bluuebunny/crossref_metadata_2025 huggingface dataset:
Journey to Equality: The Establishment of the Relationship Between the United States and Republic of Korea Forces in the Vietnam War
Authors: Shim Hosub
Published: December 2022

This article examines the problem of Operational Control (opcon) in the relationship the Republic of Korea Forces in Vietnam (rokfv) built with the U.S. military during the Vietnam War. When the rokfv deployed in Vietnam, they faced the dilemma of pursuing their own interests while maintaining a good relationship with U.S. forces. Therefore, the rokfv refused to fight under the opcon of U.S. forces, even though all rok troops remaining in South Korea were under U.S. opcon. Instead of arguing who would have opcon over the rokfv, the United States and the rok negotiated the establishment of a cooperative relationship. Although their opcon was not perfect at first, the rokfv nevertheless proved their military professionalism and achievements through securing areas and building company bases in their Vietnamese territories, rather than search-and-destroy operations, to achieve pacification. As a result, the rokfv built a parallel command in which the South Vietnamese, Americans, and South Koreans cooperated, which allowed them to carry out a Korean style of war under a more equal relationship with U.S. forces.
The Rivers of America: Colonialism and the History of Naming
Authors: Baumgarter Alice L
Published: December 2022

American rivers retain Native names twice as often as mountain ranges and four times as frequently as basins and summits. If renaming the landscape was, as historians argue, the handmaiden of colonialism, then this pattern has important implications for our understanding of American history. With case studies of four rivers, this article explores why rivers like the Housatonic and the Mississippi retained Native names, while waterways like the Charles and the Columbia did not. The ease of water travel meant that White newcomers explored major American rivers at an early date, when they still depended on Indigenous Americans for their survival. Although Europeans often tried to strike Indigenous names from the map, they could not always remove them from broader usage—and names, of course, were useful only insofar as they served as a common shorthand for particular places. Renaming the landscape, therefore, was as complicated and contingent as conquering it.
The plural suffix of adjectives and nouns in Tigre
Authors: Plotnik Ziv , Migdal Daniela
Published: December 2022

The plural suffix in nouns and adjectives in Tigre has three distinct surface forms: a VC syllable, -at/-am; a CVC syllable, -jat/-jam, and a second CVC syllable, -tat/-tam. In this paper we argue that the suffix has a single underlying form, and it manifests predictably based on the final syllable of the stem. This paper provides an account for this behavior in the framework of Optimality Theory, arguing for an underlying VC representation. Additionally, we show that the different forms of the plural suffix are at least partially motivated. Our analysis reveals a conspiracy to preserve superheavy CVVC syllables when possible, along with an emergence of the unmarked effect regarding syllabification.
Comparative constructions in Syrian Arabic
Authors: Hallman Peter
Published: December 2022

In this article, I describe the internal structure, surface distribution, and scope possibilities for comparative phrases in Syrian Arabic. Comparative phrases may show surface displacement from their scalar associate in this language, subject to certain restrictions. The restrictions on surface displacement match those on scope construal, suggesting that scope construal involves covert displacement. Further, the restrictions on displacement are shown to be at work in ‘Comparative Deletion’, an ellipsis process operative in clausal comparatives. Comparative Deletion is shown to suspend barriers to movement involved in the semantic derivation of clausal comparative constructions, as reported previously for English. However, I show that attempts in the literature to reduce the barrier-suspending effect of Comparative Deletion to ellipsis in general do not extend to Syrian Arabic. Rather, the Arabic facts suggest that the suspension of constraints on movement under Comparative Deletion is unique to comparative constructions.
The IMF COVID-19 Surveillance Monitor
Authors: Ramos Luma , Gallagher Kevin P.
Published: December 2022

Promoting stability is a core component of the International Monetary Fund (IMF) surveillance’s mandate. The Covid-19 pandemic hit almost every country worldwide. This article evaluates whether and how the IMF surveillance documents in the aftermath of the health and economic crisis have identified risks and mitigation measures to improve health outcomes, protect vulnerable people and firms, and address climate change. Through the IMF COVID-19 Surveillance Monitor, a textual analysis index, the authors found that these issues received relatively little attention in Article IV consultations in 2019, with fiscal issues dominating the discussion. However, the consultations conducted in 2020 show some timely incremental shifts and more attention toward health systems and protecting vulnerable matters. While climate change has become a key part of senior IMF official narratives, it has not had a significant presence in surveillance activities. The techniques and indices developed here can help the IMF improve its surveillance policy.
Mutual Accountability in Fragile States
Authors: Kim Bo Kyung
Published: December 2022

The study reported in this article aimed to find the extent to which the mutual accountability mechanism is applicable in fragile states where state capacity and legitimacy are insufficient. Donors provide foreign aid to fragile states even when there is no firm-standing counterpart to be held accountable. This is done to meet short-term development needs that are heavily focused on humanitarian relief. Based on an examination of the discursive evolution of fragility and donors’ categorization of fragile states based on the capacity-legitimacy configuration, this found that development needs in fragile states can be met through mutual accountability relations with partnership platforms. Represented by the g7+, partnership platforms channel the development needs in a collective form and enable their Member States to gain a certain level of legitimacy. Individual approaches to these countries may be challenging, but seeking strategic responses to development needs through such partnership platforms can create new opportunities for development effectiveness.
Blinded by Delight?
Authors: Wunderlich Carmen
Published: December 2022

International Relations (ir) norm studies have long been stuck to a narrow understanding of the concept of norm entrepreneurship, limiting it to actors from the Global North and their efforts to spread western norms. Building on recent studies that focus on non-western or ‘authoritarian’ norm entrepreneurs, this paper highlights the limitations of academic discourse itself, which seems to be wedded to a particular notion of what ‘ideational commitment’ means and from whom it must emanate. Such a prefabricated understanding risks lauding some forms of norm entrepreneurship as ‘genuine’, while dismissing other cases as strategically motivated. Instead, the paper argues for ‘de-moralising’ the concept. Decoupling it from normative biases does not only reveal the full repertoire of norm entrepreneurial action (from cooperative to confrontational). It also shifts attention to contestation as modus vivendi of norm entrepreneurship, and to the political nature of norm dynamics.
Norm Entrepreneurship with Chinese Characteristics? Constructing a ‘Green bri’
Authors: Höra Etienne
Published: December 2022

Although illiberal normative projects have become increasingly prominent internationally, ir norms research has, for a long time, focused mainly on liberal norm entrepreneurs. Through the study of the environmental norms promoted by China’s Belt and Road Initiative (bri), the so-called ‘green bri’, this contribution seeks to add to the empirical horizon of norm entrepreneurship. Drawing on insights from area studies and authoritarian regime studies, I argue that based on its domestic political system, China engages in a specific pattern of norm promotion. By shedding light on the development of ‘Green bri’ norms, I argue that these efforts are shaped by China’s internal political practice in two ways: They are informed by ‘slogan politics’, vague formulations issued by high-level figures that are filled with life and interpreted subsequently, and they highlight the agency of the Chinese state while allowing large degrees of flexibility for state-owned enterprises and their economic interests.
Between Israel and Iran: Middle-East Attitudes to the Role of International Law in the Cyber-Sphere
Authors: Mimran Tal
Published: December 2022

This Chapter explores the policies outlined by Israel and Iran concerning the application of international law to cyberspace, in a quest to understand if there is some form of a Middle-Eastern approach to the topic. The Chapter demonstrates how Iran and Israel intertwine their security and military interests with their legal perspectives. The Chapter reveals that Israeli policy reflects its self-perception as a technologically advanced State that is part of the dominant camp, composed mostly of Western States. As for Iran, its position is affected from its experience with sanctions, which creates a sense of unfairness, leading Iran to push for promotion of new international law instruments that will regulate this new and constantly developing field, unlike Israel which prefers application of existing international laws to cyberspace.

The Chapter also suggests, more generally, that clearer international law rules could settle questions such as the required standard of proof for attribution, or the procedure through which a State can make a claim of attribution. They could also incentivise States to cooperate in international efforts, encourage them to accept restraint in cross-border cyber operations, and to exercise prudence in their own territory. It can also serve as an important chilling factor. States that have outlined their legal position, such as Israel and Iran, have taken a first step – but this is not enough. As such, declarations by States should be a leverage in this direction rather than a move in a different one.
La Commission africaine des droits de l’homme et des peuples et la mise en oeuvre du droit à la santé
Authors: Kamgaing Pythagore Nono
Published: December 2022

La Commission africaine des droits de l’homme et des peuples est mécanisme régional composé d’experts indépendants qui surveillent la mise en oeuvre de la Charte africaine des droits de l’homme et des peuples. L’objectif de la présente étude est d’évaluer la contribution de la Commission africaine des droits de l’homme et des peuples à la mise en oeuvre du droit à la santé en Afrique. L’examen a porté sur les trois principales activités par lesquelles la Commission s’acquitte de cette tâche à savoir: l’examen de rapports périodiques des États parties, l’examen de plaintes émanant de particuliers, l’élaboration de normes et de standards issus de l’interprétation des dispositions conventionnelles. L’affaire Purohit et Moore c. Gambie porte sur les soins de santé en général et de santé mentale en particulier. Le sujet est plus que jamais d’actualité, surtout en cette période de crise sanitaire globale. La décision reconnaît implicitement que le droit à la santé figurant à l’article 16 de la Charte ne se limite pas au droit aux soins de santé. Elle consacre ainsi le principe de l’indivisibilité des droits de l’homme. Cette décision contient une part d’ombre sur laquelle l’étude s’est également appesantie. Les activités de la Commission dans le domaine sont plus que jamais pertinents et beaucoup doit cependant encore être fait en termes de suivi de la mise en oeuvre des recommandations qui en sont issues.
Le droit à la sante des personnes handicapées: quelle place dans le système africain des droits de l’homme?
Authors: Zaouaq Karim
Published: December 2022

Consacré par le Protocole à la Charte africaine des droits de l’homme et des peuples relatif aux droits des personnes handicapées et reconnu implicitement dans les autres instruments africains de protection des droits de l’homme, le droit à la santé des personnes handicapées dont la jouissance est intimement liée aux autres droits humains, n’a été que limitativement ancré dans la pratique des institutions africaines de protection des droits de l’homme. Ainsi, si les réalisations de la Commission africaine des droits de l’homme et des peuples et de ses mécanismes spéciaux sont axées plus sur la promotion que la protection, la Cour africaine des droits de l’homme et des peuples n’a été d’aucun apport jusqu’aujourd’hui, tandis que les efforts entrepris par le Comité africain d’experts sur les droits et le bien-être de l’enfant ont timidement porté sur la promotion du droit à la santé des enfants handicapés à travers ses recommandations et observations sur les rapports d’États.
Les organisations régionales africaines de la propriété intellectuelle et l’accès aux médicaments dans des situations de pandémie
Authors: Gnintedem Patrick Juvet Lowé
Published: December 2022

Souvent frappée par des crises sanitaires, l’Afrique est constamment confrontée aux difficultés d’accès aux médicaments résultant de la protection des droits de propriété intellectuelle (DPI). L’avènement de la pandémie de Covid-19 rappelle des débats devenus vifs ces trois dernières décennies, relativement au sort à réserver aux DPI couvrant les médicaments nécessaires à la prise en charge des populations. À cet effet, les organisations régionales africaines de propriété intellectuelle, dans le cadre de l’Union africaine, mais surtout de l’Organisation régionale africaine de la propriété intellectuelle (ARIPO) et de l’Organisation africaine de la propriété intellectuelle (OAPI) disposent de règles pertinentes destinées à régir l’utilisation des DPI. Entre incitation à la recherche innovante tout en ménageant des flexibilités qui atténuent la rigueur des DPI, et crainte de restreindre l’accès aux résultats de la recherche, le droit généré par ces organisations régionales fournit-il des réponses appropriées pour l’accès aux médicaments? Tantôt encouragé par les DPI existants, tantôt perturbé en raison d’enjeux spécifiques comme la question de la protection des médicaments traditionnels, l’accès aux médicaments est une préoccupation centrale pour les Organisations régionales africaines désireuses de jouer leur partition dans la recherche de l’équilibre entre droits privatifs des titulaires de DPI et intérêt général associé à l’accès aux médicaments.
Between Intangibility and Uti Possidetis: The Debate on Title to Territory in Africa
Authors: Ahmed Dirdeiry M.
Published: December 2022

This article argues that even as the ICJ missed the opportunity availed in Burkina Faso v. Niger to re-examine its ruling in the Frontier Dispute that applied uti possidetis juris to the African continent, the separate opinion of Judge Yusuf puts in focus the current debate on the title to territory in Africa. The engaging issues of this vibrant debate include (i) equating uti possidetis juris with the African rule of intangibility of inherited frontiers, (ii) how the African state acquired title to territory, (iii) whether uti possidetis is indispensable as a mechanism for ascertaining boundaries, (iv) the methodology and advantage of differentiating between frontier and territory claims in Africa, (v) the relationship between title and effectivités, and (vi) the continuum juris between international law and colonial law. The article argues that while those issues are intractable under the assumption of equating uti possidetis and the African principle, they could be efficiently addressed when the rule of intangibility of inherited frontiers is applied as a distinct African customary law doctrine. In addition, the article examines Burkina Faso v. Niger as a case study for applying the rule of intangibility of inherited frontiers.
La protection africaine des droits de l’homme à l’épreuve des retraits de la déclaration faite conformément à l’article 34 (6) du protocole créant la Cour ADHP
Authors: Niyonkuru Aimé Parfait
Published: December 2022

En l’espace de cinq ans, sur un total de douze États ayant fait, à ce jour, la déclaration facultative reconnaissant la compétence de la Cour africaine des droits de l’homme et des peuples à recevoir des requêtes introduites par des individus ou des ONG, quatre l’ont retirée. Cet article analyse l’impact de ces retraits sur l’accès des particuliers à la Cour et s’interroge sur l’impact que ces retraits peuvent avoir sur l’examen, par la Cour, de la recevabilité des requêtes introduites par les individus ou les ONG, sur l’octroi des mesures provisoires, voire des réparations.
La peine de mort dans le système africain de protection des droits de l’homme et des peuples: positions de la Commission et de la Cour africaines
Authors: Dabiré Samson Mwin Sôg Mé
Published: December 2022

La peine de mort reste une réalité en Afrique malgré la tendance actuelle globalement abolitionniste. Elle n’est pas expressément règlementée dans la Charte africaine ; la Charte des droits et du bien-être de l’enfant et le Protocole de Maputo sur les droits des femmes interdisent qu’elle soit requise contre des enfants et que les femmes enceintes, allaitantes ou mères de nourrissons soient exécutées. Au plan onusien, le Pacte international relatif aux droits civils et politiques règlemente la peine capitale et le deuxième Protocole au Pacte l’interdit. Se pose la question de savoir quel est le régime juridique qui régit la peine capitale dans le droit africain des droits de l’homme. Le présent article y répond par un examen de la jurisprudence pertinente de la Commission et de la Cour africaines des droits de l’homme et des peuples. Il fait le constat qu’admettant toutes les deux la peine de mort comme une exception au droit à la vie, la Cour et la Commission africaines enserrent cependant cette peine dans une règlementation prétorienne assez stricte, au point que la peine capitale se trouve réduite comme peau de chagrin.
Recognition of Peremptory Human Rights Norms: A Dialogue to Be Revived between International and Regional Jurisdictions
Authors: Maia Catherine
Published: December 2022

From the analysis of the jurisprudence of the International Court of Justice and the European, Inter-American, and African regional human rights Courts under the prism of the consecration of the notion of jus cogens, a deficient dialogue between the judges emerges. A cautious and totally self-contained consecration by the international judge contrasts with a heterogeneous and tendentially self-contained consecration by the regional judges.
The Rejection of Interest-Based Loans among Muslim Entrepreneurs and Professionals in Finland
Authors: Martikainen Tuomas , Brekke Torkel
Published: December 2022

This article discusses religiously motivated financial behaviour among young Muslims in Finland. The aim of the article is to provide empirical knowledge of Islam-based views on rejecting interest-based loans and the implications of this among Finnish Muslims. The research questions are: What are the reasons and motivations for rejecting interest-based bank loans? Are there alternative modes of financing? What are the impacts of rejection on personal investments, including in business and housing? Data were obtained from 18 Finnish Muslim entrepreneurs and professionals who reject interest-based bank loans. The data show that their rejection led to the scope for financial arrangements being more limited, and may also have significant implications for their children, the next generation. To circumvent these consequences, those interviewed used some or all of four alternative models for funding: savings; interest-free loans from family and friends; credit circles; and the time-bound, interest-free repayment period on credit cards.
Synergies and Approaches to Climate Change in International Investment Agreements
Authors: Gehring Markus , Tokas Marios
Published: December 2022

International investment agreements have always been in the center of critique with regards to the incompatibility of international economic law with climate change policies. The overly simplistic bilateral investment treaties have been gradually being replaced by more textually complex agreements that include specific provisions or chapters on sustainable development and climate change. The European Union has been very active in this process. The present article seeks to provide an overview of the recent treaty practice of the European Union and its present negotiations of future treaties. There it will examine particular approaches in treaty-making practice, i.e. investment protection as enshrined in the fair and equitable treatment standard, and investment liberalization as provided, among others, by the recent EU–UK Trade and Cooperation Agreement. Lastly, it examines how investment liberalization and regulation approaches to investment agreements synergize with climate change policies.
The European Union Proposal for the Modernisation of the Energy Charter Treaty – A Model for Climate-Friendly Investment Treaties?
Authors: Tropper Johannes , Wagner Kilian
Published: December 2022

The Energy Charter Treaty (ECT), which provides for an investment protection regime in the energy sector, has been undergoing a modernisation process. The European Union (EU) submitted a proposal with a focus on aligning the ECT with the Paris Agreement. This article explores whether the EU proposal, which is largely reflected in the agreement in principle on the modernisation of the ECT, constitutes a model for a climate-friendly investment treaty. It analyses the aspired phase-out of protection for fossil fuels, the right to regulate, fair and equitable treatment and the sustainable development chapter together with its State-to-State dispute settlement mechanism. Given the phase-out of fossil fuel protection, the article argues that the proposal is too restrictive for climate-friendly investors. At the same time, its provisions on the right to regulate and sustainable development are not innovative enough for a climate-friendly investment treaty, although its State-to-State dispute settlement mechanism holds potential for inter-State climate litigation.
Investors as Environmental Guardians? On Climate Change Policy Objectives and Compliance with Investment Agreements
Authors: Farnelli Gian Maria
Published: December 2022

This article studies the relevance of environmental obligations, in particular those related to climate change, in assessing breaches of investment agreements to show that investors may foster compliance with climate change policy objectives through investment arbitration. The article is organized in four parts, following an introductory section. First, preliminary issues stemming from the submission of environmental claims and arguments in investment arbitration will be addressed. This point is addressed with regard to jurisdiction and applicable law. Second, the study focuses on how the environmental arguments may be used by claimants in investment arbitration. It is shown that they may be relevant both under a factual and an interpretative perspective. Third, evidentiary differences relating to the use of environmental arguments in investment arbitration is examined. Lastly, concluding remarks are made as to the potential benefits for investors in raising climate change-related arguments in investment arbitration.
In Need of a Paradigm Shift: Reimagining Eco Oro v Colombia in Light of New Treaty Language
Authors: Létourneau Tremblay Laura
Published: December 2022

States are somehow stuck in a tension between going further and faster with legislation targeting environmental protection, as well as climate adaptation and mitigation, but also ensuring that they fully meet their legal obligations under international investment agreements (IIAs). This tension prompts the question whether reformed IIAs can address this challenge and secure the necessary policy space for States’ environmental and climate change related regulations. This question is explored by rewriting the Eco Oro v Colombia majority decision in the specific context of the minimum standard of treatment (MST) using a reformed treaty as a legal basis. Such a ‘rewriting’ exercise aims at envisaging the full potential of reformed treaty language for more balanced outcomes. Overall, clarifications to MST may assist States in reasserting a certain degree of control over the interpretation of their treaties. But more than piecemeal change is certainly needed to achieve a deeper paradigm shift in the international investment system.
Moving from the Brown Economy to the Green Economy: The Battle over International Intellectual Property
Authors: Ma Ji
Published: December 2022

The article analyses potential intellectual-property-related disputes amid transfer of technology in the green economy within the international investment legal regime. Intellectual property rights (IPRs) protect human innovation and intellectual efforts. Tech transfer, IPRs in particular, has an important role to play in the move towards the green economy. In reality, it is the ‘private-sector-driven’ approach – foreign investment, licensing, and export – that plays the dominant role in tech transfer. Previously, private investors had brought disputes over intellectual property (IP) in the international investment legal regime. Towards the green economy, this article argues that tech transfer in the green economy can still meet more complicated challenges in the international investment legal regime due to the nature of IPRs, the sources of green tech, and the characteristics of the climate crisis.
Cashing-In on the Energy Transition?
Authors: Fermeglia Matteo
Published: December 2022

Damages assessment in investor-State dispute settlement (ISDS) entail major financial, behavioural, and political consequences upon host States. In fact, damages unreflecting the actual value of investments in energy assets can over-induce investments on the investors’ side and curtail host States’ regulatory space against the unfolding climate change crisis. This contribution investigates the practice of ISDS tribunals on damages assessment in cases dealing with the rollback of support schemes for renewable energy infrastructures brought against Italy and Spain. It acknowledges a narrow, yet consistent approach to quantum, which foregoes elements of balancing and equity in applying the general standard of full reparation enshrined under public international law. Hence a change of paradigm is advocated, whereby ISDS tribunals engage deeply with both the inherent elements of renewable energy investments as well as the ongoing regulatory constraints posed by the dire need to adopt more stringent climate policies domestically.
Towards a new comparison of the pre-Proto-Tocharian and pre-Proto-Samoyed vowel systems
Authors: Warries Abel Radu
Published: December 2022

During their migration from the Eastern European steppes to the Tarim Basin, the ancestors of the Tocharians must have come into contact with speakers of different languages, which may have influenced the early Tocharian language. Early Uralic has been identified as possibly having been the source of such influence, especially in the domain of phonology and nominal morphology. In a 2019 article, Michaël Peyrot focused specifically on pre-Proto-Samoyed influence on Tocharian, proposing among other things a comparison of the vowel systems. I will discuss this comparison and give an alternative interpretation. Three difficulties remained with Peyrot’s comparison regarding details of 1) the relative chronology of Tocharian sound changes, 2) the mechanism of change, and 3) the relative chronology of sound changes in Samoyed. After addressing these problems in more detail, I conclude that a different vowel comparison is possible, so that the hypothesis that pre-Proto-Tocharians were in contact with pre-Proto-Samoyed substrate is still plausible.
Psychometric Validation of the German Adaptation of the Temporal Metacognition Scale
Authors: Witowska Joanna , Stolarski Maciej , Wittmann Marc
Published: December 2022

Temporal metacognition (TMC) is defined as the ability to consciously self-regulate cognitive focus on the past, the present, and the future by utilizing metacognitive skills, emotions, knowledge, and experience. TMC stems conceptually from the idea of a balanced time perspective — the ability to switch between time horizons — and it builds upon the major theories of metacognition. We validated the German version of the Temporal Metacognition Scale (TMCS) translated from the Polish original with n = 226 native German speakers. Confirmatory Factor Analysis supported the three-factor model obtained in the original Polish version with the following subscales: Metacognitive Temporal Control, Cognitive Reconstruction of the Past, and Goal-Oriented Metatemporal Interconnectedness. All three scales yielded acceptable internal consistency. Their correlations with the subscales of the Zimbardo Time Perspective Inventory, Deviation from the Balanced Time Perspective, and other conceptually related psychological constructs, such as personality traits, well-being, experiencing emotions, and other features of metacognition, provide evidence for the validity of the German version of the TMCS.
Modalities of Fictionality in the Arabic Tradition: Kalīla wa-Dimna’s Readers from the Third/Ninth to the Sixth/Twelfth Century
Authors: Stephan Johannes
Published: December 2022

This study interrogates the concept of fictionality in the premodern Arabic tradition through probing into different readings of Ibn al-Muqaffaʿ’s Book of Kalīla and Dimna. Instead of presupposing the applicability of the modern concept of fictionality, I suggest to use the concept as a hermeneutic category that can encompass different perspectives on what exactly is fictional in a text. After identifying the challenges of defining fictionality in the pre-modern Arabic textual tradition, I shall look into some of the readers of Ibn al-Muqaffaʿ’s translation between the third/ninth and sixth/twelfth centuries to unpack different modalities. Some readers such as Ibn Qutayba in his ʿUyūn al-akhbār (Essential Accounts) and Ibn ʿAbd Rabbih in his al-ʿIqd al-farīd (The Unique Necklace) foreground the ethical function of parables and gnomic sayings and ignore the fact that most of Kalīla wa-Dimna’s stories contain animal characters. Others such as al-Yamanī in his Muḍāhāt amthāl kitāb Kalīla wa-Dimna (The Analogues of Kalīla wa-Dimna’s Parables) and al-Bīrūnī in his Geography of India tackle the ontology of fictionality from the perspective of reliability versus unreliability associated to Ibn al-Muqaffaʿ’s claim over the authenticity of his transmission of “the Indian book.” Finally, focusing on Ibn Sīnā’s and Ibn Rushd’s Commentaries to Aristotle’s Poetics, I show how Kalīla wa-Dimna as a prime example of parables (amthāl) and invented stories belongs to rhetorical discourse and has to be distinguished from poetic discourse which generates images (takhyīl). By opposing the two types of discourse — poetry and stories from Kalīla wa-Dimna — in terms of both their ontological status and their functionality, they portray, I argue, a different taxonomy of fictionality. Although all these various readers might agree that Kalīla wa-Dimna contains fictive content, the different interpretations defy a classification of Kalīla wa-Dimna within the modern dichotomy of fictional versus factual narrative but allow us to uncover different ontological and pragmatic modalities of fictionality in the premodern past.
Identifying Students at Risk in Learning Science: Diagnostic Assessment in Physical Science for Primary and Lower Secondary School Grades
Authors: Kang Nam-Hwa , Yoon Hyunju
Published: December 2022

In light of the achievement gap that widened during the pandemic, this study aimed to develop a diagnostic assessment for teachers to identify students at risk of underachievement. Based on the national curriculum and assessment criteria as a framework, attributes composing achievement criteria were identified and micro-level learning progressions were established about three core ideas in physical science. Through iterative reviews, 116 items were developed and administered, resulting in 355 responses from primary and lower secondary school students. Student responses to most of the items were consistent with the levels of assessment criteria, showing a micro-level learning progression. A few inconsistencies provided insight into modifying learning progressions to align with students’ thinking patterns. They also showed learning challenges that require extra support for student learning. Implications for teacher professional development and further research topics are suggested.
Pedagogical and Epistemological Challenges of Pre-Service Science Teachers Teaching Socioscientific Issues
Authors: Lee Hyunju
Published: December 2022

To effectively address socioscientific issues (SSI), science teachers need to obtain a certain level of pedagogical content knowledge for SSI teaching (SSI-PCK). In this study, therefore, pre-service science teachers (PSTs) were provided an SSI teacher education program (SSI-TEP) based on the SSI-PCK framework and their development and challenges were carefully examined. Fifteen PSTs participated in the SSI-TEP over 15 weeks and had opportunities to design and implement an SSI lesson in a group. Data were collected through SSI lesson plans, fieldnotes, and group interviews. The results showed that the PSTs highly valued their SSI-TEP experience but noted several pedagogical and epistemological challenges. They were concerned about how to meet both the national science curriculum and students’ needs and how to reveal the nature of science and technology through the selected SSI scenarios. Additionally, they felt the need to obtain skills to facilitate and scaffold students’ participation. The challenges were often intertwined with SSI-PCK components.
Coping with Challenges and Uncertainty in Scientific Research
Authors: Park Eunju , Ha Minsu
Published: December 2022

To effectively employ inquiry-based learning to enhance students’ inquiry practices and encourage them to think and act like scientists, science teachers must have a deeper understanding of the factors that influence scientific research and attitudes about scientist practice. This research contains the experience of two postdoctoral researchers in epigenetics as graduate students in a newly established epigenetics laboratory. Two in-depth interviews, two preliminary questionnaires, a record of laboratory visits, and a supervisor interview were analyzed for this qualitative research. Even though the two postdoctoral researchers have encountered various obstacles, such as a lack of resources, scientific uncertainty, and unestablished personal identity, they are effectively maturing as scientists as a result of their capacity to overcome these obstacles. This study may provide science educators and students with a better understanding of the challenges they will experience in their scientific work and strategies for overcoming those challenges.
Introduction
Authors: Cucu Sorin Radu , Shen Shuang
Published: December 2022

This introduction examines the two main questions explored in the special issue: What does the Cold War’s interweaving of international politics and global war disclose about contemporary world literature discourse? What does world literature (as idea, program, and, more importantly, as reality of writing and reading beyond the framework of the nation-state) tell us about the Cold War and its discursive reliance on rhetorical ambiguity? We depart from the major approaches to literature’s relationship with the Cold War that focuses on how the latter is represented by literature or how literature responds to the Cold War. We also do not simplistically consider the Cold War as only naming an epoch in world history, or world literature as the totality of literary works and circulation networks spurred by a partly frozen global conflict at the heart of the twentieth century.
World Literature as Palimpsest
Authors: Cucu Sorin Radu
Published: December 2022

Has the Cold War, anchored in both the US-USSR rivalry and the rising power of China, impacted the sense and the meaning of literature as art, and our understanding of world literature? If the world literature discourse reveals a cosmopolitan feature to the cultural contestation of great power politics in the Third World and Eastern Europe, does this also mean that the Cold War discloses an irreducible agonism at the heart of world literature? This article suggests we need to answer both questions affirmatively. I approach these questions both historically and heuristically; I begin with a fictional palimpsest, composed by short excerpts from three larger texts by Peter Schneider, Boris Polevoy, and Ismail Kadare. This reading strategy aims to show that both ideological and geopolitical concerns are relevant in theorizing world literature through the lens of Cold War literature.
Marsden’s Malay Manuscripts: Reassessing a Colonial Collection
Authors: Hijjas Mulaika
Published: December 2022

This article investigates European collecting of Malay manuscripts during the colonial era to address two inter-related questions: was this collecting instrumental in destroying the Malay manuscript tradition, and are colonial collections accurate representations of Malay manuscript culture? It makes the case that while European intervention was certainly destructive, in fact the majority of Malay-language literary texts survive only in colonial-era collections. It also considers whether colonial collections, precisely because they are high in Malay literary texts and low in Arabic religious texts (known as kitab), are unrepresentative of Malay manuscript culture in the nineteenth century and earlier. Taking Marsden’s seminal collection of Malay manuscripts as its case study, the article provides a fuller account of how this collection was assembled, and traces the individuals known to have acquired manuscripts for Marsden. Newly documented manuscript collections that remain in situ in Indonesia and in Malaysian institutions are discussed as a counterpoint.
Intra-EU Application of the Energy Charter Treaty: A Critical Analysis of the CJEU’s Ruling in Republic of Moldova
Authors: Paschalidis Paschalis
Published: December 2022

In its recent judgment in Republic of Moldova (also known as the Komstroy case), the Court of Justice of the European Union (CJEU) took the view that the arbitration clause contained in Article 26(2)(c) of the Energy Charter Treaty (ECT) does not apply to intra-EU investor-State disputes. This article provides a critical analysis of this ruling and highlights the methodological flaws of its reasoning. As part of this analysis, it discusses the implications of the Energy Charter Treaty’s nature as a “mixed agreement” for the scope of application of Article 26(2)(c) and the CJEU’s jurisdiction to interpret the ECT. It also discusses the proper interpretation of Article 26(2)(c) pursuant to the rules on treaty interpretation laid down in the Vienna Convention on the Law of Treaties, including with the help of documents from the ECT’s travaux preparatoires. Finally, the article deals with Republic of Moldova consequences – or rather the lack thereof – for arbitral tribunals and the courts of non-EU countries.
Veolia v Republic of Lithuania: A Case on the Legality of the Suspended Intra-EU Investment Arbitration and the Question of Lis Pendens
Authors: Satkauskas Rytis
Published: December 2022

This article addresses the issue of parallel proceedings in suspended arbitration cases based on intra-EU bilateral investment treaties. The furthering of such disputes was declared illegal by the recent CJEU decision in PL Holdings case. However, not all of them were terminated by the agreement of the parties. The said illegality of such proceedings might prevent Governments of the EU Member States to attend the hearing or implement the award, but this alone cannot force the investor to scrap the claim. The pertinent example of the investment dispute in Veolia Environnement S.A. and Others v. the Republic of Lithuania provides additional argument for the investor to hold onto the arbitral tribunal. Lithuanian courts refused so far to accept the Government’s counterclaim avoiding the duplication of the proceedings in the same case. Moreover, Supreme Court’s decision provides a far-reaching interpretation on the nullity of all inter EU arbitration agreements ever concluded. The following analysis provides some certainly interesting details.
Green Power K/S and SCE Solar Don Benito APS v Kingdom of Spain: How EU Law Allegedly Trumps International Investment Law
Authors: Lavranos Nikos
Published: December 2022

The Green Power arbitral tribunal is the first tribunal ever (and so far, the only one) that accepted the EU law jurisdictional objections raised by an EU Member State. For this reason alone, this decision is historic. Instead of adopting a public international law perspective for determining the question whether it has jurisdiction, the arbitral tribunal adopted an European law perspective and therefore considered itself bound by the CJEU jurisprudence regarding Achmea and Komstroy. With its decision, which came out only a week before the Contracting Parties to the ect concluded their modernisation negotiations in which the EU and its Member States agreed to carve out the arbitration provision for intra-EU ECT disputes, the arbitral tribunal showed that it had a good sense of what was to come in any event. The consequences of all this are that European investors will be stuck with the domestic courts of the Member States and the European Court of Human Rights – with all their limitations.
Energy Charter Treaty and the Paris Agreement – Friends or Foes? – 7th EFILA Lecture (28 October 2021)
Authors: Magnusson Annette
Published: December 2022

In this lecture the question was answered whether the ECT and the Paris Agreement are friends or foes? The conclusion is that so far they appear never to have even talked to one another. At least in the ECT jurisprudence, it seems as if energy investment law and climate law exist in parallel and at times very different worlds. In light of the urgent climate crisis, this needs to change.
The Churning in the Flogging of ʿUmayra: Or, Towards a History of Masturbation in Premodern Islamic Law
Authors: Anchassi Omar
Published: December 2022

This article traces juristic debates on the ethics of masturbation from the formative period of Islamic law to the early nineteenth century. I document the appearance of discussions of the practice in the earliest extant sources and explore how masturbation figures in the Sunnī and Šīʿī ḥadīṯ corpora with attention to regional patterns of dissemination. I also address the terminology used by jurists and point to material in encyclopaedias, adab and other works where relevant, and include some comparative observations from other cultures. My overall findings include the fact of clear regional patterns of opinion across the amṣār (garrison cities) in the early period and an unmistakable increase in “conservatism” on sexual matters with the consolidation of the legal schools (maḏāhib), as well as a clear distinction between Sunnī and Šīʿī views on the practice. I conclude by attempting to explain the relatively low visibility of masturbation in legal sources and to account for the doctrinal shift more generally.
Scales, Reefs and Bureaucracies – International Political Fieldworks
Authors: Siméant-Germanos Johanna , Pouponneau Florent
Published: December 2022

The political sociology of the international, because it refers, at least in part, to practices and configurations in which the routine superposition of a society and a state is even more problematic than it already is when the investigation is confined within national borders, may call for the deployment of particular empirical and theoretical strategies. This article outlines some of these strategies, which relate to the question of identification of the field and processes of internationalization, access to the bureaucracies of foreign affairs and war, and the question of secrecy. The article reflects on ways to capture the division of labor among and in these international organizations, and on the tracing of individual paths as a means of reconstructing the milieux of international activism. It examines the possibilities opened up by collective investigations of international events. Rooted in the idea of the unity of social sciences, the article hopes to show how the ordinary methods and tools of sociology can contribute to enriching the study of international fieldworks (and how in return the development of international political sociology can contribute to the renewal of social sciences practiced on a national scale).
Division of Labor or a New Discipline? The Troubled Emergence of Neurosurgery in the Netherlands, 1890–1929
Authors: Lutters Bart
Published: December 2022

In the early twentieth century, Amsterdam neuropsychiatrist Louis Muskens (1872–1937) asserted that surgery of the human central nervous system ought to be performed by neurologists rather than surgeons. Only neurologists, he believed, possessed the knowledge, skills, and experience to safely perform these operations. Muskens practiced what he preached, by himself taking up the practice of nervous system surgery. In the Netherlands, however, a strict division of labor had already emerged between surgeons and neurologists. Both regarded surgical performance as an activity to be reserved for surgeons, requiring specific skills, experience, and innate qualities, whereas the diagnosis and localization of nervous system disorders was seen by both as belonging to the domain of neurology, whose practitioners possessed a comprehensive, dynamic, scientific understanding of the nervous system, observational skills, and expertise in diagnostic technology. Even though Muskens’s views and surgical practices were ultimately rejected by both his surgical and neuropsychiatric colleagues, his controversial campaign against the existing division of labor between surgeons and neurologists was an important catalyst for the emergence of neurosurgery as a medical specialty in the Netherlands, one performed by a specially trained “neurosurgeon” exclusively dedicated to nervous system surgery. The case of Muskens provides a striking example of the ways in which professional identities shaped medical practice and the formation of a new discipline.
Provenance and Production: Casks in the Dutch Archaeological Context
Authors: Oosterbaan Jeroen , Doeve Petra , van Daalen Sjoerd
Published: December 2022

The Late Medieval and Early Modern periods in the Netherlands are marked by an upsurge in the production, use and repurposing of casks in cities. This is inextricably linked with the growing marine and riverine trade markets and the increase in artisan production. Casks have been found on shipwrecks, where they were used as containers for merchandise (primary purpose) and in urban areas, where they were repurposed as shafts for wells or cesspits (secondary purpose). As a result, the initial production phase of the lifecycle of casks often remained undetected. This study aims to generate an overview of the dendrochronological studies conducted in the past decades by Dutch dendrochronologists on casks from Dutch archaeological context, in which the felling year of the wood used to construct the casks can be dated from the 12th to 18th centuries, to gain insight into their production by coopers. The first objective is to better understand the diverse provenance areas detected in the coopers’ timber, after which the diachronic developments in the use of the timber from specific provenance areas can be addressed. The main objective is to assess whether it is possible to distinguish locally produced casks from casks used to import merchandise, which was successful in some cases. In addition to the dendrochronological and archaeological data, archival sources were used to contextualize and substantiate the analyses and interpretations.