linnell John D.C. , Fonseca Carlos
Published: November 2012

Much recent research has focused on understanding the environmental factors that limit the distribution and abundance of species. However, by no means all models consider the effects of interspecific competition on species’ distributions. In this study, we explore the contribution of both environmental factors and the presence of another ungulate species on the distribution of two sympatric deer species: roe deer (Capreolus capreolus) and red deer (Cervus elaphus). To assess the importance of both biotic and abiotic factors, we constructed models for each species incorporating environmental predictors and an index of abundance of the other species. High density of shrubs and distance to roads had a positive affect on roe deer occurrence while spatial heterogeneity, namely mean shape index, and the presence of red deer had a negative effect. In contrast, the percentage of shrub cover, landscape heterogeneity and the presence of roe deer all positively affected red deer occurrence. Our results suggest that interspecific competition between these species might occur with asymmetric effects and underlines the need to explore the nature of these interactions in greater detail in southern ecosystems.
Illegal Investments in Investment Treaty Arbitration
Authors: Schill Stephan W.
Published: November 2012

Investment treaty tribunals on numerous occasions have had to deal with the impact of breaches of domestic law by a foreign investor on the investment’s protection under an international investment treaty. In this context, tribunals had to interpret different “in accordance with host State law”-clauses contained in investment treaties, but also dealt with the effect of illegality in the absence of such clauses. The present article traces this increasingly complex jurisprudence and frames it as an issue of the relationship between domestic law and international investment law. Although different approaches exist, most importantly as to the effect of domestic illegality on the jurisdiction of investment treaty tribunals, the article suggests that there is considerable potential for convergence in arbitral jurisprudence, thus unveiling the contours of a doctrinal structure for dealing with illegal investments in international investment law and arbitration.
Eight Negotiations – Seventeen Lessons
Authors: Goodby James
Published: November 2012

Abstract

Recalling episodes from several major international security negotiations in which he was personally involved, Ambassador Goodby derives lessons and teachable moments for both negotiators and their political masters. These negotiations span nearly all of the Cold War and early-Post Cold War periods and include negotiations on the nuclear test ban, strategic arms reductions, confidence-building measures in Europe, and cooperative threat reduction (the Nunn-Lugar program). His aim is to help those involved in future negotiations recognize situations that are frequently repeated in security negotiations so as to avoid adding to the perceptions problems that beset any high-stakes negotiation.
The Temper Tantrums of Nations: Why Would Weak Nations Challenge Hegemonic Nations?
Authors: Khalil Elias L.
Published: November 2012

Abstract

In March 2005, riots erupted in South Korea against Japan in reaction to Japan’s claims of sovereignty over some rocky uninhabited islets (0.23 km2). What explains the moral outrage against Japan, the severity of which could have erupted into a military conflict? Such outrage is a puzzle for two reasons. First, the probability that South Korea could defeat Japan is nil, especially since the US-Japan alliance dominates the US-South Korean alliance. Second, even if the probability of defeating Japan was 100%, the net benefit of conflict was apparently negative – given the meager potential reward vis-à-vis the cost of war. This article offers a rational choice model that demonstrates that the moral outrage cannot be explained as a strategic threat. The analysis demonstrates that sociological and evolutionary game explanations are also unconvincing. This calls for an evaluation of how emotions relate to rational choice in international conflicts.
Between Myths and Norms: Constructivist Constitutionalism and the Potential of Constitutional Principles in International Law
Authors: Kleinlein Thomas
Published: November 2012

The aim of this article is to restate, refine and defend the constitutionalist argument in international law. As a basis for a more nuanced approach, the contribution sorts the phenomena to which the constitutionalization thesis refers. Secondly, it analyzes methodological and doctrinal features of constitutionalist approaches to public international law and clears up some myths in and about international constitutionalism. Finally, the text focuses on presumptions and burdens of justification established by various judicial institutions. They seem to express constitutional concerns in different areas of international law. It is submitted that these presumptions and burdens of justification are plausibly backed by processes of identity change and argumentative self-entrapment. On the basis of constructivist approaches in International Relations, these processes can be understood as creating the normativity of constitutional arguments. The special character of their normative force may be explained by classifying them as principles in contrast to strict rules.
Political Nationalism and Attitudes towards Immigration: The Interaction of Knowledge and Policy
Authors: Sandovici Maria Elena , Jakobsen Tor Georg , Strabac Zan
Published: November 2012

The issue of immigration is highly salient to citizens of industrialised democracies. Globalisation and the emergence of an international human rights regime, among other reasons, led to high levels of immigration to industrialised countries in recent decades. Immigrant-receiving states have shown only limited ability to control the size and composition of their immigrant population. Immigration has therefore emerged as a prominent political issue in practically all economically developed countries, and there are raising concerns over anti-immigration sentiments and nationalist tendencies that seem to be taking hold among modern publics. We argue that anti-immigration attitudes are not merely a response to increased immigration, but rather that these attitudes mirror governments’ nationalistic and anti-immigration stance. In addition, people who are interested in politics are expected to be more influenced by their governments’ policies than those who show less interest. We use data from the European Social Survey and the Comparative Manifesto Project to test these claims. Results from our multilevel models show that people living in countries where the government is right wing are more opposed to immigration than people living in countries where the government exhibits less right-wing tendencies. The effect of government policy positions is also found to be conditioned by political interest at the individual level.
Natural Resources Claims, Land Conflicts and Self-Empowerment of Indigenous Movements in the Cono Sur – The Case of the Mapuche People in Chile
Authors: Tomaselli Alexandra
Published: November 2012

Environmental protection and the struggle over natural resources have long been of major concern for indigenous peoples all over Latin America. Notwithstanding the increasing incisiveness of international indigenous rights standards, indigenous peoples have still very limited access to natural resources, or to benefits deriving from them. Nonetheless, the recent ratification by Chile of the ILO Convention No. 169 is having a remarkable, positive impact. In 2009, the Court of Appeal of Temuco and the Supreme Court of Chile blocked a logging exploitation in indigenous territories (Machi Francisca Lincolao v. Forest Enterprise Palermo, sent. 1773-2008 dated 16 September 2009, confirmed by the Supreme Chilean Court on 30 November 2009, sent. 7287-2009) applying the ILO Convention No. 169. Other similar cases followed. These and other actions put forward by indigenous peoples’ movements in Chile, especially Mapuche, seem to be a direct consequence of an increasing awareness of indigenous peoples’ rights and the possibility to raise their voice and be heard within the civil society and at the international level. All the frustration against a legal system which is not responding to indigenous peoples’ demands is now flowing into new movements. This article, therefore, seeks to analyze the impact on indigenous peoples’ movements and the rise of new conflicts linked to the claims over natural resources and land rights in current Chile. The aim is thus to illustrate the interrelation between the Chilean inadequate legal framework, and the claims, conflicts and the self-empowerment of indigenous movements also in the Cono Sur.
Cultural Genocide and Key International Instruments: Framing the Indigenous Experience
Authors: Mako Shamiran
Published: November 2012

Since its introduction by Raphael Lemkin during the Second World War, cultural genocide has served as a conceptual framework for the non-physical destruction of a group. Following a vigorous debate over the legitimacy of the concept by states fearing prosecution for ethnocidal acts, namely Australia, the United States, Sweden and Canada, cultural genocide/ethnocide was abrogated from the 1948 Genocide Convention. This pivotal move has shifted the frame of analysis and has sparked a contentious debate about the distinguishing elements of the physical destruction of a people and their cultural dissipation. The achievements of the indigenous peoples’ movement throughout the 1980s reignited the debate surrounding cultural genocide within the international arena. This article is both a survey of cultural genocide of indigenous populations of North America, South America and Australia, as well as the role of indigenous social movements within the international arena. It analyzes the development of cultural genocide within international law by Raphael Lemkin, its subsequent debate by the United Nations’ Ad Hoc Committee on Genocide, its omission from the Genocide Convention, and its reintroduction by indigenous peoples’ mobilization to the international arena. The Declaration on the Rights of Indigenous Peoples, the Indigenous Peoples Rights Act (Philippines), the International Covenant on Economic, Social, and Cultural Rights, the various findings of the International Criminal Tribunal for the former Yugoslavia relating to cultural genocide, the conference findings of the Organization for Security and Co-operation in Europe relating to minorities, along with Lemkin’s original reference to the term will be used as frameworks for illuminating the extent and gravity of such crimes.
Criminal Justice Reform in a Transitional Context: Restorative Youth Conferencing in Northern Ireland
Authors: O’Mahony David
Published: November 2012

This article examines the incorporation of restorative principles and practices within reforms of Northern Ireland’s youth justice system, adopted following the peace process. It considers whether restorative justice principles can be successfully incorporated into criminal justice reform as part of a process of transitional justice. The article argues that restorative justice principles, when brought within criminal justice, can contribute to the broader process of transitional justice and peace building, particularly in societies where the police and criminal justice system have been entwined in the conflict. In these contexts restorative justice within criminal justice can help civil society to take a stake in the administration and delivery of criminal justice, it can help break down hostility and animosity towards criminal justice and contribute to the development of social justice and civic agency, so enabling civil society to move forward in a transitional environment.
Civic Integration as Symbolic Politics: Insights from Austria
Authors: Permoser Julia Mourão
Published: November 2012

Abstract

This article draws insights from Austria in order to analyze if civic integration policies constitute an exclusionary tool of migration control and acculturation. In order to do so, the article presents an analytical framework operationalizing the notion of exclusion for civic integration policies, and applies this framework to systematically collected data on the agenda-setting, legal formulation, implementation, and outcomes of civic integration conditions in Austria. The findings show that civic integration in Austria has thus far not been primarily used as an exclusionary tool. Rather, integration conditions on the acquisition of membership rights can be understood as an instance of symbolic politics, where the primary aim of the policy is to send the restrictive message that the government is controlling and reducing immigration and promoting assimilation, albeit the policy was not designed to achieve these material effects.
The Rules of International Organizations and the Law of International Responsibility
Authors: Ahlborn Christiane
Published: November 2012

This paper discusses the role of the so-called 'rules of the organization' in the draft Articles on the Responsibility of International Organizations (ARIO), as adopted by the International Law Commission (ILC) on second reading in 2011. Although the rules of the organization occupy a central place in the ARIO, the ILC has decided not to take a “clear-cut view” on their legal nature as either international law or internal law of the organization. This paper argues that the ILC's indecision has left the ARIO with a fluctuating scope of application concerning various provisions such as the attribution of conduct, the breach of an international obligation, the obligation to make reparation, and countermeasures against an international organization. The term of art 'rules of the organization' was developed by the ILC in its work on the law of treaties but has rarely been addressed in legal scholarship. Part 1 therefore first examines the legal nature of the different components of the so-called 'rules of the organization': the constituent instruments, the acts, and the established practice of the organization. While the constituent instruments are contracts between States at the moment of the creation of an international organization, it will be contended that they also operate as constitutions during the life of the organization, giving it the autonomy to create internal law in force between the subjects of its legal order, including its member States. In analysing the ARIO on second reading, Part 2 accordingly suggests reconceiving the rules of the organization as 'internal law' of the organization as long as it functions effectively, so as to appropriately reflect its constitutional autonomy for purposes of international responsibility.
ARCHITECTURE AND SCIENCE IN BAROQUE ROME. THE MATHEMATICAL ORNAMENTS OF VILLA PAMPHILJ
Authors: CAMEROTA FILIPPO
Published: November 2012

title RIASSUNTO /title Nell'opera di Francesco Borromini il progetto per Villa Pamphilj rappresenta uno dei lavori pi controversi dal punto di vista attributivo. Mentre i disegni sembrano manifestare con sufficiente chiarezza i tratti inconfondibili della mano del maestro, il singolare programma scientifico concepito per fare dell'edificio uno studio di matematica pratica rivela un aspetto della personalit dell'architetto ancora irrisolto nei giudizi della critica. Il programma, che propone raffinate applicazioni ottiche, catottriche, diottriche, gnomoniche, astronomiche, acustiche e magnetiche, generalmente considerato come una singolare espressione dell'ingegno borrominiano coadiuvata dalle conoscenze scientifiche di Virgilio Spada, l'amico e collaboratore di Borromini tra le cui carte si conservano i disegni e gli scritti in questione. A differenza dei disegni, tuttavia, attentamente esaminati dagli studiosi allo scopo di certificarne l'attribuzione, il programma scientifico non mai stato sottoposto ad alcuna lettura critica. Il presente studio intende provvedere a questa mancanza attraverso l'esame di un nuovo documento recentemente ritrovato - la versione originale in latino del programma scientifico - che permette di individuare un terzo autore nel progetto per Villa Pamphilj a cui si deve l'invenzione degli ornamenti matematici: il padre Minimo Emmanuel Maignan.
PENDULUMS AND PLANES: WHAT GALILEO DIDN'T PUBLISH
Authors: HILL DAVID K.
Published: November 2012

 RIASSUNTO
Poche ma significative note di lavoro di Galileo trattano di esperimenti. Questo articolo esamina un manoscritto (folio 189v). Si sostiene che esso è il resoconto di un esperimento preciso nel quale Galileo determina empiricamente i tempi di caduta per archi e corde (pendoli e piani) e quindi sviluppa un metodo per determinare il tempo di caduta per una data altezza, dato il quarto di periodo di un pendolo. L'analisi dimostra anche che Galileo fu consapevole del non isocronismo del pendolo (nonostante nelle sue pubblicazioni abbia affermato il contrario). Fu anche consapevole dell'inerzia di rotazione e misurò abbastanza precisamente i suoi effetti. Qui si discute in modo circostanziato tale tesi e si prendono in considerazione le ragioni che indussero Galileo a non pubblicare questi risultati.
LAMARCK, PENSEUR DE FRONTIÈRE1
Authors: CONRY YVETTE
Published: November 2012

 RIASSUNTO
È una presentazione generale dell'opera di Lamarck, opera sviluppatasi al confine fra campi e attività diversi: filosofia naturale, speculazione sulla natura e le leggi della vita, problemi tecnici della descrizione e classificazione dei materiali dei musei e delle collezioni, insegnamento al Muséum appena riformato, ambizioni ideologiche e patriottiche di un sapere unitario fondato scientificamente. Lamarck, pensatore di frontiera, era profondamente radicato nei suoi diversi ambienti. La struttura del Muséum, del resto, favoriva la reciproca fecondazione delle idee e discipline. Alla luce di un esame dei condizionamenti materiali e istituzionali di cui l'opera di Lamarck risentì, vengono considerati i suoi aspetti più importanti: la ricerca del sistema naturale di classificazione, il passaggio dalla botanica alla zoologia, l'idea di serie, il problema della diversità biologica, il trasformismo, il concetto di «organizzazione» (in tutte le sue implicazioni politiche, amministrative e pedagogiche, oltre che biologiche), la sistematizzazione del sapere, l'impostazione naturalistica delle questioni filosofiche e morali, il rapporto con i colleghi (in particolare con Cuvier).
GALILEO AND THE TELESCOPE
Authors: ZIK YAAKOV
Published: November 2012

title SUMMARY /title Il perfezionamento del telescopio, col quale Galileo fu in grado di investigare i cieli, e l'impatto che esso ebbe sugli studi astronomici sono stati alla base di numerose controversie tra gli studiosi. Comunque, chi ha trattato l'argomento si trovato d'accordo sul fatto che Galileo fu capace di migliorare l'ingrandimento e la qualit dell'immagine usando lenti a focale lunga ed un diaframma. opinione comune che Galileo pot realizzare il telescopio grazie alle sue qualit di valente artigiano e non perch seppe trarre insegnamento dalle leggi dell'ottica, che stanno all'origine del suo successo. Questo lavoro getter nuova luce sulla questione, chiarendo sia i metodi di lavoro empirici sia la conoscenza di Galileo dei principi di ottica che portarono alla realizzazione del telescopio.