bluuebunny/crossref_metadata_2025 huggingface dataset:
Politics
Authors: Løgstrup K. E. , van Kooten Niekerk Kees , Lykke Cobos Kristian-Alberto , Fink Hans , Rabjerg Bjørn , Stern Robert
Published: July 2020

Løgstrup firstly argues that the differences between the estate-based society of Luther’s time and our modern society mean that we cannot simply apply Luther to today’s problems. Løgstrup turns to specific political issues: state funding of culture, the influence of non-governmental organizations and pressure groups, and the rules of diplomacy in foreign policy. One particular problem related to Luther concerns the right of resistance, since Luther and the Reformers clearly forbade rebellion. But today, due to the structure of power in democracies, we not only have a right of resistance, but a duty to resist oppressors. Løgstrup discusses the problem of how to maintain high standards (e.g. in education and culture) in a democratic society, because democracy involves the risk that the knowledge of experts will be set aside by the will of the uninformed many. Løgstrup also discusses democracy’s risk of becoming a utopian trust in progress and development.
Introduction
Authors: Stafford Pauline
Published: July 2020

This chapter provides an overview of the texts and manuscripts of the vernacular Anglo-Saxon chronicles. It considers annals as a genre and their historiographical rehabilitation, including in the light of postmodernism, both as narrative and as engaged history-writing. It considers wider European scholarship on history-writing in the earlier middle ages, and its questions concerning the ‘power of the past’ and of writing and rewriting the past as a ‘technology of power’. It presents the methodology of this book.
Alfred’s Chronicle and the First Continuations
Authors: Stafford Pauline
Published: July 2020

This chapter considers the vernacular chronicle produced at the court of King Alfred, its story, and its late-ninth-century evolution. It argues that this story was both dynastic history and a wider tale of English Christian history. It argues that seeing this chronicle as connected to the court rather than as deliberate royal propaganda solves some long-standing historical debates. Using the evidence of language and a comparative method involving Asser, surviving chronicles, and twelfth-century texts, it suggests that this chronicle was already an evolving text before 900. It questions the idea of deliberate circulation in the early 890s, suggesting an alternative model of copies made at different points. The early 890s were, nonetheless, a significant time of divergence and the beginning of the story of the separate development of vernacular chronicles.
BC, B, and the Mid Tenth Century
Authors: Stafford Pauline
Published: July 2020

This chapter considers the chronicles and annals, surviving and lost, dating from the mid to later tenth century and represented now especially by Chronicles B and C. It provides a detailed examination of Chronicle B and its manuscript. Lost chronicles lying behind B are considered: BC and perhaps /BC. These are dated to the middle decades of the tenth century. These chronicling developments are seen as linked to the politics of the mid century, which was concerned with the problems of making a wider England ruled from the south and threats to that England from Scandinavian rulers at York. It is argued that these developments are linked to bishops—those of Lichfield, Worcester, and Dorchester are in the frame—though in all cases they were prominent at the southern court and involved in its political project.
Vernacular Chronicles c.1000
Authors: Stafford Pauline
Published: July 2020

This chapter provides an overview of vernacular chronicling c. ad 1000. It discusses both work on the surviving manuscript of Chronicle A and Chronicle G, a copy of Chronicle A produced at this time. G is one of the few Anglo-Saxon vernacular chronicles to survive in an original manuscript setting alongside other works. This is used to underline the probable episcopal connections of G and A with Winchester and further to illuminate the reception of Bede. The chapter covers the production now of a Latin translation of a vernacular chronicle by a layman, Ealdorman Æthelweard. It places in the hands of Wulfstan II, archbishop of York, a copy of the Northern Recension, an important textual ancestor of Chronicle D, and considers the unusual references to women in D’s tenth-century annals. The chapter provides a conspectus of vernacular chronicling at the height of the so-called Monastic (or Benedictine) reform movement.
The Making of Chronicle C and Mid-Eleventh-Century Chronicling
Authors: Stafford Pauline
Published: July 2020

This chapter deals with mid-eleventh-century chronicling: the making of Chronicle C, activity at Canterbury on Chronicle /E, a lost West Midlands Chronicle and possible development of Chronicle /D. It includes detailed discussion of the Chronicle C’s manuscript and its accompanying texts. It argues that this flurry of vernacular chronicling is connected to the return of the native English dynasty in the person of Edward the Confessor, like the making of the Encomium Emmae Reginae at this date, itself witness to the political and historiographical impact of that return. It is suggested that the lost Mercian/West Midlands Chronicle lies behind annals in C and D, possibly connected to Earl Leofric. C and /E are, however, connected via the link at this date between the abbey of Abingdon and Canterbury’s archbishop. A model of contact, interchange, and debate is proposed to explain the bewildering parallels and differences among Chronicles C, D, and E.
The Continuations of Chronicle C and the Development of Chronicles in the Mid Eleventh Century
Authors: Stafford Pauline
Published: July 2020

This chapter is concerned with annals in Chronicles C, D, E, and the lost West Midlands Chronicle numbered to the 1040s and 1050s, including those covering 1049–1052, the crisis of Edward the Confessor’s reign. It tackles the question whether all these annals were authored and/or copied pre-1066, and uses Chronicle C’s continuations through to the 1050s as a starting point. The palaeography and layout of these annals in C are covered in detail. The chapter argues that the annals covering the 1040s and 1050s, including those for 1049–1052, are contemporary in C, E, and the lost West Midlands Chronicle, and possibly in D. The differences among them are argued as indications of the divisions of contemporary opinion over these events, including the fall and return of Earl Godwine and his family. The model of contact, debate, and exchange proposed in chapter 10 is seen as still relevant.
Chronicles E, /E, and H: The End of the Tradition?
Authors: Stafford Pauline
Published: July 2020

This chapter deals with the last surviving Anglo-Saxon vernacular chronicle, E, produced at Peterborough c.1121, and the last stages of Chronicle /E which lies behind it. The content and palaeography of E place it at Peterborough. Peterborough monastic history is now incorporated into the story, though the result is not a simple ‘house history’. Questions are raised about E’s annals numbered c.1060 onwards, their likely home(s), and the stages of their composition. Work on /E is viewed in the context of burgeoning Latin historiography, with which it has much common ground. The fragment, Chronicle H, is placed in this same world. The networks and contacts invoked to explain patterns of composition and exchange from the mid eleventh century are seen as still relevant. The changing relationship of vernacular chronicling to the court heralds the end of a tradition of chronicling for and by an Anglo-Saxon elite who had disappeared.
Conclusion
Authors: Stafford Pauline
Published: July 2020

This chapter draws together the major themes and conclusions of the book and presents an overall picture of these chronicles, including lost chronicles, and their development. It deals with patrons, scribe/authors and place(s) of production, emphasizing the role of the court. It covers story and content, including discussion of the chronicle poems and poetic annals. It discusses the role of bishops, especially archbishops, and the religious houses and households connected to them. It pays attention to the identity of anonymous scribe/authors and to audiences. It emphasizes the plurality of these chronicles alongside a tradition of vernacular history-writing. It questions deliberate circulation buts stresses engaged history-writing including the importance of apparently neutral copies. It offers answers to the question of why this tradition of writing ended.
The Rise of Christian Theology and the End of Ancient Metaphysics
Authors: Zachhuber Johannes
Published: July 2020

It has rarely been recognized that the Christian writers of the first millennium pursued an ambitious and exciting philosophical project alongside their engagement in the doctrinal controversies of their age. This book offers for the first time a full analysis of this Patristic philosophy. It shows how it took its distinctive shape in the late fourth century and gives an account of its subsequent development until the time of John of Damascus. The book falls into three main parts. The first of them starts from an analysis of the philosophical project underlying the teaching of the Cappadocian fathers, Basil of Caesarea, Gregory of Nyssa, and Gregory of Nazianzus. This philosophy, arguably the first distinctively Christian theory of being, soon becomes near-universally shared in Eastern Christianity. A few decades after the Cappadocians, all sides in the early Christological controversy take its fundamental tenets for granted. Its application to the Christological problem thus appeared inevitable. Yet it created substantial conceptual problems. Parts II and III of the book describe in detail how these problems led to a series of increasingly radical modifications of the Cappadocian philosophy. The chapters of Part II are dedicated to the miaphysite opponents of the Council of Chalcedon, while Part III discusses the defenders of the Council from the early sixth to the eighth centuries. Through this overview, the book reveals this period as one of remarkable philosophical creativity, fecundity, and innovation.
Introduction
Authors: Zachhuber Johannes
Published: July 2020

This chapter provides an overall introduction to the book. It outlines its methodological approach, explains the selection of authors, and sets out the case that will be argued. Central for the approach is the concept of Patristic philosophy meant to stem the traditional dualism of Christian thought and philosophy. Christian writers themselves are thus seen as philosophers. While Christian philosophy in this sense began in the second century, it obtains a distinctive shape at the end of the fourth century through the work of the Cappadocian fathers. The book recounts the history of this uniquely influential, classical theory. It is subsequently received but also modified and transformed. The history must represent the diversity of this development and cannot be restricted to Chalcedonian authors only. The tensions between the needs of the Christological controversy and the inherited Cappadocian theory lead to philosophical innovations that prepare much later developments.
The Cappadocians and their Christian Philosophy
Authors: Zachhuber Johannes
Published: July 2020

This chapter offers an in-depth analysis of the philosophy underlying the teaching of the so-called Cappadocian fathers. After an introductory overview of their historical and intellectual background in the trinitarian controversy of the fourth century, the chapter initially turns to Basil of Caesarea. He introduced a distinctive terminological and conceptual framework to articulate his proposal for a solution to the trinitarian controversy. Philosophically, it is geared towards grammar and logic; it is therefore called the ‘abstract’ dimension of the Cappadocian theory. All three Cappadocians accept this abstract theory. Subsequently, the chapter turns to Gregory of Nyssa who in his cosmological and trinitarian writings develops a corresponding theory geared towards physics and ontology. It will be referred to as the ‘concrete’ dimension of Cappadocian philosophy. These two are conceived as complementary but their difference introduces a conceptual tension into the Cappadocian theory.
The Rise of the Classical Theory and the Challenge of Christology
Authors: Zachhuber Johannes
Published: July 2020

This chapter traces the initial reception of the Cappadocian philosophy. In a first section, two major early fifth-century thinkers, Cyril of Alexandria and Theodoret of Cyrus, are shown to presuppose all major principles of the Cappadocian theory. A second section argues that this unique position of the three fourth-century thinkers was related to their role as paradigms of Christian education. The remainder of the chapter turns to the Christological controversy. Remarkably, the Cappadocian theory was applied to a wide variety of doctrinal topics but not initially to Christology. Yet this application became universally shared from the early sixth century onwards. The present chapter therefore examines the roots of this later convention. To this end, two distinct phenomena are examined: the Apollinarian controversy of the late fourth century and the emergence of the so-called double homoousion as an increasingly accepted formula suggesting a conceptual parallel between the Trinity and Christology.
The Coup Risk
Authors: Dobos Ned
Published: July 2020

It is not uncommon for the armed forces to turn against the state that they are supposed to protect. Wherever there is a military, there is a risk of a coup. Since 1950 there have been 232 of them in ninety-four countries, and this is only counting the successful ones where an incumbent government was unseated. The coup risk is a function of what Peter Fever famously called the ‘civil–military problematique’: armed forces with the means to defend their state invariably have the means to attack it as well. This chapter argues that citizens should take the risk of a coup seriously for largely the same reasons that they take the threat of foreign aggression and occupation seriously: both can be expected to compromise their communal self-definition and their enjoyment of human rights.
On Fear-Induced Aggression
Authors: Dobos Ned
Published: July 2020

Wherever there is a military establishment, there is a possibility that it will provoke the very thing that it is meant to deter. A foreign enemy might be driven to attack us not despite our armed forces, but because of them, in an act of fear-induced ‘defensive aggression’. What this tells us is that a military’s contribution to ‘national security’ is not unequivocally positive. There is a trade-off involved. States armed with militaries may be less likely to find themselves on the receiving end of ‘greedy’ or ‘opportunistic’ aggression, but they are more likely to find themselves on the receiving end of preventive aggression, motivated by feelings of insecurity and vulnerability. Thankfully, international norms against the use of preventive military force have limited the instances of defensive aggression over the last century. But today these norms are unravelling. If ‘defensive aggression’ becomes legitimized, we should expect to see more of it.
Cybercrime
Authors: Hildebrandt Mireille
Published: July 2020

This chapter explores the legal framework regarding cybercrime, with a focus on Europe. In the case of cybercrime, competent authorities face a moving target, as technological developments, both on the side of perpetrators and on the side of policing and forensics, often outwit prevalent and tested strategies against traditional crime. This chapter first raises the question of what makes cybercrime ‘cyber’, and then introduces the international and supranational legal frameworks that are meant to cope with cybercrime, with a focus on the Cybercrime Convention. Finally, the chapter offers a reflection on the image of the weighing scale where it comes to balancing safety and security against rights and freedoms.
‘Legal by Design’ or ‘Legal Protection by Design’?
Authors: Hildebrandt Mireille
Published: July 2020

This chapter focuses on how machine learning (ML) and distributed ledger technologies (DLTs) change the environment of the law, the substance of legal goods, and on the extent to which these changes affect legal protection. ML applications, for example, can decide a person's credit worthiness or employability. Moreover, DLTs can, for instance, self-execute transactions and policies without and beyond the law. One of the main challenges here thus concerns the regulatory effects of these novel technologies and the potential incompatibility of legal protection with techno-regulation (defined as the regulatory effects of a technology, whether or not intended). This challenge will be discussed in terms of automated compliance (‘legal by design’) and technological articulation of fundamental rights (‘legal protection by design’).
Pluralist Accountability
Authors: Hirschmann Gisela
Published: July 2020

This chapter outlines the theoretical framework of this book. This comprises a review of the concept of accountability in the existing literature, which summarizes the perspectives of principal-agent research, legal scholarship, and the research on transnational actors in global governance. It also contains a section on the challenges for accountability and legitimacy in complex global governance structures, illustrated by the phenomenon of prolonged delegation relationships. The theoretical framework further comprises the conceptualization of pluralist accountability as the dependent variable, the conceptualization of the model specifying the conditions for pluralist accountability, and the research design with a section on case selection, methods, and data acquisition.
“We cannot rule out that torture is going on”
Authors: Hirschmann Gisela
Published: July 2020

This chapter analyzes the conditions for pluralist accountability in response to the violation of the rights of detainees in Afghanistan that were captured by NATO’s International Security Assistance Force (ISAF) and transferred to United States or Afghan custody. The analysis demonstrates that the lack of competition among third parties to act as advocates for the rights of suspected terrorists in Afghanistan, as well as the low vulnerability of the United States government regarding human rights demands in the immediate aftermath of the attacks of September 11, 2001, hindered the emergence of pluralist accountability in the case of detainees transferred to the United States-led coalition forces. In contrast, the case on the rights of detainees transferred by ISAF to the Afghan government shows how competition within the United Nations Assistance Mission in Afghanistan, and increasing vulnerability of the transferring ISAF states with regard to human rights demands, fostered pluralist accountability.
Human Trafficking and the Violation of the Rights of Detainees
Authors: Hirschmann Gisela
Published: July 2020

This chapter contains two case studies on the accountability of peace operations in Bosnia. The first case study analyzes how pluralist accountability evolved in response to allegations that a significant number of international personnel, partly under contract with private military companies, were involved in sex trafficking. In the case of human trafficking, the United Nations Office of the High Commissioner for Human Rights (OHCHR) in Bosnia as well as domestic institutions acted as accountability holders. The second case study on Bosnia demonstrates how pluralist accountability failed to evolve in response to the violation of detainees’ rights by the NATO-led Stabilization Force (SFOR) operation. In this case, competition was rather weak as there were no concurring transnational nongovernmental or intergovernmental human rights organizations that competed for promoting the rights of detainees. Moreover, SFOR’s low vulnerability with regard to human rights demands hindered the evolution of pluralist accountability.
Bringing Peace, But Violating Human Rights
Authors: Hirschmann Gisela
Published: July 2020

This chapter contains two case studies analyzing the evolution of pluralist accountability in response to the violation of the rights of detainees held in Kosovo by the Special Representative of the UN Secretary-General and the NATO-led military operation KFOR. The analysis reveals that while pluralist accountability evolved in the case of detentions by the UN Mission in Kosovo (UNMIK), it failed with regard to KFOR detentions. The competitive environment stimulated regional organizations to sharpen their profiles as external accountability holders, in both cases by establishing an Ombudsperson Institution and a Human Rights Advisory Panel. However, the difference in UNMIK’s and KFOR’s vulnerability with regard to human rights demands explains why pluralist accountability evolved only in the case of UNMIK.
Pluralist Accountability in Times of Economic Crisis
Authors: Hirschmann Gisela
Published: July 2020

This chapter analyzes the conditions for pluralist accountability in response to human rights violations that were attributed to the European Union (EU) Troika’s austerity policies that were implemented in Greece and Portugal between 2010 and 2015 in response to the global financial crisis. I demonstrate how competition between national and EU institutions, and between different EU institutions, led the Portuguese Constitutional Court and the European Parliament to develop distinguished profiles as accountability holders. Major differences existed as to the degree of vulnerability of the different Troika institutions to human rights demands: while the International Monetary Fund and European Central Bank rendered themselves immune against human rights demands, the European Commission was more vulnerable due to its broader mandate and the declining trust of the public in EU institutions’ capacity to address the crisis. This explains why a pluralist accountability framework was most active with regard to the European Commission.
Conclusion
Authors: Hirschmann Gisela
Published: July 2020

This chapter summarizes the main arguments, discusses the theoretical and practical implications of the findings, and outlines avenues for future research. Moreover, this chapter discusses the normative-theoretical implications of pluralist accountability for international organization legitimacy and demonstrates why pluralist accountability is not a panacea for the (re)legitimation of international organizations. This normative assessment proceeds in two steps. First, I argue that in the absence of vertical accountability in light of human rights violations in global governance, pluralist accountability is an important means of procedural control that restrains the exercise of authority. In a second step, I demonstrate the legitimacy-enhancing potential of pluralist accountability in comparison with vertical accountability. I evaluate pluralist accountability in terms of two criteria, namely, participation and transparency. The book concludes by pointing out potential limitations of pluralist accountability in terms of the danger of “multiple accountability disorder” and the degree of legalization.
Classical Learning in Britain, France, and the Dutch Republic, 1690-1750
Authors: Verhaart Floris
Published: July 2020

The Quarrel of the Ancients and the Moderns in the late seventeenth and early eighteenth centuries was a moment when scholars and thinkers across Europe reflected on how they saw their relationship with the past, especially classical antiquity. Many readers in the Renaissance had appreciated the writings of ancient Latin and Greek authors not just for their literary value, but also as important sources of information that could be usefully applied in their own age. By the late seventeenth century, however, it was felt that the authority of the ancients was no longer needed and that their knowledge had become outdated thanks to scientific discoveries as well as the new paradigms of rationalism and empiricism. Those working on the ancient past and its literature debated new ways of defending their relevance for society. The different approaches to classical literature defended in these debates explain how the writings of ancient Greece and Rome could become a vital part of eighteenth-century culture and political thinking. Through its analysis of the debates on the value of the classics for the eighteenth century, this book also makes a more general point on the Enlightenment. Although often seen as an age of reason and modernity, the Enlightenment in Europe continuously looked back for inspiration from preceding traditions and ages such as Renaissance humanism and classical antiquity. Finally, the pressure on scholars in the eighteenth century to popularize their work and be seen as contributing to society is a parallel for our own time in which the value of the humanities is a continuous topic of debate.
Conclusion
Authors: Verhaart Floris
Published: July 2020

The final chapter summarizes the findings of the preceding chapters and offers an epilogue on how the tension between different approaches to classical literature has parallels in the nineteenth century. It is argued that the debates described in the monograph between the ‘Dutch School’ (philologia) focusing on textual problems and the ‘French School’ (philosophia) focusing on moral issues had no clear winners. Rather they led, on the one hand, to a more technical and professional approach to the study of ancient texts and, on the other hand, to the continued popularity of classical ideas and models of moral virtue in the eighteenth century thanks to more accessible works of ‘popular’ scholarship.
Public-Private Partnerships in Sub-Saharan Africa
Authors: Leigland James
Published: July 2020

Expectations are high regarding the potential benefits of public–private partnerships (PPPs) for infrastructure development in poor countries. The development community, led by the G20, the United Nations, and others, expects PPPs to help with “transformational” megaprojects as well as efforts to achieve the Sustainable Development Goals (SDGs). But PPPs have been widely used only since the 1990s. The discussion of PPPs is still dominated by best-practice guidance, academic studies that focus on developed countries, or ideological criticism. Meanwhile, practitioners have quietly accumulated a large body of empirical evidence on PPP performance. The purpose of this book is to summarize and consolidate what this critical mass of evidence-based research says about PPPs in low-income countries (LICs) and thereby develop a more realistic perspective on the practical value of these mechanisms. The focus of the book is on Sub-Saharan Africa (SSA), home to most of the world’s poorest countries, although insights from other regions and more affluent developing countries are also included. Case studies of many of the best-known PPPs in Africa are used to illustrate these findings. This book demonstrates that PPPs have not met expectations in poor countries, and are only sustainable if many of the original defining characteristics of PPPs are changed. PPPs do have a small but meaningful role to play, but only if expectations remain modest and projects are subject to transparent evaluation and competition. Experiments with PPP mechanisms underway in some countries suggest ways in which PPPs may be evolving to better realize benefits in poor countries.
Introduction
Authors: Leigland James
Published: July 2020

Since the 1990s, the development community has recommended the use of public–private partnerships (PPPs) for improving infrastructure services in the poorest countries. The interest in PPPs is now stronger than ever because they are widely perceived to be critical to the achievement of Sustainable Development Goals (SDGs). But after three decades of experience, a powerful, evidence-based critique of PPPs in the poorest countries is emerging, largely from the practitioner-generated evidence on project performance. This critique is more measured than much of the ideologically based censure of PPPs by civil society groups over the previous two decades. But it highlights numerous cases where PPPs have not been successful. This chapter introduces this topic by explaining what PPPs are, how they work, and where they have been used since the early 1990s. The focus of this book is on Sub-Saharan Africa (SSA), but insights from other regions are also included.
The Performance of PPPs in Developing Countries
Authors: Leigland James
Published: July 2020

Precisely how have PPPs underperformed? This chapter reviews global evidence relating to: (i) how widely PPPs are actually used in developing countries; (ii) the commercial profitability associated with these projects; (iii) the costs and complexities of project preparation; (iv) the ability of such projects to generate private investment finance; (v) the pro-poor benefits of these projects; and (vi) the institutional and political problems that limit project success. In light of this evidence, how practical are recent efforts by international organizations to promote increases in the number and size of PPPs in developing countries. The G20’s recent advocacy of “transformational” PPPs as mechanisms for dealing effectively with infrastructure challenges in low-income countries is an example of this kind of PPP promotion.
The Rise and Fall of Brownfield Concessions
Authors: Leigland James
Published: July 2020

This chapter explains the fate of brownfield concessions. In the early 1990s, these public-private partnerships (PPPs) served briefly as the flagship of the global PPP movement, and were highly recommended by the development community as “privatization” solutions to many of the problems facing infrastructure utilities in low-income countries. These concessions involve the construction of new infrastructure assets to improve or extend existing facilities, but mostly focus on rehabilitation of existing assets. Theoretically, such projects should be relatively easy to do because risks associated with initial financing and construction are largely eliminated by the time a PPP contract is signed. But since the 1997 Asian crisis, relatively little investment has been generated by these projects. In the poorest countries, very few of these projects have been attempted and much of the related investment has actually come from governments or their development partners. What accounts for the rise and fall in popularity of brownfield concessions?
Case Study
Authors: Leigland James
Published: July 2020

This chapter presents a case study of the Nelspruit water concession completed in South Africa’s Mpumalanga Province in 1999. This is generally considered to be the third “classic” brownfield water concession in Sub-Saharan Africa (SSA), involving capital investment in system assets as well as commercial operation of the system by the private partner. The Nelspruit project exhibits most of the risks and shortcomings that helped account for the precipitous decline in private sector interest in such projects after the Asian financial crisis, as documented in Chapter 4. How did these risks and shortcomings materialize in Nelspruit? How were they dealt with and in what manner does the project continue to function after two decades? Why have there been no other prominent examples of similar “classic” water concessions in South Africa or in other SSA countries since 1999?
SSA’s IPP Policy Dilemma
Authors: Leigland James
Published: July 2020

This chapter focuses on independent power producer (IPP) projects, by far the most successful kind of public–private partnership (PPP) in the developing world. These projects generate more investment in developing countries than all other forms of PPP combined. However, the development community exhibits ambivalence towards independent power producer (IPP) projects. They are supposed to work best in power sectors that are being reformed, where user tariffs are cost reflective and off-taker utilities are creditworthy. Yet, in practice, many influential multilateral development banks (MDBs), development finance institutions (DFIs), and donors are encouraging the use of IPP projects virtually everywhere in the developing world, whether or not sector reforms are taking place. This reflects a policy dilemma: most low-income countries desperately need more generating capacity, but should the development of IPP projects be delayed until progress is made on broader sector reforms? How can these policy dilemmas be resolved? Who can make that happen?
The Future of PPPs in Low-Income Countries
Authors: Leigland James
Published: July 2020

While PPPs have not been as successful as expected, the various kinds of hybrid PPP project forms that have emerged may suggest ways in which PPPs can sustainably generate some value and meet some stakeholder expectations. These hybrids may indeed be successful, but in what ways do they represent significantly reduced expectations regarding the benefits of PPPs, as these projects were conceived in the 1990s? This chapter discusses what is perhaps the most dramatic compromise, the dominating role now played in most of these projects by subsidized or “blended” finance. Governments and their development partners pay for and manage most basic project preparation work, contribute to the capital costs of projects, and provide guarantees and other risk-mitigation mechanisms insisted on by private partners. How should blended finance like this be justified and managed to ensure against market distortion and wasted resources that could be used more productively elsewhere?
Conclusion
Authors: Chinca Mark
Published: July 2020

Between the 1580s and the 1640s there was a reconfiguration of the discursive environment in which meditation on death and the afterlife was conducted. The conclusion traces this reconfiguration in writings by Montaigne, Bacon, and especially Descartes. In their different ways, all three writers contributed to a new pluralism of discourse surrounding death and the afterlife, one where philosophy and Christian remembrance of the last end, which had hitherto been regarded as one and the same discourse, or at least in close alliance, could no longer be assumed to reinforce each other.
Introduction
Authors: Stahn Carsten
Published: July 2020

The ICTY is usually viewed as a relatively successful example of investigation and prosecution of international crimes. It was born in what many see now as a ‘heroic’ phase of international criminal justice. Throughout its almost two and half decades of existence, it faced many of the existential challenges of international criminal justice, such as selectivity, distance from crimes and victims, uncertainties regarding identity, efficiency and impact, and a complex interrelation with politics. The tribunal has addressed these challenges through constant transformation. It gradually portrayed its own legacy through the lens of dialogue. This contribution introduces main sites and themes of legacy. It shows that legacies derive not only from successes, but also from setbacks and failures.
The Moral Legacy of the ICTY
Authors: Soares Miguel de Serpa
Published: July 2020

The chapter sets the International Criminal Tribunal for the former Yugoslavia (ICTY) legacy into context from a broader UN perspective. It shows that ideas of morality and responsibility are fundamental to the establishment of the ICTY and a cornerstone of the ‘age of accountability’. The chapter argues that the ICTY had a pioneering role in shaping discourse on international justice and serious international crimes and institutional developments, ranging from the Special Court for Sierra Leone (SCSL) to the International, Impartial and Independent Mechanism (IIIM). It discusses four challenges that are fundamental to the development of an international accountability system: the financing of international criminal court and tribunals; the length of proceedings; the development of governance mechanisms; and the centrality of the role of victims. The chapter concludes that, in an ideal world, institutions such as the ICTY would not be needed. However, until such a time arrives, the legacy of the ICTY can provide important insights on building domestic capacity and guiding other international tribunals.
Legacies in the Making at the ICTY
Authors: Dittrich Viviane E.
Published: July 2020

Viviane Dittrich re-visits the institutional endeavour of leaving a legacy in light of completion, closure, and continuation. Her contribution explores how the proliferation of tribunal-driven legacy projects and efforts of documentation, memorialization, and legacy building has shaped and continues shaping the actual legacy process. The chapter shows that legacy formation is a continuous process, placing the social construction of legacies at the centre of the analysis. The chapter sets the approaches of the International Criminal Tribunal for the former Yugoslavia (ICTY) in perspective in relation to its Completion Strategy and the ongoing work of the International Residual Mechanism for Criminal Tribunals. In view of the impending closure of the Tribunal and the spectre of organizational death, the chapter discusses legacy building in terms of language, conceptualization, and institutionalization.
Judgments and Judgment Drafting
Authors: Pittman Thomas Wayde , Öberg Marko Divac
Published: July 2020

One of the legacies of the International Criminal Tribunal for the former Yugoslavia (ICTY) will be its many trial and appeal judgments with significant length. These are accompanied by a ‘reasoned opinion in writing’ which drastically varies in size. Those written reasoned opinions, also referred to as judgments, serve an important formal and tangible purpose. They are intergovernmental judicial decision-making records of judicially-determined factual and legal findings and conclusions concerning atrocities committed in the former Yugoslavia. Politically, they serve a less tangible, but no less important, purpose—as the Tribunal’s contribution to the restoration and maintenance of peace in the former Yugoslavia. Yet, for possessing such importance, little is known about how the judgments come into existence. Who drafts them and how and what are the stages? Who are the legal support staff involved? What determines structure, content, language, and style? How is an opinion ‘reasoned’? What has been the impact of ICTY judgments? This chapter seeks to answer these questions.
Muzzling the Press
Authors: Fino Audrey , Sahyouni Sandra
Published: July 2020

Chapter 16 deals with contempt cases against journalists. Restrictions on freedom of the press have been striking at international criminal tribunals, where violations of protective measures granted to, for example, witnesses have led to several landmark yet controversial prosecutions of journalists for contempt of court. This chapter examines these practices from a human rights law perspective, as part of the recognized exceptions to the principle of public trials. In doing so, it reviews the law and jurisprudence of international and hybrid tribunals, including the International Criminal Tribunal for the former Yugoslavia (ICTY), the Special Tribunal for Lebanon (STL), and the International Criminal Court (ICC). In addition, it surveys contempt of court, offences against the administration of justice, and the law on reporting restrictions in a number of common law and civil law domestic jurisdictions. It concludes that the right to freedom of the press in the context of international criminal trials is not absolute, and that limits ordered by international tribunals, despite the polemics they may cause, are actually fully in line with both human rights law and domestic legal trends.
The Legacy of Youth Outreach at the International Criminal Tribunal for the Former Yugoslavia
Authors: Plevin Adrian
Published: July 2020

As the years since the conflict occurred continue to pass and a generation not born into conflict comes of age, youth outreach in the region of the former Yugoslavia became an area worthy of focused attention. Outreach proved increasingly important for maintaining the relationship between the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the region of the former Yugoslavia in the final years of the ICTY’s mandate. Also of particular importance is the need to consider the future strategies for youth outreach in the region. This chapter examines the development of youth outreach programming. It explores its significance and examines possible initiatives for future youth outreach as a tool for supporting wider peace-building initiatives; with the hope that the youth will be the future custodians of the ICTY’s legacy.
When Justice is Done
Authors: Wijk Joris van , Holá Barbora
Published: July 2020

Until 2017 the International Criminal Tribunal for the former Yugoslavia (ICTY) has acquitted eighteen and convicted eighty-two individuals, of whom the vast majority have been given determinate sentences. It was the first tribunal to experiment with establishing sentencing agreements with States in order to enforce these sentences and to develop and adopt early release procedures. This chapter presents an overview of the post-trial dilemmas that the ICTY and enforcement States have faced. Special attention is given to the phase of designating an enforcement State, prison of international prisoners, factors that justify their (early) release, and what happens to the individuals after their release or following their acquittal. The data presented are based on an analysis of case law, academic literature, and interviews with stakeholders at the ICTY, enforcement States as well as in the former Yugoslavia. The findings are contrasted with post-conviction practices at other international tribunals, assessing ICTY’s legacy when it comes to post-conviction issues.
Cooperation between Serbia and the ICTY for the Investigation and Prosecution of Violations of International Humanitarian Law
Authors: Dawson Tatjana , Hellman Ljiljana
Published: July 2020

Tatjana Dawson and Ljiljana Hellman examine the cooperation between the Republic of Serbia and the International Criminal Tribunal for the former Yugoslavia (ICTY) by Serbian authorities. The chapter discusses the Completion Strategy of the ICTY and how this triggered cooperation in many areas. These areas included cooperation for the reform of Serbian national law, the transfer of cases indicted or investigated by the ICTY, mutual legal assistance in the region of the former Yugoslavia, capacity building projects, and access to confidential ICTY records. The chapter provides an overview of cases of International Humanitarian Law (IHL) violations that Serbia has prosecuted to date. It highlights some of the obstacles that Serbian legal professionals face when bringing these war crimes cases to trial.
The (Lack of) Impact of the ICTY on the Public Memory of the War in Bosnia and Herzegovina
Authors: Trbovc Jovana Mihajlović
Published: July 2020

This chapter tackles relations between facts established at the Tribunal and acknowledgement of these in the public domain of post-war Bosnia and Herzegovina (BiH), where three ethnically defined and mutually contesting interpretations dominate the public forum. Examining how this problem unfolds, this chapter follows the development of the public memory about the war. It intersects with the relevant International Criminal Tribunal for the former Yugoslavia (ICTY) jurisprudence, aiming to detect potential changes in the dominant narrative. It analyses public debates whether the war was a product of Serbian aggression or a civil war within Bosnia; whether ‘ethnic cleansing’ was pre-planned by the Serbian side or an inevitable consequence of the war (examined through the Prijedor case); whether genocide was the overall aim of the Serbian side or whether it took place only in Srebrenica; and whether the Croatian side was a defender of, or aggressor in BiH (examined through the Ahmići case).
The Values of International Human Rights Law
Authors: Raible Lea
Published: July 2020

This chapter addresses two crucial issues extraterritoriality presents—particularly when socioeconomic rights are taken into account. In order to identify extraterritorial human rights obligations we need to know why states are the primary duty bearers of international human rights law and which state owes international legal human rights obligations to which individuals. That is, we need to allocate the burdens that go along with human rights obligations and we need to justify this allocation. To do this, this chapter considers the Hohfeldian structure of rights, analyses accounts of justifying human rights, and argues that an interpretivist account of international human rights law as a normative context is the best way forward.
Jurisdiction and Justification
Authors: Raible Lea
Published: July 2020

This chapter argues, first, that existing accounts of jurisdiction are concerned precisely with capturing this necessary relationship between state and individual for a human rights obligation to be identified. It asks, second, what the desiderata for an account of jurisdiction are. I argue that the criteria are plausible guidance, a connection to an account of the nature of human rights, the ability to justify the allocation of obligations to a specific duty bearer, and non-arbitrariness in the sense of internal consistency. Third, the chapter analyses three sophisticated and influential accounts of jurisdiction. I ask, fourth, whether these accounts meet the desiderata and argue that they do not. The chapter concludes that there is a need to develop an account of jurisdiction that meets the success criteria.
A Concept of Power as the Basis of Jurisdiction
Authors: Raible Lea
Published: July 2020

This chapter takes up the first, conceptual step to develop a successful theory of jurisdiction. Based on how jurisdiction is described in views analysed in Chapter 3, but also in the literature on extraterritorial obligations in the area of economic and social rights, it shows that jurisdiction is often described by reference to a concept of power. I also show that it is common for courts and commentators to use terms such as power, control, or influence interchangeably. Following on from these insights, the main argument of the chapter is that the concept of power is rightly placed at the core of jurisdiction. However, this is only true for a clearly defined concept of power best understood as an ability. Based on this understanding, I show that power should be distinguished from influence, (use of) force, and control, respectively. These distinctions allow us to capture the difference between power, its exercise, the means through which it is manifested, and the outcome of the exercise of a given power.
Title to Territory and JurisdictionThree and a Half Models
Authors: Raible Lea
Published: July 2020

The very term ‘extraterritoriality’ implies that territory is significant. So far, however, my argument focuses on jurisdiction rather than territory. This chapter adds clarifications in this area. It examines the relationship of jurisdiction in international human rights law, whether understood as political power or not, and title to territory in international law. To this end, I start by looking at what international law has to say about jurisdiction as understood in international human rights law, and territory, respectively. The conclusion of the survey is that the two concepts serve different normative purposes, are underpinned by different values, and that they are thus not the same. Accordingly, an account of their relationship should be approached with conceptual care.