bluuebunny/crossref_metadata_2025 huggingface dataset:
Heat and temperature distribution in a cladding-pumped, Er: Yb co-doped phosphate fiber
Authors: Kosterin Andrey , Erwin J. Kevin , Fallahi Mahmoud , Mansuripur Masud
Published: November 2004

High-gain-per-unit-length, Er: Yb co-doped, phosphate glass fibers are a new class of active photonic materials. Due to their high concentration of active ions (typically 2–6×1020 cm−3), the generation of heat in these materials is rather severe. To facilitate the design of cladding-pumped, high-power lasers and amplifiers using these materials, we introduce two diagnostic techniques for measuring the total heat and the profile of temperature distribution along the length of an active fiber. Thermal experiments on a 6.0-cm-long piece of cladding-pumped phosphate fiber with Er: Yb doping (3:16 wt %) are conducted, and the results are compared with indirect estimates of total heat by scattered light measurements using a power-balance argument. The difference between the two methods is about 8.0%. Even at low pump powers, the temperature of the core (without heat-sinking) is found to be a large fraction of the glass transition temperature. The temperature distribution along the length of the fiber is found to be relatively flat compared with the absorption profile. Our thermal diagnostic tools yield valuable information that can be used to optimize the design of fiber lasers and amplifiers.
A device to investigate the axial strain dependence of the critical current density in superconductors
Authors: Godeke A. , Dhalle M. , Morelli A. , Stobbelaar L. , van Weeren H. , van Eck H. J. N. , Abbas W. , Nijhuis A. , den Ouden A. , ten Haken B.
Published: November 2004

We have developed an instrument to study the behavior of the critical current density (Jc) in superconducting wires and tapes as a function of field (μ0H), temperature (T), and axial applied strain (εa). The apparatus is an improvement of similar devices that have been successfully used in our institute for over a decade. It encompasses specific advantages such as a simple sample layout, a well defined and homogeneous strain application, the possibility of investigating large compressive strains and the option of simple temperature variation, while improving the main drawback in our previous systems by increasing the investigated sample length by approximately a factor of 10. The increase in length is achieved via a design change from a straight beam section to an initially curved beam, placed perpendicular to the applied field axis in the limited diameter of a high field magnet bore. This article describes in detail the mechanical design of the device and its calibrations. Additionally initial Jc(εa) data, measured at liquid helium temperature, are presented for a bronze processed and for a powder-in-tube Nb3Sn superconducting wire. Comparisons are made with earlier characterizations, indicating consistent behavior of the instrument. The improved voltage resolution, resulting from the increased sample length, enables Jc determinations at an electric field criterion Ec=10 μV/m, which is substantially lower than a criterion of Ec=100 μV/m which was possible in our previous systems.
Improved efficiency of a hybrid CO2 laser as a result of increased TEM00 mode filling factor
Authors: Kumar Aniruddha , Nilaya J. Padma , Biswas Dhruba J.
Published: November 2004

Considerable improvement in the operating efficiency of a hybrid CO2 laser has been achieved by increasing the TEM00 mode filling factor in the TEA section. The usage of helium-free gas mixture in the TEA section restricted the width of the glow discharge to the central zone in the interelectrode region allowing the oscillating TEM00 mode to experience a higher gain in the TEA section resulting in an improved performance of the laser.
A magnetoelasticity instrument for testing the mechanical properties of ferromagnetic materials
Authors: Xin Qi , Ling Hou Zhi , Long Tian Jian
Published: November 2004

Magnetoelasticity noise is the electromagnetic energy and sound energy released at the surface of ferromagnetic materials due to the movement of the magnetic domain walls inside the material when the material is magnetized by an alternating magnetic field. The electromagnetic energy and sound energy are released simultaneously and interact with each other. These energies carry many characteristics of the material, such as the electromagnetic character, the mechanical character, the material character, etc., and thus can be used to test these characteristics of the material. Based on this theory, an instrument for testing the stresses in ferromagnetic materials is developed in this article. The theory and the structure of the instrument are introduced. The experiment for testing the one-dimensional and two-dimensional stresses in ferromagnetic materials and the analysis of the fatigue damages are carried out. It is a portable instrument and can be used on the field. The outcomes of the test fit quite well with those obtained by the x-ray method.
Human cytomegalovirus encodes a highly specific RANTES decoy receptor
Authors: Wang Dai , Bresnahan Wade , Shenk Thomas
Published: November 2004

The human cytomegalovirus pUL21.5 protein is a small, secreted glycoprotein whose mRNA is packaged into virions. We demonstrate that pUL21.5 protein is a soluble CC chemokine receptor that functions as a decoy to modulate the host immune response to infection. In contrast to other viral chemokine-binding proteins, which interact promiscuously with multiple chemokines, pUL21.5 selectively binds RANTES (regulated upon activation, normal T cell expressed and secreted) with high affinity. By binding RANTES, pUL21.5 blocks RANTES interaction with its cellular receptors. We propose that human cytomegalovirus directs the synthesis of a secreted, virus-coded protein that modulates the host antiviral response even before the newly infecting viral genome becomes transcriptionally active.
Aeschylus, Eumenides 174–8
Authors: Georgantzoglou N.
Published: November 2004

The difficulty in this antistrophe is found mainly in its last line and is caused by ⋯κε⋯νου which, as it stands, does not make sense and is also unmetrical (⌣––, instead of the required –⌣–, cf. the last line [172] of the strophe). It is noticeable on the other hand that the basic meaning of the antistrophe is not really affected by omitting †⋯κε⋯νου†, and it looks as though the scholia did not pay any attention to it in commenting (on ἕτερον ⋯ν κάρᾳ) as follows: .
Restorations in Livy 9.40: A Reassessment
Authors: Northwood S. J.
Published: November 2004

In 1918 Conway and Walters published a restoration of Livy 9.40.3. The passage in question describes how the Samnite army of 310 was composed of two differently equipped corps.
On the construction of the ‘Syracusia’ (Athenaeus V. 207 A-B)
Authors: Meijer Fik , Wegener Sleeswyk André
Published: November 2004

It is perhaps significant that one of the more informative texts on ancient shipbuilding predates the period in which Greco-Roman shipping flourished. It is Homer's description of how Odysseus built a ship () on the island of the nymph Calypso, with which he intended to return to his native island of Ithaca (Od. 5.244–57). The text is of exceptional interest because it gives as early as the eighth century B.C. a stepby- step description of the tenon-and-dowel ‘shell-first’ method typical of Greco- Roman ship-building, which has been so amply confirmed in the last few decades by underwater archaeology in the Mediterranean.
Iliad 7.293ff.
Authors: Jacobson Howard
Published: November 2004

Wordplay involving names is routine in Homer. Less common, but not rare, is wordplay that does not have anything to do with names. Thus, at Iliad 1.290f. there is a play on ; at 24.611 an implicit play on (people)/ (stone); at Odyssey 12.45–46 a possible play on .
Interpreting Plato's dialogues
Authors: Corlett J. Angelo
Published: November 2004

The history of scholarship, philosophical or otherwise, about Plato and his writings reveals a quandary pertaining to the interpretation of the contents of Plato's dialogues. To understand Plato one must come to terms with this problem: how ought Plato's writings to be interpreted?
Love and death: Laodamia and Protesilaus in Catullus, Propertius, and others
Authors: Lyne R. O. A. M.
Published: November 2004

In one form or another an elevated, pleasure-transcending view of love is common, we might say natural. For readers of Latin poetry Catullus is perhaps the most impressive spokesman. In many respects, of course, Catullus is special. His particular values and choice of terminology, in his time and situation, mark him out from his crowd; in the Roman world indeed, ‘whole love’, perhaps rather its utterance, is hard to document before him. But a belief that love is powerful and profound, an important if not the most important thing in life, this is not a rarity. Roman tombstones attest to love and devotion, and myths inherited from Greece enshrine love's power, endurance, and transcendence.
Two notes on Greek dithyrambic poetry
Authors: Hordern J. H.
Published: November 2004

The fragment is preserved in two sources, Clement of Alexandria's Miscellanies, Strom. 5.14.112 (ii.402 Stählin), which gives the order of words printed above, and Eusebius' Praep. Evang. 13.680c, in which the second line is given as . The latter reading was preferred by Bergk, but there seems at first little reason to prefer one order over the other. I shall return to this issue shortly.
Nam unguentum dabo: Catullus 13 and Servius’ note on Phaon (Aeneid 3.279)
Authors: Kilpatrick Ross S.
Published: November 2004

Catullus' cunning dinner invitation to Fabullus continues to generate a rich variety of interpretations of its memorable central image, the promised gift of a certain unguentum Veneris (13.12). Three Latomus articles, by Littman, Hallett, and Case, have explored possible origins of and uses for that mysterious substance, suggesting, for example, that it might even contain female secretions with powerful aphrodisiac properties, or some other unmentionable sexual lubricant.
The lark ascending: Corydon, Corydon (Vergil, Ecl. 7.70)
Authors: Harrison S. J.
Published: November 2004

At the end of the singing contest of Thyrsis and Corydon in the seventh Eclogue, the narrator Meliboeus summarizes its result in the poem's last lines (69–70):
The chronology of Nicomachus of Gerasa
Authors: Criddle A. H.
Published: November 2004

The relative and absolute chronology of Middle Platonic philosophy is often uncertain, causing problems in connecting a philosopher either to other philosophers or to the surrounding culture.
Plato, Carneades, and Cicero's Philus (Cicero, Rep. 3.8–31)
Authors: Hahm David E.
Published: November 2004

The centrepiece of Cicero's De re publica is a discussion of justice (Book 3). This discussion, which evokes the theme of the Platonic dialogue after which it was named, consists of a set of three speeches. It begins with a speech opposing justice, placed in the mouth of L. Furius Philus and alleged by him to be modelled on the second of a pair of speeches for and against justice delivered in Rome in 155 B.C. by the Greek Academic philosopher Carneades (Rep. 3.8–31 [8–29 B]). Philus' speech lays the dialectical foundation for the two subsequent speeches, a defence of justice as the prerequisite for government by C. Laelius (Rep. 3.32–41 [30–41 B]), and an explanation of its role in various forms of government by Scipio Aemilianus (Rep. 3.42–8).
Further critical notes on Euripides' Hippolytus
Authors: Willink C. W.
Published: November 2004

29–33. Phaedra's ἒρως must at first (at Athens) have been without betraying symptoms, by contrast with the change at Trozen to symptoms of νόσος (still unexplained) as described in 34–40. We need to be told that explicitly, in preparation (μέν) for 34ff. (ἐπєὶδὲ…) and in conjunction with the potentially revealing foundation of a temple to Aphrodite. We therefore need not only Jortin's ὀνομάσουσιν for ὠνόμαζєν in 33, but also my ἂδηλον for ἒκδηλον (v.l. ἒκδηλον) in 32. The nearby ἒκδηλον in 37 will have played a part in the corruption.
A note on the Vita Aesopi, recension G, 69–70
Authors: Battezzato Luigi
Published: November 2004

The recension G of the Vita Aesopi has received a fair amount of attention after the editio princeps by Perry. In recent years, Papathomopoulos and Ferrari have emended scores of corrupt passages in their fine editions. I will offer only one note, dealing with a section that has been left unclear.
Why the order of the figures of the hypothetical syllogisms was changed
Authors: Bobzien Susanne
Published: November 2004

In chapter 6 of Alcinous’ Handbook of Platonism we find a discussion of categorical, hypothetical, and mixed syllogisms. Alcinous distinguishes three figures of the hypothetical syllogism, and illustrates each figure with a syllogism based on an argument from Plato. Here he remarks in passing that most people called the second hypothetical figure the third and that some called the third figure the second. We may assume that those who called the third figure the second and those who called the second the third were the same. In a parallel passage, Alexander of Aphrodisias advocates the same ordering of figures of hypothetical syllogisms as Alcinous, and reports that Theophrastus, in the first book of his Analytics, had the second and third figure in reverse order. Combining these passages, we can infer that at the turn of the second century A.D. there existed two different views on the ordering of the figures of the hypothetical syllogisms, of which one goes back to Theophrastus, whereas the other presumably was the result of a later change.
Two unidentified senators in Josephus, A.J 19
Authors: Birley A. R.
Published: November 2004

Names of Romans in Josephus are notoriously liable to corruption. Two minor characters in his account of the assassination of Caligula have so far defied plausible emendation, ‘Timidius’ in A.J. 19.33–4 and ‘Bathybius’ in 19.91. The sources of Josephus’ account of this dramatic episode were unquestionably high class—two, rather than one, Latin historians, as Wiseman has demonstrated, the main one (rather than the only one) being Cluvius Rufus, the other possibly Fabius Rusticus.
“Anticipatory Obedience” and the Nazi Implementation of the Holocaust in the Ukraine: A Case Study of Central and Peripheral Forces in the Generalbezirk Zhytomyr, 1941–1944
Authors: Lower Wendy
Published: November 2004

Numerous recent studies of the Holocaust as it occurred in the occupied Soviet territories have shifted attention from the central German leadership to the role of regional officials and administrators. The following case study offers an example of the ways central Nazi leaders directly and indirectly shaped the Holocaust at the regional level. In Zhytomyr the presence of Himmler, Hitler, and their SS-Police retinues created a unique setting in which the interaction of center and periphery can be traced. On this basis the author argues for the reconsideration of Berlin's role in regional events generally.
Target Auschwitz: Historical and Hypothetical German Responses to Allied Attack
Authors: White Joseph Robert
Published: November 2004

Even a successful Allied bombing campaign against the killing center at Auschwitz-Birkenau probably would not have crippled the “Final Solution.” After detailing the Allied campaign against the neighboring IG Farben chemical plant (IG Auschwitz) and Auschwitz's defensive preparations, the following article argues on the basis of three factors that Nazi genocide would have continued at a ghastly pace: SS reaction to previous bombings, then-recent innovations in killing and victim-disposal systems, and the character of the Auschwitz leadership in the summer of 1944.
Women and the Holocaust: Four Recent Titles
Authors: Grossmann Atina
Published: November 2004

Double Jeopardy: Gender and the Holocaust, Judith Tydor Baumel (London: Vallentine Mitchell, 1998), 320 pp., $52.50.

Women's Holocaust Writing: Memory and Imagination, S. Lillian Kremer (Lincoln: University of Nebraska Press, 1999), 278 pp., $45.00.

Women and the Holocaust: Narrative and Representation, vol. 22 of Studies in the Shoah, Esther Fuchs, ed. (Lanham, MD: University Press of America, 1999), 168 pp., $47.00.

Facing Fascism and Confronting the Past: German Women Writers from Weimar to the Present, Elke P. Frederiksen and Martha Kaarsberg Wallach, eds. (Albany: State University of New York Press, 2000), 388 pp., $29.95.
The Ambivalence of Italian Antisemitism: Fascism, Nationalism, and Racism in Trieste
Authors: Hametz Maura E.
Published: November 2004

The film Life Is Beautiful presented a fantastic vision of the Italian experience of the Holocaust. Emphasizing Italians' mischievous love of life and inherent humanity amidst violence perpetrated by others—generally Germans or misguided Fascists—it perpetuated a stereotype of “good Italians” that pervades the popular media and infuses scholarship as well. This image, combined with the fact that eighty-five percent of Italian Jews survived the Holocaust, has helped Italians to avoid censure for involvement in the persecution of Jews. Yet Fascist racial policies and attitudes had a devastating effect on Italy's Jewish communities. In the case of Trieste, by May 1945 only ten percent of the city's prewar Jewish population remained there.
Corporations In International Litigation: Problems of Jurisdiction and the United Kingdom Asbestos Cases
Authors: Muchlinski Peter
Published: November 2004

In his seminal workThe Multinational Challenge to Corporation LawProfessor Phillip Blumberg assets that, “jurisdiction continues to be one of the most litigated areas involving the clash of enterprise and entity.”1Indeed, in a world where business is increasingly conducted through the medium of economically integrated multinational enterprises (MNEs), the question of whether a forum has jurisdiction over disputes arising out of the operations of non-resident entities of the MNE brings into contrast the mismatch between the territorial reach of the legal system and the transnational reach of the enterprise. In terms of corporation law this raises the further matter of whether, and how far, the legal organisation of the MNE into distinct legal entities, in distinct legal jurisdictions, should affect the applicable rules of private international law as to the reach and scope of forum jurisdiction. Such issues have recently been aired before the English courts in a series of cases, arising out of the asbestos mining and milling operations of the British based MNE Cape plc in South Africa, which culminated in a judgment given by the House of Lords on 20 July 2000. It is the purpose of this paper to explore the issues of jurisdiction over non-resident entities of MNEs, first, through an examination of these cases in the light of Cape's industrial and management structure. It is striking how little such matters are addressed in the Anglo-American legal literature pertaining to private international law. Rather than considering the economic realities of the cases in issue, and developing new doctrines to deal with them, lawyers have tended to rely on legal concepts—in particular, the territorial nature of legal jurisdiction and the single unit corporate form—to lead them to often unsatisfactory results that would appear to a lay person not to accord with justice. A clearer understanding of the economic realities of group operations thus seems essential for the development of law in this area.
The Representation of Women in Politics: From Quotas to Parity in Elections
Authors: Lenoir Noëlle
Published: November 2004

Although the Republic in France is traditionally represented by the image of Marianne, this symbol is far from illustrating the role played by women in public life. The fact is that in terms of women's representation in politics, France still shares with Greece the bottom place in the European Union. And this is one of the great paradoxes that foreign observers like to highlight in France.
Principles of International Law in The WTO Dispute Settlement Body
Authors: Cameron James , Gray Kevin R.
Published: November 2004

Unlike the original 1947 General Agreement on Tariffs and trade (GATT), the 1994 Agreement establishing the World Trade Organization (WTO Agreement)1covers a much wider range of trade. It extends beyond goods and now embraces services, intellectual property, procurement, investment and agriculture. Moreover, the new trade regime is no longer a collection of ad hoc agreements, Panel reports and understandings of the parties. All trade obligations are subsumed under the umbrella of the WTO, of which all parties are members. Member States have to accept the obligations contained in all the WTO covered agreements: they cannot pick and choose.
The Bridge on the Strait of Messina: “Lowering” the Right of Innocent Passage?
Authors: Spadi Fabio
Published: November 2004

The Strait of Messina is a body of water in the Mediterranean Sea separating the island of Sicily to the west from mainland Italy to the east, linking the Lower Tyrrhenian Sea with the Ionian Sea. The strait is around 30 miles long and its width ranges from 13/4 miles (between Faro Point and the Rock of Scylla) to 10 miles (between Cape Alì and Cape Pellaro). At its northern end it reaches, at one point, a minimum depth of 70 metres.1
II. Command Responsibility and the Blaskic Case
Authors: Evans Malcolm D. , Sarooshi Danesh
Published: November 2004

A disturbing feature of the conflict in the former Yugoslavia was the extent to which civilians were the target of military attacks by all three of the armed forces of the main ethnic communities. It was the military attacks by the armed forces of one of these ethnic communities—the Bosnian Croats (HZHB)—against Bosnian Muslim civilians and associated events in the Lasva Valley region of Central Bosnia from May 1992 to January 1994 that led to the indictment and eventual conviction of General Tihomir Blaskic.
Private International Law: Change Or Decay?
Authors: North Peter
Published: November 2004

The aim of this article is to survey the private international law scene in a number of regards, tracing developments in this country over recent decades, offering some thoughts on how such changes have come about and on their impact, concluding with an element of crystal gazing for the future. The turn of the century, to say nothing of the millennium, is as good a time as any to reflect on these developments. How then has the subject changed since the end of the nineteenth century? A useful, though unsophisticated, yardstick with which to start is to look at the approaches of the two major English books on the subject and to see how their coverage of different aspects of the subject has changed over the decades.
II. Human Rights
Authors: McMahon Joe , Betten Lammy
Published: November 2004

At the Nice Summit in December 2000, Europe's political leaders adopted the much-discussed EU Charter on Fundamental Rights in the form of a legally non-binding political declaration. It is the second such instrument in relation to human rights protection.1The Presidency Conclusions to both the 1999 Cologne and Tampere Summits ordered the preparation of a draft Charter which was to be solemnly proclaimed by the European Parliament, the Commission and Council at the Nice Summit.2It was only after that fact that “It will … have to be considered whether and, if so, how the Charter should be integrated into the treaties.”3
Judicial Review in ec Law—Some Reflections on the Origins and the Actual Legal Situation
Authors: Schwarze Jürgen
Published: November 2004

The extent to which judicial review is granted and effectively exercised is a key element for the evaluation of any modern legal system. The principle of judicial review provides a basic protection for individuals and prevents those exercising public functions from abusing their powers to the disadvantage of the public. During the last quarter of the twentieth century, the circumstances in which the courts in the United Kingdom have been prepared to intervene in order to provide relief for unlawful administrative action have expanded in spectacular fashion.2The incorporation in the UK of the European Convention on Human Rights on 2 October 2000 in the UK marks a significant change in this field.
Global Doctrine and Local Knowledge: Law in South East Asia
Authors: Harding Andrew
Published: November 2004

The relationship between the global and the local is one of critical importance to all regions of the world. In the resolution of the tension between the irresistible surge of globalisation and the undeniable facts of society as it actually exists in the various localities which together comprise the very world which is presumably the object or the subject-matter of globalisation, law lies at the forefront. It is, one might say, the very intellectual battlefield which we have selected for the resolution of the major problem facing human society at the turn of the century. The purpose of this article is therefore to investigate, in a somewhat narrative fashion the relationship between the global and the local in the context of law in South East Asia. The topic is clearly too large to be dealt with in a short space with the rigour and articulation it really deserves, but it is hoped that the approach adopted will provide some kind of a frame of reference for regarding, studying, and hopefully improving, the law in the South East Asian region; and will perhaps focus a pencil of light on the problems of the global and the local in this particular regional context.
Terrorism, The use of Force and International Law After 11 September
Authors: Byers Michael
Published: November 2004

The United States response to the terrorist attacks of 11 September 2001 was encouraging for those who worry about a tendency towards unilateralism on the part of the single super-power. The US deliberately engaged a number of international organisations and built an extensive coalition of supporting States before engaging in military action.
A New International Regime for the Protection of Underwater Cultural Heritage
Authors: Forrest Craig
Published: November 2004

In November 2001, a new weapon was added to the United Nations Educational, Scientific and Cultural Organisation's2arsenal used to protect and preserve the world's cultural heritage, in the form of the Convention on the Protection of the Underwater Cultural Heritage.3This Convention, while not yet in force, will complement UNESCO's three other heritage conventions, the 1954 Hague Convention on the Protection of Cultural Heritage in the Event of Armed Conflict,4the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (1971)5and the 1972 Convention concerning the Protection of the World Cultural and Natural Heritage.6
The Brussels II Regulation: How the European Community has Moved into Family Law
Authors: McEleavy Peter
Published: November 2004

On 1 March 2001Council Regulation (EC) No 1347/2000 of 29 May 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters and in Matters of Parental Responsibility for Children of both Spouses(Brussels II) entered into force.1In the United Kingdom at least this significant step went relatively unnoticed. Nevertheless, the Regulation marks a new departure for the European Community and is likely to be but the first in a series of instruments dealing with family law issues. This article will use an analysis of the evolution of the Brussels II initiative to explore how and why the European Community has been able to move into an area not innately associated with traditional European goals.2It will then reflect on the wider impact of the Regulation and any future initiatives for private international law and family law in Europe.
III. Law and Environmental Governance in the EU
Authors: McMahon Joe , Scott Joanne
Published: November 2004

In December 1999, in Helsinki, the European Council requested the Commission ‘to prepare a proposal for a long-term strategy dovetailing policies for economically, socially and ecologically sustainable development’. The Commission presented this proposal to the Gothenburg European Council in June 2001,1 resulting in the launch of the European Union's strategy for sustainable development.2 In keeping with the resolution that the annual spring European Council take on board responsibility for reviewing progress in developing and implementing the sustainable development strategy, and for offering further policy guidance to promote sustainable development, the Barcelona Presidency conclusions place emphasis upon the internal and external aspects of sustainable development, including the environmental dimension thereof.3 Looking at these documents,4 it is readily apparent that the political profile of sustainable development has been raised over the last year, with the European Council coming to play an important leadership function. Looking more closely at these, and other core documents, it is clear that the theme of environmental governance is very much to the fore, and that a number of strands emerge as crucial to European Union thinking in this respect. This short survey note will highlight a number of these strands, examining them within the framework of more general developments concerning ‘governance’ in the EU, and in particular in the light of the Commission's White Paper on governance issued in the summer of 2001.5 Four broad, and often overlapping, dimensions will be discussed in turn: integration, monitoring/evaluation, participation, and instruments for environmental protection.
The NewLex Mercatoria:International Interests in Mobile Equipment
Authors: Davies Iwan
Published: November 2004

Historically, the trend towards the harmonisation of commercial laws has been concerned either with the creation of a regime dealing with international transactions while preserving the identity of national laws or alternatively the emergence of supranational entities where the focus has been upon progressing a common market or political or economic grouping. The legal instruments that have promoted harmonisation1have mainly revolved around a model law such as the UNCITRAL Model Law on International Commercial Arbitration (1985) or those instruments that deal with international commercial contracts and depend for their application on incorporation into contracts. Clearly there are limits on the effectiveness of international proposals for contractual incorporation. By definition, they are not mandatory and for them to have any realistic effect there must exist a considerable degree of homogeneity in commercial practice as seen, for example, with documentary letters of credit.2In addition, contractual mechanisms have mainly aninter-partesdimension3and are not therefore apt to deal with third party rights including the recognition and enforcement of international security interests.
Some Issues for Sentencing in the International Criminal Court
Authors: Henham Ralph
Published: November 2004

The purpose of this paper is to raise several significant issues for debate which concern the sentencing of offenders to be convicted in the newly established International Criminal Court (ICC). Such has been the impact of the terrorist attacks in New York and Washington that they have thrown into sharp focus critical deficiencies in the purpose, coherence and practical mechanisms developed for sentencing in the ICC.1Not only did such events suggest a greater immediacy for the ICC, but also, more significantly, a realisation that crimes of this magnitude, loaded with so many ideological and political interests and crying out for a ‘just’ resolution, place the role of the international sentencer at the forefront of the debate.
Access to Court v State Immunity
Authors: Voyiakis Emmanuel
Published: November 2004

This comment discusses three recent judgments of the European Court of Human Rights in the cases ofMcElhinney v Ireland, Al-Adsani v UK,andFogarty v UK. All three applications concerned the dismissal by the courts of the respondent States of claims against a third State on the ground of that State's immunity from suit. They thus raised important questions about the relation the European Convention on Human Rights (the Convention)—especially the right to a fair trial and access to court enshrined in Arcticle 6(1)—and the law of State immunity.
Attitudes to Polygamy in English Law
Authors: Shah Prakash A
Published: November 2004

This article documents and discusses recent developments in English law towards polygamy. It begins by introducing the question of the legal treatment of polygamy in the Afro-Asian context, and discussing the consequences that colonial and post-colonial developments may have had on the character (or visibility) of English case law on the subject. The article then turns to the examination of English developments in response to different phases of non-European immigration
Institutional Developments within the Antarctic Treaty System
Authors: Scott Karen
Published: November 2004

In July 2001, 40 years after the entry into force of the 1959 Antarctic Treaty, the Antarctic Treaty Consultative Parties (ATCPs) decided to establish a Permanent Secretariat to the Treaty. This latest development within what has been described as ‘an evolving international institutional structure’ will undoubtedly serve to strengthen the Treaty, as well as provide support for the wider Antarctic system, in particular, the 1991 Environmental Protocol. Its impact within the wider environmental institutional context will depend to an extent upon the grant of legal personality to the secretariat, and the definition of its functions, rights and privileges. Described as an historic and landmark decision, the establishment of a permanent secretariat has the potential indirectly to provide an additional line of defence in the fight to preserve and protect the Antarctic environment. The purpose of this article is to consider the future impact of, and issues relating to, this significant institutional development.
I. The Community's External Competence: Air Transport Services
Authors: Greaves Rosa
Published: November 2004

In 2001 the European Commission (‘the Commission’) published a long-expected White Paper entitled ‘European Transport Policy for 2010: Time to Decide’1 where it set out its vision for the transport industry for the immediate future. In the section dealing with the enlarged Europe and the globalisation of transport the Commission noted that:
Positive Action to Promote Women in Politics: Some European Comparisons
Authors: Russell Meg , O'Cinneide Colm
Published: November 2004

The issue of women's under-representation in politics continues to be controversial and pressing in countries all over the world. According to the Inter Parliamentary Union, only 14.7 per cent of the world's legislators are women.1 In no country do women achieve parity with men in terms of parliamentary representation. The record of many of the world's most developed countries is particularly poor. Looking at lower houses of the legislature, in the US women's representation is only 14 per cent, in the UK 18 per cent, France 12 per cent and Italy 10 per cent. These countries are considerably out-performed by others such as South Africa and Argentina, both at 30 per cent.2
Enlarging ‘Fortress Europe’: Eu Accession, Asylum, and Immigration in Candidate Countries
Authors: Phuong Catherine
Published: November 2004

The European Union is soon to be composed of twenty-seven Member States. The first wave of enlargement is to take place in 2004 and may see the accession of Cyprus, the Czech Republic, Hungary, Malta, Poland, Slovakia, Slovenia, and the three Baltic states. A few years later, Bulgaria and Romania are also expected to join the EU. Although previous enlargements have taken place,2the imminent accession of ten countries, mainly from Central and Eastern Europe, is unprecedented not only in terms of scale, but also for its political symbolism: for these states, EU membership confirms the success of their democratic and economic transition efforts and represents their (re-)integration to the European family after decades of isolation under the Soviet domination.
IV. Sovereignty Over Pulau Ligitan and Pulau Sipadan (Indonesia V Malaysia), Merits, Judgment of 17 December
Authors: Evans Malcom D , Merrills JG
Published: November 2004

On 17 December 2002 the International Court gave its judgment in a dispute over two small islands in the Celebes Sea claimed by both Indonesia and Malaysia. The islands in question, Ligitan and Sipadan, are located off the north-east coast of Borneo and lie approximately 15.5 nautical miles apart. Both are very small and Ligitan is uninhabited; Sipadan, on the other hand, was developed by Malaysia into a tourist resort for scuba diving in the 1980s. In 1998 Indonesia and Malaysia referred the dispute to the Court by means of a Special Agreement, asking for a decision ‘on the basis of the treaties, agreements and any other evidence furnished by the Parties’ on whether sovereignty over the islands belonged to Indonesia or to Malaysia.
Protecting the Interests of Civil Society in Community Decision—Making—the Limits of Article 230 EC
Authors: Cygan Adam
Published: November 2004

In the Commission's White Paper on European Governance1and the subsequent Laeken2Declaration, the participation of civil society in the Community method of decision-making was viewed as the primary way of engaging directly with EU citizens. The White Paper accepts that participatory democracy is created from the bottom up by ‘groups of people dedicated to the disinterested search for the public interest in society’.3This statement recognises that participation goes beyond the pre-legislative lobbying process. It suggests that the representation and protection of citizens' interests requiresex postjudicial protection in circumstances where the legislative measure breaches fundamental rights or if its application infringes principles of procedural propriety. The only vehicle for such judicial protection at the Community level is paragraph 4 of Article 230 EC, which already provides recourse to individuals who are ‘directly and individually concerned’ by an act of the institutions. Direct actions under Article 230 EC are preferable to the indirect protection available in national courts when a preliminary reference can be made under Article 234 EC. This is because national courts cannot declare a Community measure as being invalid or provide a remedy against the Commission. Despite these deficiencies with domestic enforcement actions, the Court's judgments have been consistently of the view that the granting of locus standi under Article 230 EC should be narrowly construed and most significantly does not extend to judicial review actions by representative groups. This is in stark contrast to the practice within the domestic courts of Member States where proxy actions have, in recent years, been encouraged.
Guantanamo Bay: The Legal Black Hole1
Authors: Steyn Johan
Published: November 2004

The most powerful democracy is detaining hundreds of suspected foot soldiers of the Taliban in a legal black hole at the United States naval base at Guantanamo Bay, where they await trial on capital charges by military tribunals. This episode must be put in context. Democracies must defend themselves. Democracies are entitled to try officers and soldiers of enemy forces for war crimes. But it is a recurring theme in history that in times of war, armed conflict, or perceived national danger, even liberal democracies adopt measures infringing human rights in ways that are wholly disproportionate to the crisis. One tool at hand is detention without charge or trial, that is, executive detention. Ill-conceived rushed legislation is passed granting excessive powers to executive governments which compromise the rights and liberties of individuals beyond the exigencies of the situation. Often the loss of liberty is permanent. Executive branches of government, faced with a perceived emergency, often resort to excessive measures. The litany of grave abuses of power by liberal democratic governments is too long to recount, but in order to understand and to hold governments to account, we do well to take intoaccount the circles of history.
Penalty Clauses In England And France: A Comparative Study
Authors: Miller Lucinda
Published: November 2004

The study of penalty clauses1is a rewarding area of comparative research. The most cursory of examinations reveals the diametrically opposed theoretical positions of contemporary legal orthodoxy in France and England. Asearch for the rationale behind this theoretical divergence gives insight not only into the broader conceptual and substantive differences between the two jurisdictions, but, importantly, their many similarities as well.
The Road Ahead for the Common Law
Authors: Cooke Robin
Published: November 2004

In the 1996 Hamlyn Lectures, under the title Turning Points of the Common Law, I examined four great cases where the House of Lords set the law of England, and consequently the law of most of the English-speaking world, on a new course by reversing decisions of the courts below. They were Salomon v Salomon & Co Ltd1 (insistence on separate identities of company and controlling shareholder); Woolmington v Director of Public Prosecutions2 (discovery of a golden thread about onus of proof in English criminal law); Hedley Byrne & Co Ltd v Heller3 (qualified acceptance of duty of care in tort to safeguard against economic damage); and Anisminic Ltd v Foreign Compensation Commission4 (affirmation that material errors of law by administrative bodies are alwaysredressible by courts).
PROVIDING A CONSTITUTIONAL FRAMEWORK FOR WITHDRAWAL FROM THE EU: ARTICLE 59 OF THE DRAFT EUROPEAN CONSTITUTION
Authors: Raymond J Friel
Published: November 2004

After almost 50 years in existence in a variety of different forms, the EU finally has an express proposal on the table dealing with the potential withdrawal of a Member State. Article 59 of the draft Constitution states that any Member State may now ‘decide to withdraw from the European Union in accordance with its own constitutional requirements’.1The Member State would have to formally notify the European Council of this decision. The Council and the Member State would then enter into negotiations on a mutually agreeable basis for withdrawal, including a framework for the future relationship between the EU and the Member State. The results of this negotiation would require approval by a qualified majority of the Council after obtaining the consent of the European Parliament.2In any event, withdrawal would occur not later than two years following the notification unless extended by agreement between the Member State and the European Council.3
CURRENT DEVELOPMENTS: III. INTELLECTUAL PROPERTY
Authors: Seville Catherine
Published: November 2004

EC intellectual property law has now reached a significant level of harmonization, and the Community can take pride in its achievements in this respect. The need to report a wealth of new matters leaves little space for introduction. However, two issues may be highlighted here briefly. The first is that in May 2004 ten new Member States will join the EU. Although enlargement offers immense opportunities, it also presents a considerable practical challenge. The second is the Commission's plan for a directive to harmonize procedure and remedies for intellectual property infringement throughout the EU.1It seeks to go further than the ground rules on enforcement already laid down by TRIPs, and to lay down specific procedural codes for intellectual property infringement of all types—not merely piracy and counterfeiting. This enthusiasm for intervention in the procedural aspects of national law has raised serious concerns in some quarters.
Ballads and Britons: Imagined Community and the Continuity of ‘English’ Opera
Authors: Aspden Suzanne
Published: November 2004

Joseph Addison'sSpectatoris perhaps the best-known early eighteenth-century periodical, its title a byword for the period's acute critical sensibility, its pages of enthusiastic enquiry a fitting monument to what we like to call the ‘Age of Reason’. Of the many commentaries on opera included in its pages,Spectatorno. 5 (6 March 1711), critiquing the inadequacy of attempts at scenic verisimilitude on London's operatic stage, is justly renowned. Addison's tale of the undesirable (and wholly unmusical) results of releasing quantities of sparrows inside a theatre derives much of its pungency from the consequences of what Addison feels to be an improper juxtaposition of 'shadows and realities': sparrows and castrati alike escape pastoral fantasy to invade more sordid reality, penetrating ‘a lady's bed-chamber’ or perching ‘upon a king's throne’.
The Revision Process in William Turner's Anthem O Praise the Lord
Authors: Herissone Rebecca
Published: November 2004

Evidence of reworkings by Restoration composers of their own pieces is not difficult to find, but inevitably such material has survived in a haphazard fashion. Only rarely does one come across examples like Matthew Locke's scorebook of consort music, London, British Library (GB-Lbl), Add. MS 17801, where alterations have been made systematically. Even where such examples do exist, the common contemporary practices of cutting out rejected leaves or of scraping away the original notes on a page often make it impossible to analyse the revisions made: of course the composers themselves could never have imagined that anyone would be interested in their cast-offs and made no attempt to preserve them. It is something of a stroke of luck, then, that three distinct and almost complete versions of an anthem by William Turner should be extant: they allow an unusually detailed study of the revision processes of a successful Restoration composer. What emerges as most important from such a study is the fact that Turner's reworkings of each section of the piece appear to show a consistency of purpose that one simply cannot search for in the odd revised phrases and bars which survive for most other composers of the period.
Mozart's C minor Fantasy, K.475: An Editorial ‘Problem’ and its Analytical and Critical Consequences
Authors: Eisen Cliff , Wintle Christopher
Published: November 2004

The recent publication of Heinrich Schenker'sDas Meisterwerk in der Musik(1925-30) in a translation by Ian Bent, William Drabkin and others reminds us that in the highest modern traditions textual criticism and exegesis — editing and analysis — are inseparable. Much of Schenker's commentary on Mozart's Symphony in G minor, K.550, is devoted to isolating discrepancies between manuscript and edition, and some of his most fascinating analytical suggestions grow out of just this. Conversely, analytical strategies may have editorial consequences, and decisions taken by editors of theNeue Mozart Ausgabehave been challenged justly on stylistic grounds. If a passage occurs twice in a composition, for instance, does it have to be articulated in the same way on both occasions? And if there are differences in the articulations, what exactly do they tell us? Given the intricacy of the modern analytical debate over Mozart, such questions may not be answered by editors alone. Nor can editions be undertaken without reference to changing social circumstances: for composers in general have shown themselves more than ready to provide their own variants for different performing situations (again, Mozart's re-orchestration of the Symphony in G minor is a case in point). Indeed, in another field, scholars have asked that cultural issues should also influence editorial practice; these issues similarly require learning and sensitivity, and again deserve attention.