bluuebunny/crossref_metadata_2025 huggingface dataset:
Cryptic impact: Visual detection of corona light and avoidance of power lines by reindeer
Authors: Tyler Nicholas J. C. , Stokkan Karl‐Arne , Hogg Christopher R. , Nellemann Christian , Vistnes Arnt Inge
Published: February 2016

Assessing the impact of human development on animals is complicated by the fact that overt effects may have covert causes. Cryptic impacts (sensu Raiter et al. 2014) can arise where sensory stimuli to which species respond fall outside the human sensory range. Ultraviolet (UV) light, which is detected by a range of nonprimate mammals, is a potential example. We review evidence that dark‐adapted eyes of reindeer–caribou Rangifer tarandus can detect light at 330–410 nm emitted by electrical corona on high‐voltage power lines, which is necessarily barely visible to humans. Based on this, we suggest that the superior ability of Rangifer to detect corona UV light may partly account for the tendency of the animals to avoid power lines. Rangifer has UV‐permissive ocular media that transmit approximately 15 times more corona light than human eyes. Retinal irradiance under full dilation is in the order of 7 times greater in Rangifer compared with humans. Seasonal transformation of the tapetum lucidum substantially increases retinal sensitivity in this species in winter. Threshold distances of detection of corona by Rangifer are in the order of hundreds of meters. Displays of corona may catch the animals' attention, and plume coronas, in particular, may induce the illusion of motion (the phi phenomenon), thereby falsely signaling the presence of potential predators. Both features are likely to increase wariness and cause animals to withdraw from the source of the stimulus. We suggest that spatial and temporal variability of corona contributes to substantial variation observed in the strength and persistence of avoidance responses in Rangifer at these structures. © 2016 The Authors. Wildlife Society Bulletin published by Wiley Periodicals, Inc. on behalf of The Wildlife Society.
A Quantitative Method of Analysis for Sterol Glycosides in Biodiesel and FAME Using GC‐FID
Authors: Montpetit A. , Tremblay A. Y.
Published: February 2016

Sterol glycosides (SG) are known to cause filter blocking problems in biodiesel use. The extraction and quantitative analysis of SG is difficult due to its low problematic concentration and its compatibility with biodiesel. The purpose of this study is to develop a method to quantify SG in FAME and biodiesel using gas chromatography and other equipment found in laboratories performing routine biodiesel analyses. SG was isolated from FAME using n‐dodecane, acidification and cold soaking, followed by cold centrifugation at −8 to −15 °C. The solids obtained were further separated by phase partition with a Folch wash, followed by a final n‐dodecane rinse. This solution was analyzed by GC‐FID using the operating conditions outlined in ASTM D6584. A calibration curve for SG was produced and a first order fit gave a value of r2 = 0.992. Reproducibility tests were performed on soybean FAME and B100 canola biodiesel samples spiked with SG. The recovery of SG by the new method was found to be 99 % for soy FAME with a standard deviation of 0.7 and 100 % for B100 canola with a standard deviation of 3.5 %. The reproducibility based on two standard deviations of the predicted concentration for all 12 spiked samples studied in this work was 2.4 ppm.
Response style and severity and chronicity of depressive disorders in primary health care
Authors: Riihimäki K. , Vuorilehto M. , Jylhä P. , Isometsä E.
Published: February 2016

Background

Response styles theory of depression postulates that rumination is a central factor in occurrence, severity and maintaining of depression. High neuroticism has been associated with tendency to ruminate. We investigated associations of response styles and neuroticism with severity and chronicity of depression in a primary care cohort study.

Methods

In the Vantaa Primary Care Depression Study, a stratified random sample of 1119 adult patients was screened for depression using the Prime-MD. Depressive and comorbid psychiatric disorders were diagnosed using SCID-I/P and SCID-II interviews. Of the 137 patients with depressive disorders, 82% completed the prospective five-year follow-up with a graphic life chart enabling evaluation of the longitudinal course of episodes. Neuroticism was measured with the Eysenck Personality Inventory (EPI-Q). Response styles were investigated at five years using the Response Styles Questionnaire (RSQ-43).

Results

At five years, rumination correlated significantly with scores of Hamilton Depression Rating Scale (r = 0.54), Beck Depression Inventory (r = 0.61), Beck Anxiety Inventory (r = 0.50), Beck Hopelessness Scale (r = 0.51) and Neuroticism (r = 0.58). Rumination correlated also with proportion of follow-up time spent depressed (r = 0.38). In multivariate regression, high rumination was significantly predicted by current depressive symptoms and neuroticism, but not by anxiety symptoms or preceding duration of depressive episodes.

Conclusions

Among primary care patients with depression, rumination correlated with current severity of depressive symptoms, but the association with preceding episode duration remained uncertain. The association between neuroticism and rumination was strong. The findings are consistent with rumination as a state-related phenomenon, which is also strongly intertwined with traits predisposing to depression.
Educación y proyecto vital en un mundo en colapso civilizatorio. Parte I
Authors: Viniegra Velázquez Leonardo
Published: February 2016

Este ensayo en dos partes supone un colapso civilizatorio en curso, que justifica inquirir en los procesos forjadores de subjetividades: la educación y el proyecto vital, que subyacen a la permisividad social incapaz de impedir la ruina (moral) de la civilización. Se especifica a la educación pasiva, de vigencia universal, como el origen de esa permisividad al formar sujetos individualistas, acríticos, pasivos y manipulables por los medios de control social al servicio del sistema de dominación. Se caracteriza la educación participativa divergente de la pasiva, con base en la idea de participación: protagonismo del sujeto en la elaboración de su propio conocimiento a través del ejercicio de la crítica. La educación participativa promueve el aprendizaje con sentido crítico cuya materia prima es la reflexión sobre la experiencia vital: las vivencias con mayor significado afectivo, que permite vincular afectividad y cognición lo cual hace posible la elaboración del propio conocimiento (del sí mismo y del contexto). Este proceso conduce al esclarecimiento de conflictos de la experiencia vital y a estrategias de superación con efectos gratificantes, lo que suscita pasión por el conocimiento como núcleo del sentido de la vida. Al final se describen experiencias concretas de la educación participativa en dos extremos de la vida: niños pequeños y adultos maduros, mostrando su factibilidad; lo que representa la respuesta del autor al ¿qué hacer? y ¿cómo hacerlo?, ante la quiebra civilizatoria actual.
The Development of the Notion of Separation of Powers
Authors: Troper Michel
Published: February 2016

It suffices to examine two of the most important texts which form the basis of France's constitutional system, the Declaration of Human Rights of 1789, and the Law of June 3, 1958, in order to become convinced that separation of powers is one of those immutable principles which imposes itself as self-evident on every liberal constituent body. Article 16 of the Declaration of 1789 proclaims that “any society in which the protection of rights is not ensured, nor the separation of powers established, has no constitution”. The constitutional Law of June 3, 1958, for its part, authorizes the government to establish a constitutional project, provided that five principles be respected; among these principles appears, immediately following the necessity of universal suffrage, the separation of powers.
Ownership of Organs Taken From a Living Person
Authors: Tedeschi Gad (Guido)
Published: February 2016

Medical recourse to organ transplants and the transfer of other material from the body of one person to that of another has increased steadily over the past few decades. This raises new legal questions, and brings once-thought purely academic questions to the forefront.

Organs and other material used for transplants can either be taken from a living person (for example, bone marrow, sperm, or blood); or from a corpse, as is the case with most transplants. Certain material, in particular kidneys, can be taken from both. In Israeli law, this duality in the sources of supply is paralleled by different sources of regulation. With respect to a corpse, the Anatomy and Pathology Law attempts to solve the main problems from a practical point of view. On the other hand, the Israeli legislator has as yet to intervene with respect to the living body.
Aspects of Foreign Relations under the Israeli-Palestinian Agreements on Interim Self-Government Arrangements for the West Bank and Gaza
Authors: Singer Joel
Published: February 2016

In each one of the three main agreements which Israel has concluded to date with the PLO as part of the current peace process, the issue of foreign relations has received special treatment. This reflects the fact that, while the transfer of a number of spheres of authority to the Palestinian autonomous entity has serious practical ramifications, the treatment of the sphere of foreign relations has an added effect on the very nature of the autonomous entity itself, because full capacity to conduct foreign relations is one of the accepted indicia of sovereignty and statehood. Any arrangements reached with regard to the sphere of foreign relations are, therefore, of critical significance.
Responsibility for the Protection of Human Rights under the Interim Israeli-Palestinian Agreements
Authors: Benvenisti Eyal
Published: February 2016

The Israeli-Palestinian Declaration of Principles of September 13, 1993 (the “DOP”), which establishes the framework for the settlement of the conflict between the parties, sets the stage for a gradual transition towards a peace settlement, or the “permanent status” as referred to in the DOP. The interim arrangements outlined in the DOP provide for a step-by-step assumption of responsibilities by Palestinians in the West Bank and the Gaza Strip. The Agreement on the Gaza Strip and the Jericho Area, signed in Cairo on May 4, 1994, prescribes at length the arrangements for the first steps to be taken towards that goal. During the period of the interim arrangements, the Gaza Strip (excluding Israeli settlements and military installations) and the “Jericho Area” are to be administered by a “Palestinian Authority” (PA), a body established under the Cairo Agreement, which is distinct from the PLO.
Israel and the Palestinian Authority: Jurisdiction and Legal Assistance
Authors: Fassberg Celia Wasserstein
Published: February 2016

The Cairo Agreement on the Gaza Strip and the Jericho Area, signed on May 4, 1994, seeks to implement the Declaration of Principles on Interim Self Government Arrangements signed in Washington on September 13, 1993 and, in particular, to put into effect its Protocol on Withdrawal of Israeli Forces from Gaza and the Jericho Area. The primary purpose of the Agreement is then to transfer territory from Israel to the Palestinian Authority. Article V of the Agreement defines this territory as covering the Gaza Strip and Jericho, excluding the Settlements and the Israeli military installation area. The transfer of territory is naturally accompanied by a transfer of legal and political control from the Military Government to the Palestinian Authority. But the Agreement does not simply assign to the Palestinian Authority all legislative, executive and judicial functions within the territory transferred to its control.
Three Voices of Socio-Legal Studies
Authors: Feeley Malcolm M.
Published: February 2016

The connection between law and contemporary social science emerged as a consequence of the quest for social reform. As law became more instrumental, it also became more empirical, more concerned with policy. For this process, it turned to social science. Social science complied and has become an adjunct to law in the quest for solving social problems. As this partnership has developed, the relationship between law and social science has matured. Not only has social science sought to educate and influence law, it has also incorporated law into its own disciplinary concerns. Furthermore, the field of socio-legal studies may be on the verge of establishing itself as a separate and distinct discipline, independent of the practical concerns of law.

The scholarly intersection of law and social science — or socio-legal studies, as I shall call it — now speaks with at least three voices addressed to at least three audiences. It speaks as policy analysis, a handmaiden to law. It also speaks in the traditional language of the social sciences. Thirdly, it may be gaining a voice of its own, reflecting a belief that law is a distinct form of ordering that merits its own position among the scholarly disciplines, separate from both scholarly fields and the professional concerns of law. At their core, each of these enterprises entails a distinct voice, a distinct audience, and a distinct agenda.
Interpretation in Law: Chief Justice Barak's Theory
Authors: Shalev Gabriela
Published: February 2016

The purpose of this article is to give a panoramic view of Chief Justice Barak's theory of interpretation, namely the purposive theory, which is contained in a six volume treatise in Hebrew, Interpretation in Law. In order to understand this theory, it is useful to imagine a spectrum where, on the one hand, there is the subjective intent – namely the meaning that can be deduced from the intent of the writer of the text – and, on the other hand, the objective intent – namely the meaning based on the fundamental principles of the legal system. Various legal texts are interpreted by placing them on different points of this spectrum in accordance with the relevant area of law. Accordingly, in defining the purpose of Basic Laws, Barak gives primary regard to the fundamental principles of the system, with very little regard to the intentions of the drafters. In contrast, the purposive interpretation of wills occupies the other end of the spectrum, with maximum regard for the subjective intention of the drafter and a much smaller regard for the fundamental principles of the legal system. After a brief review of the philosophical and theoretical application of the purposive interpretation of various legal texts, the article moves on to demonstrate, through decisions of Chief Justice Barak, the judicial application of the purposive interpretation in two of the most important fields of interpretation: constitutional interpretation and interpretation of contracts.
The External Rights of Cohabiting Couples in Israel
Authors: Lifshitz Shahar
Published: February 2016

One of the outstanding products of civil-secular law in Israel is the institution of cohabitation. In Israeli law, the term “cohabiting couples” is used to refer to couples who conduct marriage-like relationships, but who, from a legal point of view, are not given the legal status of married couples. In Israel there is a trend toward narrowing the legal gap between cohabiting couples and married couples, and broadening the conditions that confer the status of cohabite. In present-day Israeli legal discourse, support for these trends is seen as a secular, liberal and progressive stance, while opposition to them is viewed as religious, moralistic and conservative.

This study aimed at enriching the public legal debate on cohabiting couples from a civil liberal point of view. In order to accomplish this task, I wish to re-examine the laws relating to cohabitation, in intention to break the conventional modes of thinking, and examine the laws dealing with cohabitation from an all-encompassing civil viewpoint, one which does not focus specifically on the unique Israeli context. Only after the more general discussion will we consider the position of Israeli law and consider the possibility of applying the general discussion to the specific Israeli context, keeping in mind the role of cohabitation in Israel as an alternative to the religious marriage. Previous projects I have conducted dealt specifically with the internal relationships including the mutual obligations between cohabitants. In this project, I wish to continue probing the Israeli family law situation but this time I wish to broaden the discussion by examining the external rights of cohabiting couples.

The discussion will expose the basic flaw in the Israeli context which makes the implementation of a fundamental civil structure difficult in terms of Israeli law. I shall explain why this flaw has a more serious impact in the context of “external rights” than in the context of internal commitment issues. Therefore beyond making proposals for specific amendments in relation to existing cohabitation laws, I shall clarify why it is necessary to develop additional alternatives to marriage which can also provide an alternative to cohabitation.
A Court of “UN Law”
Authors: Pomerance Michla
Published: February 2016

Resort to the Court presupposes a disposition to depoliticize the issues; when this precondition is not attained on both sides of the fence, the Court's Advisory Opinions are bound to be ineffective. The Opinions will become part and parcel of the political contest and share in its outcome.

[Leo Gross]

It would make a mockery of the independence of the Court if it could never “reach conclusions at variance with the conclusions stated by the General Assembly”. … It would also render the Court largely useless as an organ for giving legal advice to the Assembly.

[D.H.N. Johnson]

There are some worrying signs that, far from developing traditional legal techniques in a way acceptable to old and new States, the Court may depart radically from legal patterns accepted in the West in favour of outright politicization of the Court.

[Lyndel V. Prott]

In the present case, worrisome trends that have been infecting the ICJ-General Assembly nexus peaked more overtly and ominously than ever before, recalling earlier fears that the Court's advisory pronouncements would be either ineffective political utterances or ex parte quasi-compulsory judgments rendered without the consent of a state principally concerned. The manner in which the JCJ's advisory function was exercised raises grave doubts regarding the “judicial” nature of that function, and more generally, the future role of the Court in clarifying the law and strengthening world order in the age of the global terrorist scourge.

Employing inapt analogies and formalistic, formulaic, and occasionally inconsistent reasoning, the Court evinced an unjudicial eagerness to furnish the General Assembly with the imprimatur it sought for its pre-set conclusions. The Court adopted a consistently unevenhanded posture that manifested itself, inter alia, in its embracing the assumptions and nomenclature of the Assembly resolution; ignoring the context of ongoing terrorism; minimizing the status of Israel as an objecting quasi-litigant while magnifying the role and rights of the Assembly; upholding questionable Assembly practices; presenting a sanitized and skewed version of the crucial factual and legal contexts; embracing a simplistic and Manichean view of the rights and obligations of the protagonists in conflicts bearing on self-determination; and unjustifiably restricting the Charter-affirmed inherent right of self-defense. In all this, it faithfully mirrored the perspective of the Assembly and proved itself, more patently than ever before, to be a Court of “UN Law” rather than of consensual international law. And to the extent that its “UN Law” perspective continues to spill over from the advisory to the contentious sphere, the process of “undeifying” the Court may gather strength.
More than a Huge Imbalance: The ICJ's Advisory Opinion on the Legal Consequences of the Construction of the Barrier
Authors: Calvo-Goller Karin
Published: February 2016

This note deals with some of the procedural and substantive issues raised by the Legal Opinion rendered by International Court of Justice on the legality of the separation barrier. In the note it is argued that the motivations behind the General Assembly's request where political and not legal. It is contended that he partiality of the choice of the dossiers' material as submitted, issues relevant to propriety and the judicial character of the Court, should have led it to decline to give the requested opinion. The note is critical on the participation of Judge Elaraby, which the note argues affects the fairness and impartiality of the proceedings and affect the value of the Advisory Opinion. Israel did not consent to the exercise of jurisdiction by the Court. The problems inherent in the lack of relevant factual basis and in the fact-finding function of the Court, its total disregard of Israel's needs to protect its citizens against Palestinian terrorism, and the categorical and unmotivated rejection of Israel's security claims, led to an unbalanced and unjust result. Basic humanitarian law principles relating to the protection of civilians and international human rights are disregarded by the Court when it comes to the right to life of Israeli civilians and to their right to be protected against terror attacks. The note contends that the Court's denial of Israel's right to self-defense lacks legal and factual basis. The procedural and substantive deficiencies of the Advisory Opinion affect its value and persuasiveness.
The Legal Status of Jerusalem Following the ICJ Advisory Opinion on the Separation Barrier
Authors: Hirsch Moshe
Published: February 2016

The present article analyzes the expected implications of the recent Advisory Opinion of the International Court of Justice on the legal status of East Jerusalem in accordance with international law. The Court stated that East Jerusalem is occupied territory and Israel is the occupying power in this territory. Generally, the Opinion lends support to the Palestinians' arguments and is likely to enhance their bargaining position in the future negotiations regarding the regime to be applied to East Jerusalem. Unlike the differential approach undertaken by the parties during the recent stage of negotiations (that suggested applying different legal regimes to the city's different areas), the Court's Opinion did not make distinction between the different parts of East Jerusalem. Analysis of these distinct approaches indicates that the differential approach (adopted during the recent negotiations)is more likely to enhance the prospects of attaining an agreed solution to the dispute over East Jerusalem. The Court's emphasis on the interests of third parties as well as the role of the UN tends to multilateralize the dispute between Israel and the Palestinians regarding the West Bank, including East Jerusalem. The impacts of possible multilateralization of the dispute over East Jerusalem on the prospects of achieving an agreed solution are not clear. In contrast to the Court's multilateral approach with regard to the general Israeli-Palestinian dispute, the analysis of Israel's obligation regarding access to the holy places is essentially premised on two bilateral treaties (the 1949 General Armistice Agreement and the 1994 Peace Treaty between Israel and Jordan). In light of the major importance of numerous holy places in other parts of the globe, a preferable legal analysis could have been founded on a reasonable interpretation of general international human rights instruments, particularly the 1966 Covenant on Civil and Political Rights.
The UN, The ICJ and the Separation Barrier: War by Other Means
Authors: Steinberg Gerald M.
Published: February 2016

This article compares the Hobbesian realist and Kantian idealist analyses of international law and organizations with respect to the UN General Assembly resolutions and the International Court of Justice (ICJ) advisory opinion on Israel's separation barrier. From the realist perspective, this case highlights the exploitation of moral claims in support of a particularist political agenda. In contrast, the idealist approach interprets the advisory opinion and resolutions as important normative expressions in the developing global system of governance based on universal human rights principles and treaty obligations.

The analysis begins with a detailed comparison of the ideological and intellectual foundations of these core approaches to international law and organizations, the evolution of this debate in the post Cold War international system, and the impact on protracted ethno-national conflicts. This provides the basis for examining the impact of both schools in the context of the Arab-Israeli conflict. The specific case of the UN and ICJ's involvement in the question of Israel's separation barrier is then analyzed in detail from both the realist and idealist perspectives.

The implications of this debate are of major importance, not only with respect to the specific challenges posed by terrorism and the necessary responses, but also in the wider context of the crisis in the international system at the beginning of the 21st century. The analysis concludes by noting the degree to which this case illustrates a wider process in which international legal principles are manipulated in a manner that contributes to conflict and justification of violence, conforming to the realist interpretation. While still pursuing idealist objectives, wishful thinking cannot conceal the abuse ofuniversalist claims of morality in the pursuit of war by other means.
When “More” of a Program is Not Necessarily Better: Drug Prevention in the Sharon Prison
Authors: Shoham Efrat , Gideon Lior , Weisburd David L. , Vilner Yossi
Published: February 2016

This study examines outcomes from the first prison-based therapeutic community, for drug addicted offenders, implemented at the Sharon prison during 1994–1997. The article describes the program that took place and the process of treatment experienced by those who participated in the program. Using a Cox Proportional Hazard Regression Model (CPHRM) to calculate Hazard of Recidivism, a sample of 421 offenders who participated in the program was analyzed to evaluate program outcomes, while indicating factors that increase/decrease hazard of recidivism. Our findings from the CPHRM revealed that length of time in the program is one of the strongest predictors of hazard of recidivism. However, different from other studies which argue that “the more the better,” findings from this study question such an assumption. Additionally, findings from the above multivariate analysis suggest that criminal history (i.e. age on set, and number of prior arrests), significantly increase hazards of recidivism. Results of the study are discussed in regard to the increase in prison population, expected benefits of treating incarcerated offenders, and the legal aspects of prisoners' rights.
Israeli Copyright Law: A Positive Economic Perspective
Authors: Pessach Guy
Published: February 2016

The purpose of this Article is to critically analyze and examine positive Israeli copyright law under the paradigm of law and economics. The Article reviews several central and influential decisions of Israeli Supreme Court in the area of copyright law. It then analyzes these decisions in a manner that critically evaluates the reflections and impacts of the law and economics school on positive Israeli copyright law. Within this framework, the Article focuses on a selected number of cases and topics, including the Israeli Supreme Court's interpretation and application of the originality requirement and the fair use exemption. As the discussion in the Article indicates, several important decisions of the Israeli Supreme Court have indeed applied, either explicitly or implicitly, utilitarian considerations while implementing economic analysis as a focal of Israeli copyright law. One interesting observation that arises from our survey is that at least in some cases, there is no correlation between a declaratory judicial implementation of economic considerations and the desirability of the court's decision in terms of its efficiency. In several cases, while the Supreme Court applied economic considerations as its proclaimed normative compass, the outcomes of the court's decisions seem inefficient; whereas in other cases in which courts applied non-economic theories as their corner stone (while neglecting emphasis on economic considerations) the results were found to be economically efficient.
What is Missing in Corporate Bankruptcy Theories? Revisiting the Efficiency Rationale
Authors: Rotem Yaad
Published: February 2016

What is corporate bankruptcy law's unique function in the economy? Law and economics scholars reject using it to achieve purely redistributive purposes but this is where their agreement ends. Thus, two questions serve as focal points for debate: First, should the decision on how to redeploy in the economy the assets of the financially distressed firm be mandatory or enabling? Second, which decision-making mechanism should be employed by lawmakers? “First order” theories (arguing for and against a mandatory bankruptcy regime), or “second order” theories (arguing for and against different methods of mandatory decision-making) ensued as a result. Unfortunately, “third order” attempts to supply a convincing answer to the economic question—combining as part of the answer the many redistributive impulses displayed in any corporate bankruptcy setting—were few and scarce. Moreover, scholars have been arguing with each other without fully exhausting the discussion of the gap dividing them. An ex-ante point of view, highlighting the perspective of the debtor-firm's relations with its consensual investors, was offered to lawmakers contemplating social wealth maximization, as a replacement to the conventional ex-post point of view, which emphasizes a more general societal perspective. The distinction between the two paradigms did not go unnoticed by scholars, but unexplainably, it failed to become the center of debate.
Lex Specialis: Oversimplifying A More Complex and Multifaceted Relationship?
Authors: Prud'homme Nancie
Published: February 2016

From the adoption of the United Nations' Charter, the interplay between international human rights law and international humanitarian law has been subject to many questions to which scholars, judges and institutions still struggle to provide a clear answer. At present, there are a number of divergent stances on the parallel application of the disciplines, but they are generally elusive as to their exact methodology and supporting legal basis. This article argues that a well-coordinated application of international humanitarian law and international human rights law is vital to ensuring adequate protection during armed conflict and the effective implementation of the legal frameworks. It examines the articulation of the relationship between international humanitarian law and international human rights law through the lex specialis model. Considering the theory of lex specialis, this article questions the widely accepted view that this theoretical model, based on the specificity and generality of the law, can clarify the interplay and facilitate the co-application of international human rights law and international humanitarian law. In light of this, it is argued that a new means is needed to clarify the interplay between the disciplines. This article advocates the substitution of the lex specialis principle and development of a more specific methodology to resolve issues linked with the concurrent jurisdiction of the disciplines. It suggests that the theory of lex specialis yields to a different theoretical model based on multiple pre-determined criteria that balance the reality of conflict with the respect of humanity and protection of individuals.
Triggering State Obligations Extraterritoriality: The Spatial Test in Certain Human Rights Treaties
Authors: Wilde Ralph
Published: February 2016

The spatial test for triggering the extraterritorial application of the main treaties on civil and political rights law has been the subject of significant judicial comment in recent years. This piece offers a critical evaluation of an important common theme in these judicial determinations: the suggestion that the spatial test is to be understood in a manner that covers a sub-set of extraterritorial activity involving territorial control occurring as a matter of fact. It provides a sustained explanation and critical evaluation of four different ways such a suggestion can be identified in some of the key judicial determinations on the issue of the extraterritorial application of treaties on civil and political rights generally. Since one of the other main areas of law potentially relevant to extraterritorial activity—the law of occupation—also uses a test of territorial control as a trigger for application, the interplay between the approaches taken in each area of law on the question of what type of control is required mediates the extent to which the fields of activity covered by the two areas of law overlap. Understanding the merit of the determinations concerning human rights law discussed in this piece is significant, then, not only on its own terms, but also because of its significance to the broader question of the overlap between human rights law and the law of occupation.
Human Rights and Humanitarian Law in the UK Courts
Authors: McGoldrick Dominic
Published: February 2016

This article considers how arguments relating to the principle of joint applicability of international human rights law (IHR) and international humanitarian law (IHL) are playing out in the United Kingdom's courts. The core of the article is a case study of the decisions of the Divisional Court, the Court of Appeal and the House of Lords in Al-Skeini v. Secretary of State for Defence. The central issues of the case concerned the application of the UK's European Convention on Human Rights (ECHR) obligations in the context of its activities in Iraq, and the extraterritorial application of the Human Rights Act, 1998. This case study of the domestic application of the principle is particularly useful for considering (i) its practical implications on the specific facts of particular cases; (ii) the argumentation used by the UK government and judges; (iii) the difficulties of national courts in analyzing the IHR and IHL rights jurisprudence; and (iv) the significant differences between IHR and IHL in terms of positive obligations and domestic remedies.
The No-Gaps Approach to Parallel Application in the Context of the War on Terror
Authors: Aolàin Fionnuala Ni
Published: February 2016

This article asserts that a challenge exists in deflecting the prevailing view that a general gap of legal applicability exists in respect of legal regulation of the war on terror. This “gap” is articulated by a focus on a new phenomena—namely the emergence of Al Qaeda as a non-nationally motivated, transnational terrorist organization whose actions and actors do not “fit” existing legal norms and sanctions. In addressing that challenge, this article will rebut the argument that suggests a legal lacuna exists, and that no appropriate legal tools are available to states and international organizations as they confront the post September 11thcontext. In particular, the argument asserts that existing legal norms provide sufficient coverage to respond to the conflicts experienced in the contemporary moment, as well as to the state and non-state entities participating in them. The article suggests that clarity about the boundaries between the legal regime of international human rights law and international humanitarian law would assist closing off perceived regulatory gaps. It contends that the usual rationale given in favor of parallel application, namely higher protection for the victims of conflict, substantially underestimates its other valuable policy and instrumental benefits. Specifically, the traditionally vaunted victim centered rationale does not sufficiently weigh the value of affirming consistent rule of law coverage to situations of conflict. The article asserts that while further regulatory measures may be possible and even desirable to confront the contemporary challenges of conflict forms (including terrorism), a combined or dynamic approach to the law of war and international human rights law provides sufficient traction and norm content to address and be relevant to present needs.
Lex Specialis?Belt and Suspenders? The Parallel Operation of Human Rights Law and the Law of Armed Conflict, and the Conundrum ofJus ad Bellum
Authors: Schabas William A.
Published: February 2016

Two different theories attempt to reconcile problems of application of international human rights law in time of armed conflict, to the extent that there is a potential conflict with norms set out in international humanitarian law. One, posited by the International Court of Justice, presents international humanitarian law as the lex specialis, a kind of prism through which the concept of “arbitrary deprivation of life” (Article 6(1) International Covenant on Civil and Political Rights) is to be understood in time of armed conflict. In effect, international humanitarian law supplants international human rights law during armed conflict. The other theory, advanced by the Human Rights Committee, views the two bodies of law as additive in effect. Both regimes apply, and the individual benefits from the more favorable one (“belt and suspenders” approach). Both theories profess the fundamental compatibility of the two different legal systems, yet they are predicated upon a method for resolving conflicts between them. Both theories encounter serious problems in their application. The author submits that the difficulty with these attempts to reconcile human rights law and humanitarian law lies with the failure to grasp an underlying distinction: international humanitarian law is built upon neutrality or indifference as to the legality of the war itself. Human rights law, on the other hand, law views war itself as a violation. There is a human right to peace. Because of this fundamental incompatibility of perspective with regard to jus ad bellum, human rights law and international humanitarian law can only be reconciled, as both the International Court of Justice and the Human Rights Committee desire, if human rights law abandons the right to peace and develops an indifference to the jus ad bellum. It too must accept the idea of the acceptability of “collateral” killing of civilians in war, even if the war itself is illegal. The author argues that it is preferable not to attempt to find a neat and seamless relationship between international humanitarian law and international human rights law, in the interests of preserving the pacifist strain within international human rights law.
Précis: The Morality and Law of War
Authors: McMahan Jeff
Published: February 2016

The following commentaries are responses to the rough drafts of six lectures—the Hourani Lectures—that I delivered at the University of Buffalo in November of 2006. This draft manuscript is being extensively revised and expanded for publication by Oxford University Press as a book provisionally called The Morality and Law of War. Even though in January 2007 the book was still both unpolished and incomplete, David Enoch at that time generously organized a workshop at the Law School of the Hebrew University of Jerusalem to discuss its ideas and arguments. George Fletcher chaired the meeting and Re'em Segev, Yuval Shany, and Noam Zohar all presented superb commentaries. The following papers have all grown out of that memorable occasion.
The Xenokritai in Babatha's Archive: (Pap. Yadin 28 - 30)
Authors: Nörr Dieter
Published: February 2016

Babatha had a dispute with the guardians of Jesus, her son (from her first marriage). We do not know the reasons for this dispute, however, she seems to have been interested in the formula by which, under Roman law, the tutor could be called upon to account for the loss that the ward had suffered. Hence, we can find three nearly identical Greek translations of the actio tutelae in her archive (about 124/25 A.D.). Here we will only examine the appointment of the judges. The text of Pap. Yadin 28 1.1–4 runs as follows:

These lines were translated in the standard edition of the Babatha archive by N. Lewis in this manner:

Between a plaintiff X son of Y and a defendant A for up to 2,500 denarii there shall be (local?) judges.

Lewis does not comment on his (cautious) translation of xenokritai as “local judges”. Presumably, however, it reflects the opinion of the first editor, H. J. Polotsky, that the xenokritai are non-Roman judges (iudices peregrini). Consequently, the Latin version should have been as follows:

. . . . . . dumtaxat denarium MMD iudices peregrini sunto.
Institutional Investors as Corporate Monitors in Israel
Authors: Kamar Ehud
Published: February 2016

Ever since 1932, when Adolph Berle and Gardiner Means described the central problem of corporate law as the separation of the ownership of a company from its control, scholars in the fields of law and economics have been searching for a solution. It is difficult for a company that wishes to grow to remain under family ownership. Few financiers are capable of raising by themselves large enough sums of money to fund the capital requirements of such a company, and, in any event, it is not worthwhile for them to invest all of their money in one company and to be exposed to the risk that the company may fail. A company that wishes to grow must therefore raise funds from a number of investors, and, if large sums of money are involved, from numerous investors.
The Practice and Case Law of Israel in Matters Related to International Law
Authors: Giladi Rotem M.
Published: February 2016

In 1995, the Association Agreement between Israel and the European Community was signed in Brussels. This instrument is the product of years of negotiations. Europe's traditional policy on a linkage between the nature of its economic and political ties with Israel and progress in the Middle East peace process have led to static relations between the two, despite the importance attached by the Community to the region as part of its Mediterranean policy. The achievements of the Israeli-Palestinian (and Israeli-Arab) peace process, which was renewed with the October 1991 Madrid Conference, have at last enabled Israel and the Community to establish the Association status sought by Israel. A true comprehensive understanding of the Association Agreement necessitates therefore an examination of several other subjects such as the previous relations between the sides and the legal arrangements institutionalising these relations; Israel's trade position with Europe; the European Community's Mediterranean Agricultural and Commercial policies, and many other. This, however, cannot be done within the limits of this paper. Instead, this section merely seeks to briefly survey the legal regime embodied in the Association Agreement, that is, its general structure, main features and important legal, economic and political provisions. It should be emphasised that no detailed analysis of the provisions of the Association Agreement is intended, for the Association Agreement encompasses many fields and areas.
Proposal for a General Part of a New Penal Law — Introduction
Authors: Feller S.Z. , Kremnitzer M.
Published: February 2016

This being a presentation of a legislative enactment, not explanatory notes or a commentary on its provisions and certainly not a theoretical, comprehensive analysis of the topics considered therein, it is bound to be most concise and selective. The reader will thus encounter below a brief reference to the main subjects dealt with by the Proposal, with emphasis on the significance of proposed solutions.

The reasons why Israel requires a new penal code, generally, and, for a start, its Preliminary and General Parts, in particular, are inherent both in the process whereby the existing Law has developed, and the quality of that Law.

Israeli criminal law suffers from old age. Its direct source is the Criminal Code of Cyprus of 1928; the latter having been copied, with certain changes, from the Queensland Code of 1899, which for the most part reflected the judicial decisions of English common law, some of which were formed many years previously, and are largely outdated. Scientific standards have changed and progressed.
The Dogmatic Structure of Criminal Liability in the General Part of the Draft Israeli Penal Code — A Comparsion with German Law
Authors: Roxin Claus
Published: February 2016

Initially I was taken aback at the request that I express my views on the most important aspects of the general part of the draft Israeli penal code, because the draft contains Anglo-American legal concepts, such as “strict liability” and “mens rea”, which are unknown in Continental-European criminal law. At second glance, however, something quite different came to my attention; namely, that the contents of the draft reflect, to a large extent, the European legal tradition even though the terminology is in part quite different, and even though the draft only partly corresponds to the present dogmatic structures of the European legal system. Some of the passages almost sound like summaries of a middle-European textbook on criminal law. At the outset I want to offer my opinion on the draft: it is a good draft, up to the level of international discussion. It even sets out important parts of the general principles of liability much more precisely than does the German Criminal Code. Many of the draft's solutions are, of course, open to debate, but precisely for that reason we are assembled here.
Some Questions and Comments on What is Called “The Mental Element of the Offence”
Authors: Burkhardt Björn
Published: February 2016

In this paper, I shall address three problems: the question of content and limits of the “mens rea” elements (part II), the controversy over the correct concept of negligence (part III), as well as the problem of “divergence from the intended causal chain” (part IV). In doing so, I will compare the regulations of the Israeli draft Code (the “Israeli Draft”) not only with German law, but also with English and American law. Of course, within the scope of this paper I can neither probe deeply into the subject matter nor address all the important questions related to it.

Before starting with my questions and comments, I would like to make two introductory remarks:

1. First, I have to admit that I am unsure whether I understand correctly the regulations of the Israeli Draft (sec. 19-21, 22, 54). At least three sources of potential misunderstanding exist: first, the English version of the Israeli Draft is a preliminary translation of the Hebrew text. Any translation may shift the meaning of the original and binding Hebrew text. Second, misunderstanding may also result from my rather modest knowledge of the English language.