bluuebunny/crossref_metadata_2025 huggingface dataset:
The Historian's Presence, or, There and Back Again
Authors: Damon Cynthia
Published: May 2010

This chapter is an investigation of a Tacitean metaphor for historiography and its implications for the historian's role in history. The metaphor of the historian's physical proximity to his subject matter, which is found in the Annals 4 digression contrasting Tacitus's work with that of historians of earlier periods, is an offshoot of the enargeia that often enlivens a narrative. It is also one of the many connections between this digression and both Tacitus's account of the trial of the historian Cremutius Cordus (4.34-35) and what he suggests about his own work as historian.
Chapter 7 If Invasive Species are “Pollutants”, Should Polluters Pay?
Authors: Simpson R. David
Published: May 2010

This chapter explores the issue of whether policies toward invasive species should look like those adopted in response to other forms of ‘pollution’. It argues that this will depend on whether damages are low enough that preventing invasions should be seen as a ‘lost cause’ and abandoned, or if damages are high enough that prevention is a wise investment and significant resources should be put into preventing invasions. A simple model is developed that lays out these considerations. It is also shown that fixing parameters describing the demand for imports, their cost, and the cost of treating imports to reduce the likelihood of invasion allows the definition of the optimal strategy by reference to the anticipated damages resulting from invasion.
Chapter 10 Optimal Random Exploration for Trade‐related Nonindigenous Species Risk
Authors: Springborn Michael , Costello Christopher , Ferrier Peyton
Published: May 2010

This chapter identifies variables from the port inspection setting that influence the gains to exploration via random inspections. It begins by describing a Bayesian learning model of trade-related non-indigenous species (NIS) risk in Section 10.2, which captures uncertainty over the true probability that trade from a given source is infested, and provides a framework for updating these beliefs as observations accrue. The formal inspection allocation decision problem is expressed in Section 10.3, where the computational demands of the central task are made clear. The analysis in Section 10.4 begins with the simplest possible nontrivial version of the problem. Elements of real-world complexity are subsequently added to build intuition for the ultimate task of exploring random inspection policy in an empirically-based setting. The workhorse method applies Monte Carlo simulation under various policies to characterize performance in terms of interceptions and to identify optimal choices for design and intensity of exploration.
Chapter 11 The Role of Space in Invasive Species Management
Authors: Touza Julia , Drechsler Martin , Johst Karin , Dehnen-Schmutz Katharina
Published: May 2010

This chapter focuses on the spatial characteristics of invasive species management. Specifically, it looks at control of the spread of a species introduced to an area. It begins with a review of the emerging literature on the spatial economics of invasive species. The studies are reviewed in terms of their use of space: the inclusion of local heterogeneity and the analysis of a network of areas (i.e., two-patches versus multiple-patches). It is shown that most of the studies either focus on heterogeneity in simple landscapes with two patches, or on complex landscapes with multiple areas but ignoring spatial heterogeneity. The chapter develops a simple model to explore the role of spatial heterogeneity in invasive species management in a landscape with multiple areas. A final section recapitulates the main points and offers conclusions.
Chapter 14 Invasive Plants in Tropical Human‐Dominated Landscapes: Need for an Inclusive Management Strategy
Authors: Shaanker R. Uma , Joseph Gladwin , Aravind N.A. , Kannan Ramesh , K.N. Ganeshaiah
Published: May 2010

This chapter argues that solutions to the management of invasive species need to be reworked to take into account the fact that invasive species can impact human livelihoods both negatively and positively. Besides the existing strategies for the management of invasive species, there is a need for alternative strategies in terms of the net benefit they yield, taking of course all benefits and costs into account. A specific case of control of invasive species in largely tropical landscapes is considered, with the attendant problems of human dependence on natural resources as well as lack of investment portfolios to control invasive species. Management strategies are proposed that promote use of the invasive as a way of minimizing the net costs of the invasive species.
Agency, Emotions, and the Problem of Import
Authors: Helm Bennett W.
Published: May 2010

This chapter sketches a basic account of what it is for something to have import to an agent — of what it is for an agent to care about something — in terms of which is distinguished mere goal-directedness from genuine desire, and hence mere intentional systems from genuine agents. The resulting account rejects the cognitive-conative divide: emotions, desires, and evaluative judgments are not cognitions insofar as they serve to constitute their objects as having import, and yet they are not conations insofar as they are rationally evaluable in terms of that import. Rather, import and the rational patterns of felt evaluations and evaluative judgments emerge simultaneously, each presupposing the other in a way that is unintelligible were we to accept the cognitive-conative divide. This account paves the way for an account of love that understands love like caring to be neither simply an appraisal nor simply a bestowal of value; instead, love is simultaneously both.
Caring about Others
Authors: Helm Bennett W.
Published: May 2010

This chapter extends the account of caring in general to include a distinctive kind of caring, which is called caring about an agent as such. This has required first coming to understand what it is to care about something for its own sake in terms of its being the focus of the relevant pattern of felt evaluations and evaluative judgments. The chapter examines what it is to care about something as being of a certain kind in terms of an at least implicit understanding of that kind informing and so structuring the rational pattern of felt evaluations and evaluative judgments constitutive of one's caring. It argues that caring about something as an agent requires that the pattern of felt evaluations and evaluative judgments constitutive of one's caring be structured in such a way that one comes to share not only her cares but also thereby her felt evaluations and desires. This means that in caring about an agent as such one ought normally to undertake engaged activity with her as an expression of one's caring.
Paternalistic Love and External Reasons
Authors: Helm Bennett W.
Published: May 2010

This chapter examines the sort of properly paternalistic loving relationships loving caretakers — parents — ought to have with children. It argues that we must at least begin to relax the individualist conception of autonomy if we are to make sense of the ways in which parents can have some control over their children's upbringing by helping to instill particular values in them, without thereby undermining the children's responsibility for who they become. Parents can provide their children with reasons for caring or valuing in a particular way, reasons that, by having their source in the loving relationship, others are not in a position to provide; as such, these reasons are distinctively interpersonal in a way that calls into question whether we can make sense of the child as exercising his growing capacity for autonomy all on his own, as the individualist conception of autonomy requires.
Postscript
Authors: Helm Bennett W.
Published: May 2010

This Postscript reviews the discussions in the preceding chapters. It focuses on the individualist conception of persons, which has two central components: the egocentric conception of intimate concerns, and the individualist conception of autonomy. It is argued that the justification for the account is the sense it is able to make overall of a variety of related phenomena. Providing this account of love and friendship provides explicit accounts of what it is to care about and value something for the sake of another person or agent, of the phenomenology of love and the place of the emotions within it, of the intimacy of love, of the rational role of loving parents in the enculturation of their children, of the nature of plural agents as distinct from plural intentional systems, and of a solution to the fungibility problem for both love and friendship in the context of an overall account of their value and justification.
A Metasemantic Account of Vagueness
Authors: Rayo Agustín
Published: May 2010

This chapter defends a metasemantic account of vagueness, which is based on the following three theses: (1) The meaningfulness of our sentences depends on the prevalence of suitable linguistic conventions; (2) Whether or not a convention prevails in a given population need not be an all-or-nothing matter — it can come in degrees; (3) Whereas conventions about how to use sentences involving only attributions of vague predicates to clear cases are often prevalent to a very high degree, conventions about how to use sentences involving attributions of vague predicates to borderline cases are prevalent, if at all, to lesser degrees.
Vague Properties
Authors: Schiffer Stephen
Published: May 2010

‘Quandary’ labels a psychological state that is characteristic of taking a thing to be a borderline instance of a property. Q-Constraint is the claim that there need be nothing incorrect about being in Quandary. A truth-status theory of vague properties assigns a particular truth-status (e.g. being true or false, being neither true nor false) to the proposition that x is an instance of φ when x is a borderline instance of φ. This chapter argues that no truth-status theory is consistent with Q-Constraint and sketches a non-truth-status theory of vague properties that satisfies Q-Constraint. A crucial feature of the sketch is that vague properties are individuated in a way that affords us epistemic and linguistic access to them by the very use-practices that determine which vague properties words express.
Vagueness, Metaphysics, and Objectivity
Authors: Shapiro Stewart
Published: May 2010

One much discussed issue concerns the metaphysical nature, or the source or cause, of vagueness. Is vagueness a purely linguistic matter, concerned (merely) with how the world gets represented via language, or is there a sense in which the world itself is vague? This chapter argues against the intelligibility of the question of metaphysical vagueness, at least if it is put in such a straightforward and perhaps naive manner. Reflection on the origins and nature of vagueness in language suggests that the phenomenon is due to both the way the world is and the way that we, the users of language, and our faculties of representation are, and that there is no sense to separating those factors and attributing vagueness to one of them exclusively.
Perceptual Indiscriminability and the Concept of a Color Shade
Authors: Horsten Leon
Published: May 2010

This chapter investigates the connection between indiscriminability with respect to colour, and the concept of a colour shade. A crucial question is whether indiscriminability is a transitive relation. If it is, then a simple identity criterion for colour shades can be straightforwardly expressed in terms of indiscriminability. If it is not, then we are driven to a less immediate identity criterion for colour shades, which is however still intimately linked to indiscriminability. In this situation, there is a sense in which the concept of a colour shade must be taken to be a low-level theoretical notion.
The Prospects of a Paraconsistent Response to Vagueness
Authors: Hyde Dominic
Published: May 2010

Paraconsistent responses to vagueness are often thought to represent a revision of logical theory that is too radical to be defensible. The paracomplete logic of supervaluationism, SpV, is not only taken to be more conservative but is also commonly said to ‘preserve classical logic’. This chapter argues that this is wrong on both counts. The paraconsistent logic SbV, or subvaluationism, is no less conservative than SpV nor more so. In the end both logics offer equally compelling theoretical approaches to vagueness. Each approach is also equally objectionable, with neither providing an adequate account of vagueness, but this criticism arises from a feature shared by each approach that is independent of their paracompleteness or paraconsistency per se. For all that has been said, a paraconsistent approach, and the associated recourse to truth-value gluts, remains a contender in accounting for vagueness.
Fuzzy Epistemicism
Authors: MacFarlane John
Published: May 2010

Much of the literature on vagueness has taken for granted that semantic and epistemic approaches to vagueness are fundamentally at odds. If we can analyze borderline cases and the Sorites paradox in terms of degrees of truth, then we do not need an epistemic explanation. Conversely, if an epistemic explanation suffices, then there is no reason to depart from the familiar simplicity of classical bivalent semantics. This chapter questions this assumption, showing that there is an intelligible motivation for adopting a many-valued semantics, even if one accepts a form of epistemicism. The resulting hybrid view has advantages over both classical epistemicism and traditional many-valued approaches.
Supernumeration: Vagueness and Numbers
Authors: Simons Peter
Published: May 2010

There is a notable discrepancy between philosophers and practitioners on approaches to vagueness. Philosophers almost all reject fuzzy logic and a majority accept some form of supervaluational theory. Practitioners analysing real data, on the other hand, use fuzzy logic, because computer algorithms exist for it despite its theoretical shortcomings. These two communities should not remain separate. This chapter argues that the solution is to put supervaluation and numbers together. After reviewing the principal and well-known defects of fuzzy logic, it shows how to use numerical values in conjunction with a supervaluational approach to vagueness. The two principal working ideas are degrees of candidature (of objects and predicates) and expected truth-value. The chapter presents an outline of the theory, which combines vagueness of predicates and vagueness of objects, and discusses its pros and cons, considering the obvious principal objections: that the theory is complex, that there is arbitrariness in the selection of numbers, and that penumbral connections must be accounted for. The chapter contends that all these objections can be answered.
Degree of Belief is Expected Truth Value
Authors: Smith Nicholas J. J.
Published: May 2010

A number of authors have noted that vagueness engenders degrees of belief, but that these degrees of belief do not behave like subjective probabilities. So should we countenance two different kinds of degree of belief: the kind arising from vagueness, and the familiar kind arising from uncertainty, which obey the laws of probability? This chapter argues that we cannot coherently countenance two different kinds of degree of belief. Instead, it presents a framework in which there is a single notion of degree of belief, which in certain circumstances behaves like a subjective probability assignment and in other circumstances does not. The core idea is that one's degree of belief in a proposition is one's expectation of its degree of truth.
Iterating Definiteness
Authors: Dorr Cian
Published: May 2010

This chapter argues that higher-order vagueness is universal: no sentence whatsoever is definitely true, definitely definitely true, definitely definitely definitely true, and so on ad infinitum. The argument, of which there are several versions, turns on the existence of Sorites sequences of possible worlds connecting the actual world to possible worlds where a given sentence is used in such a way that its meaning is very different. The chapter attempts to be neutral between competing accounts of the nature of vagueness and definiteness.
Whole Life Satisfaction Concepts of Happiness
Authors: Feldman Fred
Published: May 2010

The most popular concepts of happiness among psychologists are ones according to which happiness is “satisfaction with life as a whole”. There are hundreds of non‐equivalent forms of Whole Life Satisfactionism. However, every precise conception either requires actual satisfaction with life or requires hypothetical satisfaction with life. Arguments are presented to demonstrate that a person can be “happy” even though he is not actually making any judgment about the extent to which he is satisfied with his life. Other arguments show that a person can be “unhappy” even though it is not correct to say that if he were to think about his life, he would be dissatisfied with it. This shows that happiness cannot be identified with whole life satisfaction. Appendix A contains discussion of problems concerning interactions between temporal considerations and WLS theories of happiness. Appendix B discusses the idea that happiness can be defined as the score that a person achieves on a suitable happiness test.
The Problem of Inauthentic Happiness
Authors: Feldman Fred
Published: May 2010

Amartya Sen mentioned the case of a “demeaned and demoralized housewife” who has been brainwashed into thinking that a constricted life such as hers is appropriate for a woman. Thus, she is satisfied with that life. A simple form of Whole Life Satisfactionism implies that this housewife (‘Bertha’) is happy. A typical form of eudaimonism then implies that Bertha is enjoying positive welfare. This may seem implausible. Wayne Sumner responded by claiming that for a person's happiness to contribute to her welfare, that happiness must be “authentic”. Chapter 9 contains discussion of a series of cases intended to show that the restriction to authentic satisfaction yields problematic evaluations in certain types of cases. The relevance of these cases for Attitudinal Hedonic Eudaimonism is then assessed. It is claimed that theory yields defensible (though possibly surprising) accounts of the welfare of people such as Bertha. Perhaps it's better to be non‐autonomously happy than not to be happy at all.
1 Introduction
Authors: Stoneman Paul
Published: May 2010

This chapter provides both an introduction to the book and an overview of the following chapters. It introduces the type of innovation called soft innovation, primarily concerned with changes in products of an aesthetic or intellectual nature. It considers culture and the cultural industries, aesthetics, creativity and the creative industries.
4 Soft Innovation in the Creative Industries: Books, Recorded Music, and Video Games
Authors: Stoneman Paul
Published: May 2010

This chapter is the first of two taking a micro view encompassing three creative industries — publishing, music, and video games — to detail the pattern of invention/creation, embodiment and diffusion of soft innovations. At the micro level, industry-specific indicators relating to the numbers of new product variants introduced are used with certain advantages relating to the identification of the rate of significant innovation being claimed for a specific measure that tracks the share of the sales of bestsellers that were recently introduced onto the market. In the creative sector, the indicated rates of innovation are high, with very considerable numbers of new products or titles being launched and rates of market churn of the bestsellers in the studied markets being very fast. This reflects a pattern quite different to the usual suggestion that innovation occurs at a rate of about 2.5% per annum (a measure usually based upon indicators of labour productivity growth).
13 Conclusions and Future Prospects
Authors: Stoneman Paul
Published: May 2010

This concluding chapter summarizes, draws implications, and gives indications of fruitful future research directions. Suggested further research encompasses: the dissemination of the idea that soft innovation is important, extensive and capable of economic analysis and merits considerably more attention than has been the case in the past; further data collection relating to soft innovation and its prevalence; and further theoretical analysis of soft innovation, especially the link between models of product differentiation and innovation.
3 Knowledge Flows and Catching‐Up Industrialization in the Nordic Countries: The Roles of Patent Systems
Authors: Bruland Kristine , Smith Keith
Published: May 2010

This chapter discusses the catch‐up experience of Nordic countries — Denmark, Norway, Sweden, and Finland — which stretches back at least to the late eighteenth century, gathered force in the mid‐nineteenth century, and extended into the late nineteenth and early twentieth centuries. The patent system began relatively early, which facilitated inward technology transfer in two ways: first, via foreign patenting in the Nordic region and, second, via patent systems (“imported patents”) that permitted Nordic citizens to appropriate foreign‐developed inventions. However, there were many methods of acquiring and developing intellectual property, including societies, foreign work experience, immigration, exhibitions, and industrial espionage, and many ways to protect it. The chapter thus emphasizes the broader dimensions of learning and the creation of knowledge assets, and therefore the need to set IPRs within a wide context of knowledge creation.
12 The Roles of IPR Regime on Thailand's Technological Catching Up
Authors: Intarakumnerd Patarapong , Charoenporn Peera
Published: May 2010

This chapter discusses the case of Thailand and argues that technological learning by firms has been slow and passive owing to three factors: the failure of the educational system to create a strong cadre of technically trained people, the inability of government to develop and enforce policies to enhance Thai firms to develop technological and innovative capabilities, and little pressure on multinationals to build and upgrade their technological and innovative capabilities locally. Thai intellectual property regime was, until the early 1990s, characterized by weak protection and yet it was not pro‐diffusion either. That is, it was not particularly favorable to catch‐up and the lack of preconditions did not help either, for instance, the absence of sufficient indigenous absorptive capacity of firms, the lack of mechanisms or coordinated policy for knowledge diffusion and utilization, and the environment in general not being favorable to innovation.
Adpositions and adpositional phrases in a syntactic perspective
Authors: Hagège Claude
Published: May 2010

This chapter focuses on the specific features by which adpositions (Adps) distinguish themselves from other strategies used by languages to build syntactic relationships between units in the framework of sentences and clauses. It considers syntactic facts, some of which are the preferred, or even exclusive, domain, of Adps and Adp-phrases. The chapter successively examines Adp-phrases (i) as core and peripheral complements of verbal predicates; (ii) as complements of nominal heads; (iii) as serving the predicative function; and (iv) as scopes of certain operations, i.e., as heads with respect to certain dependent elements and as focus in sentences. Finally, it offers some examples of the syntactic diversity of Adp-phrases.
The Event Structure of Perception Verbs
Authors: Gisborne Nikolas
Published: May 2010

Perception verbs – such as look, see, taste, hear, feel, sound, listen, and observe – present unresolved problems for linguistic theories. This book examines the predictability of relations between their semantics and syntactic behaviour, the different kinds of polysemy they exhibit, and the role of evidentiality in verbs like seem and appear. After an opening chapter explaining the nature of the issues, there is a concise introduction to Word Grammar. Chapter 3 considers the implications of the approach for a general theory of event structure, and looks at how Word Grammar can be applied to causation, argument linking, and the modelling of polysemy. Chapter 4 explores the polysemy of see; chapter 5 looks at relations between verbs of active perception like listen, and verbs of involuntary perception such as hear; chapter 6 explores the semantics of non‐finite predicative complementation; and chapter 7 discusses verbs of appearance. Chapter 8 presents some conclusions.
Network Structure and the Polysemy of see
Authors: Gisborne Nikolas
Published: May 2010

This chapter is a discussion of the polysemy of see, which is concerned with two main questions: how to model polysemy in a default inheritance based theory; and how fine‐grained an analysis of polysemy needs to be in order to understand the differences between examples such as we saw him cross the road and we saw that he was crossing the road. The analysis presents a subtle and detailed account of the polysemy of see, and argues for a model which relies on a theoretical innovation, the sublexeme. The sublexeme allows the model to keep information about a verb's sense and about its argument linking properties tightly bound together.
Non‐Finite Complementation
Authors: Gisborne Nikolas
Published: May 2010

This chapter is concerned with the non‐finite complementation of hear‐class verbs in structures such as we saw her cross the road. These structures present a number of theoretical challenges which are addressed here in terms of the WG network. The differences between infinitival and participial non‐finite clauses, the interaction between the different senses of see and the infinitival clauses, and the ontological nature of the percept are all discussed; a solution to the ungrammaticality of *he was seen cross the road is also offered. There is also an account of the widely discussed properties of veridicality and exportability displayed by these structures.
Sound‐class Verbs
Authors: Gisborne Nikolas
Published: May 2010

This chapter is taken up with three separate concerns: what are the relationships between sound‐class verbs and the other classes of perception verbs; are these verbs evidential, and how is the evidentiality to be analysed; and how should we understand the phenomenon of what has come to be known as copy raising? It is argued that the network structure surrounding these verbs' senses includes part of the semantic structure of their sound‐class counterparts, and this provides a basis for the understanding of evidentiality; an understanding of evidentiality and the semantics of as if clauses also underscores the treatment of copy raising.
Chapter 1 Introducing an emergent European Executive Order
Authors: Trondal Jarle
Published: May 2010

This introduction is organized as follows: The first part outlines the compound nature of an emergent European Executive Order. The second part suggests a theoretical departure for the volume and a brief literature review of recent research. Finally, the third part offers an outlook on the individual chapters of this volume. This chapter adds two new important steps to our understanding of compound executive orders: Firstly, by arguing that an emergent European Executive Order consists of a limited set of coexisting decision‐making dynamics: supranational, departmental, epistemic, and intergovernmental dynamics. Secondly, by suggesting causal mechanisms that may explain why certain dynamics gain prevalence in certain situations. This chapter suggests that an organizational theory approach may shed light both on how executive orders emerge and how institutions mould the behaviour of civil servants embedded in such an order.
Chapter 4 Supranationalism and the European Commission
Authors: Trondal Jarle
Published: May 2010

Chapter 4 goes one step further and explores actor‐level supranationalism in the Commission services. The transformative clout of the Commission is assessed by the extent to which seconded national experts (SNEs) adopt a supranational role perception. OLS regression analyses reveal that actor‐level supranationalism among SNEs reflect (a) processes of re‐socialization inside the Commission, (b) the organizational composition of the Commission, and (c) organizational in compatibilities between the Commission and domestic government institutions. This chapter does not report robust evidence of pre‐socialization of SNEs outside the Commission. In sum, Chapter 4 argues that the Commission is a ‘hothouse’ for supranationalism, and challenges a core claim of Hooghe (2005) that socialization of Commission officials mainly occur at the national level and not inside the Commission apparatus.
Chapter 6 Is the Commission all that different? Reflections on comparative international bureaucracies
Authors: Trondal Jarle
Published: May 2010

Chapter 6 poses the question: Is the Commission all that different compared to other international bureaucracies? This chapter unpacks the executive arms—the bureaucratic interior—of international organizations, and does so comparatively. By comparing the Commission with other international bureaucracies, the often‐claimed sui generis picture of the Commission is modified. The Commission is unique by its size, formal powers, political representation at top of the hierarchy, and by its profound impacts on domestic politics and policies. However, the Commission also shares important characteristics with other international bureaucracies—both with respect to organizational structures and actual decision‐making dynamics. This chapter argues that international bureaucracies are compound systems that blend departmental, epistemic, and supranational decision‐making dynamics. Even international bureaucracies embedded in intergovernmental organizations—like the WTO and OECD—seem to transcend intergovernmentalism in everyday decision‐making processes. The decision‐making dynamics within international bureaucracies seems to occur rather independently of the larger international organization in which they are embedded. This chapter advocates that international bureaucracies seem to share important decision‐making dynamics due to organizational characteristics of the international bureaucracies themselves.
Chapter 13 An emergent European Executive Order: less than a European ‘mega‐administration’
Authors: Trondal Jarle
Published: May 2010

Chapter 13 summarizes the empirical observations presented throughout this book and assesses the compound nature of an emergent European Executive Order. Secondly, this concluding chapter assesses the organizational dimension of this emergent Order. It is argued that the departmental decision‐making dynamic serves as a foundational dynamic vis‐à‐vis the other decision‐making dynamics. The departmental logic seems to be the basis and maybe even the precondition for two other dynamics to play out. This world of multiple dynamics may be seen as organized around concentric circles where the departmental dynamic serves as the foundational dynamic at the very centre of an emergent European Executive Order. Next, the concluding chapter suggests two models of administrative fusion: Type I fusion and Type II fusion. Whereas Type I fusion pictures European administrative systems as fused together into one European ‘mega‐administration’, Type II fusion advocates that administrative fusion is differentiated and considerably conditioned by existing administrative orders. This book supports the Type II fusion model by substantiating that an emergent European Executive Order represents a compound executive order.
Public and Private Rights to Natural Resources and Differences in their Protection?
Authors: Rønne Anita
Published: May 2010

This chapter analyses different entitlements to natural resources and the extent to which state ownership implies a different or less intensive regulation than where such ownership is not the case. It will focus on the prime regulatory instruments used to transfer rights of utilization, and seeks to identify the differences as to the protection of those rights, if any. The topic will be illustrated by different civil law examples. The analysis will be limited to three groups of natural resources: (i) oil and gas; (ii) sand, stone and gravel; and (iii) wind and waves.
The Rule of Capture: The Least Worst Property Rule for Oil and Gas
Authors: Daintith Terence
Published: May 2010

This chapter analyses the rule of capture as applied to oil and gas. The rule states that oil and gas become the property of the owner of the land on which they are recovered by lawful drilling or other operations, regardless of whether they might have migrated from their original position under the land of another. Capture remains today the property right principle on which the structure of United States oil and gas law and regulation has been erected. The chapter addresses the following questions: Why was such an inefficient rule adopted in the first place? Why, once adopted, did it remain in place in the United States, despite the major difficulties it was perceived to create, and when other countries were succeeding in creating more rational and efficient systems?
Natural Gas Development and Land Use: Conflict between Legal Rights and its Resolution
Authors: Mingyuan Wang
Published: May 2010

Land is an important natural resource on which human beings depend for existence and development. Rights to land and rights to other natural resources such as mineral resources, water, forest, grassland, wild animals, and renewable resources make up a related and complicated system of rights. This chapter is based on the existing legislation of China on natural resources, taking the exploration, exploitation, and transportation of natural gas as an example. It analyses the conflicts between rights of land use and rights of natural resource development, and puts forward suggestions for improvement.
Got Title; Will Sell: Indigenous Rights to Land in Chile and Argentina
Authors: Barrera-Hernández Lila
Published: May 2010

This chapter analyses the issue of indigenous land rights in Chile and Argentina. Throughout South America, indigenous peoples are being pushed to extinction through government action (and inaction), which deprives them of their lands and seriously compromises their access to life-sustaining resources. To a considerable extent, the government's attitude towards indigenous land rights is a result of a desire to attract investment to the energy and energy-related sectors. Though investor companies may appear to benefit from these tactics in the short term, it is doubtful that they will be better off in the long run as sustainability is compromised.
Ownership Models for Water Services: Implications for Regulation
Authors: Hendry Sarah
Published: May 2010

This chapter is concerned with the provision of water services — drinking water and sanitation — the latter of which may or may not involve waterborne disposal through a sewerage system. It examines the different ownership models operating in England and Scotland, along with structures for their regulation and control. It also draws on examples from other jurisdictions, particularly South Africa and Australia. In both South Africa and Australia there is a mixture of public and private sector involvement; in both there is provision by local government, with consequences for ring-fenced funding, economic audit and business planning; in both there is already disaggregation of bulk and individual supply, and moves to commercialize or corporatize public supply. The chapter assesses the role of regulation and of governance, as well as structures of ownership, and draws conclusions as to the importance of ownership of this industry, compared to the role of effective regulation and good governance.
The Social Obligations of Ownership and the Regulation of Energy Utilities in the United Kingdom and the European Union
Authors: McHarg Aileen
Published: May 2010

This chapter considers the influence of ideas about the social obligations of ownership in relation to the regulation of energy utilities in two overlapping jurisdictions: the United Kingdom (UK) and the European Union (EU). This example allows examination of both common law and civilian approaches to the social obligations of ownership, as well as the interaction between them. It also resonates with some of the concerns that have re-awakened interest in this issue amongst contemporary property law theorists. One is environmentalism, which has led some scholars to advocate models of property rights which promote sustainability. Another is the desire to counteract the potentially adverse social consequences of privatization and liberalization policies by using the law to promote public service values. Because they provide essential services and may cause enormous environmental damage (as well as for more technical reasons), energy utilities are subject to extensive statutory regulation at both UK and EU levels, which has focused more closely on social and environmental objectives in recent years. The chapter explores how more general notions of the social obligations of ownership may support, shape and/or supplement these explicit regulatory responses.
The Role of the Common Law in Promoting Sustainable Energy Development in the Property Sector
Authors: Bradbrook Adrian
Published: May 2010

This chapter suggests that while the major role for promoting sustainable energy development undoubtedly rests with the legislature, the courts have the capacity to play a significant supporting role in this regard. It considers the options available to the courts in common law jurisdictions to influence and modify real property law so as to take full account of the societal need to advance the goal of sustainable energy development. It also examines the elements of sustainable energy development, explores the extent to which the law of real property is relevant to sustainable energy, and then considers the range of legal solutions available to the courts to achieve this goal.
Self‐interest
Authors: Holtug Nils
Published: May 2010

In this chapter, the concept of ‘self‐interest’ is clarified and various views about what constitutes self‐interest are considered. According to the ‘Identity View’, in order for an individual to have a present self‐interest in a future benefit, this individual need only be numerically identical to the future beneficiary. The main strengths and weaknesses of this view are laid out. Then further conditions that may be imposed on self‐interests are considered. In particular, the notion that in order for an individual to have a present self‐interest in a future benefit she must have an appropriate kind of preference with respect to this benefit, such as a present preference, an actual preference, or a necessary preference is scrutinized. Also, the view an individual only can have a self‐interest in survival if she prefers her own continued existence is considered. It is argued that we should not accept any of these alternatives to the Identity View.
What Matters
Authors: Holtug Nils
Published: May 2010

This chapter addresses the issue of what matters in survival. A test for assessing our beliefs about what matters is developed and it is argued that what matters is Relation M: roughly, the continuous physical realization of (appropriate) psychology. It is then argued that our theory about self‐interest should have Relation M—rather than identity—as its focus. On this basis, the Prudential View is derived, according to which a person has a present self‐interest in a future benefit if and only if she stands in a relation of continuous physical realization of (appropriate) psychology to the beneficiary, where the strength of the self‐interest depends both on the size of the benefit and on the strength of this relation. Finally, a number of objections are considered, including the ‘Repugnant Conclusion about Self‐interest’, which implies that it may be in our self‐interest to divide and have many continuers to which we are weakly M‐related.
On the Value of Coming into Existence
Authors: Holtug Nils
Published: May 2010

This chapter concerns the issue of whether it can benefit (or harm) an individual to come into existence. If coming into existence can benefit (or harm) an individual, then it would seem that it could be in our self‐interest to do so. First, an argument for the Value of Existence View—the view that coming into existence can benefit (harm)—is outlined. This argument relies on the relational claim that existence can be better (worse) for an individual than never existing. The Value of Existence View is then defended against a number of objections, including the claim that (a) possible future individuals cannot be identified and (b) existence cannot be better (worse) for an individual than never existing, because that would imply that never existing can be worse (better) than existing.
Welfarism
Authors: Holtug Nils
Published: May 2010

In this chapter, the focus is on the importance of self‐interest for axiological aspects of morality and justice. According to the theory about self‐interest defended in chapter 4, the Prudential View, self‐interests are functions of both welfare and Relation M. However, in order not to introduce too many complicating factors all at once, the discussion of the importance of Relation M for outcome value is postponed until Chapter 10. Having set aside the issue of Relation M, an account of person‐affecting welfarism is developed, according to which outcome value is an increasing person‐affecting function only of individual welfare. This function is person‐affecting in the sense that, of two outcomes, one can be better (worse) than the other, only if there is someone for whom it is better (worse), or someone for whom the other outcome is worse (better).
Egalitarianism
Authors: Holtug Nils
Published: May 2010

In this chapter, the core of the egalitarian position is outlined. Minimally, to qualify as a (welfare) egalitarian, one must claim that an outcome in which everyone has an equal share of welfare is in one respect intrinsically (non‐instrumentally) better than an outcome in which individuals have unequal shares. Any principle that satisfies this condition satisfies the ‘Egalitarian Relational Claim’. Furthermore, egalitarianism is clarified in various other respects. Since egalitarianism satisfies the Egalitarian Relational Claim, it invites the Levelling Down Objection. According to the Levelling Down Objection, egalitarianism implausibly implies that we can improve an outcome in at least one respect, by making some individuals worse off and none better off. Various replies egalitarians might (and have) come up with are considered and rejected, including the claim that this objection relies on an implausible person‐affecting account of outcome value, and the claim that equality has conditional value only.
Prioritarianism
Authors: Holtug Nils
Published: May 2010

According to prioritarianism, outcome value is an additive function of weighted individual welfare, where increases in welfare are weighted such that they gain a greater moral value, the worse off the individual is to whom they accrue. This view differs from egalitarianism in that it does not take equality to have intrinsic value. Various objections to prioritarianism are considered, including the claim that (a) the Levelling Down Objection does not serve to distinguish prioritarianism from egalitarianism, (b) prioritarianism is itself vulnerable to the person‐affecting idea that motivates the Levelling Down Objection, (c) prioritarianism fails to account for some firmly held intuitions about relational justice and (d) prioritarianism does not appropriately reflect the virtue on which it is based, namely that of compassion. It is argued that none of these objections is convincing and that prioritarianism remains a plausible theory of justice.
Ending 'East of Suez'
Authors: Pham P. L.
Published: May 2010

In 1964, Britain's defence presence in Malaysia and Singapore was the largest and most expensive component of the country's world‐wide role. Yet within three and a half years, the Wilson Government had announced that Britain would be withdrawing from its major Southeast Asian bases and abandoning any special military role ‘East of Suez’. The purpose of this book is to document and explain the British policy process leading to the decisions to withdraw.

The book argues that the Wilson Government faced two fundamental dilemmas regarding its defence policy. The first was a conflict between Britain's limited economic means, which compelled cuts to the country's defence role, and its need to maintain its relations with its major allies, especially the Johnson Administration in the United States, all of whom wanted Britain to maintain a significant military presence in Southeast Asia. This conflict was fundamentally resolved after the Labour Party revolted over defence policy in early 1967, when the Government decided to withdraw from the bases in Singapore and Malaysia. Thereafter, the Wilson Government faced a second dilemma over whether to minimise the political and symbolic impact of its decisions for the sake of its international allies, or to maximise it for domestic political advantage. This conflict was not fully settled until January 1968, when the Government announced a faster withdrawal and complete abandonment of Britain's ‘East of Suez’ role, as a means of gaining acceptance for the social cuts it was implementing in the aftermath of the devaluation of the Pound.
The End of Consensus: March–October 1966
Authors: Pham Phuong
Published: May 2010

Chapter 4 begins with the Wilson Government and the ANZUS allies fitfully trying to implement the policy of quadripartite co‐operation heralded in the 1966 Defence White Paper. With the countries still in deep disagreement over basic strategy, however, this exercise barely got off the ground. Meanwhile, Britain's financial position sharply deteriorated, with a mid‐year seamen's strike exacerbating the country's balance of payments problems. In the ensuing 1966 Sterling crisis, economic ministers pushed for an immediate, sharp cut in overseas defence expenditure. This demand was deflected by the Foreign Secretary into more measured cuts, which would not affect the basic thrust of foreign policy. In the aftermath, however, the Government initiated new Defence Expenditure Studies, aimed at reducing the annual defence budget to a target of £1850 million.
6 Vietnam Following in China's Footsteps: The Third Wave of Emerging Asian Economies
Authors: Chaponnière Jean‐Raphael , Cling Jean‐Pierre , Zhou Bin
Published: May 2010

Vietnam has been following China's path closely and very successfully for the last two decades since the adoption of ‘doi moi’ in 1986. Over those last two decades, economic growth rates in both countries have been the highest worldwide. The increase of the Vietnamese share of world trade is the highest of all major Asian exporters (including China) since the mid‐1990s. In the current international context, doubts have been raised by some economists concerning the possibility for new Asian countries to take off and join the group of emerging countries. This chapter addresses this question with regard to Vietnam, which joined the WTO at the beginning of 2007. We start by briefly describing economic reform and trade policies in Vietnam, and their results in terms of economic growth and world integration. We then analyse Vietnamese trade specialization and the bilateral relationship with China. Finally, we assess the competition between Vietnam and China on world markets, and show that the export structures are very different. Both countries have benefited from a boom in their textile and clothing exports following the cessation of quotas (in the case of China) and the signing of USBTA (in the case of Vietnam). For Vietnam, reducing the specialization in textiles and clothing and joining the Asian production network in electronics represent a major challenge.