bluuebunny/crossref_metadata_2025 huggingface dataset:
The Echr Implications of the Investigation Provisions of the Draft Competition Regulation
Authors: Riley Alan
Published: November 2004

In September 2000 the European Commission published its long-awaited proposed replacement for Regulation 17, theProposal for a Council Regulation on the Implementation of the Rules on Competition laid down in Articles 81 and 82 of the Treaty(hereafter the draft regulation).1The debate on the draft regulation has focused on the abolition of the notification system, the role of the national courts, and the role of the national competition authorities (hereafter the NCAs). However, there is one significant overlooked issue, namely the extent to which the investigation provisions of the draft regulation comply with the case law of the European Court of Human Rights (hereafter ECtHR).2Given the paucity of the ECtHR's case law in 1961 it is understandable that the implications of the European Convention of Human Rights (hereafter ECHR) for the investigative provisions of what was to become Regulation 17 were not at that time given any great consideration by the European Parliament and the Council of Ministers. However, there is now an extensive human rights case law, developed by the Strasbourg authorities which, it is argued, casts a major shadow over the Commission's existing and proposed investigative powers. It is further argued that the case law of the European Court of Justice (hereafter ECJ) and the Court of First Instance (hereafter CFI) in respect of fundamental rights as general principles of law, does not provide an equivalent standard of protection to that offered by the ECtHR.
Amnesties in the Light of Developments in International Law and the Establishment of the International Criminal Court
Authors: Gavron Jessica
Published: November 2004

Amnesties presuppose a breach of law and provide immunity or protection from punishment. Historically amnesties were invoked in relation to breaches of the laws of war and were reciprocally implemented by opposing sides in an international armed conflict. The impact of the two world wars in the first half of the twentieth century, however, had considerable implications not only for the use of amnesties, but also for their legality under international law. The scale of the First World War precipitated a new phase of unilateral amnesty for the victors and prosecutions of war criminals for the defeated aggressor states.1 This precedent was followed after the Second World War,2 with the establishment of the first ‘international’3 criminal court, the International Military Tribunal at Nuremberg. However, the horrors perpetrated during the Second World War also prompted the development of a branch of international law aimed at recognising and protecting human rights in an attempt to prevent such atrocities being repeated.
Democracy in International Law: A European Perspective
Authors: Wheatley Steven
Published: November 2004

For lawyers in general, and international lawyers in particular, democracy is a neglected concept. Discourse is dominated by the ideas of human rights for individuals and minority or self-determination rights for groups. Those who seek greater protection for vulnerable members of a community argue for the recognition of new rights, or the more effective implementation of existing rights. They do not argue for more democracy. Indeed, given that claims for human and minority rights are not made only against authoritarian governments, but also democratic ones, there must exist an implied assumption that democracy is, by itself, not capable of protecting the interests of vulnerable minorities. Moreover, as the form of government which apparently venerates the will of the majority, democracy might be considered by some as being downright hostile to the interests of individuals and minorities.
On Time and Place in Choice of Law for Property
Authors: Fassberg Celia Wasserstein
Published: November 2004

John takes Mary for a romantic evening walk in Covent Garden and declares that a diamond he owns, which is in a vault in France, is now hers. One month later, without having received the diamond, Mary leaves John for another. Within a year, John has engaged himself to Jane, upon whom he also bestows the diamond. John and Jane spend their honeymoon in Paris and, while they are there, John ‘delivers’ the diamond to Jane. Mary sues Jane in England for conversion and asks that Jane be ordered to return the diamond to her. According to English law, the transfer of title by way of gift depends on delivery.1 Thus, since only Jane took delivery, she has title and Mary's claim will be dismissed. In French law, by contrast, property in a gift passes without delivery.2 As a result, Mary has title to the diamond and Jane is holding it unlawfully. The case turns exclusively on the choice-of-law question, ‘Which law should govern?’
The African Union—A New Dawn for Africa?
Authors: Magliveras Konstantinos D. , Naldi Gino J
Published: November 2004

In March 2001 the Assembly of Heads of State and Government of the Organisation of African Unity (OAU), meeting in extraordinary session in Sirte, Libya declared the establishment of a new pan-African body, the African Union (Union).1The Constitutive Act (Act) of the Union entered into force on 26 May 20012and in due course this new institution will replace the OAU.3The Union, the brainchild of Libyan President Qaddafi, and modeled on the European Union, is the culmination of the OAU's piecemeal process of political cooperation and economic integration. It is designed to provide Africa with the legal and institutional framework to confront the twin challenges of the post-Cold War age and globalisation.
Duties of Investigation Under the European Convention on Human Rights
Authors: Mowbray Alastair
Published: November 2004

In recent times the European Court of Human Rights has been very active in developing a number of duties of investigation, under various substantive Articles of the Convention,1which member States are obliged to comply with. Therefore, this paper seeks to analyse the nature and scope of these important duties, together with the interrelationships between them.2
Eggs, Jurisdiction, and the Internet
Authors: Kohl Uta
Published: November 2004

A long time ago hens did not lay white or brown eggs but eggs in primary colours: red, yellow and blue. Since, depending on the colour of the eggs, their taste and quality varied, the farming industry split into red, yellow and blue industries catering for different markets. Those industries that dealt with the respective eggs became over the years highly competitive. And what was initially no more than a common understanding, namely, that hens laying red eggs belonged to the red industry, while hens laying blue and yellow eggs belonged to the blue and yellow industries, turned over the years into customary egg law, with each industry having its clearly demarcated area of competence. As it happened, due to interbreeding, some hens normally laying, for example, red eggs would very occasionally lay purple eggs or orange eggs. Also on occasion, some hens would stop altogether from laying eggs of a primary colour, but would lay orange, purple, brown or green eggs. These eggs and hens presented a problem, albeit not a severe one, as they remained very much the exception. Hens laying blue eggs were kept apart from hens laying red eggs and from those laying yellow eggs. Nevertheless, solutions to these problematic eggs and hens had to be found.
‘Barava Tru’: Judicial Approaches to the Pleading and Proof of Custom in the South Pacific
Authors: Zorn Jean G. , Care Jennifer Corrin
Published: November 2004

[I]t is the transformation of custom into customary law—into something that State courts will recognize, enforce and require—that disrupts the continuity of the indigenous systems. In pre-colonial times … [the settlement of disputes] … depended … on the mutual processes of negotiation and compromise. There is no need to romanticize these processes…. But the important point in this context is that norms play a very different part in negotiations to that which they play in legal processes. They may be used to stake out negotiating positions as a starting point from which to proceed or as a sounding board as to the correct procedure in the cultural and symbolic sense, but they cannot be cited as rules or conditions that will be imposed.1
Transplanted Company Law: An Ideological and Cultural Analysis of Market-Entey in Vietnam
Authors: Gillespie John
Published: November 2004

Followingdoi moi(renovation) market reforms in 1986, the Vietnamese government urgently required commercial laws capable of regulating the rapidly emerging private sector. Along with contract and property laws, lawmakers considered company law essential for a market-based legal framework. Since reforms could not wait the decades required to distil normative standards from local commercial practices, lawmakers turned to Western laws for inspiration.1
I. Diplomatic Representations and Diplomatic Protection
Authors: Warbrick Colin , McGoldrick Dominic
Published: November 2004

The European Court of Human Rights has decided in the last three years five cases dealing with state or international immunities.1 Although the facts differed, the arguments of the applicants were much the same. They contended that allowing a foreign State or an international organisation to claim immunity in a civil action in proceedings in the defendant State violated the applicants' rights to access to a court for the determination of a civil right.2 The European Court accepted the claims in principle but concluded in each case that the limitation imposed on the right of access was for a legitimate reason (the protection of State or international immunities, a condition for effective co-operation between States or with international organisations) and was proportionate to this aim, because in each case, the grant of immunity was required by international law and that in each case there was the possibility of the applicant using another procedure to try to assert his rights, action in the courts of the foreign State or under the special staff regime of the international organisation.
Developing a ‘Peace and Security’ Approach Towards Minorities' Problems
Authors: Thio Li-ann
Published: November 2004

The centuries old problem of protecting minorities with in multicultural states through international law is a recognised contemporary global issue.2Minority protection schemes constitute an important facet in the arsenal of techniques available to states and international policy-makers in managing the potentially destabilising effects of nationalist aspirations, where manifested in ethnic conflict.3These aspirations range from minimalist claims for personal autonomy to maximalist claims for spatial autonomy, even independent statehood.
Regional Dimensions to European Governance
Authors: Evans Andrew
Published: November 2004

Regionalism denotes social demands in regions for greater autonomy from the central institutions of their state.1Its bottom-up character sharply distinguishes it from traditional ideas of top-down regional policy.2National law may respond to such demands with decentralizing reforms. The reforms may entail federalisation, as in Belgium, or asymmetrical devolution, as in the United Kingdom. The legal significance of the responses may be expected to vary depending on whether legislative or merely administrative powers are allocated to regional institutions and on whether legislative powers allocated are entrenched at regional level or merely delegated to regional institutions.3
Accomplishments and New Directions?
Authors: Warbrick Colin , McGoldrick Dominic , Gray Kevin R.
Published: November 2004

The World Summit on Sustainable Development took place in Johannesburg from 26 August to 4 September 2002. Its intended purpose was to hold a ten-year review of the 1992 UN Conference on Environment and Development (Rio Summit) in order to rein-vigorate the global commitment to sustainable development.1Perhaps attempting to duplicate the products of other international meetings, national governments agreed to negotiate and adopt two documents: theJohannesburg Declaration2and thePlan of Implementation3However, differences emerged over the binding nature of the instruments and if so, the strength of the obligations therein. It appeared that this tension spilled over to all the negotiations. Some countries pushed for concrete timetables, reiterating other goals stipulated in previous international declarations or decisions, while other countries, weary of taking on new commitments that are unlikely to be met, preferred a more soft-law declaratory approach.
The Road From Doha: The Issues for the Development Round of the Wto and the Future of International Trade
Authors: Subedi Surya P
Published: November 2004

After the debacle in Seattle in December 1999, the Fourth Ministerial Conference of WTO members took place successfully under tight security in the capital city, Doha, of the small Arabian state of Qatar in November 2001. The Doha conference did not adopt any new treaty or protocoll to add to the network of WTO agreements already in place. It did, however, approve a ‘broad and balance ’ work programme in the form of two declarations—a main declaration and one on trade related intellectual property rights (TRIPS) and public health, plus a decision on implementation designed to alleviate the difficulties of developing countries in implementing the existing WTO agreements. In other words, the Doha conference agreed on the nature and scope of the next round of trade negttiations, named as the ‘Development Round’. Although some least-developed countries had argued that ‘no new round should be started until there has been full implementation of the agreements concluded in the last Round, and an evaluation of their effects done’, the Doha Conference decided to start a new round of trade negotiations. How development oriented is the agenda of the new round of trade negotiations? What is going to be negotiated during th e negotiations? Is it indeed going to be a ‘Development Round’ in more than name? The object of this article is to analyse the background to the Doha conference, to assess the nature of negotiations at the conference and to evaluate its outcome.
Concurrence between Individual Responsibility and State Responsibility in International Law
Authors: Nollkaemper André
Published: November 2004

This article explores the consequences of the expansion of the domain of individual responsibility for the law of state responsibility. It is induced by a number of recent cases in which state responsibility claims were accompanied by prosecutions of individuals whose acts led to the responsibility of the state. An example is the parallel attribution of (alleged) acts of genocide in the former Yugoslavia between 1991 and 1995 to Yugoslavia and to Slobodan Milosević.
Kuwait Airways Corporation v Iraqi Airways Company
Authors: Carruthers Janeen M , Crawford Elizabeth B
Published: November 2004

Even when a forum has completed the task of identifying, in any given case, thelex causae, there remains a possibility of further choice of law complexities as regards delimitation of the applicable law. The extent of leeway which a Scottish or English forum enjoys when purporting to apply thelex causae, in the question of whether that court should refer to,1and apply, the whole corpus of thelex causae,2is ultimately a matter for the forum's discretion, the exercise whereof admittedly few opportunities are afforded.
V. Cases Before the Court
Authors: Evans Malcom D
Published: November 2004

Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Libyan Arab Jamahiriya v United Kingdom).
I. The Use of Force Against Iraq
Authors: Warbrick Colin , McGoldrick Dominic
Published: November 2004

The answer of the Attorney-General Lord Goldsmith to a question in the House of Lords and a paper produced by the Foreign & Commonwealth Office explaining the United Kingdom's position on the legal basis for the use of force against Iraq are reproduced immediately below (from the ‘Latest News’ section, 18 March 2003, of the Foreign & Commonwealth Office website, www.fco.gov.uk). Contextual documentation and comment will be provided in the next Current Developments: Public International Law section in January 2004.
II. Free Movement Of Goods
Authors: Weatherill Stephen
Published: November 2004

The Commission has spent time in 2003 celebrating the tenth anniversary of the establishment of the internal market. In this context the use of deadlines is misleading. The building of an internal market is more process than event. Many significant pieces of legislation entered into force at the end of 1992, but many pre-dated that moment and others again havebeen agreed subsequently. And the Court's interpretation of relevant provisions of the Treaty was not fossilised at the end 1992, but rather its dynamic evolution continues to exert influence over the process of market-building. The Commissionsperfectly well aware of this. It admits that the Internal Market will never be ‘completed’.1The core mission is to promote and sustain improved economic performance, not to hit crude targets. Nonetheless dissemination of propaganda possessesbase appeal in all political systems and the Commission has taken the trouble to emphasise the gainsthat have accrued from the process of integration, while also devoting attention both to remaining gaps and strategies forplugging them. In making its case the Commission is confronted by the unavoidable absence of reliable data on what would have occurred had the internal market not been pursued in the chosen manner. Sector by sector, it is difficult to demarcateadvantages accruing from the ‘1992’ initiative from those that would have occurred in any event or which are attributable to other factors such as global trade liberalisation. Moreover, the essence of the internal market programme is that benefits will be felt not only in the short term, but also in the long term, and accordingly, in line with Chairman Mao's reported refusal to assess the importance of the French Revolution on the basis that it was too soon to tell, measurement of the impact of the internal market project cannot yet be decisive. However, in its reportThe Internal Market—Ten Years without Frontiers the Commission insistedon demonstrably favourable macroeconomic consequences.2It highlighted price reductions and improved productivity. Its simulation results suggest that real Gross Domestic Product would have been 1.4 per cent lower in 2002 without the internal market programme. The level of employment would have been 0.86 per cent lower. Moreover further gains are expected of the former, though not the latter, type in future.
II. DEFAMATION ON THE INTERNET—NICE DECISION, SHAME ABOUT THE REASONING: DOW JONES & CO INC v GUTNICK
Authors: Kohl Uta
Published: November 2004

The decision by the High Court of Australia in Dow Jones & Co Inc v Gutnick,1 one of the first decisions by a final court of appeal on transnational online defamation, handed down on 10 Dec 2002, deals with the contentious issue of whether and, if so, when online publishers have to comply with the defamation laws of foreign States. The decision has been labelled a ‘dangerous precedent’ and an ‘extraordinary judgment’2 by the British press. But is it indeed either?
The Community Courts Post-Nice: A European Certiorari Revisited
Authors: Heffernan Liz
Published: November 2004

In December 2000 the European heads of government, gathered at Nice, took several important steps in the constitutional development of the European Union. Chief among them are the various provisions in the Treaty of Nice1 disposing of the so-called ‘Amsterdam leftovers’, ie, those issues of institutional reform left unresolved by the Treaty of Amsterdam. The central focus of IGC 2000, and of the publicity surrounding its negotiations, was reform of the political institutions, notably the Commission and the Council, in preparation for enlargement. Reform of the Community courts was a less conspicuous but, ultimately, no less important item on the agenda. In the case of the judicial branch, the new provisions are inspired in large part by the well-publicised need to remedy overburdened dockets and the attendant inefficiencies in the administration of justice in Luxembourg.2
Subsidiary Protection And Primary Rights
Authors: Piotrowicz Ryszard , van Eck Carina
Published: November 2004

On 12 September 2001 the Commission of the European Communities published its Proposal for a Council Directive laying down minimum standards for the qualification and status of third country nationals and stateless persons as refugees, in accordance with the 1951 Convention relating to the status of refugees and the 1967 protocol, or as persons who otherwise need international protection1(Proposal).
The Constitutuional Protection Against discrimination In Botswana
Authors: Fombad Charles Manga
Published: November 2004

At independence in 1966 Botswana, like most former British colonies, adopted a Constitution which included a Bill of Rights. Whilst this tried to reconcile the needs of maintaining public order with that of protecting human rights, it did not entirely remove some of the vestiges of authoritarianism and discrimination that had been associated with the preceding colonial administration. Since independence, the country has had to grapple with many problems caused by constitutionally sanctioned discrimination in many areas of its social, economic, and political life. Despite some half-hearted, improvised and short-term solutions, the problems just would not go away.
Illegal Southern Ocean Fishing And Prompt Release: Balancing Coastal And Flag State Rights And Interests
Authors: Rothwell Donald R , Stephens Tim
Published: November 2004

A feature of the new law of the sea introduced by the 1982 United Nations Convention on the Law of the Sea (LOS Convention),1was the capacity for coastal states to assert vast maritime claims over waters adjacent to their coastlines. A continental shelf could be claimed out to a minimum of 200 nautical miles,2while the newly recognized Exclusive Economic Zone (EEZ) also extended out to 200 nautical miles.3The continental shelf had previously been recognized under the 1958 Geneva Convention on the Continental Shelf4and so the extension of coastal state sovereign rights over the seabed and subsoil was consistent with already existing law of the sea principles. However the EEZ, which gave to coastal states sovereign rights over the living and non-living resources of the sea-bed and adjacent waters,5was a new initiative of the LOS Convention and represents one of the most significant contemporary expansions of state sovereignty. By contrast with the extended continental shelf, which did not affect any significant pre-existing activities on the sea-bed, the new EEZ had a major impact upon fishing activities. As coastal states around the world eagerly proclaimed EEZs, waters previously considered high seas areas available for fishing6were now within the reach of state fisheries’ jurisdiction and control. The result has been that under contemporary international law those waters available for the exercise of the high seas ‘freedom’ of fishing,7have gradually been reduced. This new regime, in combination with parallel initiatives to regulate some aspects of high seas fishing activities, has meant that ‘legal’ fishing on the high seas is now subject to extensive regulation.
Choice Of Law In Contract Under The Rome Convention: The Approach Of The Uk Courts
Authors: Hill Jonathan
Published: November 2004

The core provisions of the Rome Convention on the law applicable to contractual obligations are deceptively simple: a contract is governed by the law chosen by the parties (Article 3(1)); to the extent that the parties have not made a choice, a contract is governed by the law of the country with which it is most closely connected (Article 4(1)). However, within these provisions there are a number of problems. First, Article 3 provides that the parties’ choice may be either express or ‘demonstrated with reasonable certainty from the terms ofthecontract or the circumstances of the case’. This gives rise to potentially difficult questions about what constitutes an express choice and uncertainty as to the dividing line between, on the one hand, cases where the parties have made a choice (albeit not an expressone) and, on the other, cases where the parties have not made a choice at all. Secondly, the general principle in Article 4 is supplemented bya presumption (in paragraph 2), 1 which may, incertain circumstances, be disregarded (under paragraph 5). The operation of the presumption is problematic and the relationship between Article 4(2) and
Article 4(5) controversial.
CURRENT DEVELOPMENTS: I. COMPETITION LAW
Authors: McMahon Joe
Published: November 2004

By any measure the single most important development across the field of Community competition law during the period under review (Spring 2001–Autumn 2003) is the adoption of Regulation 1/2003, by which the Pope abandoned the Vatican for the embrace of the Free Presbyterian Church. Regulation 17 has been the bedrock of the enforcement of the Community rules since 1962.1Fundamental changes to it, first proposed by the Commission in 1999,2were so startling as to be likened to ‘a lifelong devout Catholic suddenly converting him/herself to Protestantism’.3Yet they were adopted by the Council in late 2002, and published early in 2003 as Regulation 1/20034—the Council here, maybe, missing a trick in not waiting a fortnight so as to adopt it as Regulation 17/2003. The new regulation is to apply from 1 May 2004—the date also scheduled for the formal accession of the ten new Member States.
Italy, the Ancient World and the French Musical Inheritance in the Sixteenth Century: Arcadelt and Clereau in the Service of the Guises
Authors: Brooks Jeanice
Published: November 2004

Throughout the sixteenth century France looked towards Italy with an intensity rarely matched before or since. Generations of French kings pursued dreams of conquest on the peninsula; during their Italian campaigns French noblemen and their retinues spent extensive periods south of the Alps, gaining firsthand experience of Italian language and culture. Dynastic marriages linked leading French families with different Italian states: the Retz with the Florentine Gondi, the Nevers with the Mantuan Gonzaga and the Guise with the Este of Ferrara, among many others.
Milhaud's Alissa Manuscripts
Authors: Kelly Barbara L.
Published: November 2004

In 1913 Milhaud set passages of André Gide's La porte étroite as a song-cycle, Alissa. However, he subsequently left the youthful work unpublished, although it was performed by Jane Bathori and Milhaud at the Sorbonne on 11 February 1920. 18 years after its composition he returned to it, and the revised score was published in 1931 as op. 9. It was rare for him to revise earlier works (and, indeed, he seldom made sketches for any compositions). However, he did return to some other works from the same period, the First String Quartet, op. 5 (1912), and the Suite for Piano, op. 8 (1913), simply indicating sections to be cut from the published score of the quartet, and removing a movement from the suite. That Milhaud chose to intervene more extensively in Alissa indicates his attachment to the work and reveals, within the context of one work, the process of compositional growth more generally discernible in his output between these dates.
Librettist versus Composer: The Property Rights to Arne's Henry and Emma and Don Saverio
Authors: Milhous Judith , Hume Robert D.
Published: November 2004

Little attention has ever been paid to a pair of mid-career flops by Thomas Augustine Arne. Henry and Emma died in one night in 1749; Don Saverio struggled through three nights amidst hisses in 1750. Roger Fiske points out in a brief discussion that the latter is of some historical significance: it was a pioneering attempt to mount an English form of opera buffa on the London stage. Ten years later, Arne's Thomas and Sally was to succeed in persuading London audiences to accept such conventions, but in 1750 the time was apparently not yet ripe. These obscure failures have not attracted much critical notice, because while librettos of both survive, only the overture to Henry and Emma and one song from Don Saverio are extant.
Hanslick, Wagner, Chomsky: Mapping the Linguistic Parameters of Music
Authors: Petty Jonathan Christian
Published: November 2004

Eduard Hanslick's The Beautiful in Music (1854) is a classic of musical aesthetics. Its influence has been profound, not least as a polemic against Wagner's Opera and Drama (1851). The polemic was defended by the author in his preface to the seventh edition of 1885, which contains the oft-quoted evaluation of music drama as ‘formlessness exalted into a principle’. The Hanslick/Wagner debate defines an aesthetic and theoretical ground zero around which significant forces have been arrayed. The results have been complex and mixed. While Wagner's music prevailed and his theories were generally dismissed, Hanslick's rejection of music as a medium for expressing feelings articulated an approach brought to fruition by Heinrich Schenker (who unsurprisingly shared Hanslick's negative view of Wagner as well as his polemical tendencies).
The ‘Skeleton in Schoenberg's Musical Closet’: The Chequered Compositional History of Schoenberg's Second Chamber Symphony
Authors: Dale Catherine
Published: November 2004

Reflecting on the composition of his First Chamber Symphony, op. 9, in the essay ‘How One Becomes Lonely’ (1937), Schoenberg wrote:

I had enjoyed so much pleasure during the composing, everything had gone so easily and seemed to be so convincing, that I was sure the audience would react spontaneously to the melodies and to the moods and would find this music to be as beautiful as I felt it to be.
The London Apollonicon Recitals, 1817–32: A Case-Study in Bach, Mozart and Haydn Reception
Authors: Cowgill Rachel
Published: November 2004

In July 1817 Benjamin Flight and Joseph Robson, two of London's most celebrated organ-builders, unveiled their latest concept in organ design — the Apollonicon. This mammoth finger-and-barrel chamber organ, predecessor to the giant orchestrions of the Victorian era, had been five years in the making. And when it opened for performances at the firm's fashionable West End premises, 101 St Martin's Lane, it heralded a new era of evolution for the organ in British concert life.
A. H. Fox Strangways andThe Music of Hindostan: Revisiting Historical Field Recordings
Authors: Clayton Martin
Published: November 2004

The writer of an article is often at a loss as to how to begin.

A. H. Fox Strangways

Of what practical use are historical field recordings? This article is a partial response to that question, one which struck me on many occasions while working with ethnographic wax cylinders at the British Library National Sound Archive (NSA). There are, I believe, at least three possible answers to the question. One is that historical recordings can (and indeed should) be returned to the societies from which they originated, for which they serve as valuable cultural documents — documents both of indigenous cultural practices and of the engagement of scholars and other collectors with those practices (often within a colonial context). Another is that they can be used in studies of musical continuity and change, a possibility exploited most extensively by the ethnomusicologist Nazir Jairazbhoy, who retraced the path of his predecessor and mentor Arnold Bake's Indian field trips, comparing his own findings in 1984 with Bake's in 1938. My third answer is that historical recordings, together with the publications based on them, can contribute to studies of the historical development of ethnomusicological method — of the ways in which music has been recorded, transcribed and analysed. This article pursues this last possibility, taking as an example one of the classical works of early twentieth-century comparative musicology, A. H. Fox Strangways'sThe Music of Hindostan.I consider the author's aims, methods and conclusions, their status in the light of subsequent research, and their significance for music studies today.
The Virgin in the Sun: Music and Image for a Prayer Attributed to Sixtus IV
Authors: Blackburn Bonnie J.
Published: November 2004

‘Salve, regina, mater misericordiae … ad te clamamus … ad te suspiramus’: when this lovely Marian antiphon is sung, whether by one person or many, it is intoned on behalf of all mankind. ‘Ave sanctissima Maria … libera me ab omni malo; ora pro peccato meo’: when this prayer is said, it is the individual who begs the Virgin's intercession, who pleads for her to free him from evil, who asks her to pray for his sins. Prayers in the first person singular, a direct address on the most personal level, I and thou, are usually private. It would seem surprising to find them set to music for several voices, and yet settings begin to appear towards the end of the fifteenth century. What does it mean to sing one of these prayers? For whom do the singers sing: each for himself? each for all the other singers? for the listeners?
Prophets Looking Backwards: German Romantic Historicism and the Representation of Renaissance Music
Authors: Garratt James
Published: November 2004

Crucial to understanding the reception of Renaissance music in nineteenth-century Germany is an appreciation of the contradictory components of Romantic historicism. The tension between subjective and objective historicism is fundamental to the historiographical reception of Renaissance music, epitomizing the interdependency of historical representation and modern reform. Protestant authors seeking to reform church music elevated two distinct repertories — Renaissance Italian music and Lutheran compositions from the Reformation era — as ideal archetypes: these competing paradigms reflect significantly different historiographical and ideological trends. Early romantic commentators, such as Hoffmann and Thibaut, elevated Palestrina as a universal model, constructing a golden age of old Italian church music by analogy with earlier narratives in art history; later historians, such as Winterfeld and Spitta, condemned the subjectivity of earlier reformers, seeking instead to revivify the objective foundations of Protestant church music. Both approaches are united, however, by the use of deterministic modes of narrative emplotment.
The Provenance of the Londonderry Air
Authors: Audley Brian
Published: November 2004

The internationally known Londonderry Air carries the status of a cultural symbol of Ireland. Both its collector and its publisher claimed in 1855 that the music was very old, a belief which has passed into conventional wisdom. In 1934 and 1979 two writers cast doubts on the tune's age and suggested that its collector had more to do with the moulding of the tune than the process of tradition. Subsequently, doubts about the music have prevailed in academic circles but remained unexamined. This article queries the deductions of these writers and explores the musical origins and evolution of the Air. The methodology is historical and musicological. From an examination of collections of Irish traditional music evidence is presented in support of the tune's age and fashioning by tradition. The lost verses of a song known to have been accompanied by the tune in the nineteenth century are revealed as the likely original words to the music.
Franciscan Mission Music in California, c.1770–1830: Chant, Liturgical and Polyphonic Traditions
Authors: Wagstaff Grayson , Stevenson Robert M.
Published: November 2004

The Franciscan mission repertory in California, c.1770–1830, includes numerous collections of chant and polyphonic music. Scholars have assumed some direct connection with music used in Mexico, but this assumption remains difficult to prove on the basis of the surviving Mexican repertory, which is mostly associated with cathedrals. Chant and polyphonic settings from the Liturgy for the Dead in Californian sources are compared with those from Mexico. Mexican cathedral music, even in the 1790s, reveals connections with pre-Tridentine liturgical traditions; but the California repertory is based on different liturgical and chant traditions. This supports William J. Summers's hypothesis that polyphonic works in the California Missions are based on a peripheral tradition associated with the religious orders.
Simon Boyleau and the Church of the ‘Madonna of Miracles’: Educating and Cultivating the Aristocratic Audience in Post-Tridentine Milan
Authors: Getz Christine
Published: November 2004

The cappella musicale at Santa Maria presso San Celso in Milan, also known as the church of the ‘Madonna of Miracles’, was originally charged with the performance of individual plainchant Masses on specified feasts, Vespers as a choir daily in the summer and on those specified feasts, and Compline as a choir during Lent. In 1535, however, its duties were expanded to include a High Mass and a Vespers service on the first Sunday of each month. With Carlo Borromeo's ascension to the seat of archbishop of Milan in 1560, the cappella's Vespers service became central to public worship, and attracted foreign visitors as well as the Milanese aristocracy. As a result, public worship services featuring the cappella were expanded to include a Compline service on Saturday evenings. Simon Boyleau, the first documented maestro di cappella at Santa Maria presso San Celso, was a madrigalist familiar to the Milanese aristocracy. His compositions for Santa Maria presso San Celso reflect not only Borromeo's attempts to shape the Milanese liturgical style according to Tridentine aims, but also Borromeo's desire to spiritualize and theologically educate the Milanese aristocracy. Boyleau's tenure at Santa Maria presso San Celso, which featured the cultivation of sacred and secular audiences alike, defined the activities of the church's composers for the next 50 years.
How Recitatives End and Arias Begin in the Solo Cantatas of Antonio Vivaldi
Authors: Talbot Michael
Published: November 2004

Whereas earlier Italian baroque cantatas usually began arias in the key in which the preceding recitative had ended, there was an increasing tendency after 1700 to create a tonal disjunction between recitative and aria and to utilize for affective purposes the harmonic progression linking the last chord of the former to the first chord of the latter. Vivaldi, who almost invariably placed his arias in a contrasting key, was a leading exponent of this technique and employed a surprisingly large variety of key relationships at the recitative–aria interface. For illustration, the article draws on cantatas by Vinaccesi, Albinoni and Vivaldi.
Ally McBeal's Postmodern Soundtrack
Authors: Brown Julie
Published: November 2004

Television's Ally McBeal revels in soundtrack games, playing as it does with the conventions of several types of musical multimedia while elevating music, especially a particular type of pop music, to the role of central plot and series metaphor–above all in relation to Ally's character. As musically saturated television, Ally McBeal not only provides a window onto music's role in television (and hence a central expression of postmodern culture), it also engages some of pop music's broader social functions dramatically. Drawing on both film and media theory, I examine Ally McBeal's soundtrack from formal and dramatic perspectives. I then go on to situate the features discussed within wider postmodernist discourses and draw out music's contribution to the show's controversial representations of contemporary gender politics.
Mahler, Victim of the ‘New’ Anti-Semitism
Authors: Kravitt Edward F.
Published: November 2004

An abyss separates the research of Mahler from that of social historians on anti-Semitism in fin-de-siècle Austria and Germany. Mahler specialists tend to study the assaults he endured in terms of the centuries-old intolerance. Social historians, however, have pursued a different tack. They trace the liberal thought of the mid-nineteenth century, the legal emancipation of the Jews and its aftermath to the rise of ‘new’ anti-Semitism in the 1870s, centred in Vienna. The reasons why Mahler resigned as director of the Vienna Court Opera involve many more factors and subtleties, even concerning the expression of anti-Semitism. It is on these elements that this article attempts to shed light.
The Case of Compensating Rubato
Authors: Martin Sarah
Published: November 2004

Rubato has for centuries been linked with the idea of compensating tempo modulation. Despite the wealth of references to this idea in writings by famous performers and teachers over the ages, scholars investigating the idea have so far emphatically dismissed the notion as a myth, or at best a rationalization. In this article, I take as a starting-point these performers' writings, and show that it is scholars rather than performers who have reduced the idea of compensation to an abstract principle. Using Debussy's 1913 piano-roll recordings as examples, I show with the aid of empirical timing data and close listening that compensating rubato is far from a myth in the performance practice of the early twentieth century.
Persona and Voice in the Kinks' Songs of the Late 1960s
Authors: Gelbart Matthew
Published: November 2004

During the later 1960s, the Kinks wrote many songs confronting the dominant reception trope of reading the rock star as iconic ‘youth’ who ‘authentically’ presented his or her life on stage. The present article approaches this issue through Edward T. Cone's and other work on voice and persona in music. Several specific Kinks songs from the period are analysed, focusing on the divergence between vocal ‘protagonists’ and other personae or voices appearing in the music, which make it difficult to map the protagonists onto the writer/performer directly. The methods explored have broader implications for analysing rock songs as musical-cultural artefacts.
On an infinite integral arising in the numerical integration of stochastic differential equations
Authors: Stump David M. , Hill James M.
Published: November 2004

We study a stochastic integral that arises during the implementation of the Milstein method for the numerical integration of systems of stochastic differential equations. The distribution of the integral can be written as the inverse Fourier transform of a characteristic function with essential singularities. This leads to a generalized integral that can be expressed as an infinite series involving the derivatives of Meixner polynomials. The generating function of the polynomials in combination with the Mittag–Leffler expansion theorem is used to obtain a novel series representation for the integral and the motivating problem in particular. This new form is rapidly convergent and, therefore, well suited to numerical work.
A Multipurpose LED Light Source for Optics Experiments
Authors: Mak Se-yuen
Published: November 2004

The traditional light source for studying lenses and mirrors is either a bare white light bulb,1 or one encased inside a lamphouse.2, 3 A simple pattern like an arrow, mounted on an optical bench or printed on the window of a lamphouse, serves as the object. Ironically, the image captured on a translucent screen is often the shadow of the pattern with no light falling on it. Although LEDs have been used in commercial display boards for decades, the advantage of using LEDs as a multipurpose light source in the physics laboratory has been overlooked by many physics teachers. In this paper, we remind readers of a few examples of how LEDs can be used to replace the incandescent lamp for geometrical optics, physical optics, and fiber optics experiments.
Recent advances in diabetic nephropathy
Authors: Marshall S M
Published: November 2004

Diabetic nephropathy is the leading cause of end stage renal disease worldwide and is associated with increased cardiovascular risk. The earliest clinical manifestation is of microalbuminuria. Tight blood glucose and blood pressure control reduce the risk of microalbuminuria. Once microalbuminuria is present, the rate of progression to end stage renal disease and of cardiovascular disease can be delayed by aggressive management of blood pressure, glucose, and lipids. Inhibition of the renin-angiotensin system is important to reduce intraglomerular pressure but other classes of antihypertensive agent may also be needed to gain adequate control of systemic blood pressure. Such measures can at least half the rate of progression of nephropathy and cardiovascular disease.
The mycobiota in nonmycorrhizal roots of healthy and declining oaks
Authors: Halmschlager Erhard , Kowalski Tadeusz
Published: November 2004

A detailed survey of the mycobiota in roots of declining and healthy-looking oak trees was conducted at two sites in eastern Austria that clearly differed in humus and soil type and pH. Overall colonization of living and dead oak roots was 97.7% and 98.5%, respectively. Colonization frequency of the cortex was nearly twice that of the central cylinder in living roots. The species assemblage comprised 126 fungal taxa. Species composition varied greatly between sites and less between living and dead roots from the same site. Fungal association on living roots at Nieder weiden was dominated by Cadophora fastigiata Lagerb. & Melin, which occurred in 50% of roots, and Cylindrocarpon destructans (Zinssm.) Scholten. Together with Cryptosporiopsis melanogena Kowalski & Halmschlager and Basidio mycete R157, these two species were also the major components in dead roots. At Patzmannsdorf, the fungal community in living roots was dominated by Cystodendron sp. 1, Cadophora-like R018, and Cryptosporiopsis radicicola Kowalski & Bartnik, whereas in dead roots Xylaria hypoxylon (L. ex Hooker) Grev. was the dominant species. No substantial differences were found between the root mycobiota in healthy and declining trees. Apart from Armillaria ostoyae (Romagnesi Herink and Cylindrocarpon destructans, the majority of isolated species were considered endophytes or saprophytes that are most likely not involved in the dieback of oak roots.Key words: root fungi, Quercus robur, Quercus petraea, endophytes, fungal community, oak decline.
The game of numbers in homeotic flowers ofPhilodendron(Araceae)
Authors: Barabé Denis , Lacroix Christian , Jeune Bernard
Published: November 2004

In Philodendron, pistillate flowers are initiated on the proximal portion of the inflorescence and staminate flowers are initiated on the distal portion. Between the staminate and pistillate flowers, there is a transition zone consisting of sterile male flowers adjacent to the male zone and a row of atypical bisexual flowers between the sterile male zone and the female zone. The portion of the atypical bisexual flower facing the male zone forms stamens, and the portion facing the female zone develops into an incomplete gynoecium with few carpels. The atypical bisexual flowers of Philodendron are believed to be a case of homeosis where carpels are replaced by sterile stamens on the same whorl. In Philodendron melinonii Brongniart ex Regel, Philodendron pedatum (Hooker) Kunth, Philodendron squamiferum Poeppig., and Philodendron solimoesense A.C. Smith, there is a significant quantitative relationship between the number of carpels and the number of staminodes involved in the homeotic transformation in atypical bisexual flowers. On the other hand, such a significant correlation does not exist in Philodendron fragrantissimum (Hooker) Kunth and Philodendron insigne Schott, and Philodendron callosum K. Krause. There is a one to one organ replacement in homeotic flowers in both P. pedatum and P. squamiferum whereas, in P. solimoesense, an average of 2.56 staminodes replace one carpel. The average number of organs developing on an atypical bisexual flower and the number of organs involved in a homeotic transformation appear to be two independent phenomena. The number of carpels in female flowers is correlated with the maximum total number of appendages (carpels and staminodes) that can develop in atypical bisexual flowers.Key words: development, inflorescence, gradient, position, information.