bluuebunny/crossref_metadata_2025 huggingface dataset:
The effect of stable thermal stratification on shear flow stability
Authors: Biau Damien , Bottaro Alessandro
Published: November 2004

We study the effect of buoyancy on shear flow stability. The vertical body force is induced by a vertical, constant, and positive thermal gradient. A linear stability analysis is carried out, in the spatial framework, focusing on both exponential and transient growth. In both cases, positive thermal stratification is found to stabilize the disturbances.
The physics of evaporative and convective instabilities in bilayer systems: Linear theory
Authors: Ozen O. , Narayanan R.
Published: November 2004

Linear stability analysis is used to describe the effects of vapor fluid dynamics on the interfacial instability that occurs during evaporation. Evaporation is considered in a liquid layer underlying its own vapor, and both fluid layers are assumed to be of finite depth. The physics are initially described without Marangoni and gravitational effects. Later, these effects are sequentially added to the problem. It is concluded that the vapor flow stabilizes while the liquid flow destabilizes the evaporation problem when heated from the liquid side. These conclusions are supported by calculations.
Position sensitive detection coupled to high-resolution time-of-flight mass spectrometry: Imaging for molecular beam deflection experiments
Authors: Abd El Rahim M. , Antoine R. , Arnaud L. , Barbaire M. , Broyer M. , Clavier Ch. , Compagnon I. , Dugourd Ph. , Maurelli J. , Rayane D.
Published: November 2004

We have developed and tested a high-resolution time-of-flight mass spectrometer coupled to a position sensitive detector for molecular beam deflection experiments. The major achievement of this new spectrometer is to provide a three-dimensional imaging (X and Y positions and time-of-flight) of the ion packet on the detector, with a high acquisition rate and a high resolution on both the mass and the position. The calibration of the experimental setup and its application to molecular beam deflection experiments are discussed.
High-pressure, high-temperature x-ray absorption fine structure transmission cell for the study of aqueous ions with low absorption-edge energies
Authors: Fulton John L. , Chen Yongsheng , Heald Steve M. , Balasubramanian Mahalingam
Published: November 2004

We describe a method to acquire x-ray absorption fine structure (XAFS) spectra of low-Z atoms dissolved in high-pressure liquids and supercritical fluids. The method is applicable to energies at and below the Ca K edge (4038.5 eV). The cell design incorporates 25-μm-thick×700 μm diameter diamond x-ray windows in a Poulter-type seal geometry. X-ray focusing mirrors were used to reduce both the horizontal and vertical beam size to about 200 μm so that the incident beam would pass cleanly through the 300 μm aperture of the cell. Pathlengths in the range from 50 to 1000 μm can be selected with appropriate spacers. The maximum operating conditions of the flow-through cell design are 500 °C and 1 kbar. We show that only a relatively small number of XAFS scans are required to generate high signal-to-noise ratio spectra for a supercritical water solution (400 °C) containing 1 m CaCl2 using a bending-magnet beamline (20-BM, PNC-CAT, Advanced Photon Source, Argonne National Laboratory).
Generation of a doughnut-shaped beam using a spiral phase plate
Authors: Watanabe Takeshi , Fujii Masaaki , Watanabe Yoshi , Toyama Nobuhito , Iketaki Yoshinori
Published: November 2004

To generate a doughnut-shaped beam, i.e., the first order of a Bessel beam, a spiral phase plate with 8 divided etching areas is fabricated with an etching accuracy of better than 6 nm. The etching depth of each area is designed so that the phase distribution of the laser beam passing through has a phase difference of π at a symmetric position with respect to the optical axis. Using a laser beam with a wavefront aberration of 1/10λ, the phase distribution of the beam passing through the plate is measured by a Shack Hartman wavefront sensor. It has been found that the beam has a spiral phase change of 2π along the optical axis. The focused beam has a circular doughnut pattern, as predicted by a theoretical calculation, and we succeeded to generate the ideal first-order of a Bessel beam.
Recruitment of IκBα to the
hes1
promoter is associated with transcriptional repression
Authors: Aguilera Cristina , Hoya-Arias Ruben , Haegeman Guy , Espinosa Lluís , Bigas Anna
Published: November 2004

The NF-κB pathway plays a pivotal role in proliferation, differentiation, apoptosis, and immune responses in mammals. The NF-κB inhibitor, IκB, has classically been characterized for its ability to sequester NF-κB transcription factors in the cytoplasm. Nevertheless, a nuclear fraction of IκBα has consistently been detected and associated with repression of nuclear NF-κB. Now we show that IκBα physically associates with different repression elements such as nuclear corepressors and histone acetyltransferases and deacetylases (HDACs). More remarkably, chromatin immunoprecipitation experiments demonstrate that IκBα is recruited to the promoter regions of the Notch-target gene,
hes1
, together with HDAC1 and -5, whereas we did not detect IκBα associated with classical NF-κB target genes such as IL6 and RANTES. TNF-α treatment results in a temporary release of IκBα from the hes1 promoter that correlates with increased histone acetylation and transcriptional activation. In addition, we demonstrate that both IκB kinase-α and -β are simultaneously recruited to the hes1 promoter in response to TNF-α, coinciding with a maximum of IκBα release and gene activation. Moreover, TNF-α-dependent histone H3 acetylation, release of IκBα from the hes1 promoter, and hes1 mRNA synthesis are affected in IKK-α
–/–
mouse embryonic fibroblasts. We propose that IκBα plays a previously undescribed role in regulating the recruitment of repression elements to specific promoters. Recruitment of IKKs to the nucleus in response to TNF-α may induce chromatin-associated IκBα release and gene activation. These findings provide additional insight in the cross-talk between NF-κB and other signaling pathways.
Dynamic histone modifications mark sex chromosome inactivation and reactivation during mammalian spermatogenesis
Authors: Khalil Ahmad M. , Boyar Fatih Z. , Driscoll Daniel J.
Published: November 2004

Based on the formation of the XY body at pachytene and expression studies of a few X-linked genes, the X and Y chromosomes seem to undergo transcriptional inactivation during mammalian spermatogenesis. However, the extent and the mechanism of X and Y inactivation are not known. Here, we show that both the X and Y chromosomes undergo sequential changes in their histone modifications beginning at the pachytene stage of meiosis. These changes usually are associated with transcriptional inactivation in somatic cells, and they coincide with the exclusion of the phosphorylated (active) form of RNA polymerase II from the XY body. Both sex chromosomes undergo extensive deacetylation at histones H3 and H4 and (di)methylation of lysine (K)9 on histone H3; however, there are no changes in H3–K4 methylation. These changes persist even when the XY body disappears in late pachytene, and the X and Y chromosomes segregate from one another after the first meiotic division. By the spermatid stage, histone modifications of the X and Y chromosomes revert to those of active chromatin and RNA polymerase II reengages with both chromosomes. Our observations indicate that X and Y inactivation is extensive and persists even when the X and Y chromosomes are separated in secondary spermatocytes. These findings provide insights into epigenetic programming and chromatin dynamics in the male germ line.
The influence of large-scale wind power on global climate
Authors: Keith David W. , DeCarolis Joseph F. , Denkenberger David C. , Lenschow Donald H. , Malyshev Sergey L. , Pacala Stephen , Rasch Philip J.
Published: November 2004

Large-scale use of wind power can alter local and global climate by extracting kinetic energy and altering turbulent transport in the atmospheric boundary layer. We report climate-model simulations that address the possible climatic impacts of wind power at regional to global scales by using two general circulation models and several parameterizations of the interaction of wind turbines with the boundary layer. We find that very large amounts of wind power can produce nonnegligible climatic change at continental scales. Although large-scale effects are observed, wind power has a negligible effect on global-mean surface temperature, and it would deliver enormous global benefits by reducing emissions of CO
2
and air pollutants. Our results may enable a comparison between the climate impacts due to wind power and the reduction in climatic impacts achieved by the substitution of wind for fossil fuels.
Perceptions of eastern frontier policy in Ammianus, Libanius, and Julian (337–363)
Authors: Seager Robin
Published: November 2004

It is the purpose of this paper to examine how Ammianus, Libanius, and Julian conceived of Roman policy on the eastern frontier from the death of Constantine to failure of Julian′s invasion of Persia. Any consideration of the actual facts is secondary. The predominant conclusion will be that all three saw Rome′s as essentially defensive, her objective as the containment of persistent aggression. This will be seen to hold good even for Julian′s invasion., when they are offered by the sources, are presented in terms of, whether national or that of individuals: Constantius, Julian, Jovian, and. It will become apparent, and is sometimes implied, that these attitudes derive the peace imposed by Rome in 299, with which Rome could well rest content, Persia clearly could not.
Proba's introduction to her Cento
Authors: Green R. P. H.
Published: November 2004

The cento of Proba has recently enjoyed a remarkable upsurge of scholarly interest. A welcome translation was provided in 1981, and an article of five years later, scrutinizing the evidence for its date and authorship, has aroused much controversy. In two recent contributions vindicating the traditional date new or more precise suggestions have been made about the poem's historical context. In between these, yet another article has argued, without confirming or refuting the revised dating and attribution, that in various ways the work reflects the interest of the aristocratic ladies of the Anician family. And now there is a second article by Danuta Shanzer, repeating many of her early points (not always with greater clarity) and adding some interesting new ones. All this sudden attention is not unmerited, for as Herzog observed long ago the work is not of the comic or trivializing kind that Ausonius envisaged in his comments on the genre and does not degrade Vergil but rather, at least in the often quoted words of its prefatory poem, ‘improves’ him.
A note on Juvenal, Satires 10.147
Authors: Morwood James
Published: November 2004

These famous words are generally taken to refer to the weighing of the dead Carthaginian's ashes, and I have no quarrel with that. However, I should like to bring i into the debate the commonly used Roman steelyard balance, the statera. This J bronze balance has an eccentric fulcrum. The scale pan is suspended from the shorter arm and the counterweight hangs from a loop which is free to move along a r graduated scale on the longer arm of the fulcrum.
Pisistratus’ leadership in A. P. 13.4 and the establishment of the tyranny of 561/60 b.c.
Authors: Goušchin Valerij
Published: November 2004

It is well known from the sources that three Athenian factions were organized after Solon's reforms. Herodotus writes as follows:

In the course of time there was a feud between the Athenians of the coast under Megacles son of Alcmeon and the Athenians of the plain under Lycurgus son of Aristolaides. Pisistratus then, having an eye to the sovereign power, raised up a third faction. He collected partisans and pretended to champion the hillmen (συλλέξαՏ δ­ σταƣώταՏ ĸαì τѽ λóγω τѽν ύπεραĸρíων προστάЅ). (Her. 1.59, trans. A.D. Godley [Loeb])
Proclus’ division of the mathematical proposition into parts: how and why was it formulated?
Authors: Netz Reviel
Published: November 2004

There are a number of ways in which Greek mathematics can be seen to be radically original. First, at the level of mathematical contents: many objects and results were first discovered by Greek mathematicians (e.g. the theory of conic sections). Second, Greek mathematics was original at the level of logical form: it is arguable that no form of mathematics was ever axiomatic independently of the influence of Greek mathematics. Finally, third, Greek mathematics was original at the level of form, of presentation: Greek mathematics is written in its own specific, original style. This style may vary from author to author, as well as within the works of a single author, but it is still always recognizable as the Greek mathematical style. This style is characterized (to mention a few outstanding features) by (i) the use of the lettered diagram, (ii) a specific technical terminology, and (iii) a system of short phrases (‘formulae’). I believe this third aspect of the originality—the style—was responsible, indirectly, for the two other aspects of the originality. The style was a tool, with which Greek mathematicians were able to produce results of a given kind (the first aspect of the originality), and to produce them in a special, compelling way (the second aspect of the originality). This tool, I claim, emerged organically, and reflected the communication-situation in which Greek mathematics was conducted. For all this I have argued elsewhere.
TheoriaandDarśan:pilgrimage and vision in Greece and India
Authors: Rutherford Ian
Published: November 2004

THEORIAIN GREEK RELIGION

What was the Greek for pilgrim? If there is no simple answer, the explanation is the great diversity of ancient pilgrimages and pilgrimage-related phenomena. People went to sanctuaries for all sorts of reasons: consulting oracles, attending festivals, making sacrifices, watching the Panhellenic games, or seeking a cure for illness; there were variations in the participants (individuals or state-delegations, small groups or large), and variations in the length of distance traversed to get to the sanctuary; finally, changes occurred in the shape of pilgrimage over time: pilgrimage is not the same in the Hellenistic period as it is in the classical period, and pilgrimage in the Roman world is different again.

If we limit our scope to state-pilgrimage and to the classical period, we find a special vocabulary for pilgrimage in the wordθεωρόςand its derivativesθεωρέω, θεωρία, andθεωρίς2.θεωρίαis the normal term for state-pilgrimage, as we see in the famous introduction to Plato'sPhaedo(58b) describing the Athenian pilgrimage to Delos. The corresponding term for a pilgrim isθεωρός, found first in Theognis(Eleg776), and frequently in the fifth century. The verbθεωρέωcan mean ‘go on a pilgrimage to’, as in Thucydides' account of Ionian pilgrimage to the Delian festival (3.101).θεωρίςis the normal Attic term for a sacred ship used to convey sacred delegates to and from a sanctuary. One area where this family of words is never used is that of pilgrimage to healing sanctuaries; if we find any word used there, it isἱκέτης, in later texts sometimes the neutralσνμϕοιτητής.
P. OXY. 2078, Vat.gr. 2228, and Vergil's Choaron
Authors: Clark Raymond J.
Published: November 2004

I shall argue the likelihood that Vergil took Aeacus’ speech as his model for Charon's, as part of Aeneas’ newly created journey through Vergil's expanded topography of Hades.

The four Greek verses just quoted, addressed by Aeacus to Heracles, and Heracles’ reply in twelve, were first published separately by Rabe, and then inserted by Page as verses 16–19 and 20–31 between surviving frs. 1 and 2 of P.Oxy. 2078, to be ascribed in all likelihood to the lost Pirithous of Euripides, rather than to the slightly later Critias.
How the Shroud for Laertes became the robe of Odysseus
Authors: Whallon William
Published: November 2004

This paper builds an argument against R. D. Dawe, who believes that one of the most famous of all stories is inauthentic and badly told. In his notes on ‘When she showed the robe, after weaving the great web, washing it so that it looked like the sun or moon, then it was that an evil spirit brought Odysseus from somewhere’, Dawe remarks that the web story ‘hardly belongs’ in the Odyssey, and asks: ‘Why “showed”? And to whom? Why the otiose addition of “after weaving the great web”, as if we had not just been talking about that very thing? Answers to these questions will be given in my final paragraph.

To look closely into the epics, and if possible behind them, I will say a word about distinguishing the pre-text from the text. First, oral poets would enlarge and otherwise reshape their material, not always with flawless technique. It may be true but cannot be proven that one such poet, more than any other, created the Iliad, and that the same one, or a different one, more than any other, created the Odyssey.
Catullus 107: a Callimachean reading
Authors: D'angour Armand J.
Published: November 2004

‘Excitement struggles with the restraint of form and language and the artifice of verbal repetition… runs riot.’ The repetition is more pronounced and personal here than in another Lesbia epigram, no. 70, where ‘the repetition dicit…dicit makes it certain that Catullus had [Callimachus, Ep. 25 Pf.] in mind’. Poem 70 illustrates how Catullus might allude to and adapt a Hellenistic model in expressing his personal feelings; while the longer elegiac poems in particular (and 66, the translation of Coma Berenices) show the depth of his engagement with Callimachean literary technique. We should not be surprised to find Callimachean elements here too, given the demonstrable correspondences with poem 68 in particular, a composition noted for its use of Alexandrian artifice. But while there are close echoes of the high emotion, the doctus poeta of 68 seems to be largely missing from 107. Here Catullus exults ipsa refers te / nobis (5–6); there his mistress se nostrum contulit in gremium (132).
The German Council of Municipalities (Deutscher Gemeindetag) and the Coordination of Anti-Jewish Local Politics in the Nazi State
Authors: Gruner Wolf
Published: November 2004

This article examines the role played by municipalities and local governments in the widening persecution of Jews in 1930s Nazi Germany, focusing on municipal initiatives to exclude Jews from public markets, and to expropriate Jewish property and possessions. Municipal discriminatory measures were often coordinated by the German Council of Municipalities, which linked communal administrations to various state ministries. By exploring the interaction between national and locak anti-jewish policies, the article argues that the Couoncil of Municipalities regularly sanctioned measures that went beyond what Berlin itself had authorized, thus pressing forward the steady destruction of German-Jewish life.
Australian Representations of the Holocaust: Jewish Holocaust Museums in Melbourne, Perth, and Sydney, 1984–1996
Authors: Berman Judith
Published: November 2004

Museums in Europe and elsewhere have depicted the events of the Holocaust in different representational and narrative forms. This article observes that Holocaust museums in Australia present neither a humanist narrative, as in the United States Holocaust Memorial Museum, nor a Zionist narrative, as at Yad Vashem. Nor do the museums connect the Holocaust to Australian history or relate it to Australian Cultural or political contents. Museums in Melbourne, Perth, and Sydney were established primarily to educate the broader Australian public In response to the Phenomenon of Holocaust denial. Their founders were motivated more by this task than by any political ends: the issue of addressing rival claims to victimhood was not at the fore.
“Ihr müßt sein, auch wenn ihr nicht mehr seid”: The Jewish Central Museum in Prague and Historical Memory in the Third Reich
Authors: Rupnow Dirk
Published: November 2004

Some scholars have suggested that the Nazis planned not only to exterminate the Jews physically, but to erase them from the very historical record. But the collection and exhibition activities of Jewish scholars working under the direction of the SS in occupied Prague undermine such arguments, the author asserts. The establishment of the Jewish Central Museum—by which preservation and documentation were associated with looting and extermination—implies a different understanding of the nature and role of memory in the Third Reich.
The Development and Implementation of Nazi Denaturalization and Confiscation Policy up to the Eleventh Decree to the Reich Citizenship Law
Authors: Dean Martin
Published: November 2004

Both Nazi racial policy and confiscation of Jewish property motivated the intensification of denaturalization in the late 1930s and early 1940s. Considerable continuity marked the development of denaturalization policy from 1933 to 1941 as existing laws and practices were progressively extended in scope. The initially small group of outspoken critics of the regime who had fled abroad and been targeted by the Gestapo for denaturalization grew steadily to encompass a wide variety of alleged “opponents,” especially Jews. By 1940 the Gestapo's greed moved the Reich Security Main Office (RSHA) to extend denaturalization to all Jewish emigrants who owned significant property in Germany. The Eleventh Decree, promulgated in November 1941, was designed to simplify this enormous bureaucratic task, but it was also intended to legalize the automatic confiscation of property from German Jews “deported East.”
Memory by Way of Anne Frank: Enlightenment and Denial Among West Germans, Circa 1960
Authors: Sackett Robert
Published: November 2004

Beginning in the late 1950s, West Germans made one particular Holocaust victim the focus not only of remembrance and mourning, but of an uneasy discussion of German guilt. Understanding the Holocaust by way of Anne Frank, though practiced the world over, took unique forms in the Federal Republic, where her diary gained unprecedented popularity. Yet some critics feared that excessive attention to the girl's story distracted from larger moral questions and turned her into a figure whose role was to excuse the German nation of its Nazi past. An analysis of Ernst Schnabel's 1958 book, Anne Frank: Spur eines Kindes, and its reception in West Germany provides a glimpse into the tensions and ambiguities that complicated German attempts to “come to terms with the past.”
Guido Landra and the Office of Racial Studies in Fascist Italy
Authors: Gillette Aaron
Published: November 2004

The early history of the Racial Office of the Ministry of Popular Culture offers a window into the politics of official racism under Mussolini. The Office was charged with disseminating racist propaganda throughout Italy, as well as with establishing liaison with corresponding racial propaganda offices of friendly governments. Guido Landra, the first director of the Racial Office, vigorously acted to fulfill his mandate, leading to the creation of a secret Italo-German Committee on Racial Questions. The budding integration of Italian and German racial propaganda was cut short when Mussolini decided, in February 1939, to pursue a racial ideology considerably different from that professed by the German National Socialists.
“Fascist Criminals to the Gallows!”: The Holocaust and Soviet War Crimes Trials, December 1945–February 1946
Authors: Prusin Alexander Victor
Published: November 2004

While the Nuremberg trials are synonymous with the punishment of war criminals, until recently little was known about the Soviet Union's own concurrent war crimes tribunals. These proceedings have been under-studied for two reasons: lack of access to Soviet archives, and the fact that the tribunals tended to function as political propaganda vehicles. Yet examination of the court documents yields valuable information about not only Soviet legal practice, but also the genocide of Jews in the German-occupied Soviet territories.
Extermination of the Gypsies in Estonia during World War II- Popular Images and Official Policies
Authors: Weiss-Wendt Anton
Published: November 2004

A discussion of Nazi anti-Gypsy policy in Estonia needs to center on local interpretation and implementation of RSHA and RKO orders. Contradictions between various German instructions, which often discriminated among sedentary and itinerating Gypsies, created a state of confusion that increased chances for survival. Since in Estonia Sonderkommando 1a of the German Security Police exercised oversight rather than itself carrying out atrocities, the destruction of the Gypsy community in Estonia proceeded at a pace slower than elsewhere in Eastern Europe. Interested in exploiting slave labor, the German Security Police in Estonia did not consider liquidation of the Gypsies a priority. Acculturated to traditional anti-Gypsy prejudices and burdened by their own wartime travails, the majority of Estonians remained indifferent when Estonian police deported Gypsies.
Synthesis in Trial Procedures? The Experience of International Criminal Tribunals
Authors: Findlay Mark
Published: November 2004

Critical to analysing the recent synthesis of criminal trial procedures is an understanding of the internationalisation of criminal law and procedure.1As well as the creation of international tribunals2to investigate and try crimes of world significance, there is emerging an international jurisprudence on criminal law (and procedural hybrids to support and develop this) which require integrated analysis.3
Minority Language Rights in International Law
Authors: Dunbar Robert
Published: November 2004

The provision of legislative or other legal protection for linguistic minorities is widespread in domestic legal systems.1In international law, and in international human rights law in particular, the question of minority language rights has until recently received much less attention. The entry into force on 1 March 1998 of the Council of Europe'sEuropean Charter for Regional or Minority Languages(the “Minority Languages Charter”), the first international instrument directed solely at the question of language, suggests that the situation may be changing.
The 1999 Eritrea–Yemen Maritime Delimitation Award And The Development of International Law
Authors: Antunes Nuno Sérgio Marques
Published: November 2004

The Award onMaritime Delimitationconcerning the second stage of theEritrea/Yemencase (hereinafter “Award” or “Second Award”) was delivered on 17 December 1999, pursuant to the Arbitration Agreement signed in October 1996 and following the Award onTerritorial Sovereigntyrendered on 9 October 1998 (hereinafter “First Award”). The two-stage settlement devised in Article 2 of the arbitralcompromisbears a perceptive logic—territorial sovereignty issues precede maritime delimitation—the advantages of which makes it likely to be adopted in future similar dispute settlements. Importantly,in casu, the objective of re-establishing a peaceful relationship between the two peoples and contributing to the maintenance of international peace and security in a sensitive region of the world seems to have been attained.1
II. Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda): Provisional Measures
Authors: Evans Malcolm D. , Kritsiotis Dino
Published: November 2004

It might be thought an unusual or peculiar feature of international relations that, on occasion, States engaged in an armed conflict decide to appeal to international law and institutions for the provision of immediate judicial remedies.2Yet, within the short space of 14 months, the International Court of Justice has twice found itself on the receiving end of such requests: in the first of these cases, the Federal Republic of Yugoslavia (FRY) filed an application on 29 April 1999 against 10 Member States of NATO for using armed force against the FRY in March 1999. At the same time, the FRY made a request for provisional measures, in which it asked the Court to indicate that the States involved “cease immediately [their] acts of use of force” and “refrain from any act of threat or use of force” against the FRY.3In June 1999 the Court dismissed this request.4
Declarations, Statements and ‘Disguised Reservations’ with Respect to the Convention on the Law of the Sea
Authors: Nelson L. D. M.
Published: November 2004

The question of reservations was one of the ‘controversial issues’ facing the Third United Nations Conference on the Law of the Sea in drawing up the final clauses of the Convention. On the one hand it was argued that the integrity of the Convention must be safeguarded and that the ‘package deal’ must be protected from possible disintegration by the making of reservations. On the other hand the view was held that ‘allowance for the possibility of reservations is aimed at accommodating the views of the delegations who have maintained that they cannot become parties to the Convention unless the Convention permits them to exercise a right to enter reservations, in accordance with customary international law and as envisaged under the Vienna Convention on the Law of Treaties.’ In short the need to preserve the integrity of the Convention was pitted against the need to secure universal participation in the Convention.
Nationality and the Unrecognised State
Authors: Grossman Andrew
Published: November 2004

Section 4 of the [Immigration Ordinance 1971] effectively exiles the Ilois from the territory where they are belongers and forbids their return. But the ‘peace, order, and good government’ of any territory means nothing, surely, save by reference to the territory's population. They are to begoverned, not removed. … These people are subjects of the Crown, in right of their British nationality as belongers in the Chagos Archipelago. As Chitty said in 1820, the Queen has an interest in all her subjects, who rightly look to the Crown—today, to the rule of law which is given in the Queen's name—for the security of their homeland within the Queen's dominions. But in this case they have been excluded from it. It has been done for high political reasons: good reasons, certainly, dictated by pressing considerations of military security. But they are not reasons which may reasonably be said to touch the peace, order and good government of [the British Indian Ocean Territory].1
How Cautious is Precautious?: Antarctic Tourism and the Precautionary Principle
Authors: Scott Shirley V.
Published: November 2004

Literature on the Antarctic Treaty System (ATS), particularly that written by citizens of States that are Consultative Parties to the Antarctic Treaty, has often been celebratory in character. The ATS, we have been told, is a model of international co-operation. The regime has prided itself on addressing issues ahead of crisis situations; and, since the conclusion, and subsequent entry into force, of the Environmental Protocol, with its protection of the Antarctic environment. This acclaim of the system that manages Antarctic affairs may be to a large extent warranted. Antarctica has remained peaceful and its value as a scientific laboratory has in recent years been enhanced through the contribution of Antarctic science to understanding environmental issues of global concern. But the environmental credentials of the Treaty System will be immeasurably weakened if it continues to display such a huge anomaly between its treatment of mining and that of tourism. Tourism is covered by only a very weak application of the precautionary principle while the application of the precautionary principle to the issue of mining has been ‘extreme’. The principal factor behind this anomaly appears to be political opportunism.
Human Rights and Displacement: The Indian Supreme Court Decision on Sardar Sarovar in International Perspective
Authors: Culletf Philippe
Published: November 2004

The human and environmental consequences of big development projects such as large dams have been a focus of increasing attention in many countries. Large-scale involuntary resettlement caused by such projects has become particularly contentious in a number of situations. In India where many large dams have been and are being built, the Sardar Sarovar dam on the Narmada river has been at the centre of a storm for over a decade. The latest development in the history of this project is the judgment given by the Supreme Court of India on 18 October 2000 adjudicating a public interest litigation petition filed by the Narmada Bachao Andolan (NBA—Save the Narmada Movement). This decision is of great significance not only for the project itself but also from a broader perspective.
International Organisations and Immunity from Jurisdiction: to Restrict or to Bypass
Authors: Gaillard Emmanuel , Pingel-Lenuzza Isabelle
Published: November 2004

The development of international organisations and the increasing significance of their role in a wide range of fields, has put at issue the adequacy of the rules governing their operation, with regard to the needs of modern justice. In particular, the question of the scope of the immunity from jurisdiction of international organisations is the subject of some debate, as the multiplication of disputes involving international organisations has led courts to address this topic with increasing frequency.1
Forum Non-ConveniensDiscretion in Third Party Proceedings
Authors: Takahashi Koji
Published: November 2004

Third party procedure has the merits of saving time and expenses and of preventing inconsistent decisions through eliminating the duplication of proceedings. Because of these procedural merits, third party proceedings (called ‘Part 20 proceedings’1in the Civil Procedure Rules 1998 (CPR)) are often instituted to bring a claim for contribution. In English law, contribution claims are allowed under the Civil Liability (Contribution) Act 1978 (hereafter the 1978 Act) between wrongdoers such as tortfeasors and defaulters in contracts. Not all legal systems allow contribution claims in such wide circumstances. A third party claim form (called a ‘Part 20 claim form’ in the CPR) may be served out of the jurisdiction under the CPR Rule 6.20(3 A),2which provides for a special base of jurisdiction for third party proceedings in the case where the third party is a ‘necessary or proper party’ to the claim against the Part 20 claimant. The service is, however, subject to the permission of the court which will not be given unless England is judged to be clearly the most appropriate forum under theforum conveniensdiscretion.
The Tension Between Party Autonomy and European Union Law: Some Observations onIngmar GB Ltd V Eaton Leonard Technologies Inc
Authors: Verhagen H L E
Published: November 2004

Party autonomy is the basic principle for international contracts. By making a ‘choice of law’, the parties to a contract can agree amongst themselves which law is to regulate their contractual relationship. In international transactions, the law of the parties' choice replaces the law that would otherwise have governed the contract, including the mandatory rules (ius cogens) of the latter law. Article 3 of the 1980 Convention on the Law Applicable to Contractual Obligations (hereafter: the ‘Rome Convention’) fully recognises this principle of party autonomy. Under Article 3 the parties are free to choose whichever law they deem appropriate to govern their contractual relationship. It is not even necessary for the transaction to display some connection with the chosen law.
Getting to Grips with Torture
Authors: Evans Malcolm D
Published: November 2004

In October 2000 an informal working group of the United Nations Commission on Human Rights met to discuss the latest drafts of an Optional Protocol to the 1984 United Nations Convention against Torture. The Working Group itself met for its 9th session in February 2001 and its 10th session was held in January 2002.2The primary purpose of this Optional Protocol is to create a new international mechanism that will have a preventive role and which would operate by conducting visits to states and to places of detention within states and, in the light of such visits, enter into a ‘dialogue’ with the state concerned in order to help them ensure that torture does not occur. The origins of this initiative lie in a proposal formally tabled in the early 1980s during the negotiations that led up to the adoption of the UNCAT itself but at that time it was clear that so radical a move as the establishment of an international body with an automatic right of entry into any place of detention would be unacceptable within the broader international community.3However, the idea was taken up on a regional level within Europe and in 1987 the Council of Europe adopted the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment which established the European Committee of the same name (known as the CPT), very much by way of an example to the rest of the world, or so it was thought.4
Is the Jurisdiction of England and Wales Correctly Applying the 1980 Hague Convention on the Civil Aspects of International Child Abduction?
Authors: Armstrong Sarah
Published: November 2004

The jurisdiction of England and Wales is vastly experienced in application of the Hague Convention on the Civil Aspects of International Child Abduction1(the Convention). The UK2was the fifth3Contracting State to the Convention, which now boasts 70 State Parties,4and England and Wales consistently handles a significant proportion of annual Convention applications. In terms of applications, which were processed by Central Authorities, England and Wales was the second busiest Convention jurisdiction in 1999.5The USA handled 466 applications, England and Wales 329, and Germany 210. Indeed the Central Authority for England and Wales handled more applications than any other, the USA having split incoming and outgoing applications between two separate bodies.6
Sentencing and the Gravity of the Offence in International Criminal Law
Authors: Carcano Andrea
Published: November 2004

An issue has recently arisen in international criminal law concerning the gravity of the offences listed in the Statutes of the International Tribunals: Should offences be ranked according to their seriousness and, hence, as entailing heavier or lighter punishment? Should the same act when charged as a crime against humanity or genocide be punished more severely than when charged as a war crime?
‘Forum Shopping’ Despite international uniform Contract law Conventions
Authors: Ferrari Franco
Published: November 2004

One of the asserted advantages and goals of the unification of substantive law lies in the prevention of ‘forum shopping’,1ie the lawyer's act of seeking the forum that is most beneficial to his client's interest.2This has been pointed out not only in discussions on unification of law in general,3but also in discussions on specific international uniform contract law conventions, such as the United Nations Convention on Contracts for the International Sale of Goods4(hereinafter CISG),5the Geneva Convention on the Contract for the International Carriage of Goods by Road6(hereinafter CMR)7and the UNIDROIT Convention on International Factoring8(hereinafter IFC).9
Islamic Law as Customary Law: The Changing Perspective in Nigeria
Authors: Oba AA
Published: November 2004

Pluralism is a main feature of Nigeria as a country. There is ethnic pluralism.1 The pre-colonial Nigeria comprised of over 250 nation states embracing over 500 ethnic and linguistic groups.2 These ethnic groups spread across the three main geographical units in the country, namely, the north, the west, and the east. The north was dominated by the Hausa-Fulani and the Kanuri peoples, the west by the Yoruba speaking tribes, and the east by the Igbos.
Multi-State Advertising Over the Internet and the Private International Law of Unfair Competition
Authors: Thünken Alexander
Published: November 2004

The characteristics of market places do not nowadays correspond to the characteristics of national territories of states. Goods and services are marketed throughout the world without respecting national barriers. This is why advertising activities are designed to reach many customers in many countries. The Internet has forced this development in the last 15 years. It has been transformed from a means of communication among research scientists into a means of mass communication, an indispensable part of many peoples every-day lives.
The Prevention of Abusive Cross-Border Re-Litigation
Authors: Barnett Peter
Published: November 2004

The title for this paper poses a deceptively simple question, and it is this: How do we utilise an earlier obtained judgment from country X to prevent abusive re-litigation in country Y? To this question the answer might appear obvious: one reaches for the doctrine ofres judicata, that arcane yet fundamental body of law which provides that an earlier judgment is conclusive in a second suit involving the same subject-matter and same legal bases. However, while the doctrine ofres judicatais well understood in the domestic setting, it is not entirely obvious how the doctrine applies toforeignjudgments to prevent abusive re-litigation before the English courts. Nor is it obvious how the various judgment recognition regimes—in particular the regime established by the Brussels Regulation1—pre-ordain the preclusive effects to which a foreign judgment can give rise if relied upon to prevent abusive cross-border re-litigation.
The ICJ, the ECJ, and the Integrity of International Law
Authors: Higgins Rosalyn
Published: November 2004

The European Court of Justice and the International Court of Justice are both courts born of war, established by interstate treaties and having their seats in European cities. The relationship between Luxembourg and Strasbourg has been well explored, and has developed over the years. The major issue today seems to be one of the coherence of human rights protection in Europe—an issue addressed with knowledge, depth, and insight by Kruger and Polakiewicz in the OctoberHuman Rights Law Journal.2
Public Participation in the North American Agreement on Environmental Cooperation
Authors: Fitzmaurice Malgosia
Published: November 2004

The subject of this article is public participation in the NAAEC. It will be analysed against the background of certain other international conventions that make provision, in one way or another, for public participation in relation to environmental protection, in particular, the 1998 Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (the ‘Aarhus Convention’) and the 1974 Convention on the Protection of the Environment between Denmark, Finland and Sweden (the ‘Nordic Convention’). The 1950 European Convention of Human Rights will also be referred to in so far as it secures public participation and from the point of view of its effectiveness in assisting in the enforcement of national environmental law. Reference to these instruments will, however, be limited to that which is relevant to the present essay.
Recognition Of Companies Incorporated In Other EU Member States
Authors: Micheler Eva
Published: November 2004

Few decisions of the European Court of Justice have received as much attention as the 1999 judgement in Centros.1 This decision provided private international lawyers with an opportunity to examine choice of law in relation to companies against the background of European law. It also caused company lawyers to re-examine their national legislation in the light of foreign rules.
Clinical Negligence Reform: Lessons from France?
Authors: Taylor Simon
Published: November 2004

On 4 March 2002, the French legislature enacted the ‘Patients’ Rights & Quality of the Health System Act’ which introduces reforms in the relationship between the medical profession and the patient.1As part of this wider reform, Part IV of the Act establishes a new system for the compensation of victims of medical accidents. The new legislation retains the traditional liability rules but puts in place a parallel system which aims to guarantee compensation for serious accidents, whether or not the accident is caused by negligence, without the need to resort to litigation in these cases. The new French rules are of considerable interest in view of the current debate in the United Kingdom on clinical negligence reform.
TheOgoniCase Before The African Commission on Human and Peoples' Rights
Authors: Coomans Fons
Published: November 2004

In 2001, the African Commission on Human and Peoples' Rights concluded consideration of a communication under Article 55 of the African Charter on Human Rights and Peoples' Rights which dealt with alleged violations of human rights of the Ogoni people in Nigeria.1This communication is important and special, because, for the first time, the Commission was able to deal in a substantive and groundbreaking way with alleged violations of economic, social and cultural rights which formed the substance of the complaint. In addition, in dealing with the communication, the Commission took a firm and dynamic approach that may contribute to a better and more effective protection of economic, social and cultural rights in Africa. This article discusses the case before the Commission and tries to characterize the decision of the Commission as an application of recent approaches to strengthen implementation and supervision of economic, social and cultural rights.
I. Arrest Warrant of 11 April 2000 (Democratic Republic of the Cango v Belgium), Preliminary Objections and Merits, Judgment of 14 February 2002
Authors: Evans Malcom D , Wickremasinghe Chanaka
Published: November 2004

On declining to make an order for provisional measures in the case concerning the Arrest Warrant of 11 April 2000, the International Court of Justice nevertheless indicated that it was desirable that the Court should deal with the issues raised by the case ‘as soon as possible’, and that it was appropriate therefore to seek to determine the application ‘with all expedition’.1 In the event, questions of admissibility and the merits were taken together and the Parties agreed to file a single set of written pleadings each, enabling the Court to hold oral hearings in October 2001 and to render a final judgment on 14 February 20022 (ie, only about 16 months after the original application by the Democratic Republic of the Congo (DRC)). Despite the speed with which the Court dealt with the case, its judgment has come in for considerable comment and criticism from a number of quarters3 as much for what is not said, as for what is in fact contained in the rather spare terms of the judgment. It will be suggested here that the ratio decidendi of the case is in fact rather confined, and that caution should be adopted in seeking to draw wider implications from what was said or left unsaid.
Personal Freedom and the Dilemma of Democracies
Authors: Bingham Tom
Published: November 2004

We are indebted to Professor Brian Simpson, in his brilliant work on executive detension in wartime Britain,1for giving greater prominence to a very characteristic and memorable Churchillian utterance:
The Iraq Crisis: What Now?
Authors: Lowe Vaughan
Published: November 2004

Much ink has been spilled over the question of the legality of the invasion of Iraq and of the extraordinary claims to a right to override ‘unreasonable’ uses of veto in the Security Council. That invasion has taken place, and as the United States and the United Kingdom withdrew from the Security Council the draft resoluation that would have expressly authorised that invasion, there was no occasion to override any veto that might have been cast against such a resolution had it been put to the Council. Writing while fighting in Iraq is still processding, it is both too late and too early to consider those questions of legality in great detail: too late to have any practical value; and perhaps too early for the measured appraisal of the situation that will be needed in due course. I want instead to address a slightly different question.