bluuebunny/crossref_metadata_2025 huggingface dataset:
Kinematics of the ACL‐deficient canine knee during gait: Serial changes over two years
Authors: Tashman Scott , Anderst William , Kolowich Patricia , Havstad Suzanne , Arnoczky Steven
Published: March 2004

The ACL‐deficient dog is a model for investigating the development and progression of mechanically driven osteoarthrosis of the knee. ACL loss creates dynamic instability in the ACL‐deficient knee which presumably leads to progressive joint degeneration, but the nature of this instability over the time course of disease development is not well understood. The goal of this study was to characterize three‐dimensional motion of the canine knee during gait, before and serially for two years after ACL transection.

Canine tibial‐femoral kinematics were assessed during treadmill gait before and serially for two years after ACL transection (ACL‐D group; 18 dogs) or sham transection (ACL‐I group; five dogs). Kinematic data was collected at 250 frames/s using a biplane video‐radiographic system. Six degree‐of‐freedom motions of the tibia relative to the femur were calculated, and values immediately prior to pawstrike as well as the maximum, minimum, midpoint and range of motion during early/mid stance were extracted. Between‐group differences relative to baseline (pre‐transection) values, as well as changes over time post‐transection, were determined with a repeated‐measures ANCOVA.

In the ACL‐D group, peak anterior tibial translation (ATT) increased by 10 mm (p< 0.001), and did not change over time (p= 0.76). Pre‐pawstrike ATT was similar to ACL‐intact values early on (2–4 months) but then increased significantly over time, by 3.5 mm (p< 0.001). The range of ab/adduction motion nearly doubled after ACL loss (from 3.3° to 6.1°). The magnitude (midpoint) of knee adduction also increased significantly over time (mean increase 3.0°;p= 0.036). All changes occurred primarily between 6 and 12 months. There were no significant differences between groups in the transverse plane, and no significant changes over time in the ACL‐I group.

In summary, peak anterior tibial translation and coronal‐plane instability increased immediately after ACL loss, and did not improve with time. ATT just prior to pawstrike and mean knee adduction throughout stance became progressively more abnormal with time, with the greatest changes occurring between 6 and 12 months after ACL transection. This may be due to overload failure of secondary restraints such as the medial meniscus, which has been reported to fail in a similar timeframe in the ACL‐deficient dog. The relationships between these complex mechanical alterations and the rate of OA development/progression are currently under investigation. © 2004 Published by Elsevier Ltd. on behalf of Orthopaedic Research Society.
THE DIVERSITY OF VENICE AND HER MYTHS Venice reconsidered: the history and civilization of an Italian city-state, 1297–1797. Edited by John Martin and Dennis Romano. Baltimore and London: Johns Hopkins University Press, 2000. Pp. 538. ISBN 0-8018-6312-0. $55.00. Women and men in Renaissance Venice: twelve essays on patrician society. By Stanley Chojnacki. Baltimore and London: Johns Hopkins University Press, 2000. Pp. 370. ISBN 0-8018-6395-3. $41.50. The silk industry of Renaissance Venice. By Luca Molà. Baltimore and London: Johns Hopkins University Press, 2000. Pp. 457. ISBN 0-8018-6189-6. $48.00. Venice and the Slavs of Dalmatia: the discovery of Dalmatia in the age of Enlightenment. By Larry Wolff. Stanford, CA: Stanford University Press, 2001. Pp. 422. ISBN 0-8047-3945-5. £35.00. Venice transfigured: the myth of Venice in British culture, 1660–1797. By John Eglin. New York and London: Palgrave, 2001. Pp. 262. ISBN 0-312-23299-3. $45.00.
Authors: DE VIVO FILIPPO
Published: March 2004

Venice has long evoked contrasting images – on the one hand the republican embodiment of Renaissance principles, a rare example of both stability and freedom; on the other, a city of spying and treachery, a government founded on oppression and driven by corruption. Caught between the Scylla and Carybdis of what amounts to a historiographical paradox, historians have found it difficult to escape its reductiveness, taking sides in describing one view as ‘myth’, the other as historical reality. The five books reviewed in this article suggest different but connected ways of sailing out of these straits by emphasizing the utter diversity of the city, the government, and the images they have evoked through the ages. In this interpretation, more than harmony, what is crucial about Venice is the coexistence of the different ‘worlds’ of this early multicultural metropolis. In line with a recent move away from fixed tags and neat developments to an emphasis on diversity in the historiography of early modern Europe, this is a welcome and interesting evolution in the history of Venice, though it is by no means unproblematic, multiculturalism being no easier issue in the Renaissance than in the twenty-first century.
FROM IMPERIAL ARMY TO BUNDESWEHR: CONTINUITY AND CHANGE IN THE ROLE OF THE MILITARY IN GERMAN HISTORY Willensmenschen: über deutsche Offiziere. Edited by Ursula Breymayer, Bernd Ulrich and Karin Wieland. Frankfurt am Main: Fischer Taschenbuch Verlag, 1999. Pp. 239. ISBN 3-596-14438-8. DM 28.80. Die anderen Soldaten: Wehrkraftzersetzung, Gehorsamsverweigerung und Fahnenflucht im Zweiten Weltkrieg. Edited by Norbert Haase and Gerhard Paul. Frankfurt am Main: Fischer Taschenbuch Verlag, 1995. Pp. 240. ISBN 3-596-12769-6. DM 19.90. Das Nationalkomitee ‘Freies Deutschland’ und der Bund Deutscher Offiziere. Edited by Gerd R. Ueberschär. Frankfurt am Main: Fischer Taschenbuch Verlag, 1995. Pp. 304. ISBN 3-596-12633-9. DM 24.90.
Authors: MOMBAUER ANNIKA
Published: March 2004

Twentieth-century Germany's (military) history has been the subject of heated, sometimes acrimonious controversies in the Federal Republic. In recent years, historians and the German public have been engaged, for example, in debates over the relative merit of different kinds of German resistance against National Socialism, and over the place of deserters in German history of the Second World War. Such soul-searching has culminated in angry debates over the role of the Wehrmacht in crimes against humanity which followed in the wake of the exhibition ‘Verbrechen der Wehrmacht’ (crimes of the Wehrmacht) in Austria and Germany. The books under consideration here all have a contribution to make to our understanding of this troubled and contested past, and in particular to the question of the role of the military in German history.
Cultural governance and pictorial resistance: reflections on the imaging of war
Authors: Campbell David
Published: March 2004

If we assume that the state has no ontological status apart from the many and varied practices that bring it into being, then the state is an artefact of a continual process of reproduction that performatively constitutes its identity. The inscription of boundaries, the articulation of coherence, and the identification of threats to its sense of self can be located in and driven by the official discourses of government. But they can equally be located in and driven by the cultural discourses of the community, and represented in sites as ‘unofficial’ as art, film and literature. While such cultural locations are often taken to be the sites of resistance to practices of government, their oppositional character is neither intrinsic nor guaranteed. Indeed, states have often engaged in or benefited from practices of cultural governance. As Michael Shapiro argues, cultural governance involves support for diverse genres of expression to constitute and legitimise practices of sovereignty, while restricting or preventing those representations that challenge sovereignty. In this sense, cultural governance is a set of historical practices of representation – involving the state but never fully controlled by the state – in which the struggle for the state's identity is located.
Humanitarian Intervention After Kosovo and Legal Discourse: Self-Deception or Self-Consciousness?
Authors: Tsagourias Nicholas
Published: March 2004

NATO's operation in Kosovo provoked diverse legal propositions. The operation was hailed as a humanitarian action stemming from a sense of human solidarity for the victims of the atrocities. On the other hand, it was vilified as a flagrant violation of fundamental principles of international law such as that of state sovereignty and non-intervention. Consequently, legal discourse is moulded by these antithetical ideological forces which epitomise the legal culture of medievalism and modernity. It thus resorts to reformulations and recombinations in order to achieve justifiable results. However, it remains external, lacking a sense of self-consciousness, because it distances the theorizing person from the object of her observation. Therefore, we propose here a discursive model which entails observation, reflection, assessment, and projection where the manifold aspects involved in a situation such as Kosovo are accounted for and new and better solutions are envisioned.
NATO's Intervention in the Federal Republic of Yugoslavia
Authors: Suy Eric
Published: March 2004

At the outset of the conflict over Kosovo, the use of armed force by NATO member states has been justified to force the Government of the Federal Republic of Yugoslavia to accept and sign the Rambouillet agreement. Later on, the use of force was justified in order to prevent a major humanitarian catastrophe. But examination of the relevant Security Council resolutions and of the circumstances surrounding the Rambouillet negotiations shed a totally different light on the legal arguments advanced by proponents of NATO's intervention. Modern international law on the use of force by states, as enshrined in the UN Charter, is still at the core of inter-state relations.
A New Crisis Manager at the Horizon – The Case of the European Union
Authors: Blockmans Steven
Published: March 2004

The 1999 Kosovo crisis has forced the European Union to finally give concrete form to its ambitions in the sphere of the common foreign and security policy. At a time when agreement on defence issues seems out of reach, the member states' focus is on the development of a crisis management capability. It is argued that when the Union's diplomatic structures are complemented with military and civilian crisis response tools, much needed balance will be given to the Union's persona as an economic giant and a political dwarf. The article includes a number of measures which should be taken with a view to reinforcing and extending the Union's external role in this field.
List of Current Proceedings: Update
Authors: van Alebeek Rosanne , Weitzel Ursula E.A.
Published: March 2004

On 8 July 1991, Qatar filed an application instituting proceedings against Bahrain in respect of certain disputes between the two states relating to sovereignty over the Hawar Islands, sovereign rights over the shoals of Dibal and Qit'at Jaradah, and the delimitation of the maritime areas of the two states.
Commentary: The Yugoslavia Tribunal and the Common Core of Humanitarian Law Applicable to all Armed Conflicts
Authors: Boelaert-Suominen Sonja
Published: March 2004

This article discusses the contribution made by the jurisprudence of the Yugoslavia Tribunal to the articulation of the body of international humanitarian law that applies to all armed conflicts, regardless of whether they are international or internal. The Tadić Jurisdiction Decision rendered by the Appeals Chamber in 1995 set the stage for a substantial “rapprochement” of the regulatory content of war crimes committed in international and internal armed conflict, using Common Article 3 of the Geneva Conventions as the main vehicle. The first judgements have contributed greatly to the expansion of the body of “Geneva law” applicable to all armed conflicts. More recently, the Tribunal has started to examine cases of armed conflicts per se, in which perpetrators have been charged with violation of the “Hague law”, i.e., the law relating to the conduct of hostilities. The end result of this development will be elaboration of a common core of Geneva law and Hague law applicable to all armed conflicts that have reached the threshold of Common Article 3 of the Geneva Conventions.
The Panamanian Assumption of Full Control of the Administration and Operation of the Panama Canal
Authors: Zieck Marjoleine
Published: March 2004

Approximately the entire 20th century, the Panama Canal (including a strip of land bordering the canal known as the ‘canal zone’) was essentially controlled by the United States, a control which included the primary responsibility for its defence. With the onset of the new millennium, however, the canal reverted to exclusive Panamanian control. This contribution will briefly recall the legal basis of this watershed which dates from 1977 and indicate if the United States retains any residual powers as regards the Panama Canal in particular its defence.
Constitutional and Institutional Developments
Authors: Rydberg Åsa
Published: March 2004

During the Twenty-second Plenary Session the Judges of the International Criminal Tribunal for the former Yugoslavia (ICTY) decided to amend eight Rules of the Rules of Procedure and Evidence (Rules).
Commentary: A First Attempt to Adjudicate Conduct of Hostilities Offences: Comments on Aspects of the ICTY Trial Decision in the Prosecutor v. Tihomir Blaškić
Authors: Fenrick W.J.
Published: March 2004

The ICTY Trial Judgment in the Prosecutor v. Tihomir Blaškić is the first judicial decision to explicitly address unlawful attack charges. This article reviews the judgment focusing on how the trial chamber addressed individual criminal responsibility, unlawful attack charges, the crime against humanity of persecution, and the relationship between the two offences. The author observes that the decision contains little legal analysis but a review of the factual findings sheds light on legal assumptions. In particular, the findings indicate a willingness to accept that indiscriminate or disproportionate attacks might provide evidence of attacks essentially directed against civilians, a tendency to regard ad hoc ill equipped resistance to an attack as equivalent to no resistance, and a tendency to evaluate the lawfulness of an attack on the basis of what happened after the attack as well as during the attack.
International Governance in Post-Conflict Situations
Authors: Korhonen Outi
Published: March 2004

International organisations have recently assumed a more intrusive role in settling conflicts in all continents. At the same time, post-conflict or post-settlement tasks seem to be emerging as an important function, encompassing the conduct of democratic elections, the guarantee of security, development of civil society, etc. In order to operationalise such wide-ranging and deeply intrusive social aims it is not sufficient to have peace-keepers or elections monitoring missions sent into the conflict-torn territories. Concentrated and centrally planned efforts of international governance are needed. In the present day, however, there is no such systematic scheme to which to refer. Yet institutional structures are needed to administer the extensive tasks and functions assigned in certain post-conflict situations. Therefore many questions of legitimacy and fundamental accountability arise.
The Mens Rea of Superior Responsibility as Developed by ICTY Jurisprudence
Authors: Keith Kirsten M.F.
Published: March 2004

The Statute of the ICTY incorporates the customary international law principle of superior responsibility. Where a superior knew or had reason to know that subordinates were about to commit or committed a crime, he/she is under an obligation to take preventative or punitive measures against subordinates. The mens rea, or knowledge, of a superior is pivotal in determining his/her criminal responsibility. However, despite the customary law status of the principle of Superior Responsibility, the definition and standard of mens rea applied has varied. The ICTY Trial Chambers in the Čelebići and Blaškić cases reached opposite findings on the definition of the term “had reason to know” under customary law. The Appeals Chamber has rendered its definition of mens rea. However, the standard applied appears inconsistent with the principle of Superior Responsibility.
Rejecting Radbruch: The European Court of Human Rights and the Crimes of the East German Leadership
Authors: Miller Russell
Published: March 2004

The European Court of Human Rights found no violation of the Convention in its judgement in the complaints of the former East German political and military leaders Streletz, Kessler, and Krenz. All three were convicted and sentenced to terms in prison by German courts in relation to the deaths of East Germans who were killed in attempts at fleeing across the fortified border between East and West Germany. Nonetheless, the Court's decision constitutes a clear rejection of the Radbruch Formula, which served as a central line of reasoning in the decisions of the German courts in the cases. The author addresses the Court's rejection of the Radbruch Formula, focusing especially on the distinct historical and political circumstances that existed after World War II and in 1989.
International Law After Postmodernism: Towards Renewal or Decline of International Law?
Authors: Paulus Andreas L.
Published: March 2004

Along with “globalization” and ideas of a “new world order”, the last 20 years have witnessed the emergence of an (anti-)foundational critique of international law which may be associated with the postmodernist turn of philosophy. In addition, globalization has questioned some of the basic assumptions of international law, especially the primordial role of states. The article analyses several answers postmodern international legal theory has given to the challenges for international law – despair, politicization, history, subjectivism(s), democratic experimentalism, and a return to positivism. It argues that postmodern theory fails to provide a concept for the future of international law but that this is exactly what is needed to save international law from politics and irrelevance. The author comes to the conclusion that a “middle-of-the-road”-approach steering a course between positivist objectivism and the subjective responsibility of the lawyer might be the most promising avenue for the future of international law.
Wer mir Dekonstruktion ans Herz legt, und auf Differenz besteht, steht am Anfang eines Gesprächs, nicht an seinem Ziele.Hans-Georg Gadamer
International Remedies in National Criminal Cases: ICJ Judgment in Germany v. United States
Authors: Cassel Douglass
Published: March 2004

In Germany v. United States (2001), the International Court of Justice ruled that the Vienna Convention on Consular Relations confers judicially enforceable rights on foreign nationals detained for prolonged periods or sentenced to severe penalties without notice of their right to communicate with their consulates. The Court also ruled that states which fail to give timely notice cannot later invoke procedural default to bar individuals from judicial relief. However, the Court did not clearly address other issues, such as requiring individuals to show prejudice to the outcome of the trial, or denial of certain remedies for Convention violations, which may effectively foreclose relief.
Diplomatic Protection and the LaGrand Case
Authors: Deen-Racsmány Zsuzsanna
Published: March 2004

While the most important feature of the judgment given by the International Court of Justice in the LaGrand case is probably the conclusion that provisional measures indicated by the Court are binding, the decision is not without significance in the field of diplomatic protection.
Frontiers of International Law Part One: The Chechen People
Authors: Lefeber René , Raič David
Published: March 2004

Let's assume, if only for the sake of argument, that the Chechen people have the right to self-determination. Since the massive indiscriminate use of military force by Russia in December 1994, it is arguable that the Chechen people's right to internal self-determination has evolved into a right to external self-determination, i.e., into a right to secede from Russia. This is a reasonable assumption as we, as well as others, have pointed out on several occasions. However, the legal analysis has not been taken beyond this point. In this editorial, the legal consequences of the lawful exercise of the right to external self-determination by the Chechen people will be explored, albeit tentatively.
The Caspian Sea: Quest for a New Legal Regime
Authors: Vinogradov Sergei , Wouters Patricia
Published: March 2004

One of the most controversial contests over the allocation of shared natural resources is now being waged by four former Soviet Union republics (Azerbaijan, Kazakhstan, Russia, and Turkmenistan) and Iran over the riches of the Caspian Sea. The bilateral regime established by the former USSR and Iran governing the Caspian Sea, though technically still existing today, is inadequate to deal with the present-day complex issues of the use and allocation of natural resources. The situation is aggravated by unilateral claims of the states bordering the Sea. Although the coastal states are currently discussing how the regime of the Caspian Sea might be resolved, the issue is not yet settled and the positions of the parties remain divergent.
The Bosnian Peace Accord
Authors: Ramcharan Bertie
Published: March 2004

In Dayton, Ohio, on 21 November 1995, after three weeks of proximity talks, the Bosnian parties, joined by the Federal Republic of Yugoslavia and the Republic of Croatia, initialled a General Framework Agreement for Peace in Bosnia and Herzegovina, together with twelve Annexes. Following an implementation conference held in London on 8 and 9 December 1995, the General Framework Agreement and its accompanying Annexes were signed in Paris on 14 December 1995. They came into force upon signature.
The Hellenic Minority in Albania: Status and Current Developments
Authors: Perrakis Stelios
Published: March 2004

Ever since the creation of the Albanian state in 1913, the Greek-Albanian relations have often been tense and emotional. Mainly focused on the presence and the rights of the Hellenic minority in Albania – and especially in the region of Northern Epirus which was the object of Greek territorial claims for many decades – over the years, these bilateral relations have known many periods of tension with international repercussions. Indeed, from the time of the League of Nations until the catalytic changes in Europe in 1989 and the post-bipolar international order, the issue of the Hellenic minority has dominated and defined the bilateral relations, and has often caused the reaction of international institutions and emotional outbursts of Greek public opinion. Furthermore, it has affected the broader Balkan stage and the security and stability of the region, with the interrelation of minority questions in all Balkan countries.
WTO Dispute Settlement: Revitalization of Multilateralism After the Uruguay Round
Authors: Steger Debra P.
Published: March 2004

For several years, there has been a tension between differing philosophies of General Agreement on Tariffs and Trade (GATT) dispute settlement. Commentators have taken different views on whether the system was fundamentally based on an arbitration or a judicial model. The Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), Annex II to the Marrakesh Agreement Establishing the World Trade Organization (WTO Agreement), represents the first extensive, negotiated agreement revitalizing the dispute settlement system in the history of the General Agreement. It represents nothing less than a complete reform of the GATT dispute settlement system. What is remarkable is that it is the product of extensive multilateral negotiations. In the past, modifications were made to the system on an incremental, case-by-case basis. Since the GATT came into existence in 1948, Articles XXII and XXIII have formed the basis of the dispute settlement mecha-nism. They are very sparse provisions, and most of the procedures that have come to characterize the pre-WTO GATT system have evolved over time as a result of experience in specific cases. Some of these procedural improvements were codified in Decisions and Understandings negotiated at various points in GATT history, but none were as comprehensive as the DSU.
Suing Karadžić
Authors: Paust Jordan J.
Published: March 2004

On 17 June 1996, the United States Supreme Court denied a petition for certiorari submitted by counsel for Radovan Karadžić, the infamous Bosnian-Serb leader indicted by the International Criminal Tribunal for the former Yugoslavia (ICTY) for various international crimes. Thus, the Court let the decision of the US Court of Appeals for the Second Circuit in the companion cases of Kadić v. Karadžić and Doe I and Doe II v. Karadžić, stand. The latter was a set of cases brought by Croat and Muslim citizens of Bosnia-Herzegovina in the US courts against Radovan Karadžić after he was duly served process while in New York. The cases will now proceed, however slowly, with a trial on the merits, addressing the plaintiffs' claims concerning Karadžić's responsibility for acts of genocide; war crimes; torture; summary execution; related crimes against humanity; acts of rape; forced prostitution; forced impregnation; other cruel, inhumane, and degrading treatment; assault and battery; sexual and ethnic inequality; and wrongful death. As remedies, the plaintiffs seek compensatory and punitive damages, attorney fees and, in one instance, injunctive relief.
Case Analysis: The Crime of Persecution in International Criminal Law
Authors: Swaak-Goldman Olivia
Published: March 2004

The conclusion of the ICTY's first trial offered the Trial Chamber an opportunity to expound upon the elements of the crime of persecution which, until this point, had been left undefined.
Compromise or Commitment: Human Rights and International Humanitarian Law Obligations for UN Peace Forces
Authors: Zwanenburg Marten
Published: March 2004

Allegations of human rights and humanitarian law violations by UN forces have highlighted the need for more clarity in this area. This requires a focus on human rights and humanitarian norms applicable to UN forces, and the question of responsibility for violations of those norms. To a large extent, these questions concern the relations between the UN, national contingents, and troop contributing states. What are their respective rights and obligations? In this paper it is submitted that the answer given to this question under international law differs from the one given in the specific legal framework and practice of UN forces.
Case Analysis: Cat on a Hot Tin Roof: The World Court, State Succession, and the Gabčíkovo-Nagymaros Case
Authors: Klabbers Jan
Published: March 2004

The law relating to state succession played a small but important role in the World Court's recent decision in Gabčíkovo-Nagymaros. Hungary's argument that the 1977 Treaty had not survived the transition from Czechoslovakia to Slovakia notwithstanding, the Court found that the 1977 Treaty had continued to be in force. Hungary presented several arguments relating to succession: the absence of consent; and that only certain rights and obligations (but not the Treaty itself) had survived. The present article analyzes these arguments in context and concludes that the Court came up with the right decision, but through a process of reasoning that is less than fully convincing.
The Saint Vincent and the Grenadines v. Guinea M/V Saiga Cases
Authors: Kwiatkowska Barbara
Published: March 2004

The article surveys the Saint Vincent and the Grenadines v. Guinea M/V Saiga cases which inaugurated jurisprudence of the 21 Member International Tribunal for the Law of the Sea (ITLOS) in Hamburg, Germany, with delivery of two important decisions on prompt release of the vessel and its crew (1997, Case No. 1) and on provisional measures of protection (1998, Case No. 2). The decisions provided precedential instances of application by the Tribunal of Articles 292 and 290 of the 1982 UN Convention on the Law of the Sea respectively, and of the relevant provisions of the ITLOS Rules. The prescription of provisional measures of protection formed the incidental proceedings of the pending M/V Saiga (Merits) case which is to be settled by ITLOS in mid-1999 (Case No. 2) and is to be the subject of a separate article. In view of the ITLOS Statute and the Rules being closely modelled in the Statute and the Rules of the International Court of Justice (ICJ), careful attention is given to comparison of the inaugural practice of ITLOS with the longstanding practice of the ICJ, and preservation of judicial consistency by ITLOS is particularly commended. A history of the M/V Saiga dispute, intertwined with domestic proceedings before Guinean courts, is for the reader's convenience outlined in a Chronological Table annexed to this article.
Case Analysis: The First Site Visit by the International Court of Justice
Authors: Meadows Frances
Published: March 2004

This commentary will give an analysis of the purpose of the first site visit by the International Court of Justice, viewed in the context of the Court's specific judicial functions under its Statute and Rules; the factors bearing upon the success of the site visit; and the circumstances, in reality somewhat limited, in which the exercise might usefully be repeated in future cases.
The Statute for an International Criminal Court and the United States: Peace Without Justice?
Authors: Zwanenburg Marten
Published: March 2004

The adoption of the Statute of an International Criminal Court in July 1998 is widely regarded as a major step forward in international criminal law. The United States, however, does not share this point of view in all respects. It particularly fears that the Statute will allow prosecution of American peacekeepers for political instead of legal reasons. This article examines the provisions of the Statute in the light of that fear. It concludes that not only is such a fear unjustified, the United States position may have disastrous consequences for efforts in peacekeeping.
List of Current Proceedings
Authors: Amaya-Castro Juan M.
Published: March 2004

On 8 July 1991, Qatar filed an application instituting proceedings against Bahrain in respect of certain disputes between the two states relating to sovereignty over the Hawar Islands, sovereign rights over the shoals of Dibal and Qit'at Jaradah, and the delimitation of the maritime areas of the two states.
Playing the Devil's Advocate: the United Nations Security Council is Unbound by Law
Authors: Oosthuizen Gabriël H.
Published: March 2004

Playing the devil's advocate, it is argued that ultimately there are no international legal limits to the UN Security Council's enforcement powers. The argument is based on a brief analysis of various UN Charter provisions and the rejection of the ius cogens concept and other possible arguments for international legal limits. The conclusion reached is that the UN Security Council has unfettered powers when dealing with maintenance of international peace and security issues.

Is it true of the Security Council, that:
[…] because the End of this Institution is the Peace and Defence of […] all; and whosoever has the Right to the End, has the Right to the Means, it belongeth of Right [to him] to be Judge both of the Meanes [sic] of Peace and Defence; and also of the hindrances and disturbances of the same; and to do whatsoever he shall think necessary to be done […]Martti Koskenniemi, quoting from Thomas Hobbes' Leviathan
List of current legal proceedings: Update
Authors: Pigott Sarah-Jane
Published: March 2004

On Monday 24 May 1999, Judge David Hunt confirmed an indictment against, and issued initial arrest warrants for Slobodan Milošević, the President of the Federal Republic of Yugoslavia; Milan Milutinović, the President of Serbia; Nikola šainović, Deputy Prime Minister of the Federal Republic of Yugoslavia; Dragoljub Ojdanić, Chief of Staff of the Yugoslav Army; and Vlajko Stojiljković, Minister of Internal Affairs of Serbia.
Double Standards in Peacekeeping? Subcontracting Peacekeeping and International Humanitarian Law
Authors: Zwanenburg Marten
Published: March 2004

Increasingly the UN is ‘subcontracting’ peacekeeping and peace enforcement operations. The ECOMOG intervention in Sierra Leone is an example. Some members of ECOMOG have been accused of violating international humanitarian law. These accusations have not been adequately addressed by ECOMOG nor by the UN. The limited attention paid to this problem by the UN in ‘subcontracted’ operations contrasts with increased concern with respect for international humanitarian law by forces under UN command and control. It is argued that the UN should ensure that ‘subcontracting’ does not lead to lowering standards of international humanitarian law.
Legal Protection Against Violations of the European Convention on Human Rights: Improving (Co-)operation of Strasbourg and Domestic Institutions
Authors: Barkhuysen Tom , van Emmerik Michiel L.
Published: March 2004

This contribution deals with legal protection against violations of the European Convention on Human Rights at both the national as well as the international level. The conclusion is that the practice of the European Court of Human Rights is inadequate and that the protection in the Netherlands could be better. Several recommendations are made in order to improve the co-operation between Strasbourg and domestic institutions in the field of the protection of human rights.
Commentary: Judicial Remedies for Treaty Violations in Criminal Cases: Consular Rights of Foreign Nationals in United States Death Penalty Cases
Authors: Cassel Douglass
Published: March 2004

Litigation over the right of detained foreign nationals to be notified of their right to seek consular assistance in death penalty cases is important to the more than 80 foreign nationals currently on death row in the United States. It also raises more general questions about the role of international law and of international courts in sensitive criminal cases before national courts. International courts and litigants may enhance the likelihood of compliance in such cases by insisting on fair and deliberate procedures, on transparent and thoroughly articulated reasoning, and on prudent shaping of remedies.
Commentary: The Assignment of Defence Counsel Before the International Criminal Tribunal for Rwanda
Authors: Wladimiroff Michaïl
Published: March 2004

In light of serious problems with the assignment of counsel to defendants before the ICTR, this article examines the freedom of choice of assigned defence counsel before both ad hoc International Criminal Tribunals. International legal instruments guarantee free legal assistance for indigent defendants but do not recognize an unrestricted free choice of such counsel. International case law, however, recognizes that an effective defence can hardly arise from a client-counsel relation that is not based on trust and confidence. Trust and confidence are therefore decisive for a proper understanding of the right to have free legal assistance. Unlike the practice of the ICTY of recognizing the importance of these factors, the Registrar of the ICTR seems to give more weight to geographical distribution of lawyers and other discriminating factors. The Appeals Chamber of the ICTR dealt with this policy in the Akayesu case and overturned the decision of the Registry to refuse the counsel of the defendant's own choosing.
Tenter n'est pas essayer
Authors: KREUTZ PHILIPPE
Published: March 2004

Cet article se propose de comparer les sémanitismes respectifs des verbes essayer de (+ infinitif) et tenter de (+ infinitif). Nous montrons qu'ils renvoient chacun à une conceptualisation particulière de l'action. D'une part, essayer incarne un processus intentionnel dont l'issue est potentiellement sous le contrôle de l'agent alors que tenter, convoquant nécessairement le destin, instaure une forme de dé-responsabilisation de l'agent (III.2). D'autre part, au caractère instrumental de l'essai s'oppose l'autonomie pratique de la tentative (III.3). Enfin, les énoncés d'attribution de tentative relèvent davantage de la qualification que de la simple description de l'action. Ces distinctions se reflètent linguistiquement dans les propriétés aspectuelles (III.1), l'interprétation des questions (IV), les potentialités illocutoires (V) et le comportement respectif des deux verbes étudiés à l'égard de l'ellipse du complément infinitival (VI), thème moteur de la présente étude.
Une lecture énonciative des valeurs aspectuo-temporelles et commentatives de l'imparfait dans les suites PS + IMP: point de vue du locuteur ou de l'énonciateur?
Authors: RABATEL ALAIN
Published: March 2004

Cet article analyse dans un cadre énonciatif le phénomène du point de vue (PDV) et montre que des énoncés apparemment objectifs, qui sont des sortes de “phrases sans parole” (Banfield), expriment la subjectivité d'un énonciateur (par exemple un personnage) distinct du locuteur-narrateur. Plus particulièrement, il montre que les procès dénotés par l'imparfait, dans des suites passé simple + imparfait, correspondent au point de vue d'un personnage saillant (ou à défaut du narrateur), en raison des valeurs aspectuo-temporelles de l'imparfait, propices à l'expression de l'altérité énonciative. Il explique comment l'impression d'avancement du temps (alors que l'imparfait dénote un fait concomitant au procès au passé simple) résulte de l'activité inférentielle (cognitive) du sujet percevant. C'est cette même activité qui permet d'attribuer les commentaires exprimés à l'imparfait au personnage centre du point de vue.
La séquence est-ce dans les interrogatives en qui/que en ancien et en moyen français
Authors: ROUQUIER MAGALI
Published: March 2004

Cet article a pour but d'examiner la diachronie des constructions interrogatives en qu'est-ce en ancien et en moyen français. Une attention plus particulière a été portée sur la forme en qu'est-ce que qui interroge sur du [-hum] complément: c'est de loin la forme la plus fréquente dans les textes. Mais cette forme est encore mouvante en ancien français. Il peut y avoir des omissions du pronom sujet: qu'est-ce que dit avez? La place de l'élément ce peut varier; il peut se trouver antéposé ou postposé au pronom interrogatif: ce que est que vos dites? que ce est que vos dites? Par ailleurs, les verbes recteurs employés dans la construction sont restreints: on y trouve essentiellement des verbes de dire. Le système des formes commence sans doute à se grammaticaliser en moyen français. La variation de la place de ce se restreint. Les verbes recteurs se diversifient. On observe également un changement graphique: on peut trouver une graphie esse qui agglutine le verbe être et ce.
Le redoublement des sujets en picard
Authors: AUGER JULIE
Published: March 2004

Comme plusieurs variétés de français familier, le picard redouble les sujets. Puisque les clitiques sujets sont devenus des marques d'accord, il est logique de penser que les sujets redoublés sont les vrais sujets du picard. Cet article examine les sujets redoublés du picard sous les angles de la syntaxe, de la pragmatique et de la prosodie. Nous concluons que les sujets redoublés préverbaux sont ambigus: la plupart sont de véritables sujets (SN SV) mais certains conservent les caractéristiques de la dislocation (SN pro SV). Nous discutons aussi les sujets redoublés postverbaux et distinguons deux constructions: l'inversion stylistique qui place le sujet à l'intérieur du SV et la dislocation à droite.
Comment on Conway
Authors: JONES ERIK
Published: March 2004

Put briefly, the phenomenon that historians need to address is the uniformity and stability of western Europe in the period 1948–73.
France and European Integration: From the Schuman Plan to Economic and Monetary Union
Authors: LYNCH FRANCES M. B.
Published: March 2004

Craig Parsons, A Certain Idea of Europe (Ithaca, NY, and London: Cornell University Press, 2003), 255pp., $39.95 (hb), ISBN 0-8014-4086-6.

David J. Howarth, The French Road to European Monetary Union (New York and London: Palgrave, 2001), 256pp., £42.50 (hb), ISBN 0-333-92096-1.

Mairi MacLean, Economic Management and French Business from de Gaulle to Chirac (New York and London: Palgrave, 2001), 256pp., £42.50 (hb), ISBN 0-333-76148-0.
Evaluating human sperm DNA integrity: relationship between 8-hydroxydeoxyguanosine quantification and the sperm chromatin structure assay
Authors: Oger Isabelle , Da Cruz Christelle , Panteix Gilles , Menezo Yves
Published: March 2004

In our work, we have used 8-hydroxy-deoxyguanosine (8-OH-dG), one of the major oxidative products of sperm DNA, in a population of patients consulting for infertility. We found an inverse relationship between sperm concentration and the log of the ratio of 8-OH-dG to dG (P<0.01). On the same patients' sperm samples, the sperm chromatin structure assay (SCSA) was performed. An inverse relationship was observed between the DNA fragmentation index and sperm concentration (P<0.001). There was also a positive relationship between SCSA and log 8-OH-dG/dG. This indicates that DNA fragmentation measured by the SCSA originates in part from oxidative products. In a few patients, antioxidant treatment decreased the DNA fragmentation index below the threshold of 30% that is crucial for subfertility.
The utilization of pulsars as SETI beacons
Authors: Edmondson William H. , Stevens Ian R.
Published: March 2004

This paper proposes that pulsars can serve as beacons for the discovery of and communication with extraterrestrials. The motivation for the communication strategy proposed is discussed in detail, along with relevant astrophysical considerations. It is shown that millisecond pulsars have characteristics and a distribution in space that make it possible to envisage communication being targeted towards and away from habstars (as defined by Turnbull & Tarter) aligned with pulsars in a specified way. Lists of candidate habstars and their pulsar alignments are included for those wishing to conduct searches using the strategy described.
Acoustic backscatter and copepod secondary production across the Subtropical Front to the east of New Zealand
Authors: McClatchie S. , Macaulay G. J. , Coombs R. F.
Published: March 2004

The magnitude and spatial distribution of zooplankton biomass and secondary production across the Subtropical Front (STF) to the east of New Zealand is virtually unknown. We used conductivity‐temperature‐depth data to locate the STF and described the pattern of mixed layer depth, current shear, and Richardson number across the frontal zone. The meridional distributions of surface chlorophyll, acoustic backscatter, optical particle counts, and sizes across the STF were determined from a survey in austral spring 1999. Chlorophyll, acoustic backscatter, and optical biomass all were higher in subtropical water to the north of the STF. Copepod‐sized particles were ≈50 μm larger in the frontal zone (ESD ≈ 400 μm) than to the north and south of the front. Neither acoustic backscatter nor optically estimated copepod biomass was higher in the frontal zone. Particle counts and temperature were used to estimate copepod secondary production. Median potential copepod production was 9.6 mg Carbon m−3d−1. The trend of copepod production across the front was similar to chlorophyll a and acoustic backscatter. Median copepod production to biomass ratio (P/B) was 0.137 d−1. Median turnover time for copepod biomass (B/P) was 7.3 days. This turnover rate is the same order as the range for most marine copepods (≈5–10 days), which leads us to question the idea that the STF is a region of higher than average copepod secondary production in the New Zealand region.
Map view retrodeformation of an arcuate fold‐and‐thrust belt: The Jura case
Authors: Affolter Thomas , Gratier Jean‐Pierre
Published: March 2004

The mechanism of arcuate mountain range formation is a matter of debate. Here we perform a map view restoration of a detailed three‐dimensional model of the Jura arc, a typical arcuate mountain range in the foothills of the Swiss and French Alps. This retrodeformation is performed using the UNFOLD surface‐balanced program, based on a “block mosaic” method. It results in a displacement field divergent toward the deformation front. This displacement field suggests counterclockwise rigid rotations in the horizontal plane up to 30° in the southern Internal Jura and a corresponding vertical axis rotation or shear strain of the Savoie molasse basin hinterlandward. We also predict a 10° clockwise, vertical axis rotation of the molasse basin in Switzerland. All these rotations agree with those documented by paleomagnetic data. The former are taken to result from a substantial decrease in shortening at the southern Jura end, while the divergence of displacements is interpreted to result from variations in the detachment level distribution.
Consolidation state and strength of underthrust sediments and evolution of the décollement at the Nankai accretionary margin: Results of uniaxial reconsolidation experiments
Authors: Morgan Julia K. , Ask Maria V. S.
Published: March 2004

Uniaxial reconsolidation experiments conducted on Ocean Drilling Program drill cores along the Muroto Transect of the Nankai accretionary margin demonstrate complex yield and postyield behavior and provide evidence for enhanced strengths within sediments beneath the décollement zone. Tests were conducted on samples collected from similar stratigraphic levels below the décollement and its seaward projection. Consolidation state of the samples increased landward and with depth and was tracked closely by sediment yield stress for all but one of the samples. The sediments, however, exhibited substantial postyield strength: up to 2.8 times the predicted in situ effective vertical stress beneath the protothrust zone. This enhanced strength results from diagenesis that leads to matrix cementation during stable effective stress conditions within the underthrust section. The close correspondence between yield stress and predicted in situ effective stress suggests that despite the cemented state, the sediment matrix remains sensitive to in situ stress conditions. The low yield stress of one sample, collected within ∼40 m of the décollement fault at Site 808, may reflect diagenesis under reduced effective stress conditions, due to postconsolidation increases in pore pressure along the décollement. Due to their cemented state, the strong underthrust sediments resist décollement downcutting beneath the toe of the prism, leading to preferential incorporation of weaker, continuously deforming accreted sediments during shear. Seismogenic slip along the décollement at depth may create stresses in excess of sediment strength, causing shear failure and rapid release of trapped pore fluids feeding high pore fluid pressures along the décollement zone.
Morphometric properties of Martian volcanoes
Authors: Plescia J. B.
Published: March 2004

Mars Orbiter Laser Altimeter (MOLA) data have been used to construct Digital Elevation Models (DEM) of the Martian volcanoes in order to determine height, flank slope, caldera depth, and volumes. Summit elevations range from 21.1 km to −0.5 km, and relief varies from 1.0 km to almost 22 km. Average flank slopes are in the range of <1° to ∼10°, consistent with basaltic shield volcanism. The very low slopes of highland patera are also consistent with pyroclastic volcanism. Minimum volumes range from <1012 to 1015 m3. Estimates of the time required to build these volcanoes, on the basis of long‐term terrestrial eruption rates, range from hundreds of thousands to tens of millions of years.