bluuebunny/crossref_metadata_2025 huggingface dataset:
Conclusions
Authors: Nyman John A.
Published: January 2024

This chapter summarizes the main components of the quid pro quo theory compared to the corresponding components of conventional theory. After considering some of the empirical challenges that would be faced in applying the new theory, the main contributions of the theory are summarized. The chapter then illustrates the importance of the quid pro quo theory by reimagining the last 75 years of health insurance policy if it were based on the quid pro quo theory instead. The chapter, and book, concludes by reiterating the the book’s thesis. In an appendix, the acceptance among economists of two aspects of the quid pro quo theory—prospect theory’s finding that consumers prefer the risk of loss to a certain loss, and the theoretical finding that much of moral hazard is due to income effects—is shown to be far from complete. Some reasons for the reluctance to accept these aspects are suggested.
Expanding the Borders of a Common Good
Authors: Golden Jonathan
Published: January 2024

This chapter discusses the importance of firsthand experience and direct encounters in helping students discern vocations that contribute to a common good. It emphasizes the value of civic engagement programs that combine coursework with cocurricular activities and experiential learning programs. The chapter explores various ways of finding fulfillment by serving others, pushing the boundaries of the language of “othering” and “us/them.” Drawing from the field of peace and conflict studies, the chapter examines examples of transformational learning experiences where conventional boundaries dissolve and vocational discernment occurs. This might be a civil dialogue, study-abroad experience, or conflict resolution training. Such practices invite students to fight for causes that are not their own and to see another’s experience as hinged to their own pursuits and purpose. Colleges and universities must engage students in ongoing processes of personal reflection, discovery, and genuine exchange with people from all worlds and walks of life.
Persons, Worlds
Authors: Robertson Matthew I.
Published: January 2024

This chapter introduces the subject of personhood and its significance to Indic traditions and academic discourses. The category of “person” is distinguished from the categories of “self” and “body” by virtue of its relational, permeable, and “extensional” or “expansive” character. The scholarly tendency to frame persons as “microcosms”—bodies that contain within themselves the replication of the cosmos-at-large—is problematized. Indic persons are most often conceived as outward-facing, phenomenalistic, worldwide entities. The chapter provides a brief summary of the structure and contents of the book. The significance of Indic theories of personhood to modern debates on environmental personhood and legal personhood is discussed.
The Expansion of Sovereign Personhood in the Ṛgveda
Authors: Robertson Matthew I.
Published: January 2024

This chapter examines the roots of Indic thinking about personhood in the Ṛgveda. These roots are discerned in linguistic patterns surrounding the Vedic gods Indra, Agni, Soma, and Viṣṇu, especially in relation to the creation myth of Indra’s perennial battle against the asura Vṛtra. Personhood here is directly related to cosmogony, sovereignty, and the dynamics of ritual cosmology. Cosmogony is expressed in terms of solar dynamics of swelling and receding. Sovereigns master these forces by their Sun-like might and manhood, and rituals both describe and compel cosmological forces toward these political and cosmic ends. The Puruṣa Sūkta, a late-Ṛgvedic hymn that first celebrates the puruṣa as a cosmogonic, sovereign, and world-sized figure, reflects an innovative and culminating reformulation of the core themes generated in the Ṛgveda’s earliest cosmogonic mythology.
Persons, Worlds
Authors: Robertson Matthew I.
Published: January 2024

This chapter summarizes the arguments of the preceding chapters, focusing on the emergence of a pre-Classical period paradigm of personhood. Future developments of personhood in Indic tradition—involving a rupturing of the person-to-world relationship that became predominant in Classical-era traditions—is described to highlight the historical significance of pre-Classical personhood. The subject of microcosms, and the distinctiveness of Indic approaches to personhood from microcosm-oriented thought, is reintroduced and connected to the issue of environmental personhood as introduced in chapter one. The logic in the State of Uttarakhand’s court cases regarding the legal rights of the Ganges and Yamuna rivers is compared to the logic of personhood developed across the preceding chapters.
Introduction
Authors: Piilonen Miriam
Published: January 2024

The introduction summarizes the main topics of book and the interdisciplinary critical framework to be applied. The primary texts are historical evolution treatises, emphasizing music-evolution texts formulated in nineteenth-century Britain. With the advent of Victorian theories of evolution in nineteenth-century Britain, theorists such as Herbert Spencer, Charles Darwin, and Edmund Gurney brought new evidence and explanation to bear on music’s presumed place in evolution. How “music” was invoked by Victorian evolutionary theorists implied a novel theoretical affordance for the concept of music, which crystallized alongside nineteenth-century evolutionary science: Music as a boundary-drawing device, used to trace or obscure the conceptual borders between human and animal. This history has gained new significance as the subfield of evolutionary musicology has been recently revived after decades of dormancy. The introduction concludes with a summary of chapter contents.
Decisions on the Ground
Authors: Snegovaya Maria
Published: January 2024

This chapter further supports the book’s argument by relying on an experimental survey approach to demonstrate the impact of left party centrist shifts on party alignment dynamics in Hungary. The chapter describes the results of experimental surveys conducted in Hungary, where some respondents were told that left parties embraced pro-market policies. These respondents said that they would choose the populist right in the next election, as long as these parties promised greater social protection. Those effects were more pronounced among working-class respondents. Without these economic promises, the anti-immigrant, nativist appeals from the populist right were not enough to cause these voters to shift their support to the populist right. The results of these experiments highlight the important role that economic insecurities play in promoting support for populist right parties. These findings are then interpreted through the book’s central hypothesis: that the left parties' embrace of neoliberal policies pushed the traditional left’s constituencies to the right side of the political spectrum, contributing to the successes of populist right parties.
Conclusion
Authors: Snegovaya Maria
Published: January 2024

The conclusion offers a summary of the book’s main findings and discusses their scholarly contribution and implications. It discusses the idiosyncratic features of postcommunist region. Higher volatility and the fluidity of postcommunist systems in addition to the large size of working-class electorates available for incorporation into populist right parties have reinforced the party realignment dynamic in the region. Center-left parties could adjust their economic policies and programs, adopt more distinctly leftist policy stances, address the demands of frustrated and economically vulnerable voters who currently find their economic needs best represented on the right side of the political spectrum, and reduce the rightward drift of party systems. The observed trends in the party systems of Eastern Europe are not a regional anomaly defined by the idiosyncrasies of postcommunist transitions, but part of a broader ongoing process that is also occurring in other European polities. This closely resembles the patterns of neoliberal dealignment in Western Europe, which also opened the door to new types of populist contenders.
Is There a Human Nature?
Authors: Nathan Marco J.
Published: January 2024

The book’s guiding question—can science shed light on human nature?—cannot be raised, let alone answered, without an explicit definition of what is being sought. Chapter 3 frames the object of explanation by considering three influential proposals. On a first stance, human nature coincides with the essence of being human, a set of intrinsic conditions individually necessary and jointly sufficient for belonging to our species. Despite its intuitiveness, essentialism is no longer popular, as no non-trivial intrinsic properties are satisfied by all and only humans. Second, the natural state model purports to capture the idea that human nature describes only “normal” humans. Third, “field guide” conceptions of human nature aim to capture and explain typical and characteristic human traits. Field guide conceptions are empirically and methodologically viable. Nevertheless, such “thin,” toned-down definitions are unable to play the “thick” normative role traditionally demanded of human nature.
Are We Genetically Determined?
Authors: Nathan Marco J.
Published: January 2024

Chapter 5 focuses on genetic determinism. It begins with a primer of genes, genomes, and their role in the production of organisms. It then provides a preliminary definition of genetic determinism according to which a trait is genetically determined if and only if it has a flattish norm of reaction. Next, it connects genetic determinism with heritability, a technical concept purporting to quantify the degree of variation in a trait due to genetic differences within a population of reference. The remainder of the chapter discusses developmentalist challenges to determinism and outlines the prospects of bolstering a true interactionist model of how genes and environment jointly produce biological organisms. It concludes that genetic determinism admittedly does not provide a suitable proxy for naturalizing the study of human nature. The pesky concepts of innateness and genetic determinism presuppose a human nature and, as such, they cannot explain it.
Medical Reproduction and Pregnant Women
Authors: Richie Cristina
Published: January 2024

This chapter concretizes the use of MR as a carbon-intensive procedure offered by healthcare—but not necessarily meeting a goal of medicine—by highlighting the unnecessary environmental demands of medicalized pregnancy. Medical procedures related to fetuses, such as selective reduction, miscarriage, and prematurity; medicalization of childbirth, whether vaginally or with a cesarean section; and the cosmetic procedures that may be offered to women post-partum are part of medicalized reproduction for pregnant women, which absorbs natural resources and emits carbon. While academic work on the medicalization of pregnancy has been present for nearly four decades, its environmental impact has been overlooked. Calling for environmental accountability, given the preventability and lack of clinical indication, the impact on the population and ecosystem, and the risks for infants and women, is the only logical reaction.
Heterogeneity across Districts and within-District Partisan Gap and Proclivity
Authors: Merrill III Samuel , Grofman Bernard , Brunell Thomas L.
Published: January 2024

Empirically, the lion’s share of growth in the partisan gap in legislative polarization has been generated by district-specific divergence between party candidates. Two other factors have also increased polarization: ideological heterogeneity among districts, and partisan proclivity in the choice between candidates ideologically equidistant from the median voter. This chapter presents two models of the relationship between these three factors and the rise in polarization, suggesting that polarization may increase with the square of the across-district variation in district ideology.
Crisis Stories
Authors: Strasser Irene , Dege Martin
Published: January 2024

COVID-19 and related measurements and consequences have highly influenced psychological practice and research, but also the discipline of psychology itself. This chapter starts with discussing how aspects of inequality and discourses of the “unprecedented” are related before asking how crises shatter individuals’ routines and meaning-making through being confronted with unexpected and uncommon events. Analyzing the social, political, and economic factors that have contributed to the COVID-19 pandemic seems crucial in understanding the pandemic’s psychological impacts. The chapter explores the ways in which systemic inequalities and injustices have exacerbated the effects of COVID-19 on marginalized communities as well as the role of neoliberalism and globalization in shaping public health policies.
Beyond Trauma Narratives
Authors: Lucić Luka , Fløgstad Guro Nore
Published: January 2024

To understand how moments of crisis shape stories told in the aftermath, the authors explore narrative thought processes through the prism of a regional crisis. Drawing on research with participants who grew up during the military siege of Sarajevo (1992–1995), the authors describe spaces within the unoccupied city shaped by military destruction and consider the range of unique activities these spaces afforded to young people. Analyzing narratives written in the aftermath of the siege, the authors focus on participants’ enactment of adverbs, a linguistic category used to qualify action in relation to place, time, circumstance, or manner. Their analyses show that, as participants reflect on activities of heightened danger across novel and precarious spaces, their narratives become more evaluative, often illustrating their feelings or impressions and qualifying the relationship between self and the context of activities. Beyond the singular focus on trauma narratives, the authors’ findings suggest a complex sociocognitive response to crisis.
Plotless Stories and Unthought Knowns
Authors: Josselson Ruthellen
Published: January 2024

This chapter offers reflections on the subjective experience of the pandemic and the ensuing lockdown in its early stages. The threat of actual loss of life led to loss of customary and predictable life. The disintegration of life as people knew it engendered profound and challenging psychological processes. This chapter gives voice to and conceptualizes these processes in psychological terms. Futurity, the setting of goals in time, and intentionality were compromised, if not obliterated. The usual narrative resources used to shape and understand lives were upended as stories became plotless, repetitive, and atemporal. The deprivation of social interaction and physical participation in the outside world offered an opportunity to reflect on the role of narrative in individuals’ lives. The depth of the uncertainty and vulnerability people experienced can be conceptualized as related to unconscious unthought knowns, unprocessable elements at the deepest levels of human experience.
Coping Personally and Politically with World Crises
Authors: Ferrari Michel , Munroe Melanie
Published: January 2024

In this chapter, the authors discuss the relation of crisis to wisdom, specifically, the idea of wisdom as an aspect of posttraumatic growth. Wisdom is a complex multidimensional capacity or competence to cope both with severe crises and with everyday nuisances. Personal posttraumatic growth interacts with wisdom through life narrative and provides a template for collective posttraumatic growth. Communal collective coping can reduce risk and create opportunities at four levels: basic services and security; community and family supports; focused, nonspecialized supports; and specialized services. These four levels frame and support both the community as a whole and the lives of every individual coping with crisis.
The Self and Its Crises
Authors: Brockmeier Jens
Published: January 2024

During the height of the COVID-19 pandemic, the world was pervaded by the idea of “the virus” as an attacker and, in tandem, the concept of “the self” being attacked by it. This is puzzling, not least because the self is a philosophical and psychological construct, a concept, that rarely attracts global attention. But the virus changed this scenario, viewed as if it was assailing “the modern self, “the Western self,” or simply “our self.” As a consequence, the self in these COVID-19 discourses is understood as an entity on the same ontological level as the virus. This chapter explores the semantic, historical, metaphorical, and narratological background of this construct of “the self” challenged by the coronavirus and the resulting pandemic.
Endgame
Authors: Beres Louis René
Published: January 2024

Our decentralized system of international law has never actually “worked,” and its next conspicuous failures could become existential and irremediable. Here, recalling the seminal work of Professor Giuliana Ziccardi Capaldo, this chapter argues that further and continuous “verticalization” of the international legal community will prove indispensable to nuclear war avoidance and genocide prevention, but still not be sufficient for long-term planetary survival. In the final analysis, an informed case is made to augment plainly needed structural remedies with certain apt transformations of the individual person. Only when jurisprudential remediation is directed simultaneously to the macrocosm (world legal institutions) and microcosm (individual human beings) could international law ever meaningfully “work.”
Deconstructing the Struggle Against Nuclearism
Authors: Falk Richard
Published: January 2024

The prolonged, ongoing Ukraine War has raised dormant concerns in the global public about the clear and present danger of a nuclear war than at any time since the Cuban Missile Crisis of 1962. The damaged Ukrainian nuclear reactor complex at Zaporizhzhia additionally suggests that nuclear energy facilities should be treated dangerous alongside the weaponry. The broader conflict between Russia and the United States can be best understood as a “geopolitical war” the outcome of which will influence whether future world order will be shaped by the logic of unipolarity, bipolarity, or multipolarity. This article argues that “arms control” and “disarmament” as approaches to mitigating nuclear dangers are radically different, with the former aiming at stability and emphasizing commitments to non-proliferation and the latter seeking transformative results by eliminating nuclear weaponry altogether. The disarmament approach has a juridical appeal due to its rejection of present hegemonic and hierarchical structures controlling nuclear weaponry, anchored in the US managed non-proliferation regime.
Algunos Comentarios Al Estudio De La Comisión De Derecho Internacional, Sobre Los Principios Generales Del Derecho
Authors: López Zamora Luis A.
Published: January 2024

La Comisión de Derecho Internacional (CDI) inició en 2018 un estudio sobre los principios generales del derecho. Esta contribución tiene como propósito analizar los dos primeros informes del Relator Especial, en particular, la forma como los principios generales del derecho de origen doméstico habrían de incorporarse en el Derecho Internacional. Después, pasaremos a cuestionar el método construido por el Relator e indicaremos si puede considerarse el más adecuado. Tomar en cuenta el estudio del Relator Especial es importante, pues su análisis—hasta el momento—implica: (a) el establecimiento de un proceso intrincado para la identificación de los principios generales del derecho, haciendo más difícil su aplicación; y, debido (b) al efecto restrictivo que tendría en el rol que los tribunales y cortes internacionales (y la comunidad internacional) podrían desempeñar en aquella tarea. Además, analizaremos el método y la identificación de los principios generales del derecho formados directamente en el Derecho Internacional. In 2018, the International Law Commission (ILC) started a study on the general principles of law. This contribution will analyze the provisional conclusions reached by the Special Rapporteur in the matter, specifically regarding the ways the general principles of domestic law are to be incorporated in International Law and—thereon—questions the appropriateness of the methodology offered by him. The Special Rapporteur’s study in the matter is relevant, insofar as it has implied: (a) the establishment of an intricate process, which makes the applicability of the general principles of law more stringent; and (b) the reduction of the role of international tribunals and courts in that endeavour. At the same time, the article will tackle the method formulated by the Special Rapporteur with regards to the identification of the general principles of law formed within International Law.
The Court’s Role in Upholding Inter-Generational Obligations Respecting the Child’s Right to Truth: Juliana v. United States as a Case in Point
Authors: Grover Sonja C.
Published: January 2024

The UN Commission on Human Rights has long recognized that the right to truth regarding grievous human rights violations constituting international crimes is inalienable and non-derogable. Yet children’s right to truth is often not respected especially if they are not the contemporary proximate victims of the atrocities perpetrated. This ignores inter-generational obligations regarding the right to truth. The neglect of the right to truth belonging to children qua children may be related to a general failure to acknowledge the persecutory targeting of children as a particular identifiable collective defined by age intersecting with other characteristics. This commentary examines the denial of the child’s right to truth involving current and future child generations and the larger societal implications of that denial. The issue is discussed using the specific holding of the US Federal Court of Appeals (Ninth Circuit) in the child rights climate change case Juliana v. United States.
Information Interventions in the Twenty-First Century
Authors: Kirchmair Lando
Published: January 2024

The twenty-first century has seen an unprecedented rise in manipulation by disinformation, the Russian war of aggression against Ukraine being no exception to this trend. Shocked by the blatant violation of fundamental international norms, the international legal community is not as defenseless as might have seemed at first glance. Creative solutions are needed, however. This note argues that information interventions, advocated here in the form of international information campaigns, have been given little thought so far and are an underrated but important tool which might provide relief. Actively fighting manipulative disinformation across national boundaries is important for a resilient international legal order in the (digital) information age. This insight might come too late in the case of Ukraine: still, it is a lesson to be learned for future conflicts lurking behind the veil of authoritarian regimes and totalitarian states.
Non-compensatory Reparation Modalities in UN Legal Sources
Authors: Pérez-León-Acevedo Juan-Pablo
Published: January 2024

Compensation has been traditionally the most common reparation modality to redress harm inflicted. However, UN legal sources have increasingly evidenced that compensation is only one among other reparation modalities, especially regarding victims of gross violations of human rights. The main research question of this piece is: How have key UN legal sources addressed non-compensatory that states are obliged to provide to victims of gross violations of human rights? Non-compensatory reparation modalities are identified, systematized, and examined under four internationally recognized categories: restitution, rehabilitation, satisfaction, and guarantees of non-repetition. The selected UN legal sources are primarily treaties, resolutions, draft instruments, case law, general comments, general observations, and reports adopted by diverse UN organs. These organs are specifically: the UN General Assembly, UN human rights treaty bodies, the International Law Commission, the International Court of Justice, and the Special Rapporteur on truth, justice, reparation, and guarantees of non-recurrence.
Introductory Note
Authors: Milanov Momchil , Kolb Robert
Published: January 2024

During the second year of the pandemic the International Court of Justice celebrated its seventy-fifth year. Just like the previous year, the Court dealt with three very diverse cases concerning economic sanctions and treaty of amity, violations of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) and maritime delimitation. Unsurprisingly, two out of three cases dealt with preliminary objections and only one was decided on the merits. A couple of newly instituted proceedings show clearly that states intend to keep the Court busy in the years to come.
Legal Maxims: Summaries and Extracts from Selected Case Law
Authors: Capaldo Giuliana Ziccardi
Published: January 2024

The summaries and extracts in this chapter relate to the International Court of Justice's 2021 hearing on Alleged Violations of the 1955 Treaty of Amity, Economic Relations, and Consular Rights (Islamic Republic of Iran v. United States of America).
Introductory Note
Authors: Tanaka Yoshifumi
Published: January 2024

This introductory note examines cases before the International Tribunal for the Law of the Sea for the year 2021. Specifically, it reviews Dispute Concerning Delimitation of the Maritime Boundary between Mauritius and Maldives in the Indian Ocean (Mauritius/Maldives) (preliminary objections) and discontinuance of the proceedings of the M/T “San Padre Pio” (No. 2) Case (Switzerland/Nigeria). The special chamber of ITLOS dismissed all preliminary objections raised by Maldives. The chamber’s judgment contains some issues that merit discussion with regard to, inter alia, legal effects of an advisory opinion of the International Court of Justice and the UN General Assembly resolution. The M/T “San Padre Pio” (No. 2) provides a third case of discontinuance in the ITLOS jurisprudence. This note also refers to the amendments of the Rules of the Tribunal and the activity of the Tribunal concerning capacity-building.
Legal Maxims: Summaries and Extracts from Selected Case Law
Authors: Sessa Emilio
Published: January 2024

The summaries and extracts in this chapter relate to the International Tribunal for the Law of the Sea's 2021 hearing on the Dispute Concerning Delimitation of the Maritime Boundary Between Mauritius and Maldives in the Indian Ocean (Mauritius v. Maldives).
Legal Maxims: Summaries and Extracts from Selected Case Law
Authors: Gomula Joanna
Published: January 2024

The summaries and extracts in this chapter relate to the World Trade Organization's 2021 Panel Report United States — Anti-Dumping and Countervailing Duties on Ripe Olives from Spain (WT/DS577/R).
Introductory Note
Authors: Alexander Knoops Geert-Jan , Pedroso Sara
Published: January 2024

Following the closure of the International Criminal Court in March 2020 amounting to slowed down activities at the Court, 2021 saw a resurgence of activity, including the election of a new chief prosecutor, Mr Karim A.A. Kahn. This chapter provides some insight into select issues emerging from the Court’s jurisprudence and activities this past year, in various areas, including cooperation, freedom of speech, and amendment to the Rules of Procedure and Evidence. As will be explored, the Court has addressed a variety of fair trial issues including detention review, and has dealt with debates arising from diminished procedural rights afforded in Article 70 trials. Moreover, issues involving the interplay between the Assembly of States Parties and the judges of the Court were also central to the proceedings before the Court. The article also covers a cooperation agreement signed between the Office of the Prosecutor and the government of Colombia, exemplifying complementarity before the national jurisdictions.
Legal Maxims: Summaries and Extracts from Selected Case Law
Authors: Buono Anna
Published: January 2024

This chapter pertains to three cases heard by the International Criminal Court in 2021: (1) Decision on the 'Prosecution Request Pursuant to Article 19(3) for a Ruling on the Court's Territorial Jurisdiction in Palestine', Case No. ICC-01/18, Pre-Trial Chamber I, 5 February 2021; (2) The Prosecutor v. Dominic Ongwen, Case No. ICC-02/04-01/15, Trial Chamber IX, Judgment, 6 May 2021; and (3) The Prosecutor v. Ahmad Al Faqi Al Mahdi, Decision on the Review Concerning Reduction of Sentence of Mr Ahmad Al Faqi Al Mahdi, Case No. ICC-01/12-01/15, Three Judges of the Appeals Chamber Appointed, 25 November 2021.
Legal Maxims: Summaries and Extracts from Selected Case Law
Authors: Fanni Simona , Pantelodimou Eirini , Renzulli Carmine , Bautista Daniela Rodríguez , Soprano Roberto
Published: January 2024

This chapter covers eight cases heard by the Court of Justice of the European Union in 2021, including: Hungary v. European Parliament, Case C-650/18; Bolivarian Republic of Venezuela v. Council of European Union, Case C-872/19 P; and Google LLC and Alphabet, Inc. v. European Commission, Case T-612/17.
Introductory Note
Authors: Spano Robert
Published: January 2024

The year 2021 was exceptionally eventful for the European Court of Human Rights. The Court adapted to the unprecedented situation arising from COVID-19 and, without interruption, its services continued to function. A number of important reforms took place in 2021. A new and more targeted case-processing strategy referred to as “impact cases” was introduced, it was decided that Committee cases would be more concisely drafted, and Protocol No. 15 came into force. Furthermore, five more superior courts in four member states (Sweden, the Slovak Republic, Ireland, and Malta) joined the Court’s Superior Courts Network. Five Grand Chamber cases are discussed in greater depth, covering: the notion of extraterritorial jurisdiction in an international armed conflict; the positive obligation of states to take measures to protect those at threat of domestic violence; the legal obligation to vaccinate school children against common infectious diseases; and present-day means of surveillance of cross-border communications.
Legal Maxims: Summaries and Extracts from Selected Case Law
Authors: Hernández Noelia Arjona , Gamarra Yolanda , Espinosa Lucía Ione Padilla , Moreno-Domínguez Juan Francisco , Pastrana Ángel Tinoco
Published: January 2024

This chapter provides summaries and extracts related to eight cases heard by the European Court of Human Rights in 2021, including: (1) Case of Hanan v. Germany, Application no. 4871/16, Grand Chamber, Judgment, 16 February 2021; (2) Case of Big Brother Watch and Others v. The United Kingdom, Applications nos. 58170/13, 62322/14 and 24960/15, Grand Chamber, Judgment, 25 May 2021; and (3) Case of Fedotova and Others v. Russia, Applications nos. 40792/10, 30538/14 and 43439/14, Third Section, Judgment, 13 July 2021.
Legal Maxims: Summaries and Extracts from Selected Case Law
Authors: Mazo Adriana Fillol , Hernández Ana Cristina Gallego , Gamarra Yolanda , Espinosa Lucía Ione Padilla , Moreno-Domínguez Juan Francisco
Published: January 2024

This chapter provides summaries and extracts related to six cases heard by the Inter-American Court of Human Rights in 2021, including (1) Case of Vicky Hernández and Others v. Honduras, Merits, Reparations and Costs, Judgment, 26 March 2021, Series C No. 422; (2) Case of Guachalá Chimbo et al. v. Ecuador, Merits, Reparations and Costs, Judgment, 26 March 2021, Series C No. 423; and (3) Presidential Reelection Without Term Limits in the Context of the Inter-American Human Rights System, Advisory Opinion Requested by the Republic of Colombia, 7 June 2021, Series OC-28/21.
Legal Maxims: Summaries and Extracts from Selected Case Law
Authors: Mazo Adriana Fillol , Hernández Ana Cristina Gallego , Espinosa Lucía Ione Padilla , Moreno-Domínguez Juan Francisco
Published: January 2024

This chapter provides summaries and extracts related to four cases heard in 2021 by the African Court on Human and People's Rights: (1) Sábastien Germain Marie Aákoue Ajavon v. Republic of Benin, Application No. 065/2019, Judgment, 29 March 2021; (2) Yahaya Zumo Makame and 3 Others v. United Republic of Tanzania, Application No. 023/2016, Judgment, 25 June 2021; (3) Request for Advisory Opinion by the Pan African Lawyers Union (PALU) on the Right to Participate in the Government of One's Country in the Context of an Election Held During a Public Health Emergency or a Pandemic, Such as the Covid-19 Crisis, No. 001/2020, Advisory Opinion, 16 July 2021; and (4) Glory C. Hossou and Landry A. Adelakoun v. Republic of Benin, Application No. 016/2020, Ruling, 2 December 2021.
Introductory Note
Authors: Reinisch August , Tropper Johannes
Published: January 2024

The 2021 jurisprudence of ICSID tribunals and ad hoc committees addressed among others the jurisdictional issues of the notions of “investment” and “investor” under Article 25 ICSID Convention, the establishment of jurisdiction by means of an MFN provision, the so-called intra-EU objection to jurisdiction, the illegality objection to jurisdiction, and the objection to jurisdiction based on abuse of process. Prominent procedural issues concerned the dismissal of claims manifestly without legal merit and security for costs. The 2021 cases also dealt with expropriation, fair and equitable treatment, minimum standard of treatment, and denial of justice. In addition, the effect of general exceptions clauses was addressed by two ICSID tribunals. On quantum, some tribunals found that no damages could be awarded despite breaches of investment treaties. Annulment committees addressed the limited grounds for annulling awards under the ICSID Convention.
Legal Maxims: Summaries and Extracts from Selected Case Law
Authors: Tropper Johannes
Published: January 2024

This chapter relates to jurisprudence of the ICSID tribunals in 2021, covering Infinito Gold Ltd. v. Republic of Costa Rica, ICSID Case No. ARB/14/5, Award, 3 June 2021; and Mathias Kruck and Others v. Kingdom of Spain, ICSID Case No. ARB/15/23, Decision on the Respondent's Request for Reconsideration of the Tribunal's Decision dated 19 April 2021, 6 December 2021.
The Emerging Ethics Evolution: The Evasive Connection Between Environmental Crimes, Philosophical Considerations of Public International Law, and the International Criminal Court’s Twentieth Anniversary
Authors: Matwijkiw Anja , Matwijkiw Bronik
Published: January 2024

In terms of modern international responsibility, justice has played a role since the 1945 UN Charter, just as legal accountability for serious crimes is central to that same value. With Responsibility to Protect (R2P), the growing need for more than conventional cum traditional measures resulted in the emergence of an(other) innovative protection tool. However, the question of new norm-recognition appears to be prone to stalemates even in situations where survival is at stake. There is a mismatch for the same reason, and the International Criminal Court (ICC) cannot avoid the effects of this. The twentieth anniversary of the ICC coincides with a reality of doctrinal division. Philosophical jus cogens considerations point in different directions, inter alia, when it comes to the possibility of a crime typology that includes ecocide. Contemporary outlooks may factor in both morality and human rights. The paradox is: this is no guarantee against skepticism or a narrowing of the scope.
Applications
Authors: Engelhardt Jeff
Published: January 2024

This chapter considers how the de-idealizations developed in earlier chapters might be useful beyond discussions of content externalism and methodology in the philosophies of mind and language, with a focus on discussions of epistemic injustice and conceptual engineering. With regard to epistemic justice, the chapter makes the case that (i) the de-idealizations provide reasons to adopt an expansive conception of hermeneutical injustice, and (ii) if such an expansive conception is adopted, then the arguments in this book should establish that hermeneutical injustice occurs systematically. Additionally, this book’s arguments suggest that not only are concepts “up to us” but so are the processes that determine concepts. Thus, this book raises new questions relevant to work on conceptual engineering. Conceptual engineers should not only ask “What should concepts be like?” but also “Who should determine concepts?” and “What should the processes that determine concepts be like?”
Forces of Political Change
Authors: Bullock Charles S. , MacManus Susan A , Mayer Jeremy D , Rozell Mark J
Published: January 2024

The South continues to grow, and as it grows it becomes more diverse. The growing diversity has the potential to produce partisan realignment in states experiencing the most rapid growth. During the latter half of the twentieth century, the South realigned from solidly Democratic to Republican as the GOP came to dominate first the region’s presidential elections and then the congressional delegations. As of 2023, all but two of the eleven congressional delegations and all but one of the region’s state legislative chambers has a Republican majority. Nonetheless, Democrats have shown signs of bouncing back in the states experiencing growth rates that exceed those for the nation. If parts of the South realign toward the Democratic Party, it will depend on support from ethnic minorities and women.
The Latino Surge in the New South and Its Political Implications
Authors: Bullock Charles S. , MacManus Susan A , Mayer Jeremy D , Rozell Mark J
Published: January 2024

Latino population growth is driving substantial political change in the South. Whereas Latino population surges once were confined to traditional destination states such as Texas and Florida, some of the fastest-growing Latino populations now are in states that are not historic destinations for Latino immigration and migration. With White and African American population growth in the South stagnant, and Asians making up a small percentage of the region’s population, it stands to reason that Latinos will hold the keys to the future of southern politics. Whereas some analysts argue that demography is destiny and thus favoring the Democratic Party, the evidence presented here shows that the Latino vote is much more “up for grabs” than many believe, making such voters the potential swing vote of the South’s future.
Leadership from Bad to Worse
Authors: Kellerman Barbara
Published: January 2024

Leadership from Bad to Worse is altogether different from the countless other books on leadership. First, its focus is on bad leadership. Second, its focus is equally on bad followership. Third, it breaks the process of going from bad leadership/followership to worse into four phases, each more ominous and dangerous than the one that preceded it. Fourth, the book includes four cases—two in political leadership, two in business leadership—that detail the preceding point. Fifth, Leadership from Bad to Worse points the way forward. By making clear that bad leadership is a progressive social disease that is the rough equivalent of a progressive physical disease, it makes clear that the sooner it is caught and checked—which is possible, as opposed to impossible—the better. Much better!
Prologue
Authors: Kellerman Barbara
Published: January 2024

The Prologue points out that bad leadership and its conjoined twin, bad followership, are as ubiquitous as pernicious. It introduces the idea that unless it is somehow stopped or at least slowed, bad leadership inevitably, inexorably becomes worse leadership. Vladimir Putin and Donald Trump are cited as examples—though both showed clear signs of being bad early on, both were permitted to progress from bad to worse, to being far more dangerous later in their lives as leaders than they were earlier on. The Prologue indicates that bad leadership progresses through four separate and distinct phases of development, each more ominous than the one that preceded it. It makes clear the book is intended to be an intellectual exercise—and to make a practical, real-world difference by urging us to abort bad leadership before it gets worse.
Elizabeth Holmes, CEO of Theranos
Authors: Kellerman Barbara
Published: January 2024

No downfall in recent American corporate history was as public and as dramatic as that of Elizabeth Holmes. She was, atypically, a leader in technology who was an attractive woman, and she was young. She started her blood-testing company, Theranos, when she was nineteen years old. But the story of her rise and fall transcends her persona. It includes a large cast of characters, including some of the rich and powerful in business, government, and academia; members of the press; and her longtime partner and lover, Sunny Balwani. Holmes’s progression—a leader who went from bad to worse—follows the predictable trajectory. However, because she was inordinately rigid, and because she had promised to revolutionize both science and medicine, her story is as singular as it is spectacular. And it is sad. In 2022 both she and Balwani were sentenced to more than ten years in prison.
Phase III: Leaders Start In
Authors: Kellerman Barbara
Published: January 2024

During the third phase of leadership from bad to worse, leaders and their followers embark on a course that is clearly and unambiguously bad in some way. This is the phase during which if bad is to be stopped or at least slowed, it is still, though only relatively, easy to do. For the more time passes, the deeper bad leadership and followership dig in and the more difficult they are to uproot. To further explain why bad happens, it includes a list of benefits to groups and organizations whose followers fall largely if not entirely into line. Martin Winterkorn, Recep Tayyip Erdogan, Elizabeth Holmes, and Xi Jinping were all leaders who proceeded without hesitation or interruption to go from bad to worse. The chapter concludes with a section titled “Danger Ahead,” which further explores why we follow—even when on some level we know we should not.
Epilogue
Authors: Kellerman Barbara
Published: January 2024

Occasionally theories explore the dark side of the human condition. And occasionally there are real-world attempts to bring bad leaders down. But the work pales in comparison with the magnitude of the problem. Leaders who act largely or even entirely in their self-interest, as opposed to in the public interest, are part of everyday life. Ideally, we would have a perfect checklist for how to know when a leader begins to go bad. While I have no illusions that the list I have here is ideal, it does provide ideas, information, and instructions on what to watch for when bad leadership threatens and on what to do when it happens. We get the leaders we deserve. If we continue too long to tolerate stupidities and inefficiencies, lying and cheating, voraciousness and intemperance, indignities, inequities, and cruelties, usually—though, admittedly, not always—it’s on us.
Activism and Post-activism
Authors: Kim Jihoon
Published: January 2024

This is the first English-language book on the development of South Korean nonfiction films and videos from the early 1980s to the present. Surveying South Korean documentary cinema, it argues that what is unique about this history is the coevolution of activism aspiring to engage social movements and advocate democracy, progressiveness, equality in the forms of alternative media, and an array of post-activist experiments with documentary forms and aesthetics in the service of renewing the activist tradition. Part I offers a comprehensive history of Korean social change documentaries in terms of their activist tradition, discussing their foundation as “film movement” in the 1980s, their development as independent documentary in dialogue with Korea’s turn to the new civil society in the 1990s, and their 21st-century expansion of subject matters into labor issues, disenfranchised subjects, ideological wars, feminist and LGBT movements, environmental activism, and such key events as the Sewol Ferry Disaster in 2014 and the 2016–2017 Candlelight Protests. Part II defines post-activism as a dialectic of departure and inheritance, namely, of the formal, aesthetic, epistemological, and discursive breaks from the activist tradition and its renewals. The formal and aesthetic distinctions of post-activism are evident in four types of twenty-first-century documentary film: variants of personal documentary and the documentaries based on reenactment, experimental documentaries that take places and landscapes as their aesthetic object of investigation, films mobilized by the extensive use of archival footage, and nonfiction works that capitalize on the capacities of digital postproduction and virtual reality.
The Development of the Activist Tradition in the 1980s and 1990s
Authors: Kim Jihoon
Published: January 2024

This chapter chronicles the first twenty years of the history in terms of the formation of the activist tradition in South Korean documentary cinema. Following the Gwangju Uprising in May 1980, there emerged university students who became cognizant of film as a tool for expressing political dissent, engaging the lives and problems of peasants, workers, and urban evictees, and enlightening their class consciousness for social change. Both university cine-clubs and film production collectives embarked upon the practice of fiction and nonfiction filmmaking, establishing their mission as yŏnghwa undong (film movement). Besides pointing to the foundational bond of cinema and social movement, the chapter characterizes the collectives’ nonfiction artifacts in terms of how yŏnghwa undong formed three components of the activist tradition: its alternative modes of production and exhibition against the state-sponsored nonfiction apparatuses and commercial cinema, minjung (people) as the subject that it aspired to engage and enlighten, and experiments with documenting reality. The chapter tracks down the evolution of the early film activism into independent documentary (tongnip tak’yument’ŏri) in the 1990s, an institutionalized mode of nonfiction film and video practices founded upon their orientation toward being independent from state power and commercial capital. In so doing, the chapter makes clear several social and institutional contexts that contributed to the formation of independent documentary, such as the transition to civil society (simin sahoe) after the end of the military dictatorship, the transformation of local film culture, and the growth of film festivals.
The Personal Turn
Authors: Kim Jihoon
Published: January 2024

This chapter rehearses the twenty-year evolution of sajŏk tak’yument’ŏri (personal documentary) by teasing out the implications of the term sajŏk (personal) in light of the ambivalent relationship of post-activist practices to their activist predecessors. Building upon Jim Lane’s and Michael Renov’s insights into domestic ethnography as a mode that tests the epistemological liminalities of nonfiction practice and works on and across the unstable boundaries of the director faced with her family members and their past, I argue that its consistency in twenty-first-century documentary production has been rooted in the specific significance of the family (kajok) in modern and contemporary Korean society. It also discusses the essay films of Kim Eung-su and Kelvin Kyung Kun Park in terms of how their multilayered and decentralized subjectivity is strategically used to mediate the personal and the public in favor of unfolding rich reflections on either the pressing reality (the Sewol Ferry Disaster) or the history of industrial modernization. The chapter’s final section is dedicated to the uses of reenactment in several twenty-first-century Korean documentary films to go deeper into the psychic and mnemonic realities of traumatized social actors and to reconstruct their realities’ encounter with history in ways distinct from their activist precursors.