bluuebunny/crossref_metadata_2025 huggingface dataset:
A Determination of Pulsar Emission Geometry from Polarization Observations
Authors: Wu Xinji , Xu Wen
Published: June 2019

One of the important problems in pulsar studies is to determine the magnetic inclination angle α, the intrinsic width of the radiation beam (2ρ) and the angle (α + β) between the observer's direction and the rotation axis. In this paper we solve this problem for individual pulses by using the observed pulse width (2Δ𝜙), the swing of polarization angle (2Δψ), and its central gradient (dψ/d𝜙)max.

From the polar cap model we establish three basic geometrical relations, a complete set of equations from which explicit solutions can be obtained using the observed data. This is the first time that the orientation of pulsar emission is solved analytically solely on the basis of a geometrical model. However, the results are shown to be sensitively connected to the polarization-angle swing (2Δψ), which is not well measured for most pulsars. So the number of pulsars to which our method can be applied is limited. The importance of the measurement of Δψ is seen from our method. To ensure the credibility of our results, we have discussed the conditions to be satisfied by all reliable pulsar measurements. Our method is shown to be more favorable for pulsars with large pulse width 2Δ𝜙, large central gradient (dψ/d𝜙)max and large magnetic inclination angle α. Out of 120 pulsars (from Lyne and Manchester 1988), 40 are solvable, and 7 are believed to be reliable. We discuss our method for the determination of pulsar geometry in comparison with other methods.
The Dimensions of Status in the Burials at Spiro
Authors: Brown James A.
Published: June 2019

Formal analysis is employed to express symbolically the behavior associated with disposal of the dead in archaeological contexts. Key diagrams are shown to economically express the partitioning of attribute space by a series of variables coded on independently measured dimensions. The attention of this paper is to explicate the analysis of formal-structural relations among archaeological materials from Spiro, a specialized Mississippian period site in eastern Oklahoma, without resort to analogies between cultural-historical configurations. The power of the analysis is extended by direct comparison of the Spiro key with keys made on the same dimensions that are drawn from the ethnohistorical literature of two southeastern societies.
On Tubes of Force in a special class of electromagnetic fields
Authors: Eastwood G. S.
Published: June 2019

Professor Whittaker, in a paper entitled “On Tubes of Electromagnetic Force” {see Proceedings of the Royal Society of Edinburgh, Vol. XLII., Part I. (No 1)}, introduces certain surfaces, which he names calamoids, in connection with an electromagnetic field in the four-dimensional world of space-time. The calamoids consist of “a convariant family of surfaces which when the field is purely electrostatic or purely magnetostatic reduce to the ordinary Faraday tubes of force.” Professor Whittaker, in the paper referred to, also introduces two sets of surfaces, each a covariant family of ∞2 surfaces, one of them named the electropotential surfaces, and the other family the magnetopotential surfaces of the electromagnetic field. The electropotential surfaces and the magnetopotential surfaces are shown to be everywhere absolutely orthogonal. (One member of each family meeting at a point, any line from this point in the one family is orthogonal to every line through the point in the other family). Moreover, a “calamoid, at every one of its points, is half-parallel and half-orthogonal to the electropotential surface which passes through the point, and is also half-parallel and half-orthogonal to the magnetopotential surface which passes through the point.”
Fibro-muscular-periosteal flap and bilobed flap for post-auricular cutaneous mastoid fistula closure
Authors: Pendolino A L , Pavone C , Zanoletti E
Published: June 2019

Background

A post-auricular cutaneous mastoid fistula is a rare condition that can occur following radical mastoid surgery, chronic suppurative otitis media or spontaneous exteriorisation of cholesteatoma from the mastoid through the post-auricular skin surface. Management of a post-auricular cutaneous mastoid fistula can be challenging for the surgeon.

Objective

This paper describes a surgical refinement for post-auricular cutaneous mastoid fistula closure, involving a fibro-muscular-periosteal flap to cover the mastoid cavity, combined with a bilobed flap from the mastoid and lateral neck regions for skin closure.

Method and results

A case of a post-auricular cutaneous mastoid fistula developed after revision tympanoplasty for a cholesteatoma. The condition was successfully treated with the presented technique. Pre- and post-operative photographs are provided for demonstration.

Conclusion

The fibro-muscular-periosteal flap combined with a bilobed flap from the mastoid and lateral neck regions, in our view, can be considered a valid option for post-auricular cutaneous mastoid fistula closure.
Naming and Praising in Humanitarian Norm Development
Authors: Petrova Margarita H.
Published: June 2019

To examine the early development of humanitarian norm cascades, the author focuses on the processes that led to the adoption of the 1997 Mine Ban Treaty and the 2008 Convention on Cluster Munitions. Even though major military powers like the United States, Russia, and China opposed these initiatives, the latter set in motion quick norm cascades that brought about international legal norms stigmatizing land mines and cluster munitions. It is conventionally asserted that international norms emerge either due to great power backing or despite great power opposition, but the author argues that new norms can also take off because of great power opposition. Whenngos and leading states actively foster normative change, a particular type of norm cascade is engineered—one generated by different mechanisms and starting earlier than postulated in the literature. Early norm cascading is driven not by emulation of peers andngonaming and shaming of laggard states, but rather by leadership aspirations and naming and praising.
Propaganda and Combat Motivation: Radio Broadcasts and German Soldiers’ Performance in World War II
Authors: Barber Benjamin , Miller Charles
Published: June 2019

What explains combat motivation in warfare? Scholars argue that monitoring, material rewards, and punishment alone are insufficient explanations. Further, competing ideological accounts of motivation are also problematic because ideas are difficult to operationalize and measure. To solve this puzzle, the authors combine extensive information from World War II about German soldiers’ combat performance with data about conditionally exogenous potential exposure to Nazi radio propaganda. They find evidence that soldiers with higher potential exposure to propaganda were more likely to be decorated for valor even after controlling for individual socioeconomic factors, home district characteristics like urbanization, and proxies for combat exposure.
Excavations at Halos
Authors: Wace A. J. B. , Thompson M. S.
Published: June 2019

Although one of the smaller and less well-known cities in Thessaly Halos in Achaia Phthiotis has played an important part in history. Tradition attributes its origin to Athamas, and its position guarding the coast route between Othrys and the sea into the Spercheios valley, brought it on several critical occasions into prominence. In 480 B.C. together with the rest of Thessaly it submitted to Xerxes without a struggle, but in 346 B.C. it withstood a long siege by Philip and Parmenio. Some mediaeval and Turkish fortifications on the ancient Greek acropolis show that its strategic importance continued down to the last century. The walls which surrounded the city in the plain and the citadel on the hill to the west can still be traced, but of the city itself nothing is now visible. The acropolis is the last peak of the projecting spur of Othrys, which running down towards the bay of Halmyros shuts off the plain of Sourpe from that of Halmyros. This is now a bare limestone hill covered with scrub, and whatever may exist in the plain is hidden beneath the cultivated fields.
The Topography of Boeotia and the Theories of M. Bérard
Authors: Gomme A. W.
Published: June 2019

Ephoros remarked in his history that Boeotia was unique among Greek lands in having a coast well provided with harbours and fronting three seas, open to the West, the North, and the East, to Italy, Sicily, and Carthage, to Macedonia and the Euxine, and to Egypt, Cyprus, and the islands; and that it thus had ample opportunities for education, and was marked out by nature for rule over others. Strabo quotes this with approval, adding a remark of his own about the permanence of the success of the Romans due to the education they had received from contact with civilized countries: if only Boeotia had known how to educate her sons! The author of the Periplus which passes under the name of Skymnos of Chios (about 90 B.C.) says the same in almost the same words; and Stephanos of Byzantium repeats it.
Plato in the Folk-lore of the Konia Plain
Authors: Hasluck F. W.
Published: June 2019

The recognition of Plato by the Arab philosophers, and consequently by the Seljouks of Roum, has long been the accepted explanation of the fact that his name is popularly associated with a remarkable spring (Eflatoun Bounari = Plato's spring) with ‘Hittite’ ruins some fifty miles west of Konia, the Seljouk capital, and with a spring at Konia itself: the connection has not hitherto been made clear. Stray references to Plato in the description of this part of Asia Minor by the Turkish geographer Hadji Khalfa (1648) seem to throw some fresh light on the subject.

These references are three in number. The first records the existence of a ‘tomb of Plato the divine’ in the citadel at Konia. This is also mentioned earlier by the thirteenth-century geographer Yakut, one of Hadji Khalfa's acknowledged sources: Yakut adds that the tomb was ‘in the church by the mosque.’
Concerted Action Against States Found in Default of their International Obligations in respect of Unlawful Interference with International Civil Aviation
Authors: FitzGerald Gerald F.
Published: June 2019

Incidents of unlawful interference with international civil aviation over the past few years have posed novel and difficult problems for international lawyers. For example, a person may unlawfully seize an aircraft and thereafter escape to a state that refuses either to extradite him or prosecute him. Or a group of guerillas may, after an aircraft has been unlawfully seized, detain the aircraft, passengers and crew and even destroy the aircraft in circumstances where the state in which the detention and destruction have occurred may decide to take no action. The inability of an aggrieved state, such as the state of registry of the aircraft or states of which the crew and passengers are nationals, to secure the extradition or prosecution of the alleged offenders could greatly nullify the effect of the Tokyo, Hague and Montreal Conventions which contain provisions aimed at ensuring disposal of an alleged offender who has committed a hijacking or other act of unlawful interference with international civil aviation and its facilities. In view of these and related problems, there was an attempt in the International Civil Aviation Organization (ICAO), from mid-1970 to mid-1971, to develop an internationally agreed procedure for securing the enforcement of international obligations of states in respect of unlawful interference with international civil aviation. This attempt failed. As the failure to find a solution in no way lessened the importance of the problems, a concise presentation of the history of the negotiations which took place in ICAO fora in 1970-1971 may be useful for those who may consider taking up this subject in the future.
The New Law of Armed Conflict
Authors: Green L. C.
Published: June 2019

In HisDe Jure Belli ac Paris, Grotius, quoting Cicero, stated that “there is no Middle between War and Peace,” and this sentiment seems to have received general agreement well into the twentieth century. Thus, inJansonv.Driefontein Consolidated Mines, Lord Macnaghten stated: “I think the learned counsel for the respondent was right in saying that the law recognises a state of peace and a state of war, but that it knows nothing of an intermediate state which is neither one thing nor the other — neither peace nor war.” One might have thought that the English courts would have abandoned this view in the light of their own experience during the Manchukuo incident, for by 1939 inKawasaki Kisen Kabushiki Kaisha of Kobev.Bantham S.S. Co.the Court of Appeal was prepared to concede that “war” might exist for some commercial purposes but not in so far as other legal relationships were concerned.
The Polish Art Treasures in Canada, 1940-60
Authors: Williams Sharon A.
Published: June 2019

The Case of the Polish art treasures in Canada presents two important issues: the question of immunity of a foreign state’s public movable property and the question of state responsibility for such property.

Removal from Poland and Entry into Canada

In 1940 the Canadian government permitted the duty free entry into Canada, as property of the Polish state, of a number of cases and trunks containing Polish art treasures which had been removed from the museum at the Wawel Royal Castle in Cracow before invading German armies could seize them. The treasures were stored in the Records Storage Building at the Central Experimental Farm in Ottawa, on the clear understanding that Canada was to assume no responsibility for their safekeeping. At no time was an inventory of the treasures given to the Canadian government.
Judge John E. Read and the International Court of Justice
Authors: Rosenne Shabtai
Published: June 2019

John Erskine Read, Q.C., D.C.L., LL.D., was born in Halifax, Nova Scotia, on July 5, 1888, and died on December 3, 1973, in the words of his friend Max Wershof “full of mental vigour to the last.” After graduating in Dalhousie Law School in 1909, he completed a year’s post-graduate study in Columbia University, New York. As a Rhodes scholar he then went to University College, Oxford, where he took a “double first” in winning his B.A. and B.C.L. In 1913 he was called to the Nova Scotia bar, joining the firm of Harris, Henry, Rogers and Harris. After distinguished service with the Canadian Field Artillery in World War I, in which he was wounded and invalided out with the acting rank of Major, he returned to that firm as a partner in 1918. In 1920 he joined the Faculty of Law of Dalhousie University, and was Dean between 1924 and 1929. In 1929 he was appointed Legal Adviser of the Department of External Affairs and held that position until he was elected a member of the International Court of Justice on February 6, 1946.
The Asian-African Legal Consultative Committee and International Commercial Arbitration
Authors: Wall J.C.
Published: June 2019

A tangible Result of recent initiatives of the A.A.L.C.C. in the field of international trade law and practice has been the creation of centres for commercial arbitration in Kuala Lumpur and Cairo. The centres are intended to be one component of an integrated regional system for the settlement of trade and investment disputes. That the centres were established on the recommendation of and under the auspices of the A.A.L.C.C. is evidence of the Committee’s growing importance as a regional intergovernmental body concerned with issues of international law and institutional relations.
Perspectives canadiennes de droit international public et privé relatives à la maîtrise du territoire
Authors: Goldstein Gerald
Published: June 2019

State sovereignty manifests itself through all the powers a state exercises over its territory: it is one of the basic components of sovereignty according to international law. Sovereign power involves controlling territory with a degree of efficiency sufficient to prove the existence of the state. But according to some, state sovereignty has now become less and less a matter of territorial control, and international law is now witnessing an erosion of the significance of territory. While the author admits the plausibility of this opinion when applied to states belonging to closely linked economic unions as the EEC, he challenges this statement when applied to Canada, even given the framework of the U.S.-Canada Free Trade Agreement. In Part I, this article gives a full account of the Canadian positions dealing with legally valid acquisition of territories through effective control and other means. It points out how Canada has been coherently committed to protect its territorial sovereignty in all the border and territorial disputes in which it was and is still involved. It explores how this country deliberately also committed itself to effectively controlling its vast terrestrial, aerial, and maritime territories.

From this perspective, the author exposes in Part II the rather protective Canadian legal attitude when dealing with private international interests in Canada: how foreign investors are selectively allowed to own, control, possess, or otherwise acquire an interest in any part of Canadian land or real property through specific substantial rules or conflict of law rules; how Canadian federal and provincial laws deal with expropriating foreign-owned property or with foreign judgments affecting the same. In the view of the author, all these territorialist features strongly convey the idea that Canada still attributes a prime role to securing close control over its territory within its global policy of sovereignty and independence.
“Developing Sustainability” and the Emerging Norms of International Environmental Law: The Case of Land-Based Marine Pollution Control
Authors: M'Gonigle R. Michael
Published: June 2019

Sommaire

Bien que la pollution marine d'origine tellurique soit de loin la plus importante source de pollution marine, ce problème n'occupe pas une place dominante dans la réglementation internationale en matière d'environnement. Cet article examine les tentatives de réglementation de la pollution d'origine tellurique et fait des propositions pour son élaboration future. Il soutient principalement que la réglementation de la pollution d'origine tellurique a un impact direct d'une telle importance sur les objectifs économiques nationaux qu'il nous faut concevoir une nouvelle forme d'intégration du droit international de l'environnement et du développement économique international, si l'on veut réussir à contrôler cette forme de pollution. La Conférence des Nations Unies sur l'environnement et le développement ayant lieu bientôt, le temps est propice à l'action innovatrice.

L'article étudie en premier lieu le droit coutumier applicable, puis il examine les conventions internationales en fonction du niveau de contrainte de leurs dispositions: engagements non contraignants; obligations générales; obligations particulières précises; engagements institutionnels concrets envers l'adoption de mesures. Il discute également d'une série de conventions régionales adoptées dans le cadre et en dehors du Programme des mers régionales du Programme des Nations Unies pour l'environnement, dont les principes directeurs sur la pollution d'origine tellurique élaborés à Montréal en 1985. Il analyse ensuite ces instruments et discute des éléments suivants: la définition de la pollution; le caractère des obligations fondamentales; la gamme d'obligations relatives à l'application des mesures (y compris la surveillance, les stratégies de contrôle, la gestion intégrée, l'exécution et la responsabilité); l'assistance financière et les arrangements institutionnels. Les failles de la réglementation sont analysées à la lumière de l'ampleur croissante du conflit entre les intérêts économiques et la protection de l'environnement.

En conclusion, il recommande des changements et souligne l'intérêt grandissant pour ce domaine, particulièrement dans le contexte de la Conférence des Nations Unies sur l'environnement et de développement qui aura lieu au Brésil en 1992. Enfin, il propose une nouvelle approche “préventive” pour la réglementation en matière d'environnement et étudie les moyens de concilier protection de l'environnement et développement lors de l'élaboration des instruments juridiques futurs.
I: Commerce
Authors: St-Amant Martin
Published: June 2019

En 1990, l'action juridique du canada en matière de commerce international se sera principalement manifestée au GATT, comme le démontre les conflits relativement nombreux dans lesquels le Canada fut impliqué ainsi que l'activité qu'il aura dépolyé cette année là. L'action juridique du Canada se sera en outre révélée en cette année, par l'entremise d'actes unilatéraux et d'accords commerciaux conclus avec d'autres États. La mise en oeuvre de l'Accord de libre-échange Canada-États-Unis constitue un dernier aspect qui aura préoccupé, par la force des choses, le Canada en cette année 1990.
I Commerce
Authors: St-Amant Martin
Published: June 2019

En 1992, l'action Juridique Du Canada en matière de commerce international se sera manifestée par la poursuite effective de la mise en oeuvre de l'Accord de libre-échange Canada-États-Unis. Dans l'attente des résultats des négotiations commerciales de l'Uruguay Round, les conflits et activités impliquant le Canada dans le cadre du GATT furent également en cette année relativement nombreux.
Same-Sex Relationships and Anglo-Canadian Choice of Law: An Argument for Universal Validity
Authors: Adams Wendy A.
Published: June 2019

The distinction between formal and essential validity in Anglo-Canadian choice of law regarding marriage is an illogical bifurcation that unnecessarily invalidates same-sex relationships contracted in foreign jurisdictions. The Supreme Court of Canada has recently reformulated certain rules of private international law, taking into account both the constitutional and sub-constitutional imperatives inherent in a federal setting and the need for order and fairness when co-ordinating diversity in the face of increasing globalization. Reform of the choice of law rules regarding the validity of foreign marriages should proceed accordingly with the result being that a marriage valid where celebrated is valid everywhere. No principled reason exists to deny recognition to same-sex relationships validly contracted in other jurisdictions, nor to differentiate between the rights and obligations arising from the legal status of same-sex and different-sex relationships.
Pouring Fuel on the Fire? The WTO’sReformulated GasolineCase
Authors: Strom Torsten H.
Published: June 2019

TheReformulated Gasolinecase is the latest decision in a series of recent WTO/GATT disputes dealing with environment and trade issues. The author analyzes the panel’s treatment of Article XX(g) and the Appellate Body’s reasons for rejecting the panel’s interpretation of that provision and substituting its own approach. He aho examines the Appellate Body’s attempt to give new life to the preamble (or chapeau) of Article XX. The author concludes that the Appellate Body’s revised interpretation of Article XX(g) is a significant and constructive departure from previous panel interpretations, but that the Appellate Body’s analysis of the wording in the preamble creates a logically flawed and overly restrictive test that is likely to render illusory the broadened scope it had previously given to Article XX(g).
L’affaire “CE — Amiante” et la nouvelle jurisprudence de l’Organe d’appel de l’OMC concernant les risques à la santé
Authors: Marceau Gabrielle
Published: June 2019

Sommaire

Pour la première fois, l’Organe d’appel, dans l’affaire CE — Amiante, offre une analyse plus globale de la relation entre l’obligation de traitement national (article III du GATT) et la possibilité d’invoquer des exceptions (article XX du GATT). Mettant de côté la littérature et l’approche traditionnelle qui semblaient mettre en opposition les soucis des environnementalistes (et défenseurs de la protection de la santé) et les réalités des marchés, l’Organe d’appel statue que les risques à la santé peuvent affecter la détermination de “similarité” entre marchandises (celles à risque et celles sans risque à la santé). De ce fait, l’Organe d’appel conclut que les risques à la santé peuvent affecter les propriété physiques des marchandises, de même que les goûts et perceptions de consommateurs concernant ces marchandises, deux des quatre critères qui doivent nécessairement faire l’objet d’analyse dans la détermination de similarité entre marchandises importées et marchandises domestiques — une détermination reposant essentiellement sur la relation de concurrence entre ces marchandises nationales ou importées.Continuant sa croisade sur le sens et la portée de l’Article XX du GATT, l’Organe d’appel réitère les nouveaux paramètres du test de “nécessité” de l’article XX — dont l’importance relative de l’intérêt commun ou des valeurs communes que la loi ou le règlement que l’on veut faire respecter est censé protéger, l’efficacité de la mesure et son impact sur le commerce — et mettra ainsi de coté le test traditionnel basé essentiellement sinon exclusivement sur l’existence d’alternatives moins restrictives sur le commerce.
The Right to Utilize the Waters of International Rivers
Authors: Bourne C. B.
Published: June 2019

The Development of an International River Seldom proceeds at the same pace in the states through which it flows. The River Nile affords a good illustration of this: Egypt has for a long time substantially utilized its waters for irrigation; the Sudan has so far made moderate use of them, but is now embarking on a programme of agricultural expansion; and the states farther upstream, such as Ethiopia, Tanganyika, and Uganda, which supply the waters for the river, have scarcely begun to make use of them. The same story can be told of many other rivers.

This unequal development of a river can cause great political, economic, and legal difficulties. Sooner or later, the state which has been slow to develop the portion of the river in its territory will need more and more water for domestic and sanitary purposes, for agriculture, for hydro-electric power, for industry, and so forth. As long as it can satisfy its needs without making claims on the water on which other co-riparian states depend, there will be no quarrel; but it will be otherwise when it can no longer do so. Competition for the limited supply of water will then lead to conflict. The future economic growth of one state at the expense of others will often be involved; perhaps hundreds of millions of dollars worth of investment, as in the case of the Columbia River, or millions of lives, as in the case of the Indus, may be put in jeopardy.
A Return toCommunitarianism? Reacting to “Serious Breaches of Obligations Arising under Peremptory Norms of General International Law” under the Law of State Responsibility and United Nations Law
Authors: Toufayan Mark
Published: June 2019

Discussion surrounding the prevention of genocide has focused to a large extent on the appropriate mode(s) of reaction to particularly serious breaches of human rights obligations. In particular, the question arose whether existing UN mechanisms aimed at preserving international peace and security should be regarded as a privileged — or even exclusive — means to enforce compliance by states with their obligations relating to genocide. Drawing extensively on the work of the International Law Commission on the codification of the law of state responsibility, the author argues that the new draft articles, with their emphasis on “serious breaches of obligations arising under peremptory norms of general international law” rather than obligations erga omnes, are ill-suited to provide for the taking of preventive measures by “not-directly affected” states. Paradoxically, the institutionalization of mechanisms for preventing gross human rights abuses has been reduced to a minimum in the new draft, with emphasis being laid on the vague requirement that states “cooperate” to bring “serious breaches” to an end. It is suggested, however, that ascribing a subsidiary role to UN organs and procedures is, despite criticisms made as to their adequacy, necessary to supplement state action. The UN has in fact a distinct legal interest that is clearly affected when breaches of obligations relating to genocide occur. More importantly, by acting on behalf of the “organized international community” in matters of international peace and security, the Security Council has itself assumed today a legally binding subsidiary obligation to prevent genocide. The article concludes that in the absence of ineffective decisional institutions for the prevention of genocide, the choice is not between the subjectivism of a decentralized response and the absence of any consequences for the most serious wrongful acts but rather to strengthen the UN’s institutional capacity to react.
Coming in from the Shadow of the Law: The Use of Law by States to Negotiate International Environmental Disputes in Good Faith
Authors: Hutchison Cameron
Published: June 2019

International law increasingly obliges states to negotiate in good faith environmental disputes that arise in connection with the use and protection of shared or common property natural resources — that is, watercourses, fisheries, and migratory species. Articulation of this duty to negotiate in good faith has been vague, and, perhaps as a consequence, disputes have been protracted or have gone unresolved. Part of the problem may be that states do not know how to interpret their competing rights in the resource. This article explores the facilitative potential of international authoritative soft law to good faith negotiation where rights and obligations of resource use and protection are broadly stated and their relationship to one another is unclear. In this context, our understanding of the relevance, sources, and use of law in the negotiation process contributes to whether law functions to facilitate or frustrate dispute resolution. Through discursive interaction undertaken in good faith, states should look to international authoritative soft law to explicate, integrate, and reconcile their legitimate interests within their competing rights and obligations, according to prescribed legitimacy criteria.
Is a New State Responsible for Obligations Arising from Internationally Wrongful Acts Committed before Its Independence in the Context of Secession?
Authors: Dumberry Patrick
Published: June 2019

This comment addresses the question of the succession of states to obligations arising from the commission of internationally wrongful acts in the specific context of secession. It examines state practice and case law, which shows that the continuator state usually continues its own previous responsibility for internationally wrongful acts committed before the date of succession, notwithstanding the transformation affecting its territory. A more controversial issue is whether this principle of non-succession should always apply in the context of secession and whether there should not be some circumstances where the secessionist state should be responsible for internationally wrongful acts committed before the date of succession. This question is never addressed in doctrine. This article argues that there are, indeed, at least five different circumstances under which the new state should take over obligations arising from internationally wrongful acts committed before the date of succession.
Does theCharterFloat? The Application of theCanadian Charter of Rights and Freedoms to Canada’s Policing of High Seas Fisheries
Authors: Tyler Drew
Published: June 2019

The majority judgment of the Supreme Court of Canada inR v Hapeheld that, in general, theCanadian Charter of Rights and Freedomsdoes not apply to Canadian government agents when they are acting in foreign state territory. This comment considers whether this rule should extend to high seas interdictions, by Canadian agents, of foreign-flagged vessels. In particular, it considers the potential application of theCharterto Canada’s policing of high seas fisheries. It concludes that the legal regimes governing high seas fisheries are sufficiently distinct from those pertaining to state territory, that the rule inHapeshould not apply to high seas interdictions, and that the Charter should therefore apply to Canada’s high seas fisheries policing activities.
The International Court of Justice’sKosovoCase: Assessing the Current State of International Legal Opinion on Remedial Secession
Authors: Meester Daniel H.
Published: June 2019

In light of the global prevalence of secessionist movements, some have proposed “remedial secession” as a last resort solution where a “people” is either denied internal self-determination or is faced with massive human rights violations by a repressive regime. While lack of state practice largely confined this concept to academic circles through the 1990s and much of the 2000s, remedial secession received renewed international legal attention in the proceedings concerning the International Court of Justice’s (ICJ) 2008 advisory opinion in the caseAccordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo(Kosovocase).In light of support for remedial secession expressed in the submissions of eleven states, as well as its apparent endorsement in the separate opinions of two ICJ judges, advocates of remedial secession may plausibly argue that the soft law status of the concept has been strengthened and perhaps even that it is in the process of emerging as a regional customary norm for those states that supported it. However, the impact of theKosovocase on solidifying the legal status of remedial secession should not be overstated, as opponents of the concept may point to a number of contrary indicators that also emerged from the formal discourse surrounding the case.
Private Rights, the Use of Maps, State Responsibility, and Other Issues in the International Court of Justice’s Boundary Jurisprudence: 2000-10
Authors: Alvarez-Jimenez Alberto
Published: June 2019

Boundary disputes constitute one of the most delicate issues for states, such that it is not surprising that frontier issues are among the most recurrent before the International Court of Justice (IC J) and have given rise to a rich jurisprudence. This jurisprudence comprises traditional areas: consent in boundary treaties, the principle ofuti possidetis juris, the notion ofeffectivités, and maritime delimitation. However, it also includes other topics that usually receive less attention, but which are nonetheless important to states and sometimes underlie their significant interest in boundary disputes. This article deals with such topics in order to show how the IC J has handled them in its boundary jurisprudence of the first decade of the new millennium. The author discusses IC J decisions addressing types of territory that cannot be appropriated,terra nullius, private rights, state succession, unilateral donations as sources of title to territory, irrelevant criteria in establishing title to territory (particularly historical consolidation), the use of maps, and state responsibility in connection with boundary disputes.
The Arctic Environment and International Humanitarian Law
Authors: Barnes Ashley , Waters Christopher
Published: June 2019

While the law of the sea is rightly viewed as the most suitable international legal regime for the settlement of disputes in the Arctic, the militarization of this region in an era of climate change is also observable. Yet curiously, scant attention has been paid to the constraints the international humanitarian law (IHL) would impose on armed conflict in the Arctic, as unlikely as such conflict may be. These constraints include the specific prohibition on causing widespread, long-term, and severe environmental damage under Additional Protocol I to the Geneva Conventions as well as the related obligation to have “due regard” for the natural environment, as referred to in, for example, theSan Remo Manual on International Law Applicable to Armed Conflict at Sea. Similarly, environmental factors must play into military assessments of targets based on the general principles of IHL related to targeting. The authors explore how these various legal obligations could be applied in the Arctic context. Referring to the scientific literature, they suggest that, due to the particularly vulnerable nature of this regional environment, many traditional war-fighting techniques would lead to damage that is not legally permissible. This conclusion should provide an additional incentive to policy makers to demilitarize the Arctic and to solve peacefully any disputes that may arise over sovereignty, navigation, or resources.
Responsabilité pénale des agents ou fonctionnaires internationaux et immunité de juridiction
Authors: Namountougou Matthieu Aldjima
Published: June 2019

According to the International Court of Justice, any person through whom an international organization acts is an agent of that organization. However, this definition is too broad. Any participation in the fulfilment of the mission of an international organization does not necessarily make the person an agent of the international organization. After detailing the particularities of the status of international agents, this article considers the issue of accountability for wrongs attributable to them. It recommends in this respect the development of a system of accountability that combines national and international justice responses with priority to the former based on the location of the offence.
Immunité de juridiction. Etat ou gouvernement étranger. Exposition universelle de 1967
Authors: Kos-Rabcewicz-Zubkowski L.
Published: June 2019

Le Problème de l'immunité de juridiction des Etats étrangers a été abordé par la Cour Suprême du Canada dans l'affaire Flota Maritima Browning de Cuba S.A. v. The Steamship Canadian Conqueror & The Republic of Cuba, il y a quelques années. La Cour de I'Echiquier s'est prononcé également dans l'affaire Château Gai Wines Limited v. Le Gouvernement de la République Française. Certains aspects du problème ont été examinés par la Cour Suprême dans The Municipality of Saint John v. Fraser-Brace Overseas Corporation et notamment l'exemption d'un gouvernement étranger à 1'égard des taxes imposées par les autorités locales. Sir Lyman Duff a étudié la question dans l'affaire des Légations et on pourrait également citer les décisions dans Republic of Poland v. Dessaules et dans l'affaire Reference re Powers of City of Ottawa. Parmi les jugements non rapportés, on peut encore mentionner: World Wide Airways v. The Government of Cuba et Lazarovitch v. Consulat Général de Grèce.
The United States Antitrust Laws: A Canadian Viewpoint
Authors: Henry D.H.W.
Published: June 2019

In recent years there has been increasing discussion in both academic and official circles of the problems of non-tariff barriers to trade, particularly restrictive business practices, the conduct of the multinational firm, and the implications of foreign ownership of enterprises. These matters are of concern not only for world markets but for individual nations. In Canada, the reports of several important public inquiries (the Report of the Task Force on the Structure of Canadian Industry, the Interim Report of the Economic Council of Canada on Competition Policy, and the Report of the Royal Commission on Farm Machinery), have been published already. And the Canadian government is now engaged in a major study of foreign ownership of Canadian business; the Standing Committee of the House of Commons on External Affairs has just completed its report on this issue, which includes reference to the extraterritorial application of anti-trust laws. The International Conference on Monopolies, Mergers and Restrictive Practices held at Cambridge in September 1969, in which Canadians participated, discussed important aspects of the multinational firm and the extraterritorial application of anti-trust laws, a subject that has engaged the urgent attention of the International Law Association since 1962. Moreover, the O.E.C.D. has latterly become concerned with the importance of these matters, particularly with their impact on international trade.
Some Thoughts on Reading “The Relevance of International Adjudication”
Authors: MacKenzie N.A.M.
Published: June 2019

Man’s success in devising ways and means of limiting and controlling violence in all areas of human relations, domestic, national and international, may well determine his ability to survive upon this planet. This involves the creation of procedures and institutions that will assist in settling disputes and in providing protection for individuals and property. These procedures too must envisage the necessity of development and change, and give hope and encouragement to those who are the “have nots” of this world. It is natural that as a general rule those who are older and have achieved some degree of security and prosperity should wish to retain these. It is equally natural that the young and those without prosperity or security, or those who live in unhappy and unsatisfactory circumstances, should want and work for changes that they believe will bring them what they want and feel they deserve.
La protection des immunités diplomatiques et consulaires au Canada: II - Les problèmes que soulève la mise en oeuvre des Conventions de Vienne
Authors: Dufour Andre
Published: June 2019

Nous avons vu jusqu’ici que la jurisprudence avait intégré au droit interne les règles coutumières du droit international sur les relations diplomatiques et que de plus, les autorités législatives tant provinciales que fédérales étaient venues compléter cette protection des immunités et privilèges sur des points particuliers. Or, le fait pour le Canada d’avoir ratifié la Convention de Vienne sur les agents diplomatiques et la Convention sur les agents consulaires transforme radicalement les données de la question puisque cela implique nécessairement l’intervention du pouvoir législatif pour assurer le respect de ces conventions.
Methods of Self-Determination and the Argument of “Primitiveness”
Authors: Pomerance Michla
Published: June 2019

Writing on the principle of self-determination, J. H. W. Verzijl, the renowned Dutch jurist, has stated: “It is inherently impossible for it to form a universal basis of concrete rights and obligations under international law and accordingly it invariably presents itself in practice as a scarcely veiled instance of measuring with two measures.” The danger of applying a “double standard” is one which can hardly be dismissed even by those who, unlike Verzijl, regard the principle of self-determination as an established legal right and not merely a political principle. It is a danger that is most pronounced in relation to the key issue in self-determination: the identification of the unit constituting the “self.” No less susceptible of the application of a “double standard,” however, are questions regarding themethodsof determining the wishes of a preidentified “self”.
La Convention internationale de 1973 sur la prévention de la pollution par les navires
Authors: de Mestral A. L. C.
Published: June 2019

La convention de 1973 sur la prévention de la pollution par les navires fut adoptée et signée à Londres par 64 états, le 3 novembre 1973. Cette convention est le fruit de nombreuses années de préparation au sein de l’Organisation Intergouvernementale Consultative de la Navigation Maritime; elle est de loin la plus complète et certainement la convention Internationale la plus importante qui ait été adoptée jusqu’à ce jour et qui ait pour but la protection du milieu marin.
On Differences in Differential Rotation
Authors: van Tend W. , Zwaan C.
Published: June 2019

We investigated the reality of the differences in rotation rates found from various features. We only used published observations including almost forgotten work of more than half a century ago.
Solitons in Magnetic Flux Tubes
Authors: Roberts B.
Published: June 2019

The highly inhomogeneous nature of the solar atmosphere leads us to suggest that solitons may occur in magnetic structures such as coronal loops or photospheric flux tubes. The theory is outlined for the simple case of a magnetic slab in a field-free atmosphere and shown to lead to the Benjamin-Ono equation.
Periodic and Aperiodic Behaviour in Stellar Dynamos
Authors: Cattaneo F. , Jones C.A. , Weiss N.O.
Published: June 2019

We have constructed a simple parametrized mean field dynamo model that includes the dynamical interaction between the magnetic field and differential rotation. This system of seven coupled nonlinear ordinary differential equations has finite amplitude oscillatory solutions (corresponding to Parker's dynamo waves) when the dynamo number D>1. We have studied two regimes. In the first, the velocity shear is reduced by the Lorentz force and there are stable periodic solutions for all D>1. In the second there is a transition from strictly periodic oscillations to aperiodic (chaotic) behaviour as D is increased. This simple example shows that nonlinear hydromagnetic dynamos can produce aperiodic cycles, with Maunder minima, as observed in the sun and other late-type stars.
Radio Wavelength Observations: Structure, Strength and Variability of Magnetic Fields in the Transition Region and the Solar Corona
Authors: Lang Kenneth R.
Published: June 2019

The 6 cm radiation of solar active regions marks the legs of dipolar loops which have their footpoints in lower-lying sunspots. The temperatures T ≈ 106K and longitudinal magnetic field strengths Hℓ ≈ 600 Gauss at heights h ≈ 4 × 109 cm above sunspot umbrae. The circularly polarized emission at 6 cm delineates the magnetic structure above sunspot penumbrae. The 20 cm radiation of solar active regions delineates the ubiquitous coronal loops previously detected at X-ray wavelengths. We infer semilengths L ≈ 5 × 109cm, maximum electron temperatures Te(max) ≈ 3 × 106K, emission measures and electron densities Ne ≈ 109cm−3 for the 20 cm bremsstrahlung. Future V.L.A. observations at 20 cm may be used to determine the magnetic field strength of coronal loops. Changes in temperature and magnetic structure before and during solar bursts are briefly discussed.
A Thermal Catastrophe in a Resonantly Heated Coronal Loop
Authors: Martens P.C.H. , Kuperus M.
Published: June 2019

A theory for the thermal stability of hot coronal loops is presented, which is based on the resonant electrodynamic heating theory of Ionson (1982) and the evaporation/condensation scenario of Krall and Antiochos (1980). The theory predicts that gradual changes in the length of a loop or in its magnetic field strength can trigger catastrophic changes in the X-ray visibility of the loop, without the need for a change in the magnetic field topology.

A natural explanation is thereby given for the observations of X-ray brightenings in loops and loop evacuations with coronal rain.
Finite Amplitude Effects of Torsional Alfvén Waves in a Flux Tube
Authors: Andreassen ⊘. , Maltby P.
Published: June 2019

Consider a cylindrical, homogeneous magnetic flux tube embedded in a field-free compressible plasma. We employ the method of successive approximations to solve the magnetohydrodynamic equations analytically for an axisymmetrical (m=0) torsional Alfvén mode. The m=0 mode inside the tube may excite surface-, stationary- or progressive waves in the field-free plasma. We conclude that, in contrast to the linear theory, the flux tube may lose energy by wave radiation to the surroundings.
Stellar Winds and Spindown — Observations
Authors: Hartmann L.
Published: June 2019

Stars with masses ≲ 1 M⊙are observed to rotate more slowly as they age. The angular momentum loss is undoubtedly caused by the coupling of the stellar magnetic field to the escaping wind (Schatzman 1962). Chromospheric and coronal radiative losses depend upon rotation (Wilson 1966a, b; Kraft 1967; Skumanich 1972; Hall 1976; Bopp 1980; Walter and Bowyer 1981; Walter 1981; Vaiana et al. 1981). It is therefore likely that both magnetic fields (Skumanich 1972) and the mechanical energy fluxes required to drive mass loss also depend upon rotation as well. This complicated feedback between magnetic fields, winds, and rotation must control the variation of solar-type activity over much of the HR diagram, and may have very important effects on pre-main sequence evolution.