bluuebunny/crossref_metadata_2025 huggingface dataset:
Duties Owed to the Public
Authors: Cornell Nicolas
Published: September 2024

How does private law conceptualize duties owed to the public-at-large? Are they owed to individual members of the public? This question is interstitial in two ways—it concerns both the space between public law and private law and the spaces between different fields of private law. Different areas of private law handle it in contradictory ways. Duties of public officials are regarded as owed to individual citizens for the purposes of contract law’s preexisting duty rule but as not owed to individuals as a matter of tort law’s public duty rule. Violations of public property might be enforceable through public nuisance, but violations of analogous public contracts might not be enforceable by citizens. After describing the problem, this chapter surveys possible answers. Ultimately, the chapter suggests that a distinction between exercise of control and ex post injury might best explain the variable treatment of public duties in private law.
Language contact in Mainland Southeast Asia
Authors: Sidwell Paul
Published: September 2024

This chapter traces how languages of the Asian Mainland have impacted on Malayo-Polynesian in prehistoric and early historic periods. The so-called Mainland Austronesian Languages—Chamic, Acehnese, and Moken—do show remarkable typological similarities with the Southeast Asian Linguistic Area. However, only the first of these groups—Chamic—has a significant presence on the mainland and can be shown to have restructured under the effects of massive lexical borrowing and metatypical convergence. By contrast, Acehnese and Moken, although both heavily restructured, remain Malayo-Polynesian lexically. Malay shows evidence of lexical borrowing from Austroasiatic, and this may partly extend back to a common Malayo-Chamic period when the proto-language or early forms of Malay and Chamic were integrated into a trade network that spanned the South China Sea in the first millennium BCE.
Abu Dhabi Oil Arbitration
Authors: Dolzer Rudolf
Published: September 2024

In January 1939 the Sheikh of Abu Dhabi, at that time a British-protected State on the Persian Gulf (→ Protectorates and Protected States), concluded an agreement with the company Petroleum Development (Trucial Coast) Limited in Abu Dhabi. Under the terms of this agreement, the Sheikh transferred to that company the exclusive right to drill for and extract mineral oil in Abu Dhabi. The concession area was described in Art. 2 of the contract—as translated from the original Arabic text—as the whole of the lands which belong to the rule of the Ruler of Abu Dhabi and its dependencies and all the islands and the sea waters which belong to that area. And if in the future the lands which belong to Abu Dhabi are defined by agreement with other States, then the limits of the area shall coincide with the limits specified in this definition. (Arbitration Between Petroleum Development [Trucial Coast] Ltd and Sheikh of Abu Dhabi [1952] 1 ICLQ 248) When the interpretation of these terms became the subject of a controversy between the parties to the agreement, Lord Asquith of Bishopstone was named as umpire in 1949 under the terms of the → arbitration clause in the contract (Oil→ Concession Disputes, Arbitration on).
Agenda for Peace
Authors: Neuhold Hanspeter
Published: September 2024

With the end of the → Cold War (1947–91), the main obstacle to the effective functioning of the → United Nations (UN) as a peace organization seemed to have disappeared for good. In particular, hopes appeared justified that the recurrent deadlock in the UN Security Council caused by the disagreement between its permanent members along the East–West divide had been overcome. It was in this international political climate of → détente and optimism that the UN Security Council (→ United Nations, Security Council) met for the first time at the summit level on 31 January 1992. In their final statement, the 15 heads of State or government requested UN Secretary-General (→ United Nations, Secretary-General) Boutros Boutros-Ghali to prepare, for circulation to UN Members by 1 July 1992, an analysis and recommendations on ways of strengthening and making more efficient within the framework and provisions of the → United Nations Charter the capacity of the UN for preventive → diplomacy, peacemaking, and → peacekeeping.
Association of Southeast Asian Nations (ASEAN)
Authors: Malanczuk Peter
Published: September 2024

The Association of Southeast Asian Nations (‘ASEAN’) is Southeast Asia’s primary regional organization (see also → International Law, Regional Developments: South and South-East Asia; → Regional Co-operation and Organization: Asian States; → Regional Co-operation and Organization: Pacific Region). It promotes economic and political cooperation among its members as well as regional peace and security. Established in 1967, ASEAN’s five original members were Indonesia, Malaysia, the Philippines, Singapore, and Thailand. They were joined by Brunei in 1984 after it had gained independence from the United Kingdom, Vietnam in 1995, Laos and Burma (Myanmar) in 1997, and finally Cambodia (delayed by its internal political struggle) in 1999. Thus, ASEAN presently includes ten States with rather different cultures (for example, Indonesia has the world’s largest Muslim population), political systems (for example, democracies, monarchies, communist party, and military regimes) and levels of economic development (for example, poor Cambodia and rich Singapore).
Brazilian Loans Case and Serbian Loans Case
Authors: Sander Gerald G
Published: September 2024

Both the Case concerning the Payment in Gold of the Brazilian Federal Loans issued in France (France v United States of Brazil) (‘Brazilian Loans Case’) and the Case concerning the Payment of Various Serbian Loans issued in France (France v Kingdom of the Serbs, Croats and Slovenes) (‘Serbian Loans Case’) dealt with the contractual fulfilment of loans agreement obligations under municipal law between French bond holders and the Brazilian State on the one hand and the Serbian State on the other hand (→ Debts). Of particular interest was how the → Permanent Court of International Justice (PCIJ) determined its jurisdiction (→ International Courts and Tribunals, Jurisdiction and Admissibility of Inter-State Applications) and whether the French State has a right to represent and protect its nationals before the Court, even in civil law matters (→ Diplomatic Protection; → International Courts and Tribunals, Standing). Further, the question arose whether the Court, when ruling on a case and using municipal law, is obliged to take into account what the municipal courts have already said on the matter (→ International Law and Domestic [Municipal] Law).
Central African Economic and Monetary Community (CAEMC/CEMAC)
Authors: Savadogo Louis
Published: September 2024

The establishment of the Central African Economic and Monetary Community (‘CEMAC’) fell within the scope of the Lagos Plan of Action for the Economic Development of Africa (1980–2000) as adopted by the Conference of Heads of State and Government of the Organization of African Unity (‘OAU’) (→ African Union [AU]), held on 28 and 29 April 1980. With this instrument, they instructed the Secretary General of the OAU ‘to appoint, as quickly as possible, a Drafting Committee, at ministerial level, to prepare the draft of the treaty establishing the African Economic Community’. This process would involve two stages. The first, during the 1980s, would seek to strengthen the existing economic communities and to establish other economic groups in various regions of the continent (Central Africa, East Africa, West Africa, and North Africa). The second, during the 1990s, would pave the way for the establishment of an African common market (see also → Regional Cooperation and Organization: African States).
Central American Court of Justice (CACJ)
Authors: Virzo Roberto , Insolia Andrea
Published: September 2024

Since 1821, the year independence was won from Spain (→ Decolonization: Spanish Territories), some countries in the Central American isthmus have attempted to give birth to → confederations of States and have signed various agreements aimed at fostering regional integration (→ International Law, Regional Developments: Latin America). Among these is one of the treaties of Washington of 20 December 1907, the Convention for the Establishment of a Central American Court of Justice, creating the previous → Central American Court of Justice (1907–18), which effectively operated between 1911 and 1917, and the Charter of the Organization of Central American States (‘ODECA’) signed in Panama City on 12 December 1962.
Certain Phosphate Lands in Nauru Case (Nauru v Australia)
Authors: Schrijver Nico J
Published: September 2024

On 19 May 1989, Nauru instituted proceedings against Australia before the → International Court of Justice (ICJ) in respect to a dispute over the rehabilitation of certain phosphate lands in Nauru (see also → Pacific Islands). The Pacific coral island of Nauru, from 1888 onwards administered by the German Reich until occupied by Australian forces in 1914, was granted as a class ‘C’ mandate under the mandate system of the → League of Nations to ‘His Britannic Majesty’ in 1920 (Mandate for the Island of Nauru, (signed 17 December 1920) 113 BSP 1111; see also → Colonialism; → Mandates). Pursuant to the Nauru Island Agreement of 2 July 1919, concluded between Australia, New Zealand and the United Kingdom to discharge performance of the mandate and to reconcile the conflicting claims of the three parties over the extensive deposits of high-grade phosphate that were discovered on the island in 1900, the administration of Nauru was vested in an administrator, alternatively to be appointed by each of the three → governments, although de facto always by Australia (Nauru Island Agreement (signed 2 July 1919) 113 BSP 151).
Colombo Plan (CP)
Authors: Wortmann Martin
Published: September 2024

The Colombo Plan for Co-operative Economic and Social Development in Asia and the Pacific (formerly in South and South-East Asia) was intended to be a cooperative framework plan between the older and newer → commonwealth countries in order to enable primarily South and South-East Asian States to help themselves through bilateral development agreements, focusing on both technical and capital assistance (see also → International Law, Regional Developments: South and South-East Asia; → Regional Co-operation and Organization: Pacific Region). The idea for the Colombo Plan goes back to a meeting of foreign ministers of the Commonwealth held in Colombo, Ceylon (now Sri Lanka) in January 1950. It was a response to the deteriorating economic situation due to the huge damages caused by World War II in several South and South-East Asian countries. In some of the respective → developing countries, the living standards were even lower in 1950 than they were in 1940. The Colombo Plan, as it was worked out in 1950, initially comprised three regional members—Ceylon, India, and Pakistan—and four donor members from outside the region—Australia, Canada, New Zealand, and the United Kingdom. They decided to set up a permanent Consultative Committee composed of representatives from the Member States, and scheduled the first meetings in Sydney and London for the same year.
Commercial Arbitration and Mediation Center for the Americas (CAMCA)
Authors: Ernst Andrea
Published: September 2024

The Commercial Arbitration and Mediation Center for the Americas (‘CAMCA’) is a tri-national joint creation by the four leading national → arbitration institutions in North America. The American Arbitration Association, the British Columbia International Commercial Arbitration Centre, the Centre d’arbitrage commercial national et international du Québec, as well as the Cámara Nacional de Comercio de la Ciudad de México, launched the CAMCA to provide a counterpart to the → North American Free Trade Agreement (1992) (‘NAFTA’) in the area of private commercial arbitration (→ Commercial Arbitration, International). CAMCA was founded as an independent, private, non-profit organization on 15 March 1996, four years after NAFTA. NAFTA is an international agreement between Canada, the US and Mexico that is designed to eliminate trade barriers and expand investment and trade among the three countries (see also → Free Trade Areas; → Regional Trade Agreements). It provides for different dispute settlement proceedings that may be undertaken exclusively against States (→ North American Free Trade Agreement, Dispute Settlement).
Co-operation, International Law of
Authors: Wolfrum Rüdiger
Published: September 2024

The term ‘law of co-operation’ has been developed as a counterpart to the term ‘law of coexistence’, the latter describing the traditional modern international law (Friedman 60–63; → Peaceful Coexistence). The main feature of such international law of co-operation is the obligation of States to co-operate with each other. The term ‘co-operation’ has never been defined by an international treaty or a resolution of an international organization. Even the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in Accordance with the Charter of the United Nations (→ Friendly Relations Declaration 1970) proceeds from a preconceived terminology. An analysis, however, of this declaration demonstrates that the term describes the voluntary co-ordinated action of two or more States which takes place under a legal regime and serves a specific objective. To this extent it marks the effort of States to accomplish an objective by joint action (→ Joint Undertakings), where the activity of a single State cannot achieve the same result.
Decolonization
Authors: Khan Rahmatullah
Published: September 2024

Decolonization is a process that signifies the attainment of independence of colonial territories, → mandates, trusteeship territories, non-self-governing territories, and the remnants in these categories. Thanks to decolonization, more than 700 million people have attained independence since World War II. Less than 1% of the world’s population now lives under colonial rule. In the beginning of the process there were 51 dependent territories. In the current count, their number is placed at 16 (Western Sahara, American Samoa [US], Guam [US], New Caledonia [France], Pitcairn [UK], Tokelau [New Zealand], Anguilla [UK], Bermuda [UK], the British Virgin Islands [UK], the Cayman Islands [UK], → Falkland Islands/Islas Malvinas, → Gibraltar [UK], Montserrat [UK], St Helena [UK], Turks and Caicos Islands [UK], and the US Virgin Islands [US]). 11 of the enumerated 16 are administered by the UK; three by the US and one each by France and New Zealand. The status of the Western Sahara, Falkland Islands, and Tokelau is undetermined.
Decolonization: Belgian Territories
Authors: Baetens Freya
Published: September 2024

‘Belgian Africa’ consisted of the Belgian Congo (now Democratic Republic of the Congo [→ Congo, Democratic Republic of the]) and Ruanda-Urundi (now → Rwanda and → Burundi). The ‘Congo Free State’ was acquired by King Leopold II at the conclusion of the → Berlin West Africa Conference (1884–85) on 5 February 1885 and thereafter run as a privately controlled corporate territory. After mistreatment of the local population caused significant public pressure and diplomatic manoeuvres, culminating in an international commission of enquiry, King Leopold II had to relinquish his personal control over the territory to the Belgian State in 1908 by the Colonial Charter (Loi sur le gouvernement du Congo belge), which governed the territory until Congolese independence on 30 June 1960.
Decolonization: British Territories
Authors: Sullo Pietro
Published: September 2024

The Black’s Law Dictionary (eighth edition) defines → decolonization as ‘[t]‌he process by which a colonial power divests itself of sovereignty over a colony—-whether a territory, a protectorate or a trust territory—-so that the colony is granted autonomy and eventually attains independence’. Some scholars contend that the use of the term ‘process’ to design the phenomenon of decolonization is not proper, as the latter was the product of a multitude of often chaotic events which were not coordinated (Betts). By generalizing and simplifying the phenomenon known as ‘decolonization’ can be described as the liquidation of the colonial empires that European and some non-European countries had established over non-contiguous overseas territories from the 15th century onwards (→ Overseas Territories, Australia, France, Netherlands, New Zealand, United Kingdom, United States of America).
Decolonization: Dutch Territories
Authors: van Aggelen Johannes
Published: September 2024

When Japan occupied the Netherlands East Indies in March 1942, the territory had been a Dutch colony for more than three centuries (→ Colonialism). In the spirit of the → Atlantic Charter (1941), Queen Wilhelmina, then in exile in London, launched a plan for a post-war commonwealth of the Netherlands, Indonesia, Suriname, and the Netherlands Antilles. At the → Potsdam Conference (1945) the Anglo-American chiefs of staff agreed to transfer jurisdiction over the Netherlands East Indies to the South-East Asia Command under Lord Mountbatten. On August 1945 he became responsible for the fate of 128 million people living in territories devastated by war and with collapsed civil administrations. The task of the Command was, inter alia, to organize the → repatriation of enemy forces after the Japanese → surrender, to liberate Allied → prisoners of war, and to maintain order until the territories had been returned to the respective authorities.
Economic Community of Central African States
Authors: Savadogo Louis
Published: September 2024

The establishment of the Economic Community of Central African States (‘ECCAS’ ‘Community’) falls within the scope of the Lagos Plan of Action for the Economic Development of Africa: 1980–2000, adopted by the Conference of Heads of State and Government of the Organization of African Unity (‘OAU’ see also → African Union [AU]), which met on 28 and 29 April 1980. This document entrusted the Secretary-General of the OAU with the task of setting up ‘as quickly as possible, a Drafting Committee, at ministerial level, to prepare the draft of the treaty establishing the African Economic Community’
Francophonie
Authors: Rabbat Paul
Published: September 2024

Credited to French geographer Onésisme Reclus (1837–1916), the term ‘francophonie’ was coined in the latter 19th century for the purpose of designating the geographical areas occupied by States/peoples having in common the usage of the French language. Bolstered by its use in the 1962 landmark publication ‘Esprit’, ‘francophonie’ superseded alternate appellations describing the same reality such as ‘Francitude’, ‘Commonwealth francophone’, and ‘Commonwealth À la française’. Nowadays the term ‘Francophonie’ is commonly employed as the colloquial short form for the International Organization of the Francophonie (Organisation internationale de la Francophonie [‘OIF’]), an intergovernmental organization having legal personality under public international law (→ Subjects of International Law).
International Law, Regional Developments: Latin America
Authors: Marotta Rangel Vicente
Published: September 2024

The main factors that play a decisive role in characterizing Latin American States and the entire region are chiefly related to geography, economy, cultural values, and a common historic background. The term ‘Latin America’ dates back to the 1850s, with some precedents as early as 1836. Since then, it has referred to 19 Spanish-speaking and Portuguese-speaking countries of North America, Central America, South America and the West Indies. The Latin American States are Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, → Cuba, → Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Uruguay, and Venezuela.
Lubanga Case
Authors: Sullo Pietro
Published: September 2024

The case concerning Prosecutor v Thomas Lubanga Dyilo is the first case adjudicated by the → International Criminal ICC (ICC) through three decisions delivered respectively on 14 March (Judgment), 10 July (Decision on Sentence), and 7 August 2012 (Decision on Reparations). Lubanga, a former rebel leader active in the Ituri Province of the Democratic Republic of Congo (‘DRC’ → Congo, Democratic Republic of the), was found guilty on 14 March 2012 of the war crime of enlisting and conscripting of children under the age of 15 years and using them to participate actively in hostilities from 1 September 2002 to 13 August 2003 within the meaning of Arts 8 (2) (e) (vii) and 25 (3) (a) Rome Statute. On 10 July 2012, he was sentenced to a total of 14 years of imprisonment.
Organisation of Islamic Cooperation (OIC) (previously known as the Organization of the Islamic Conference)
Authors: Mahmoudi Said
Published: September 2024

The Organisation of Islamic Cooperation (‘OIC’) (formerly the Organization of the Islamic Conference) is an international organization, but differs from other international organizations by basing its membership on a religious identity (→ International Organizations or Institutions, Membership). Its members are States predominantly from Asia and Africa. Its existence has been justified as a response to the need for solidarity between the Muslim populations of the Member States to achieve political and economic strength.
Pacific Community
Authors: Blatt Henning
Published: September 2024

The Pacific Community is an international organization of 26 independent, self-governing, and dependent territories in the Pacific, headquartered in Nouméa, New Caledonia. Established in February 1947 as the South Pacific Commission, today’s Pacific Community is the region’s largest scientific, technical, and research development organization. After World War II, all territories in the → Pacific Islands region (with the exception of Tonga) were colonial possessions of Australia, France, the Netherlands, New Zealand, the United Kingdom, and the United States of America.
Pacific Islands
Authors: Van Dyke Jon M , Broder Sherry
Published: September 2024

The Pacific, the world’s largest ocean, contains many of the world’s largest → fish stocks and its smallest countries. Most of these isolated → islands were under colonial domination from the mid-19th century or earlier until about the 1970s, when most became independent. New Zealand (Aotearoa) and Australia participate in many Pacific regional organizations and activities and are generally viewed as partners, but they play separate and distinct roles in the region because of their larger size and differences in culture and history.
Phosphates in Morocco Case
Authors: Menzel Jörg
Published: September 2024

The decision of the → Permanent Court of International Justice (PCIJ) in the Phosphates in Morocco Case is one of the last decisions delivered by that Court before it stopped operating in 1939. The case was about certain alleged rights of Italian citizens to explore phosphate deposits in the then-French protectorate of Morocco (→ Protectorates and Protected States), but it was decided solely on the ground of lack of jurisdiction ratione temporis, with Italy’s claim against France therefore being rejected.
Timor Island Arbitration
Authors: Hilpold Peter
Published: September 2024

In the Arbitral Award Rendered in Execution of the Compromis Signed at The Hague, April 3, 1913, between the Netherlands and Portugal concerning the Subject of the Boundary of a Part of their Possessions in the Island of Timor (‘Timor Island Arbitration Award’) issued on 25 June 1914 by Judge Lardy, important statements were made with regard to treaty interpretation (→ Treaties; → Interpretation in International Law), the relevance of → maps in the determination of frontiers (→ Boundaries), and with regard to the significance of the principle of → equity in international law.
United Nations, Economic and Social Council (ECOSOC)
Authors: Röben Volker
Published: September 2024

The Economic and Social Council (‘ECOSOC’ or ‘Council’) has the broad mandate of coordinating the economic, social, and development work of the UN that the Charter envisages in Art. 55 (c). The General Assembly (→ United Nations, General Assembly; ‘UNGA’) and the world conferences have been re-orientating the role of ECOSOC towards implementation of the 2030 sustainable development goals (‘SDGs’). The Charter-defined status as a limited membership principal organ, its competence and powers, and its functions enable ECOSOC to discharge this role.
Introduction
Authors: McDermott Yvonne
Published: September 2024

This chapter sets the context for the book by demonstrating that evidence issues have been at the heart of recent controversies in international criminal law, particularly before the International Criminal Court. It explains the importance of a comprehensive treatment of the law of evidence and proof in international criminal law at this time. It explores the nature of international criminal evidence, highlighting four key features that guide international criminal tribunals’ treatment of evidence: the flexibility and discretion afforded to Chambers; the free assessment of evidence; the centrality of fairness; and the search for the truth. This chapter discusses some of the unique challenges of proving international crimes and provides an overview of the structure of the remaining chapters.
Deliberation and Discussion
Authors: Guerrero Alexander
Published: September 2024

This chapter considers the role of deliberation and discussion within lottocratic institutions, focusing particularly on potential benefits and concerns about deliberation within the agenda-setting phase, learning phase, and other parts of the lottocratic legislative process. The chapter draws a distinction between three different forms of lottocracy: wild lottocracy (with no rules or structure concerning deliberation), quiet lottocracy (with no deliberative components at all), and reflective lottocracy (with thoughtfully structured deliberation, informed by empirical study of deliberation). An argument is made that, in most political contexts, reflective lottocracy is likely to result in improved political sensibility, on the grounds that well-structured deliberation will help with learning and retention; provide an opportunity for SILL members to learn from each other by sharing evidence and experiences; present an opportunity for moral learning; break down social divisions; and promote trust, common purpose, understanding, and empathy across social lines and lines of disagreement. The chapter notes that deliberation can go awry in a number of ways, but that there is empirical evidence that many harms—harms of disrespect, harms to communality, and harms of sensibility—can be mitigated or eliminated by thoughtful design of deliberative structures. The chapter concludes by suggesting that there should be a structural assembly focused on monitoring and overseeing the rules and procedures regarding deliberation and discussion to ensure that they are functioning well.
Drawing the Line between Pure and Applied Physics
Authors: Martin Joseph D.
Published: September 2024

The categories of pure and applied science—and by extension, pure and applied physics—have a complicated relationship. They have sometimes been complements, sometimes opposites, and routinely at the center of debates about how scientific labor should be both divided and rewarded. Their presence in the name of the International Union of Pure and Applied Physics (IUPAP) indicates how these categories reflected the union’s aspiration at its founding. As the union evolved, and became more global, the question of the pure–applied distinction and its role in the organization’s mission became more fraught. This chapter explores how, and with what consequences, IUPAP managed the pure/applied distinction as its significance evolved through the last hundred years.
Restoring Physics
Authors: Simon Josep
Published: September 2024

This chapter analyses the first IUPAP Conferences on Physics Education, held in Paris (1960) and Rio de Janeiro (1963), respectively. It suggests the interest of studying physics as a profession through contemporary pedagogical debates. These debates were simultaneously efforts to reshape both physics and society that involved boundary work, diplomacy, and demarcation between scientific and pedagogical knowledge, across geopolitical and professional scales. I characterize the role in this field of IUPAP in association with other international and national, public and private, organizations. I propose a comparative analysis between the conferences and across the US, European, and Latin American communities of physics and educators that performed them. Moreover, the paper reflexively analyzes emerging discourses on scientific, technological, and educational development. It characterizes the making of a signature pedagogy for physics, and pinpoints the relevance of considering the emergence of the educational expert profession.
Edoardo Amaldi and the Scientific Collaboration with the USSR
Authors: Cozzoli Daniele
Published: September 2024

This chapter provides an exploration of Edoardo Amaldi’s Presidency of the International Union of Pure and Applied Physics (IUPAP), spotlighting his instrumental role in promoting international scientific collaboration and elucidating the multifaceted challenges he adeptly navigated during a complex juncture characterized by the Cold War and decolonization dynamics. Amaldi was proposed for President of the IUPAP by Mott and Fleury, because they looked at him as the most fitting candidate to promote the re-integration of Soviet physicists in the world community of physicists. Amaldi promoted research at national and at inter-European level that he considered two complementary moments. The experience of World War II led him to think that research in physics should be kept free from military connections. During his presidency he had to face the intricated cases of the two Germanies and the two Chinas and also promoted the integration of Asian physicists within the IUPAP
The Only (Tense) Encounter of a Non-Existent Relationship?
Authors: Turchetti Simone
Published: September 2024

During the Cold War, the North Atlantic Treaty Organization (NATO) and the International Union of Pure and Applied Physics (IUPAP) became major patrons for international exchanges in the physical sciences. Yet, they did not endorse or even acknowledge their respective roles, as IUPAP sought to sidestep Cold War divisions facilitating exchanges across the Iron Curtain, whereas NATO weaponized the patronage of physics aligning it to its Cold War agenda. The only instance recorded in official documents when their administrators entered into a conversation is when, following the erection of Berlin’s Wall, French, British, and US authorities agreed to no longer issue travel permits to GDR physicists. Since NATO endorsed and extended this ban to all its member states, IUPAP officials approached its authorities calling for its removal. This paper thus charts the circumstances of the only (tense) encounter between two organizations deliberately uncommunicative with one another, also showing its significance in shaping their trajectory as international organizations in the following years.
Unifying Principles within Pluralist Tort Adjudication
Authors: Geistfeld Mark A.
Published: September 2024

A healthy political society values diverse viewpoints and their associated moral theories. Recognizing as much, Jane Stapleton and numerous other tort scholars have concluded that tort law is committed to pluralism as a substantive matter. Their reasoning seems incontrovertible: tort adjudication has always been conducted in terms of incompletely theorized mid-level moral principles such as reasonableness or fairness that can be justified by a plurality of values. Though otherwise valuable, substantive pluralism is problematic in the context of adjudication. If tort law must always be formulated to protect a plurality of competing moral values, it could not justify judicial decision-making in hard cases, nor could it meaningfully protect individual rights or otherwise provide individuals with requisite guidance on how they should behave when pluralist values conflict. Rather than entailing a commitment to pluralism as the substantive rationale for tort law, pluralist adjudication is more plausibly characterized as a dynamic process of constructive interpretation. Litigants have an institutional right to be treated equally under the law. The common law implements this requirement with its characteristic mode of judicial decision-making based on analogical reasoning—treating like cases alike. Analogical reasoning depends on unifying principles for categorizing individual cases, turning pluralist tort adjudication into a process that incrementally develops unifying categorical principles with the potential to converge into a single integrated rationale for tort law.
Duty of Care Factors: Principle and Policy Decisions in the United States
Authors: Bublick Ellen M
Published: September 2024

The story of duty of care in tort law is a story of substantive values. This chapter examines both substantive factors at work in recent US duty-of-care decisions, and doctrinal tests employed to frame those choices. It finds that the 50 state systems employ a wide range of tests, but have a deep structure that pervades the varied formulations. It also addresses some of the substantive factors salient in US decisions. US courts are much more concerned with protecting against physical harm than against economic loss. Within the physical injury realm, harm-prevention rationales are particularly important to US explanations and holdings. One context critical to fostering the physical security of persons is the care required of people who do not have previously recognized special relationships with each other—duties to strangers. In this area, although US states’ supreme courts are hesitant to embrace a ‘duty to the world’, they increasingly recognize duty within ‘webs of relationship’—in supply chains or shared work environments, for example. Another area of increased substantive attention is equality of persons.
An ‘Opaque Conclusionary Label’?: Assumption of Responsibility and Pure Economic Loss
Authors: Sales Philip
Published: September 2024

Hedley Byrne v Heller established that there is a class of case where recovery of damages in the tort of negligence for pure economic loss is possible. This was said to be on the basis of an assumption of responsibility by the defendant. Jane Stapleton has criticised the concept of assumption of responsibility as ‘an opaque conclusionary label’ which does no normative work. In many areas, she is right. But there is a class of case in which assumption of responsibility has real normative force and is the appropriate concept to use. It has deep roots in the common law in the assumpsit forms of action and extends to give a cause of action for both physical and pure economic loss. The concept lies in an area falling between the standard categories of tort and contract. It applies where a defendant invites the claimant to depend upon it for performance of a task, and then negligently mis-performs resulting in loss for the claimant. The value of the concept in the area where it has proper application by over-extending use of the label into other parts of the law of negligence should not be lost sight of.
Dialogues on Causation with Stapleton
Authors: Wright Richard W
Published: September 2024

Until recently, Stapleton agreed that the analysis of factual causation, based on the laws of nature, should be distinguished from the further issues of legal responsibility and ultimate liability, and that the NESS weak-necessity analysis is the best available analysis of factual causation. However, denying the utility of theory and the existence of any core concept of causation, she has proposed various ‘more forensically attractive’ versions of the NESS analysis, all of which are modified but-for tests that depart from the NESS analysis and are deficient. Recently, she has rejected the NESS analysis and the distinction between factual causation and attribution of legal responsibility. Nevertheless, her work has led to improvements in the NESS analysis and has facilitated its general acceptance by academics and increasingly by the courts as they have become aware of it in relevant cases.
Continuing the Product Liability Illusion
Authors: Gardner Jodi , Green Sarah
Published: September 2024

Jane made significant and important contributions to many areas of tort law. One of the important but too often overlooked contributions was on the laws on product liability, namely the Council Directive on Liability for Defective Products and the Consumer Protection Act 1987. This chapter reflects on the impact of Jane’s work in this area. Most importantly, she correctly predicted that the drafting of the Directive and the application of defences would result in a movement away from strict liability and towards a fault-based consideration. Jane’s thoughtful and detailed analysis is also exceptionally helpful when considering how artificial intelligence (AI) and software-based products should be regulated and who should bear the risk of these developments.
Agency under Structural Constraints in Social Systems
Authors: Haslanger Sally
Published: September 2024

In Chapter 3, ‘Agency under Structural Constraints in Social Systems’, Sally Haslanger asks where individuals’ agency is located in complex social systems that produce injustice. This leads her to develop a detailed account of social systems, incorporating the relationship between individuals, culture, and material conditions so that we might better understand how structural injustices manifest. She draws on William Sewell’s understanding of social structures and locates the possibility for change in the ability of agents to transpose schemas to different resources or situations. Haslanger stresses the stability of social structures, including unjust structures. She describes the complex set of shared cultural resources for understanding and relating to the world as a ‘cultural technē’ that mediates social practices consisting of patterns of learned behaviour that allow us to coordinate with others. Haslanger argues that an unjust social practice organizes or distributes resources in an unjust way or fails to provide an adequate cultural framework to interpret what is valuable. She explains that agents continue to reproduce these social structures for three reasons: because action that conforms to social practices is intelligible to others; because social practices distribute power and the ability to maintain structures; and because the material conditions can be very difficult to change. Haslanger considers how unjust structures are remarkably stable, because agents have strong incentives to cooperate with the existing social structure, even when disadvantageous.
Towards a Pluralistic Account of Structural Injustice
Authors: Nuti Alasia
Published: September 2024

In Chapter 12, ‘Towards a Pluralistic Account of Structural Injustice’, Alasia Nuti asks in what sense past injustices are linked to an unjust present. Nuti explains how, traditionally, historical injustice has been understood as causing or creating a legacy of new injustices. However, she argues that the language of ‘causality’ and ‘legacy’ offer a poor understanding of what she calls the ‘presence of history’ in contemporary unjust contexts. As an alternative approach, Nuti fuses a structural understanding of history together with a structural conception of injustice. This ‘historical structural injustice’ Nuti describes as unjust social–structural processes that enable asymmetries between differently positioned structural groups—those with common experiences vis-à-vis their structural position. Nuti suggests that thinking in terms of ‘past’ and ‘present’ is both theoretically and normatively problematic. Historical structural injustices should be regarded rather as continually being ‘newly reproduced’. Nuti suggests a typology of three kinds of distinct structural group: ‘Historical Structural Groups’—groups that have historically experienced formal discrimination and exclusion; ‘Nonhistorical Structural Groups’—groups that are currently experiencing structural injustice as a result of cumulative social processes; and ‘Historical Groups with Structural Dynamics’—groups that that have a multifaceted historical character while being characterized by structural dynamics. Through this approach, Nuti argues, a clearer picture emerges as to how structural injustices are reproduced over time and which contemporary agents have specific responsibilities of redress.
Populist Mobilization
Authors: Aslanidis Paris
Published: September 2024

Populist Mobilization presents a novel theoretical framework for the study of grassroots populist movements. Integrating Laclauian discourse analysis with collective action frame theory, it examines two cases studies from the protest cycle of the Great Recession: the Icelandic Pots and Pans Revolution and the Greek indignados. Drawing from semi-structured interviews with activists and an extensive analysis of the movements’ paper trail and audiovisual material, it explores organizational aspects, processes of collective action framing, the construction of collective identities, and the influence of cultural elements. Additionally, the book embarks on a historical exploration of the intellectual roots of populism to dispel the pejorative connotations attached to the concept and advocates for a collaboration between sociologists and political scientists on a comprehensive research agenda for the populist phenomenon that transcends the institutional/non-institutional divide.
The strange birth of the concept of populism
Authors: Aslanidis Paris
Published: September 2024

Chapter 2 presents an intellectual history of the concept of populism, beginning with the initially laudatory treatment of the US People’s Party by early-nineteenth-century Progressive historians and leading to its transformation into a social scientific term of opprobrium by revisionist American scholars in the mid-1950s. Calling attention to Richard Hofstadter’s role as the handmaiden of contemporary anti-populism, it analyzes the political rationale behind associating populism with irrational psychological drives in the context of McCarthyism and Cold War liberalism. The chapter further explores the demise of revisionist history in the late 1960s and the rehabilitation of Populism as a progressive force in the American reform tradition. However, a pathological understanding of populist mobilization survived the counter-revisionist attack and continues to dominate academic and intellectual perspectives on a global scale. This enduring negative legacy affects social movement scholars, discouraging them from associating populism with progressive grassroots mobilization.
Introduction
Authors: Badoud Nathan
Published: September 2024

Even today, knowledge of the Colossus of Rhodes seems limited to the information provided by Pliny the Elder two thousand years ago. After a review of the historiography, the Introduction defines the conditions for ground-breaking research on the subject. On the one hand, the Colossus cannot be properly understood without mobilizing a large array of scholarly disciplines. On the other, the history of the statue cannot be limited to its period of existence but must go back to the eighth century bc to include its cultural background and down to the present to allow for an analysis of its reception.
The Artist
Authors: Badoud Nathan
Published: September 2024

Chapter 3 gathers the evidence about the sculptor who created the Colossus of Rhodes. While he passed to posterity as ‘Chares of Lindos’, his actual name was ‘Chares of Rhodes’. He was a pupil of Lysippus, with whom he may have cast the ‘Chariot of Helios’ mentioned by Pliny the Elder. Although some archaeologists place this sculpture in Delphi, it was certainly built on Rhodes, where other traces of Lysippus’ activity can be found. Apart from the Colossus, only one work can be attributed to Chares. The source that mentions the suicide of the artist does not seem trustworthy.
Misconduct in Public Office and the Police Corruption Offence
Authors: Nicholls Colin , Bacarese Alan , Maton James , Scott Rachel , Hatchard John
Published: September 2024

This chapter considers the case law governing the nature and elements of the common law offence of police corruption. It examines the Law Commission’s Background and Consultation Papers, and includes the recommendations in its Final Report that two new offences should be created: an offence of Corruption in Public Office; and an offence of Breach of Duty in Public Office. It includes the CPS Guidance Policy, the CPS Guidance on Assessing the Public Interest in Cases Affecting the Media; the CPS Media: Prosecuting Cases where Public Servants have Disclosed Confidential Information to the Media. It also includes the tort of misfeasance in public office and the elements which constitute the tort, distinguishing it from the criminal offence.
The United Nations Convention Against Corruption I
Authors: Nicholls Colin , Bacarese Alan , Maton James , Scott Rachel , Hatchard John
Published: September 2024

This chapter provides a background to the United Nations Convention Against Corruption (UNCAC) as well as its scope and structure. It then focuses on Chapter II of the convention. It provides an in-depth analysis of the public sector preventive measures/good governance provisions. In addition, the chapter addresses • The role of auditors-general/supreme audit authorities • Transparency, access to information, and national security • Judiciary, courts, and prosecutorial services • The private sector • Measures to prevent money laundering • Participation of civil society The Chapter explores the UNCAC provisions relating to public procurement and the management of public finances and includes a special section on the response to the corruption challenges arising from the COVID-19 pandemic. Steps towards the practical implementation of the Convention through the work of the UNCAC Conference of the States Parties are noted extensively.
Common Law Jurisdictions
Authors: Nicholls Colin , Bacarese Alan , Maton James , Scott Rachel , Hatchard John
Published: September 2024

This chapter provides an overview of the criminal law, and other relevant legal provisions, that relate to the investigation, prosecution and sanctioning of corruption and related offences in a number of key common law jurisdictions. The individual country assessments focus on the legal framework, an analysis of the main agencies and how they enforce the law and also addresses key cases from recent years. The chapter covers the following jurisdictions: Australia, Canada, India, Ireland, Kenya, New Zealand, Nigeria, and Singapore
The Contribution of Civil Society in Strengthening Good Governance and Combating Corruption
Authors: Nicholls Colin , Bacarese Alan , Maton James , Scott Rachel , Hatchard John
Published: September 2024

Whilst the vital role of civil society is noted throughout the book, this chapter provides a summary of the range of this work and the important initiatives being undertaken. • The UNCAC and the role of civil society • Civil society and developing partnerships with governments and the private sector • Promoting standard setting in the private sector • Investigating and reporting corruption • Undertaking research and providing training relating to good governance and anti-corruption issues • Providing legal and research materials relating to good governance and anti-corruption • Developing initiatives designed to facilitate combating corruption in relation to environmental crime • Using social media to promote anti-corruption issues and awareness • Involvement in monitoring the implementation of international and regional anti-corruption instruments • Quantifying corruption and good governance • Undertaking legal challenges in support of good governance and combating corruption through judicial review and bringing prosecutions • Developing networks of practitioners for sharing information and promoting cooperation in combating corruption and money laundering. • Participation in the return of the proceeds of corruption to victim countries