bluuebunny/crossref_metadata_2025 huggingface dataset:
Optimization of isotope composition of fusion plasmas
Authors: Tokar M.Z. , Moradi S.
Published: May 2011

The radial profiles of deuteron and triton densities in a fusion tokamak reactor are computed by taking into account anomalous transport due to ion temperature gradient and trapped electron drift instabilities in the plasma core and neoclassical transport in plateau-banana regimes, residual anomalous diffusion and convection triggered by edge localized modes in the edge transport barrier. The charged particle sources due to influx of neutral particles through the separatrix and ablation of frozen pellets in the plasma interior are optimized by searching for conditions providing the minimal outflow of unburned tritons to divertor target plates and their exhaust by pumping systems. It is demonstrated that such conditions correspond to fuelling of deuterium plasma component with gas puffing and of tritium with pellets and a ratio of deuteron/triton densities close to 2/1 at the separatrix. Effects of the absolute level and the ion mass dependence of neoclassical and anomalous transport contributions, of the position where neutrals enter the confined volume through the separatrix on the radial profiles of the ion densities are investigated.
Dynamics of fast ions during sawtooth oscillations in the TEXTOR tokamak measured by collective Thomson scattering
Authors: Nielsen S.K. , Salewski M. , Bindslev H. , Bürger A. , Furtula V. , Kantor M. , Korsholm S.B. , Koslowski H.R. , Krämer-Flecken A. , Leipold F. , Meo F. , Michelsen P.K. , Moseev D. , Oosterbeek J.W. , Stejner M. , Westerhof E.
Published: May 2011

Experimental investigations of sawteeth interaction with fast ions measured by collective Thomson scattering on TEXTOR are presented. Time-resolved measurements of localized 1D fast-ion distribution functions allow us to study fast-ion dynamics during several sawtooth cycles. Sawtooth oscillations interact strongly with the fast-ion population in a wide range of plasma parameters. Part of the ion phase space density oscillates out of phase with the sawtooth oscillation during hydrogen neutral beam injection (NBI). These oscillations most likely originate from fast hydrogen ions with energies close to the full injection energy. At lower energies passing fast ions in the plasma centre are strongly redistributed at the time of sawtooth collapse but no redistribution of trapped fast ions is observed. The redistribution of fast ions from deuterium NBI in the plasma centre is found to vary throughout velocity space. The reduction is most pronounced for passing ions. We find no evidence of inverted sawteeth outside the sawtooth inversion surface in the fast-ion distribution function.
A discriminative model-constrained EM approach to 3D MRI brain tissue classification and intensity non-uniformity correction
Authors: Wels Michael , Zheng Yefeng , Huber Martin , Hornegger Joachim , Comaniciu Dorin
Published: May 2011

We describe a fully automated method for tissue classification, which is the segmentation into cerebral gray matter (GM), cerebral white matter (WM), and cerebral spinal fluid (CSF), and intensity non-uniformity (INU) correction in brain magnetic resonance imaging (MRI) volumes. It combines supervised MRI modality-specific discriminative modeling and unsupervised statistical expectation maximization (EM) segmentation into an integrated Bayesian framework. While both the parametric observation models and the non-parametrically modeled INUs are estimated via EM during segmentation itself, a Markov random field (MRF) prior model regularizes segmentation and parameter estimation. Firstly, the regularization takes into account knowledge about spatial and appearance-related homogeneity of segments in terms of pairwise clique potentials of adjacent voxels. Secondly and more importantly, patient-specific knowledge about the global spatial distribution of brain tissue is incorporated into the segmentation process via unary clique potentials. They are based on a strong discriminative model provided by a probabilistic boosting tree (PBT) for classifying image voxels. It relies on the surrounding context and alignment-based features derived from a probabilistic anatomical atlas. The context considered is encoded by 3D Haar-like features of reduced INU sensitivity. Alignment is carried out fully automatically by means of an affine registration algorithm minimizing cross-correlation. Both types of features do not immediately use the observed intensities provided by the MRI modality but instead rely on specifically transformed features, which are less sensitive to MRI artifacts. Detailed quantitative evaluations on standard phantom scans and standard real-world data show the accuracy and robustness of the proposed method. They also demonstrate relative superiority in comparison to other state-of-the-art approaches to this kind of computational task: our method achieves average Dice coefficients of 0.93 ± 0.03 (WM) and 0.90 ± 0.05 (GM) on simulated mono-spectral and 0.94 ± 0.02 (WM) and 0.92 ± 0.04 (GM) on simulated multi-spectral data from the BrainWeb repository. The scores are 0.81 ± 0.09 (WM) and 0.82 ± 0.06 (GM) and 0.87 ± 0.05 (WM) and 0.83 ± 0.12 (GM) for the two collections of real-world data sets—consisting of 20 and 18 volumes, respectively—provided by the Internet Brain Segmentation Repository.
An asymptotic form for the Stieltjes constants 𝛾_{𝑘}(𝑎) and for a sum 𝑆ᵧ(𝑛) appearing under the Li criterion
Authors: Knessl Charles , Coffey Mark
Published: May 2011

We present several asymptotic analyses for quantities associated with the Riemann and Hurwitz zeta functions. We first determine the leading asymptotic behavior of the Stieltjes constants

γ
k

(
a
)

\gamma _k(a)

. These constants appear in the regular part of the Laurent expansion of the Hurwitz zeta function. We then use asymptotic results for the Laguerre polynomials

L
n
α

L_n^\alpha

to investigate a certain sum

S
γ

(
n
)

S_\gamma (n)

involving the constants

γ
k

(
1
)

\gamma _k(1)

that appears in application of the Li criterion for the Riemann hypothesis. We confirm the sublinear growth of

S
γ

(
n
)
+
n

S_\gamma (n)+n

, which is consistent with the validity of the Riemann hypothesis.
Orpheus in Manhattan
Authors: Swayne Steve
Published: May 2011

The musical landscape of New York City and the United States of America would look quite different had it not been for William Schuman. This book, the first objective and comprehensive biography of Schuman, portrays a man who had a profound influence upon the artistic and political institutions of his day and beyond. The book draws heavily upon Schuman's letters, writings, and manuscripts as well as unprecedented access to archival recordings and previously unknown correspondence. The winner of the first Pulitzer Prize in Music, Schuman composed music that is rhythmically febrile, harmonically pungent, melodically long-breathed, and timbrally brilliant, and the book offers an astute analysis of his work, including many unpublished music scores. Swayne also describes Schuman's role as president of the Juilliard School of Music and of Lincoln Center for the Performing Arts, tracing how he both expanded the boundaries of music education and championed the performing arts. Filled with new discoveries and revisions of the received historical narrative and published in Schuman's centenary year, Orpheus in Manhattan confirms Schuman as a major figure in America's musical life.
Four. A Flash in Tin Pan Alley
Authors: Swayne Steve
Published: May 2011

This chapter traces the end of Schuman's high school career, his ill-fated studies at New York University's School of Commerce, and his discovery of classical music at Carnegie Hall in 1930. From the late 1920s through the early 1930s, Schuman continued to explore the possibility of becoming a Tin Pan Alley composer, and he lived a rather seamy and colorful life as a young bachelor in pursuit of liquor and women. He tried to persuade Marks to continue to collaborate with him, and together they considered other large-scale musical projects. Frank Loesser was an occasional collaborator at this time, but the evidence indicates that the more important partnership was with Marks. This chapter refines the “creation myth” that Schuman crafted about these years and analyzes a few of the songs he wrote at this time.
Eleven. World War II and the Prize-Winning Composer
Authors: Swayne Steve
Published: May 2011

With the United States’ entry into World War II, Schuman tried to enlist in the Army Specialist Corps as a music specialist. Schuman failed the physical and was initially disappointed that he would not be able to serve the nation in uniform. His own career, though, was burgeoning. He had already received two Guggenheim Fellowships; he would soon receive the first-ever Town Hall/League of Composers Award, the first-ever New York Music Critics Circle Award, the first-ever Pulitzer Prize in Music, a grant from the National Institute of Arts and Letters, and one of the first American commissions from the Koussevitzky Music Foundation. In addition to his own successes, Schuman's discovery of Robert Shaw and his Collegiate Chorus resulted in one of many collaborative relationships in which Schuman served as mentor to an up-and-coming musician.
Twelve. The Modern Meteor I Sing
Authors: Swayne Steve
Published: May 2011

This chapter continues to trace Schuman's meteoric rise. It begins by revisiting his close relationship with Copland and looks at Schuman's continued belief in musical propaganda. His relationship with Koussevitzky also reappears in this chapter. An aborted commission for a stage work resulted in one of Schuman's most enduring compositions: the song “Orpheus with His Lute.” The chapter concludes with Schuman's decision to leave Sarah Lawrence College to become the director of publications at G. Schirmer Publishers, a decision Schuman quickly rued. Fate would intervene and give Schuman another, more prestigious position from which to disseminate his ideas about music education and contemporary music.
Eighteen. Striking Out
Authors: Swayne Steve
Published: May 2011

Schuman had contemplated writing an opera early in his career as a composer. This chapter explores some of the projects Schuman considered, especially a partnership in 1942 with poet Christopher LaFarge that was underwritten by the Carnegie Corporation and administered by the Metropolitan Opera; a television script by Frank Gilroy that became a Glenn Ford film; and an adaptation of Theodore Dreiser's An American Tragedy. The bulk of this chapter looks at Schuman's first opera, The Mighty Casey, and its journey from idea to completion to performance. This chapter also looks at the piano piece Voyage, which was co-opted by Martha Graham and turned into a dance score (Theatre for a Voyage). In the middle of the 1950s, Schuman left the American Society of Composers, Authors, and Publishers to join Broadcast Music, Inc.; this decision precipitated the termination of his relationship with G. Schirmer as his principal publisher.
Twenty. With an Eye on the Marketplace
Authors: Swayne Steve
Published: May 2011

Schuman's decision to leave Schirmer and to join Theodore Presser meant that his new publisher had very little of his music. Schuman set out to correct this situation by writing a number of shorter choral works that he thought would sell well. In fact, the major success of this period was a reworking of the William Billings Overture, a work that Schirmer had declined to publish. The new version, New England Triptych, quickly became Schuman's best-known composition. And while the more popular-oriented choral works he wrote at this time did not sell particularly well, the more serious Carols of Death was hailed as one of Schuman's best choral compositions. Schuman's other major film score (The Earth Is Born) is also examined in this chapter. This period in Schuman's life finds him trying to write works for the marketplace.
Twenty-Seven. The Death of the Dream
Authors: Swayne Steve
Published: May 2011

This chapter traces the events that led to the end of Schuman's tenure as president of Lincoln Center. His health played a part in his departure, as he suffered from a severe angina attack in the summer of 1968. There were also stresses at home, as his daughter, Andrea, got involved with left-wing organizations at Columbia, which led to her marriage to a young philosophy student there before she had turned twenty. The chapter looks closely at the final weeks of Schuman's tenure and how budgetary concerns led to the elimination of what Schuman felt were key components of the Lincoln Center idea. Schuman put the best face on his firing, calling it a “retirement” and trying to persuade Rockefeller and his colleagues to extend the period between the announcement and the departure. Rockefeller was unmovable, and by the end of 1968, Schuman was gone.
Twenty-Eight. The Administrator Reinvents Himself
Authors: Swayne Steve
Published: May 2011

For the first time in more than 30 years, Schuman had no institutional affiliation. At first, he filled his days with much-needed rest. Soon, however, he was eager to get involved in new projects. One involved the activities of National Educational Television, an organization that had employed Frankie and her skills; another was a start-up business (Videorecord Corporation of America) that was trying to develop video programs for the classroom. Schuman also contemplated writing his memoirs at this time, but he abandoned his efforts and was content to nurture the early lives of two of his institutional children: the Film Society of Lincoln Center and the Chamber Music Society of Lincoln Center. By this time, the new campus for Juilliard at Lincoln Center was ready for occupation, and his relationship with Juilliard president Peter Mennin—already somewhat chilly—took a turn for the worse, in part exacerbated by Schuman's own stubbornness. Schuman undertook trips to Puerto Rico and Japan at this time.
Criminal Law as Public Law
Authors: Thorburn Malcolm
Published: May 2011

This chapter argues that criminal law scholars have tended to draw too close an analogy between the system of criminal law and that of private morality. In place of such a ‘legal moralist’ account, this chapter offers a ‘public law’ account of the criminal justice system, which conceives of the operations of the criminal justice system, insofar as they are legitimate, as concerned with the basic question of public law: when the use of state power is legitimate. Like the new legal moralism of Duff and Gardner, this account is an attempt to justify the workings of the criminal justice system by demonstrating that they are just what is required for us to be true to a set of roles and relationships that have intrinsic value. But the relevant roles and relationships for criminal justice are not those we understand from ordinary morality. Rather, they are the legally defined roles — such as private citizen, police officer, judge, etc. — that we take up within a larger constitutional order that, we could not abolish without abandoning necessary preconditions for our moral life.
Republicanism and the Foundations of Criminal Law
Authors: Dagger Richard
Published: May 2011

This chapter makes a case for the republican tradition in political philosophy as a theory that can provide a rational reconstruction of criminal law. It argues that republicanism offers a reconstruction of criminal law that is both rational and plausible. In particular, it shows that republicanism can help us to make sense of three important features of criminal law: first, the conviction that crime is a public wrong; second, the general pattern of development of criminal law historically; and third, the public nature of criminal law as a cooperative enterprise. To begin, however, it explains what republicanism is and why it is a proper place to look for a rational reconstruction of criminal law.
Responsibility for the Criminal Law
Authors: Ristroph Alice
Published: May 2011

This chapter argues that criminal law theory has been too narrowly focused on the responsibility of the offender for his criminal acts, and seeks to show how other key players in the system — including legislatures, police, prosecutors, and courts — share responsibility for the system of criminal law and how it chooses to treat its subjects. The chapter is organized as follows. First, it identifies some of the distinctive inquiries and methods of a political theory of criminal law. It then turns to the concept of responsibility and offers a revisionist, or perhaps rehabilitated, account of criminal responsibility. On this account, the accused individual does not stand isolated as the responsible agent; instead, criminal responsibility is also a matter of the public and collective agency exercised throughout the processes of criminalization, prosecution, adjudication, and punishment. The concluding section connects the examination of responsibility for the criminal law to questions about responsibility for other forms of bureaucratic violence.
Two Kinds of Retributivism
Authors: Berman Mitchell N
Published: May 2011

This chapter argues that the dominant classificatory framework of theories of punishment that had become orthodox by the latter decades of the 20th century is in peril. That taxonomy was centred on a two-part distinction between consequentialist and retributivist justifications for punishment. Consequentialist theories justify punishment by the good that punishment produces, whereas retributivist theories see punishment as justified by reference to the wrongdoers' supposed ill-desert — the claimed fact that wrongdoers deserve to suffer, or to be punished, or something of this sort. This framework is no longer accurate because retributivism has increasingly morphed into an account that rests upon a justificatory structure that is plainly consequentialist. That is, it seems increasingly fitting to view retributivism as a subtype of consequentialist justifications for punishment — a ‘retributivist consequentialism’ that can be meaningfully contrasted with varieties of ‘non-retributivist consequentialism’ — rather than as an alternative to them. Some will think this a contradiction in terms, that retributivism is non-consequentialist by definition. On this view, ‘retributivist consequentialism’ is oxymoronic. It is argued that that is not so.
Criminal Law and Morality at War
Authors: Haque Adil Ahmad
Published: May 2011

This chapter identifies the moral norms applicable to killing in armed conflict and determine whether and to what extent the law of armed conflict (LOAC) and international criminal law (ICL) track these moral norms, and justifiably or unjustifiably depart from them. Section 1 explores the moral and legal norms governing the killing of civilians not directly participating in hostilities, both as an intended means and as a foreseen side effect. It defends one account of these norms against important philosophical challenges by Thomas Scanlon, Victor Tadros, Frances Kamm, and Jeff McMahan. It argues that these moral norms are best understood and defended using the distinctions drawn in criminal law theory between wrongdoing, justifiability, and justification. The remainder of the chapter examines the moral and legal norms governing the killing of civilians directly participating in hostilities as well as of members of armed forces and organized armed groups. Section 2 identifies the conditions under which individuals lose their moral immunity from direct attack, partly by critically examining an analogy drawn by Jeff McMahan between these conditions and the legal doctrine of criminal complicity.
Events, Phrases, and Questions
Authors: Truswell Robert
Published: May 2011

This book proposes a novel, interface-based analysis of patterns of wh-movement in English in which constraints are stated over both syntactic and semantic representations. Firstly, a theory is presented of the internal structure of events as perceptual and cognitive units. The key question concerns the circumstances in which multiple smaller events, or subevents, can be perceived as jointly forming a single macroevent. Macroevent formation is possible if the subevents in question are perceived as related by one of two contingent relations, namely direct causation and enablement, where the latter is a relation holding among events that form part of an agent's plan. There is no single phrase-structural configuration which corresponds to enablement, so cognitive and semantic representations of event structure differ from syntactic representations of phrase structure in nontrivial ways. Certain patterns of extraction from adjuncts in English are amenable to simple descriptions stated over event-structural units and relations, but exhibit substantial differences from the patterns typically described by syntactic theories of locality. However, syntactic locality theories, as elaborated over the past 50 years, remain essential to an accurate description of the distribution of movement relations. The central challenge addressed by this work is therefore to allow syntactic and nonsyntactic factors to act jointly to constrain the syntactic operation of wh-movement without vitiating necessary assumptions about the modularity of the language faculty.
Nonlinear and nonstationary models
Authors: Teräsvirta Timo , Tjøstheim Dag , Granger W. J.
Published: May 2011

Long memory, unit root models and cointegration are important in linear modelling of nonstationary processes, not the least in econometrics. Recently, nonlinear generalizations of these concepts have been attempted. The framework is mathematically demanding, requiring tools that can handle both nonstationarity and nonlinearity. Two such tools are local times and null recurrent Markov chains. These are reviewed in parametric and non‐parametric cases.
Building nonlinear models
Authors: Teräsvirta Timo , Tjøstheim Dag , Granger W. J.
Published: May 2011

The topic of this chapter is nonlinear model building. Building non‐parametric models is considered first, followed by building various types of parametric nonlinear models. The latter include smooth transition, switching regression, and artificial neural network models. The three stages of model building: specification, estimation and evaluation, are illustrated by a number of empirical examples involving both economic and non‐economic time series and data sets.
The Fight for Inclusion: Non-State Actors and International Law
Authors: Bianchi Andrea
Published: May 2011

This chapter argues that the debate on non-State actors mirrors the difficulties that international law is currently facing in terms of redefining the boundaries of its own discipline. The traditional view, which hinges on the doctrine of subjects and on its flexible reading provided by the ICJ in the Reparation for Injuries case, lays claim to be able to accommodate all necessary adjustments by granting relative personality to additional entities, if the need arises. Yet a widespread sentiment exists, among international lawyers, that the traditional subjects doctrine is no longer able to provide a satisfactory account of the social realities underlying international law. Hence, the need to rethink afresh the fundamental tenets of international law theory, including the doctrine of subjects. Alternative theoretical frameworks have been put forward, but so far they have failed to impose themselves as accepted terms of reference in international legal scholarship. Meanwhile, the discourse about non-State actors continues to be carried out in a myriad of different contexts.
Transnational Democracy
Authors: Bryde Brun-Otto
Published: May 2011

This chapter argues that the international rule of law has to be completed by transnational democracy. This is an imperative both from the perspective of a community-oriented conception of international law and from the perspective of democratic theory. Obviously this is an ambitious agenda: the dogmatic defenders of national sovereignty will challenge even the premises of this approach and there are only very modest beginnings in realizing transnational democracy in practice. It appears even more important to defend the most advanced example of this project — the European Parliament — against its detractors, the most prominent of which is the Second Senate of the Court.
The Responsibility to Protect: Spelling out the Hard Legal Consequences for the UN Security Council and its Members
Authors: Peters Anne
Published: May 2011

Bruno Simma has made important contributions, as a scholar and as a practitioner, both to the legal regimes of the protection of civilians (human rights law, humanitarian law, international criminal law, and refugee law), and to the law on the use of force. The new concept ‘responsibility to protect’ (R2P) constitutes a synthesis of these regimes. This chapter spells out the legal consequences of R2P, postulated as a binding legal principle of international law, for the Security Council and its members. The chapter is a thought experiment, because the binding legal force of R2P is not settled. It is argued that, once R2P is accepted as a fully fledged legal principle, the Security Council (and its members) would be under a legal obligation to authorize, namely to take sufficiently robust action in R2P situations. The chapter then discusses the problems engendered by the acceptance of such a material obligation and suggests a procedural obligation to justify inaction instead.
Individual States as Guardians of Community Interests
Authors: Tams Christian J
Published: May 2011

This chapter addresses a topic that has been one of Bruno's main concerns both as an academic and as a judge: the potential for decentralized responses against infringements of community interests. This is one of international law's perennial topics underlying pieces on obligations erga omnes, actio popularis, and jus cogens, but also humanitarian intervention, third-party countermeasures, and transnational litigation. The chapter provides a broader — and necessarily cursory — perspective on their structural features: what is provided is a comparative evaluation of how the international legal system responds to assertions, by individual States, of a right to defend community interests and thereby to act as guardians of an international public order. It reviews a heterogeneous range of enforcement measures (legal proceedings before international courts, the exercise of national jurisdiction, and forcible as well as non-forcible coercive measures), and takes account of general international law as well as treaty-specific enforcement regimes. The overarching purpose of this exercise is to evaluate the potential, under contemporary international law, for what might be called ‘public interest enforcement’, and to assess the common features and weaknesses of the different legal concepts used to justify it.
Human, All Too Human Rights: Humanitarian Ethics and the Annihilation of Sodom and Gomorrah
Authors: Ben-Naftali Orna
Published: May 2011

Our ideas of justice, core humanitarian principles, and the foundations of human rights are not merely traceable to Biblical narratives, but also endow them with their enduring quality. Thus, it may well be worth our while to re-read and reflect on them. This chapter offers such reflection. Such thought is particularly warranted at times when the validity of basic humanitarian values is challenged. Over the past few years the notion of ‘asymmetric war’ has been advanced to suggest the anachronism of some of the most fundamental humanitarian principles. The story of the destruction of Sodom and Gomorrah, wrought by the archetypal asymmetric use of unconventional force, invites us to reconsider the merits of this suggestion. The basic principles underlying our current jus ad bellum, jus in bello, and jus post bellum regimes are foretold in this story of ‘brimstone and fire . . . out of heaven’. This fire is not a beacon to follow; it is a warning light to beware.
Denunciation of Human Rights Treaties and the Principle of Reciprocity
Authors: Klein Eckart
Published: May 2011

It is generally agreed that human rights treaties have a special character distinguishing them from other treaties. The decisive difference is usually based on the argument that in the context of human rights treaties the principle of reciprocity is not working at all, or at least not in the same way as for other treaties, essentially influencing neither the establishment nor the performance of a human rights treaty. While the problem has been widely discussed under the aspects of reservations, succession, and reprisals, it has rarely been dealt with from the viewpoint of a unilateral termination by denunciation or withdrawal. This chapter focuses on this issue.
Human Security and International Law
Authors: Owada Hisashi
Published: May 2011

The discourse of human security often neglects to situate the concept within the existing international legal order, a linkage which is essential to the realization of human security. Rather, international law is often presented as an obstacle to the realization of human security, or as a separate system, with different goals and motivations. In particular, the legal norm of State sovereignty is often considered a barrier to the full implementation of human security. In examining the development of international law, it becomes apparent that the goals of international law are not distinct from those of human security. The principles underlying human security have been latent in international law and are evolving with increasing dynamism to encompass many of the basic principles of human security.
The Relationship Between Human Rights and the Rights of Aliens and Immigrants
Authors: Pisillo Mazzeschi Riccardo
Published: May 2011

This chapter first briefly describes the traditional international law on the treatment of aliens and immigrants. It then looks in greater detail at the issue of the impact produced on that law by the theory of human rights. It distinguishes between the effect of substitution, on the one hand, and the effect of transformation and modernization, on the other.
New Bearings in Social Rights? The Communications Procedure Under the ICESCR
Authors: Riedel Eibe
Published: May 2011

When the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR) were drawn up in 1966, nearly twenty years of intensive discussion had taken place. It had all started with the Universal Declaration of Human Rights (UDHR) in December 1948, which had embraced all civil, cultural, economic, political, and social rights in one single document, and thereby had stressed that all human rights are universal, indivisible, interdependent, and interrelated. Agreement on this exemplary list of human rights guarantees was made easier by the fact that the legal character of that document was merely a declaration of the United Nations (UN) General Assembly, and no modalities of implementation were contained in that document. As a result, the UDHR could be adopted unanimously, with no votes against and only eight abstentions. For the next twenty years, human rights protection at the universal level depended almost entirely on the few generic UN Charter provisions on human rights.
Self-Determination, Human Rights, and the Attribution of Territory
Authors: N Shaw Malcolm
Published: May 2011

The question of title to territory in international law represents a nuanced relationship between land, people, and the international community or, to put it another way, between the rights of the relevant people and the rights of States within the context of international legal regulation. Between the two extremes of the legal irrelevance of the views and rights of persons within the territory and the simple determinative character of such views, the concept of the attribution of title to territory has evolved through several distinct stages. In each stage the sophistication of the process may be seen as rather more evident than is often proposed.
The Function of Law and the Codification of International Law in a Changing World
Authors: Kamto Maurice
Published: May 2011

The exaltation of the importance, or simply of the real or symbolic use, of legal norms in international relations is reassuring and worrying all at once. It reassures because it reflects a priori a high level of legal development of contemporary international society: is not a commitment to law as the preferred means of regulating social relations an indicator of the degree of socialization and civilization of a community? But it may also cause concern because of a probable overestimation of the role of law in international society. Law means the mandatory rules of conduct. This is a definition from the product, from the result. But one also says that law is the result of power relations in a given society. This is a definition of the law envisaged in terms of the process of its creation. It is through this prism that one can consider codification. Codification involves the mediation of the human will, even if man acted on behalf of the legal abstraction that is the State as a legal person. It is also — maybe even especially — a process of selection between what is considered inappropriate and what is considered effective. This efficiency consists either in that the pertinent norm produces the desired results, or in the potential to achieve these results.
The Community Interest in the Law of Treaties: Ambivalent Conceptions
Authors: Klabbers Jan
Published: May 2011

One of the characteristic elements of the work of Bruno Simma consists of his exploration of the community interest in international law, and perhaps more particularly in the law of treaties. His early article on material breach in the then still pending Vienna Convention on the Law of Treaties (VCLT) already pays some attention to this, and even more so his path-breaking work on objective regimes. This chapter delves a little into the genesis of the VCLT, with a view to exploring whether the founders of the VCLT were aware of several issues and to what extent they aspired to come to terms with them. This is of some relevance, needless to say, since it has become clear that the law of treaties ‘has issues’ when it comes to its application to normative multilateral instruments. In this light, it is potentially valuable to see what the founding fathers thought, and whether the VCLT might be said to contain secret ‘trapdoors’ which would facilitate its application to normative multilateral instruments.
Of Rights and Remedies: Sovereign Immunity and Fundamental Human Rights
Authors: Cannizzaro Enzo , I Bonafé Beatrice
Published: May 2011

The relationship between the legal regime of sovereign immunity and international human rights law has been quite a hot topic in recent years. Not infrequently, domestic courts have been requested to lift sovereign immunity and to determine civil or criminal consequences of conduct allegedly in breach of international rules protecting fundamental values. These requests have prompted a conspicuous, yet not always fully consistent, pattern of case law and an endless scholarly debate. The traditional view tends to maintain that sovereign immunity is expressed by procedural rules, and that therefore such rules are structurally of such a nature as to preclude conflicts with rules prohibiting egregious violations of human rights, which are substantive law by nature. At the other end of the spectrum, some authors have argued that rules granting immunity have the effect of preventing fundamental human rights law from attaining its full effect. Consequently, it is argued, rules of immunity ought to be disregarded on the basis of the superior rank of rules protecting such rights. An infinite variety of intermediate opinions have also been expressed, highlighting either the traditional inter-State character inspiring the rules on immunity, or the universal character of the emerging law of human rights. This chapter analyzes this topic from a particular methodological angle. It maintains that the difficulty in dealing with that issue mainly lies in the asymmetry in the development of the international law of human rights which has created individual substantive rights without creating a corresponding set of remedies.
Competition among International Tribunals and the Authority of the International Court of Justice
Authors: Dupuy Pierre-Marie
Published: May 2011

At a time of globalization reputed to be also a time of a so-called ‘fragmentation’ of international law, it is no doubt true that the absence of coordination between the numerous international jurisdictions existing at the universal and regional levels creates a danger of conflicts of international case laws. In an ideal model of vertical organic integration, the International Court of Justice (ICJ) would statutorily occupy the top of an effective international judicial system, but today this is still not in existence. Even if the ICJ remains the only jurisdiction with general competence, thus giving it an unquestionable moral authority, its primacy over other courts is far from being unquestionable. As a result, when faced with potentially conflicting views from other courts, as is more and more frequently the case, the Court tries to avoid any conflict. General principles of law in the field of the procedural articulation of legal decisions can sometimes be a guide for the Court. However, they cannot in most situations be the basis for the establishment of systematically effective coordination between international judges. Empiricism and ‘courtesy’ between tribunals is thus necessary in order to allow the parties to a dispute adequately to choose the forum conveniens when several area of law are concerned. But, more than that, it is an extremely subjective element therefore fragile, that will best guarantee the coherence of the system, namely the culture of international judges and the extent to which they believe that they are part of one and the same international legal order (Section IV).
International Law in Recession? The Role of International Law When Crisis Hits: Food, Finance, and Climate Change
Authors: Kaufmann Christine
Published: May 2011

This chapter attempts to bring international law back to the table when current crises are addressed in international forums. Given the crisis-inherent urgency and complexity of the problems, a core consensus on the role of international law needs to be established. In essence, international law derives its right to exist from its mandate to protect human dignity. This mandate cannot be suspended in times of crisis. Only its focus will temporarily shift from substantial guarantees to a more process-oriented model of securing participation and inclusion in decision-making.
The International Law Commission's Articles on State Responsibility and the German Federal Constitutional Court
Authors: Schweisfurth Theodor
Published: May 2011

This chapter deals with the critical appraisal of the decision which the Second Senate of the German Federal Constitutional Court (FCC) handed down on 26 October 2004. With respect to the question of the relevance of the International Law Commission's (ILC) Draft Articles on State Responsibility to the practice of UN member States, and especially the practice of their domestic courts, this decision is so far the most important as well as the most problematic decision of the German Federal Constitutional Court.
When the State is the Owner—Some Further Comments on the Court of Justice ‘Golden Shares’ Strategy
Authors: Biondi Andrea
Published: May 2011

This chapter draws on the arguments presented in Chapter 4 and takes the view that the golden shares case law reflects exclusively the desire to reduce state prerogatives in companies. However, even here, the Court of Justice might exaggerate it: as always, the risk is that every action attributable to the state might be caught by its scrutiny, leaving the Member States not enough leeway to act. One should get inspiration from the law on state aids, in particular with reference to the test known as the ‘market investor principle’: the Court will not qualify a loan or an acquisition of equity as ‘aid’ when a private market participant would have acted similarly.
Deviations from Ownership–Control Proportionality—Private Benefits and the Bigger Picture
Authors: Reisberg Arad
Published: May 2011

This chapter comments on the study of the one share/one vote (OSOV) debate presented in Chapter 10. It attempts to clarify some issues by presenting three ‘hidden truths’ revealed by the study. The first ‘hidden truth’ relates to private benefits of control. The second highlights the changing landscape of the business world and the implications this has on the issues discussed. The third interesting issue is the question of what difference it would make if one opted for describing the current situation as one of ‘important changes over time’, or as ‘trends’.
1 Biography vs. Literature, Art, and Criticism
Authors: Junod Karen
Published: May 2011

Chapter 1 presents an overview of biographical writing in eighteenth- and early nineteenth-century Britain, and shows that while the biographies of painters shared many affinities with other contemporary textual lives, such biographies also developed into a specific and separate literary genre. This section also notes the importance of Vasari's Vite and the ways in which this text influenced, and was simultaneously resisted by, British writers. Finally, this chapter discusses the development of connoisseurship in eighteenth- and early nineteenth-century Britain and tackles the question of how far the biographical mode of art-writing responded to, and defined itself against, the connoisseurial and more formal discourse which continued to enjoy high cultural and intellectual status during the period.
4 William Hogarth
Authors: Junod Karen
Published: May 2011

This chapter discusses several biographies of William Hogarth, and explores the nature and function of literary anecdotes in the construction and promotion of the artist's individual and artistic personality. More precisely, this section discusses the spatial qualities of certain anecdotes contained in John Nichols's Biographical Anecdotes of William Hogarth. It argues that literary anecdotes are the most pictorial and visually effective passages of Nichols's biographical account, and thus function as verbal and textual counterparts to Hogarth's pictures. These brief stories represent biographical images in words and contribute to elaborating an image of Hogarth as an artist that is highly reminiscent of his own portraits of characters.
6 George Morland
Authors: Junod Karen
Published: May 2011

This chapter explores the origins and nature of Morland's biographical success. It shows that Morland's generally scandalous lifestyle held real interest for many people, not least because the painter had scorned any social norms to which artists usually adhered. It also argues that Morland's unusualness was the result of interconnected factors which affected both the British art market and literature during this period. Indeed, Morland was active at a time when commercial transactions between painters and clients were undergoing significant changes in Britain. This chapter also argues that Morland's natural genius would not have been so widely reported had it not fed into contemporary debates about artistic creation and invention. His appeal as an unconventional painter would have remained unnoticed had there not been a wider interest among readers in literary figures who dwelt on the margins of society. Morland's eccentricities undoubtedly appealed to contemporary literary sensibilities.
Conclusion
Authors: Junod Karen
Published: May 2011

The conclusion shows that by the early nineteenth century, painters were no longer demoted to the lower echelons of the social and cultural ladder, but were finally granted centre stage in the landscape of the creative arts. Simultaneously, the genre of the artist's life was to develop dramatically in the course of the nineteenth century, and would reach unprecedented popularity. In order to show some of the changes that took place in art-biographical writing between the eighteenth and early nineteenth centuries, this conclusion focuses on William Hazlitt's Conversations with James Northcote. More particularly, Hazlitt's recorded conversations exemplify the shift in art-biographical writing during this period, especially in its personalization and individualization of aesthetics as well as in its emancipation from Continental models.
The Content of International Responsibility
Authors: Tzanakopoulos Antonios
Published: May 2011

This chapter discusses what it means in concrete terms for UN responsibility to have been engaged. It argues that the UN is subject to the normal secondary obligations of cessation of the wrongful act, and of reparation, the forms of which are restitution, compensation, and satisfaction. The chapter first surveys the nature of the obligation of cessation and seeks to distinguish it from the continued duty of performance of the obligation breached, and from the secondary obligation of reparation through restitution. It then goes on to argue that restitution, in particular ‘juridical restitution’ and satisfaction are important forms of reparation as far as UN responsibility for Security Council action is concerned: these forms of reparation obligate that the offending normative act be withdrawn and ensure that no precedent will be established, respectively.
General Conclusion
Authors: Tzanakopoulos Antonios
Published: May 2011

This book has examined how the United Nations Security Council may violate international law via its exercising of power to impose binding non-forcible measures (‘sanctions’) under Article 41 of the UN Charter. Throughout the aim of this study has been to understand the UN as an actor of international law, subjected to rules, and bearing responsibility for their violation. This chapter ends by talking about what comes beyond this study.
Traditional Elegy
Authors: Garner R. Scott
Published: May 2011

Though often assumed to be a product of traditional compositional practices comparable to those found in early Greek epic, archaic elegy has not previously been analyzed in similar detail with respect to such verse‐making techniques. This volume redresses some of this imbalance by exploring several issues related to the production of Greek elegiac poetry. By investigating elegy's metrical partitioning and its localizing patterns of repeated phraseology, This book makes clear that the oral‐formulaic processes lying at the heart of Homeric epic bear close resemblance to those that also originally made archaic elegy possible. Additionally, a close look at the most common metrical ‘anomaly’ in early elegy — epic correption — demonstrates that elegiac poets of the archaic period were not simply mimicking an earlier productive style but were actively engaging with such traditional techniques in order to produce and reproduce their own poems. Because correption exhibits several patterns of employment that depend upon the meshing and adapting of traditional phraseological units, it becomes clear that in elegy — just as in epic — this metrical phenomenon is inextricably entwined with traditional techniques of verse composition, and we therefore have strong evidence that elegiac poets of the archaic period were still making active use of these oral‐formulaic techniques. The implications of such findings are quite large, as they require a wholesale shift in our modern methods of inquiry into elegy for a wide range of concerns of meter, phraseology, and even intended meaning and overall aesthetics.