bluuebunny/crossref_metadata_2025 huggingface dataset:
Three. Camp Cobbossee (and a Summer Abroad)
Authors: Swayne Steve
Published: May 2011

Schuman's six summers at Camp Cobbossee in Winthrop, Maine, were formative in developing his skills as a musician. Schuman also spent one summer touring France with other boys his age. This chapter looks at summer camps in the 1920s, drawing upon advertisements and descriptions from the decade, and focuses on the appeal of Camp Cobbossee to athletic boys from non-devout German Jewish backgrounds. Edward Marks Jr., one of Schuman's childhood friends, also attended Cobbossee, and their rudimentary knowledge of French resulted in their collaboration, first on a minstrel show, and then on an English version of a French short story. Their 1928 musical farce It's Up to Pa was a success in Maine, and Marks's father published some of the songs, which were written in a Tin Pan Alley style. The impact of the summers at Cobbossee stayed with Schuman for his entire life.
Six. An Unconventional Education
Authors: Swayne Steve
Published: May 2011

Schuman's private studies with Charles Haubiel (1932–34) and his public classes at the Juilliard Summer School (1932), Teachers College (1933–37), and the Salzburg Mozarteum (summer 1935) work together to provide Schuman most of the skills he would draw upon as a young composer. Along with some juvenilia that he would leave unperformed and unpublished, the chapter explores his first major performances of his music, with the October 1936 premiere of his First Symphony and First Quartet capping his journeyman years. A prescient observation from one of his professors at Teachers College both describes these early works as well as Schuman's working habits as a composer.
Seven. Sarah Lawrence and the Beginning of the Decade of War
Authors: Swayne Steve
Published: May 2011

Schuman's early years as an instructor at Sarah Lawrence College found him allying himself with progressive elements on the campus, especially in light of the Spanish Civil War. Schuman's views on communism, fascism, and Nazism placed him to the right of many of his peers, but he took pride in his support of the Spanish republicans and was pleased that his Second Symphony won a prize in support of the republicans’ cause. This chapter explores the tensions Schuman experienced as a German Jewish American working in an institution populated mostly by white Anglo-Saxon Protestants as well as the successes he unexpectedly encountered, not only as a prize-winning composer but also as the successful conductor of the Sarah Lawrence College Chorus.
Ten. Populism, Progressivism, and Politics
Authors: Swayne Steve
Published: May 2011

Schuman's music in the late 1930s and early 1940s was unabashedly populist in its orientation. Part of this came from his close association with his Sarah Lawrence colleague Genevieve Taggard, who provided the texts for a number of the works he composed during this period. His decision to write a good deal of choral music for amateur singers also sprung from his populist impulses, and even his Newsreel in Five Shots borrows its imagery from the public movie house. While Schuman later denied he had any direct involvement with socialist or communist causes, his activities at this time show him to be something of a political chameleon, as he worked alongside those well left of him while he sought foundation and government backing for his ideas of musical propaganda.
Thirteen. Wringing the Changes
Authors: Swayne Steve
Published: May 2011

When Schuman became president of the Juilliard School of Music, he was all of 35 years old and was replacing a gentleman who was in his seventies. Schuman's youth, energy, and brashness energized and enervated and enraged many of the faculty at the School. He brought with him a host of new ideas: the founding of the Juilliard String Quartet; the initiation of a Dance Division at the school; a restructuring of the core curriculum that resulted in the Literature and Materials of Music. He also began The Juilliard Review, an ill-starred journal. More successful was his service on the board of the Naumburg Foundation, to which Schuman advanced the idea of subsidizing recordings of outstanding contemporary American music. This chapter looks at the early years of Schuman's tenure at Juilliard and demonstrates that they were far rockier than he later admitted.
Fifteen. Family Matters
Authors: Swayne Steve
Published: May 2011

This chapter returns to themes explored in the first chapter (Schuman's parents and grandparents) and extended in the fifth chapter (Frankie Prince Schuman). Bill and Frankie move to New Rochelle to raise a family. The birth of Anthony William (December 1943) and the adoption of Andrea Frances (October 1949) stand as the great joys of this period of time; the death of Schuman's mother, Ray (September 1947), and of his father, Sam (November 1950), were the low points. The death of his brother, Robert (August 1957), was barely marked in the Schuman household, one that was filled with pets and baseball and love and affection for and between Bill, Frankie, Tony, and Andy.
Sixteen. An Old Religion, Two Champions, and a New Symphony
Authors: Swayne Steve
Published: May 2011

The late 1940s brought Schuman back in touch with his Jewish roots through various encounters and queries that occurred. Leonard Bernstein, in particular, was in a state of wonderment at the birth of Israel, and he tried to interest his good friend Schuman in it. Notwithstanding these various reminders of his own background and heritage, Schuman reaffirmed his coolness to organized religion. He expressed himself through his music, and the Sixth Symphony (1948) is a major testament to Schuman's ideas and ideals. During this period of time, Koussevitzky died, and with him Schuman lost a champion of his music. He gained, however, another champion in the conductor of the Philadelphia Orchestra, Eugene Ormandy. This chapter includes a cameo by English writer Stephen Spender and a look at a withdrawn work that would become the nucleus of the Seventh Symphony (1960).
Nineteen. The (Mostly) Off-Stage Ambassador
Authors: Swayne Steve
Published: May 2011

This chapter considers Schuman's various attempts to use his position and influence to extend his ideas of music education, musical diplomacy, and American contemporary music. It looks at the establishment of the BMI Student Composer Awards and Schuman's pressure upon the managers of the Metropolitan Opera Association and the New York Philharmonic to perform American music. Also striking is Schuman's role in brokering a number of mergers: 1) the National Institute of Arts and Letters with the American Academy of Arts and Letters; 2) the High School of Music and Art and the High School of Performing Arts; and 3) the International Society of Contemporary Music (U.S. Section) and the League of Composers. The chapter ends by looking at Schuman's Credendum, commissioned by the U.S. National Commission for UNESCO.
Twenty-Three. Something Old, Something New, Something Borrowed
Authors: Swayne Steve
Published: May 2011

Although Schuman believed that he could carve out 600 hours a year for composition while he was at Lincoln Center, he soon discovered that he had little time to compose new works. The commission of the Lincoln Center organ inspired him to arrange Ives's Variations on “America” for orchestra; along with New England Triptych, the Variations is one of Schuman's most popular works. He also managed to create a small work for pops orchestra and a choral work based on the motto for Colgate University. It was a Library of Congress commission, though, that elicited from Schuman his most original work of the time, his Amaryllis: Variations for String Trio.
Twenty-Four. One Nightmare after Another
Authors: Swayne Steve
Published: May 2011

There were a number of difficulties that emerged in the early years of Schuman's tenure as president of Lincoln Center. One of the most difficult was negotiating with the management of City Center to bring the New York City Opera and the New York City Ballet to Lincoln Center. City and state politicians got involved in the negotiations, and the staff of the Metropolitan Opera was not overly supportive of these new constituents. In attempting to solve some of the challenges Schuman saw at Lincoln Center, he ended up riling his opponents, who tried to get Schuman fired. He survived in the post and saw the battles as positive in the long run. During this period, challenges at home emerged, with the women in his family suffering from physical and psychological setbacks. Despite the challenges, Schuman managed to complete an original work for Martha Graham, The Witch of Endor.
Twenty-Five. The Potemkin Center
Authors: Swayne Steve
Published: May 2011

One of Schuman's original dreams for Lincoln Center was a summer festival that would take advantage of the Center's air-conditioned halls. In 1967, Schuman's Lincoln Center Festival became a reality. He also explored the possibility of composing a major work for the nation's bicentennial, but his early efforts came to naught. At the same time, two of the constituents at Lincoln Center—the ones devoted to Music Theater and Repertory Theater—indicated problems in their ability to operate. Schuman proposed the possibility of a film constituent and a chamber music constituent, much to the frustration of some of the directors of the Center. This chapter also looks at Schuman's success as a public speaker and Rockefeller's early intimations that Schuman was running the risk of being let go.
Twenty-Six. The Death of the Dreamers
Authors: Swayne Steve
Published: May 2011

The assassinations of Martin Luther King Jr. and Robert F. Kennedy in 1968 cast a dark shadow over the end of the decade, and that very year found Schuman exploring in his own music the power of death. His major work of the year was based on a massacre that had taken place in Rome near the end of World War II; Schuman took pains not to make the work a specifically Jewish memorial but one that could speak for and to all. He also composed a work that, though instrumental from start to finish, was based on a text from his favorite poet, Walt Whitman. Its emotional tenor led Schuman to ask that the first performance be dedicated to King and Kennedy and that the audience remain silent after the work had concluded. The theme of death presages Schuman's own tenure at Lincoln Center, as his days in the corner office were numbered.
Thirty-One. Bicentennial Fireworks
Authors: Swayne Steve
Published: May 2011

The National Symphony Orchestra, with Antal Doráti as music director, approached Schuman for a bicentennial commission. Though the scope of the works were necessarily smaller than those Schuman envisioned years earlier—he would not have time to compose one sweeping large work—the commission allowed Schuman not only to write two new compositions, including his Tenth (and final) Symphony, but to revisit his baseball opera, The Mighty Casey, and recast it for concert performance. The ensuing all-Schuman concert was a highlight in Schuman's life, but the effort to create all of this music in so short a time left Schuman exhausted, both physically and musically. He was beginning to slow down.
Thirty-Three. Triplets
Authors: Swayne Steve
Published: May 2011

Though Schuman routinely recycled his music, American Hymn stands out. Derived from a movement from an earlier withdrawn brass quintet, Schuman created three distinct versions of American Hymn, including an extended orchestral work that some of his younger peers felt was one of Schuman's great works. Schuman experienced a rediscovery of sorts as the musical environment around him grew more sympathetic to the kinds of harmonic and structural operations that permeated his music. He composed two more collections of choral works and appeared to be ready to tackle a longstanding commission he had from the New York Philharmonic. Emergency triple bypass surgery put a temporary halt to his compositional plans.
Foundations of State Punishment in Modern Liberal Democracies: Toward a Genealogy of American Criminal Law
Authors: Dubber Markus D
Published: May 2011

This chapter focuses on how we should conceive of the inquiry into the foundations of criminal law, whether legal, philosophical, historical, genealogical, or political. It argues that we cannot hope to develop a foundational account of the criminal law without an account of what, if anything, legitimizes the state power that underlies the criminal law — an inquiry that has mostly escaped the attention of American thinkers both at the time the nation was founded and in the years since. The chapter is organized as follows. Section 1 considers various ways of conceiving of an inquiry into the foundations of criminal law. Section 2 explores the distinction between modes of foundational inquiry by considering the significance of the Rechtsgut principle in German criminal law science, on one hand, and in the jurisprudence of the German Constitutional Court, on the other. Section 3 presents preliminary remarks on an inquiry into the foundations of American criminal law.
Responsibility, Citizenship, and Criminal Law
Authors: Duff RA
Published: May 2011

This chapter starts with a claim about a central, distinctive purpose of criminal law — one that helps distinguish criminal law from other modes of legal regulation. It argues that a distinctive and proper purpose of our criminal law has to do with accountability and the attribution of responsibility. Section 2 discusses the kind of community that our criminal law — criminal law of a kind apt for a liberal republic — requires, and argues that in the context of the domestic criminal law of nation states (still the salient paradigm of criminal law) it is the community of citizens. Anyone who gives citizenship this central significance faces a range of objections, to the effect that such a conception of criminal law cannot do justice to transnational criminal law, to the status of non-citizens who are either permanent residents of or temporary visitors, or to the status of citizens who may find themselves excluded from full membership of the polity; that it fosters a dangerous distinction between an exclusive group of ‘citizens’, who are full members of the polity and receive all the protections that the criminal law offers both victims and off enders, and a wider group of outsiders, of actual or potential ‘enemies’, to whom such membership and protection are denied. Such objections are addressed in Section 3, and it is argued that although the concept of citizenship can be given this unacceptably exclusionary significance, we need not do so: we can and should retrieve a more inclusionary conception of liberal citizenship that can structure a normatively plausible picture of criminal law.
Intention as a Marker of Moral Culpability and Legal Punishability
Authors: Moore Michael S
Published: May 2011

This chapter examines the role that intention plays in defining the most serious forms of criminality. It argues that the criminal law as it now exists presupposes what is essentially a ‘folk psychology’ of intention, and proposes as an alternative a more nuanced and complex conception of intention that would take into account recent developments in philosophy of mind, cognitive science, and moral psychology.
Wrongdoing and Motivation
Authors: Tadros Victor
Published: May 2011

This chapter defends the view that motivation plays a more direct role in determining what is wrong than as this view suggests. This idea helps us to clarify the structure of wrongdoing and also to understand one way in which morality and criminal law come apart. An act can be wrong in virtue of the motivation with which it was done. But, for various reasons, we have good reason not to criminalize all action that is wrong. Sometimes we will wish to tolerate wrongful action because of its desirable consequences.
Just Prevention: Preventive Rationales and the Limits of the Criminal Law
Authors: Ashworth Andrew , Zedner Lucia
Published: May 2011

This chapter examines the ways in which the law criminalizes the creation of risks of harm, and offers a catalogue of various kinds of criminal offence that are primarily concerned with preventing the creation of risk. It also highlights the protections that the criminal law provides, through the criminal process, for those suspected of creating risks, and the ways in which such protections are undermined by the use of ‘civil preventive orders’ that effectively bypass the criminal law.
The Ontological Problem of ‘Risk’ and ‘Endangerment’ in Criminal Law
Authors: Westen Peter
Published: May 2011

This chapter focuses on offences that punish offenders who engage in risky behaviour that never in fact causes any harm. It argues that the problem of punishing actors for risks that in some sense do not exist must be solved not by thinking of risk as a form of probability — that is, the factual likelihood of harm — but rather in terms of counterfactual events that a judge or jury fear could have occurred and, had they done so, would have produced the same kind of harm that the offence at issue is designed to prevent. The chapter proceeds by firstly, locating offences within the larger taxonomy of crimes of risk creation; secondly, summarizing conventional understandings of risk as probability; thirdly, explaining why probability fails to account for most crimes of explicit endangerment; fourthly, proposing an alternative, non-probabilistic understanding derived from the defence of impossibility; and, lastly, suggesting that the alternative understanding may also resolve a nagging problem regarding what Duff calls crimes of ‘implicit endangerment’, that is, offences that, rather than making explicit reference to ‘risks’ or ‘dangers’, consist of conduct that legislatures regard as sufficiently risky to justify categorical prohibition (for example, failing to come to a full stop at a stop sign).
The De Minimis ‘Defence’ to Criminal Liability
Authors: Husak Douglas
Published: May 2011

This chapter examines a de minimis ‘defence’ to criminal liability. The aim is to establish that careful thought about de minimis helps to shed light on such central and fundamental topics as criminalization, the rule of law and the parameters of discretion, the relationship between morality and law, the structure of wrongdoing, the contrast between offences and defences, the concepts of justification and excuse, and even the nature of retributive justice itself.
Just Deserts in Unjust Societies
Authors: Green Stuart P
Published: May 2011

This chapter focuses on the problem of imposing criminal liability on offenders who are themselves victims of serious economic, social, or political injustice. It argues that the extent to which such offenders deserve to be punished will vary from case to case, depending on the type of crime the offender has committed, the type of deprivation to which he has been subjected, and the circumstances of the crime victim.
The Substance-Procedure Relationship in Criminal Law
Authors: Dripps Donald A
Published: May 2011

This chapter takes on the relationship between substance and procedure in criminal law, arguing that it must be explained with reference to competing conceptions of underlying political and moral theory. Particularly concerned with the ways in which a system of criminal procedure is meant to implement the goals of substantive criminal law, it offers three models — rationalism, pluralism, and reductionism — and explores the extent to which they should be viewed as mutually compatible or incompatible.
Piercing Sovereignty: A Rationale for International Jurisdiction Over Crimes that do not Cross International Borders
Authors: Wellman Christopher Heath
Published: May 2011

The establishment of the Rome Statute of the International Criminal Court (ICC) — the first permanent international criminal court designed to help end the global culture of impunity — has rightly been welcomed as a landmark achievement. But while the creation of a court to prosecute those accused of genocide, crimes against humanity, war crimes, and aggression should be hailed as an enormous political accomplishment, it has also exposed a glaring theoretical lacuna. Put simply, the construction of international criminal law in general, and the ICC in particular, has revealed that philosophers of law, international lawyers, and political theorists have yet to provide anything like a satisfactory moral justification for a supranational legal system with the power and moral authority to pierce the sovereignty of existing states. This chapter invokes a rights forfeiture justification for punishment in order to build a compelling defence of state punishment, which, in turn, will pave the way toward a theoretically sound and practically informative rationale for international jurisdiction over crimes that do not cross international borders. If successful, this theory would not only furnish a much-needed moral justification for international criminal law, it would provide guidance to political leaders and international lawyers as they continue to develop and expand the ICC.
Introduction
Authors: Truswell Robert
Published: May 2011

This chapter introduces the reader to the semantic and syntactic structures to be elaborated in subsequent chapters. It describes the basic problem of recognizing perceptual and cognitive units, and the relations among them. It then gives a brief history of the development of syntactic locality theory, with particular reference to constraints restricting extraction from adjuncts. The two major current positions, that adjuncts are strong islands or weak islands, are shown to be too restrictive and too permissive, respectively. Furthermore, four puzzles are introduced which suggest that patterns of extraction from adjuncts are at odds with the patterns described by typical locality constraints. The chapter ends by suggesting that the Single Event Condition, a constraint stated over events as perceptual and linguistic units, may usefully supplement locality theory in this area.
The Variable Size of Events
Authors: Truswell Robert
Published: May 2011

This chapter describes the structure of core events. Core events are discrete perceptual units carved out of the continuous flow of happenings in the real world. A core event consists of two optional subevents related by direct causation: a temporally extended, unbounded process, and a culmination, or instant of change. Neither discrete events nor direct causal relations are inherent in the happenings the chapter perceives. Instead, they arise through a pragmatic process of coarse-graining. This chapter also introduces Fodor's Generalization, that a single verb phrase describes a single event. This gives a heuristic linguistic test for when two subevents can form a macroevent: if two subevents related by a relation R can be described by a single verb phrase, then that relation must be sufficient for those two subevents to form a single macroevent. Such relations are called contingent relations.
Single Events from Multiple Verb Phrases and the Role of Agentivity
Authors: Truswell Robert
Published: May 2011

This chapter introduces the second contingent relation, enablement. Enablement is a relation holding between an agent and a set of events corresponding to the agent's plan. Subevents related by enablement can be described by a single verb phrase, the phenomenon which Talmy refers to as windowing of attention. Enablement relations induce referential opacity, and therefore cannot be described in extensional, force-dynamic terms. Event structures containing enablement relations (extended events) can be arbitrarily large, in contrast to the very low upper bound on the size of core events. Given that enablement relations require an agent, the chapter derives a correlation between agentivity and event size. This correlation explains patterns of acceptability of the progressive with accomplishments and achievements. Also the chapter adopts the null hypothesis that single-event descriptions can span multiple VPs, and considers a second, partially independent, class of noncontingent, temporal relations among events.
Extraction from Complement Clauses and the Effect of Tense
Authors: Truswell Robert
Published: May 2011

Patterns of binding of the event variable suggest an explanation for the ungrammaticality of extraction from tensed adjuncts: the event variable is bound below Tense, so macroevent formation across Tense is impossible. This raises questions concerning extraction from tensed complement clauses. The referential opacity of bridge verbs means that the existence of only one event is implied by bridge verb constructions, while two events are implied by tensed adjunct constructions. This analysis requires that the Single Event Grouping Condition be checked cyclically. Section 7.5 returns to the CED, and shows that, although extraction from subjects and from adjuncts is quite unremarkable, the two do not pattern crosslinguistically or language-internally. In particular, the Single Event Grouping Condition has little effect on independently very restricted patterns of extraction from subjects in English. This suggests that a nonunified account of CED effects should be pursued.
Architectural Issues
Authors: Truswell Robert
Published: May 2011

A locality condition stated in terms of events raises questions concerning modularity. Why can a syntactic condition be constrained by semantic factors. Attempts to syntacticize the Single Event Grouping Condition by mapping aspects of event structure into syntax are rejected. Instead, the semantic influence on syntactic operations is related to evidence that semantic factors locally influence incremental syntactic processing. We end with a brief sketch of an implementation in Gibson's Dependency Locality Theory. This theory measures locality in terms of discourse referents, and so penalizes the proliferation of discourse referents such as events. Although only an outline is provided, this approach has instant empirical benefits, and promises to provide a principled explanation for the apparent nonmodularity of the Single Event Grouping Condition.
Conclusion
Authors: Truswell Robert
Published: May 2011

This chapter concludes by returning to the four puzzles introduced in Chapter 1. These puzzles continue to look outlandish from the perspective of syntactic locality theory, but have found straightforward explanations in terms of the interface-based locality theory developed here. The conclusion stresses that this is as expected on one conception of minimalism: a stripped-down syntactic architecture places heavier explanatory burdens on the interfaces with other cognitive systems. The greater the independence of these other cognitive systems from narrow syntax, the smaller, and more minimal, syntax can be.
Nonlinear models in economic theory
Authors: Teräsvirta Timo , Tjøstheim Dag , Granger W. J.
Published: May 2011

This chapter contains a number of examples of families of nonlinear models in economic theory. These include disequilibrium models that have been applied to modelling markets with rationing or sticky prices, and various labour market models that generate nonlinearities in employment or unemployment. Modelling exchange rates fluctuating within boundaries set by the central bank that define the so‐called target zone of the exchange rate is also discussed. Production theory, in which nonlinear models are common, constitutes the last example. For all of these four areas, examples of application of these models to time series or cross‐section data are described.
The nonparametric approach
Authors: Teräsvirta Timo , Tjøstheim Dag , Granger W. J.
Published: May 2011

In linear modelling nonparametric quantities such as the autocorrelation and spectrum are important. In this chapter the limitations of these concepts in a nonlinear context are highlighted, and it is shown that the conditional mean and the conditional variance can be more useful. The difference between local and global dependence is described. The copula (a global dependence measure) as well as a new local dependence measure are mentioned.
Testing linearity against parametric alternatives
Authors: Teräsvirta Timo , Tjøstheim Dag , Granger W. J.
Published: May 2011

The topic of this chapter is testing linearity of a model when the alternative is a parametric nonlinear model nesting a linear model. The case leading to standard asymptotic inference is discussed first. This is followed by a characterization of the identification problem present in many of these testing situations. Different ways of solving the identification problem are considered and their merits and disadvantages discussed. The chapter also covers tests designed for situations in which no well‐specified alternative to the linear model in question is available. Finally, there is a discussion of the concept asymptotic relative efficiency that is helpful in comparing power properties of various tests in different testing situastions and brief remarks on which test or tests to use in practice and when.
Testing parameter constancy
Authors: Teräsvirta Timo , Tjøstheim Dag , Granger W. J.
Published: May 2011

This chapter begins by a introducing the well known Chow test of a single structural break in a linear model. The more general case in which the break‐point is assumed unknown is discussed next. This case involves an identification problem similar to that treated in Chapter 5. Lagrange multiplier tests designed for discovering not only breaks but smooth shifts in parameters receive attention, and the discussion is extended to vector models as well. Tests building on recursive estimation of parameters of the (linear) model are considered as well as tests of parameter constancy against stochastically varying parameters.
Nonparametric specification tests
Authors: Teräsvirta Timo , Tjøstheim Dag , Granger W. J.
Published: May 2011

It is described how nonparametric techniques can be used to test model specification. This is done by comparing nonparametrically estimated quantities with corresponding estimates using a specified parametric model; e.g. a linear model or an additive model. An important part of the model specification procedure is to select the time lags entering the model. This can be done parametrically using an Akaike type criterion, or nonparametrically, as illustrated in this chapter. Finally, for nonlinear models, using the correlation to test for independence is often misleading. Alternative techniques more suited to nonlinearity are described.
Time‐varying parameters and state space models
Authors: Teräsvirta Timo , Tjøstheim Dag , Granger W. J.
Published: May 2011

Linear state space models have become popular in time series, and there are applications to many fields. The Kalman filter is often a fundamental tool. In this chapter it is shown that there are extensions of these concepts to a nonlinear framework through such devices as the extended Kalman filter and particle filters. Hidden Markov chains represents an alternative but related technique, where parameters are replaced by stochastic processes; i.e., Markov chains. The chapter also contains a short section on estimating these types of models.
Basic nonparametric estimates
Authors: Teräsvirta Timo , Tjøstheim Dag , Granger W. J.
Published: May 2011

There are several books on the topics treated in this chapter. For completeness and ease of reference, in the present chapter a brief summary of some results in this area is presented. Among other things, kernel estimation, choice of bandwidth and local polynomial estimation are briefly discussed.
Forecasting from nonlinear models
Authors: Teräsvirta Timo , Tjøstheim Dag , Granger W. J.
Published: May 2011

A major purpose of nonlinear models is forecasting. This often requires numerical techniques, and a few alternatives are considered. There are also cases in which analytical forecasts are available, and some of them are shown as examples. Measuring forecast accuracy is given some consideration. This includes comparing forecasts from different models using statistical tests. Published studies comparing between forecasts from linear and nonlinear models in order to assess the usefulness of nonlinear models are discussed.
Speech in Honour of Bruno Simma's Election to the International Court of Justice
Authors: McCrudden Christopher
Published: May 2011

This chapter presents the text of a speech in honour of Bruno Simma's election to the International Court of Justice.
Bruno Simma, The Positivist?
Authors: Stein Eric
Published: May 2011

From the treasure trove of Simma writings, this chapter presents a few randomly selected examples which illustrate Simma's positivism well as his views on some crucial international law issues of the day. These examples include his views on the sources of international law, the international community interest, human rights and investment treaties, and enforcement of international law.
A Political Theory of Law: Escaping The Aporia of the Debate on the Validity of Legal Argument in Public International Law
Authors: Fastenrath Ulrich
Published: May 2011

This chapter conceptualizes the political theory of law as an open system of norms. Neither its elements nor the meaning of its norms are fixed. Thus, the legal order is at no time a bulk of definite or even definable commands. Neither are the norms understood by the different actors in a uniform way, nor is the legal order free of self-contradictions. Rather, it consists of competing legal assertions that are partly decided through authoritative processes, partly in other ways, but can also exist undecided alongside each other. Nevertheless, the different actors are trying to establish their legal assertions. Due to the openness of law the validity of a legal assertion can neither be attributed in a logically compelling way to legal utterances, nor will this be the outcome of a deliberative discourse as hypothesized in Habermas' concept of communicative rationality. In fact, it is a political process which decides on the success of legal assertions. This applies to both legislative and interpretative law-making, the latter conceived as a struggle of legal assertions for becoming effective.
From Bilateralism to Publicness in International Law
Authors: Kingsbury Benedict , Donaldson Megan
Published: May 2011

This chapter explores the ideas embedded in Simma's notion of a move toward ‘a true public international law’ or ‘a contemporary international legal order which is strongly influenced by ideas of public law’. It argues for two distinct but overlapping meanings of ‘public’ in this context. The first is an international law that is ‘inter-public’ law, being made by and for a set of entities (primarily States) that are not merely ‘actors’ (in the jargon of international relations), but public entities operating under public law. The second is a quality of publicness in law that is also becoming part of understandings of international law of the sort Bruno Simma has enunciated. Neither of these ideas — inter-public law and publicness — are commonplace or widely accepted in international law. However, they represent important dimensions in current and future international law.
Reciprocity Revisited
Authors: Paulus Andreas
Published: May 2011

This chapter recalls both Bruno Simma's considerable contribution to our understanding of reciprocity in his early academic work — on Article 60 of the Vienna Convention on the Law of Treaties, on reciprocity in customary law, and in treaties — as well as the later phase in his academic career when he did not abandon but considerably modified his position by looking to the formulation and protection of community interests in international law in his two grand lectures at the academies of The Hague and Florence. Here, the role of reciprocity changes from a prime mover of international law to that of a mere enforcement mechanism, from the master to the slave, so to speak. But Simma is and remains reluctant, even misgiving, about attempts to leave the enforcement of community interests to international organizations alone, as long as central institutions remain underdeveloped to implement them. Thus, in a decentralized system, decentralized means of enforcement continue to be necessary. In other words: reciprocity is transformed, but should not be abandoned altogether.
Universal International Law's Grammar
Authors: Pulkowski Dirk
Published: May 2011

As the universal geographical reach of the law of nations has become a reality, the universality of international law has come under attack in another respect. Theorists of international relations observe that the international order has become more and more ‘fragmented’ into a variety of issue-specific normative arrangements. In fact, some argue that ‘international law’ (in the singular) is gradually being replaced by a variety of issue-specific ‘international laws’ — including the legal rules of such regimes as trade law, environmental law, the law of human rights, and the law of cultural heritage. This radically particularistic vision of the international order is uncompelling. This chapter argues that while the substantive legal prescriptions under various regimes differ widely, all these regimes also have important commonalities. All subsystems of international law use a common discourse of justification, which permits and often requires decision-makers in different regimes to situate their decisions in relation to other regimes. The shared ground rules for rational discourse that universally apply across the international order notably include concepts of ‘general international law’ and accepted rules of interpretation. Hence, what holds the universe of international law together is not so much a hierarchy of norms or a common rule of recognition. Rather international regimes remain communicatively compatible with one another by virtue of a common discourse.
From Enlightened Positivism to Cosmopolitan Justice: Obstacles and Opportunities
Authors: Ratner Steven R
Published: May 2011

This chapter appraises Simma's methodology as a self-described ‘enlightened’ or ‘modern’ positivist and explores its connections to the vision of world order and global justice toward which it strives, but which, like an uncomfortable dance partner, it does not yet embrace. It discusses cosmopolitan trends for the positivist, and the problem of global distributive justice which is central to the cosmopolitan project.
Are Nuclear Weapons Really Legal? Thoughts on the Sources of International Law and a Conception of the Law imperio rationis instead of ratione imperii
Authors: Thürer Daniel , Zobl Martin
Published: May 2011

The only way a critical observer can consider the question of nuclear weapons is to say that disarmament efforts have not gone far enough. From a legal perspective, the causes of this failure are essentially outmoded sovereignty dogmas that largely continue to influence governments' understanding of international law, and the positivist approach to sources of law associated with those dogmas. This chapter argues that a nuclear disarmament process must emerge from, and be sustained by, society itself. Government support will, of course, also be essential to the success of an initiative of this nature. A cooperative partnership between a wide range of international actors (governments, international organizations, the ICRC, non-governmental organizations (NGOs), and individuals) around a common ultimate goal is thus essential, as is an approximate line of approach.
Multi-Stakeholderism in the Development of International Law
Authors: Benedek Wolfgang
Published: May 2011

This chapter is concerned with the role of multi-stakeholderism in the development of international law, which is an increasingly important phenomenon due to globalization, the growing role of non-State actors, and the emergence of a global civil society which claims to pursue community interests. The main focus of the multistakeholder approach lies with ensuring more inclusive structures of governance. In some fields, such as human rights, environmental law, and the law of the information society, it is more advanced than in other normative fields, such as international economic affairs. Multi-stakeholderism allows for the building and the expression of community interests and thus also provides orientation and important preparatory work for the inter-governmental process. The involvement of all relevant stakeholders strengthens the effectiveness of law — creating processes and the subsequent implementation of the law.
Running in Circles: Regionalism in World Trade and How It Will Lead Back to Multilateralism
Authors: Hilf Meinhard , Salomon Tim René
Published: May 2011

International law is currently seeing a trend towards regionalism. This is in some ways to be applauded. It seems necessary to put more weight on regional codes for human rights protection, for example, as regional codes tend to have more authority due to their close connection to the cultures and peoples they seek to govern. Bruno Simma has recently commented on the issue of fragmentation, to which the development of regionalism in the World Trade Organization (WTO) will be linked in this contribution. This chapter focuses on regionalism in a WTO context and attempts to glance briefly into the future as it may be after the demise of the WTO, which — although not to be wished for — has been discussed as a theoretical possibility. This gaze behind the horizon may very well contain lessons for the WTO today.
The UN Laissez Passer: Legal Reflections and Managerial Issues
Authors: Münch Wolfgang
Published: May 2011

As at 30 April 2010 there were 35,577 UN Laissez Passers (UNLPs) in circulation, issued to officials of organizations of the UN family and a few other organizations that had concluded relationship agreements with the United Nations (UN). According to UN Document CEB/2009/HLCM/HR30 dated 7 May 2009 the overall number of UN staff amounted to 70,792 persons as at 31 December 2008. The red colour of a UNLP indicates the high position of its holder among UN officials and his/her diplomatic status. This chapter focuses on a particularly eminent holder of a red UNLP. It aims to provide some key factual information on the issuance of UNLPs, to address some legal questions, and to highlight certain administrative issues related to UNLP management.
Legal Crisis Management: Lawfulness and Legitimacy of the Use of Force
Authors: Neuhold Hanspeter
Published: May 2011

When governments consider the use of force in a crisis their decision will be determined by the perceived necessity to protect the supreme values and interests of their State and the international community, on the one hand, and the expected costs, on the other. Although they will prefer to act within the bounds of their legal obligations, respect for international law is unlikely to be a priority in such a situation. This chapter examines the justifications invoked by the US when it decided to employ force, going it alone or acting together with other States, in major post-Second World War international crises: in the Cuban missile crisis of 1962; against the Serb forces in Kosovo in 1999; against Al-Qaeda and the Taliban in Afghanistan in 2001; and against the regime of President Saddam Hussein in Iraq in 2003. These four cases have been selected because in each of them the legal grounds on which the administrations in Washington DC relied were different, and in three of them the use of armed force was controversial.
Sketching ‘Community Interest’ in EU Law
Authors: Weiss Friedl
Published: May 2011

The concept of ‘common interest’, used interchangeably with that of ‘community interest’ and more recently ‘EU interest’, is used in different contexts and for ostensibly different purposes, including fundamental principles, particular market freedoms or rights, or underpinning exceptions from them. It has been proclaimed in provisions both of EU primary law and secondary law, and applied in adjudication by the European Court of Justice (ECJ) and by the Court of First Instance (CFI). This chapter provides some kind of descriptive summary inventory illustrating such instances of practice, constituting some raw material for the possible later development of a theoretical framework of analysis of their common properties and characteristics.
The Specificity of Human Rights and International Law
Authors: Conforti Benedetto
Published: May 2011

This chapter argues that one should not exaggerate the autonomy of the international regime on the protection of human rights. Indeed, the case law of human rights courts shows that there are three different ways of dealing with questions of international law. First, there are actually cases of departure from the common rules of international law, a solution which is, and remains, completely limited to the field of human rights law. Secondly, there are cases of normal application of international law as it is. Lastly, there are cases where the interpretation of international law given by the courts has had an influence on it, contributing to its evolution. These three categories of cases are illustrated by a number of examples.
Architectural Clarity or Creative Ambiguity? The Place of the Human Rights Council in the Institutional Structure of the United Nations
Authors: Fassbender Bardo
Published: May 2011

The creation of the Human Rights Council (HRC) in 2006 can be seen as the most important change in the institutional structure of the United Nations (UN) since its inception. This statement is perhaps somewhat surprising because the Council was not established with ease. It was a child of both widespread discontent (with the work of the Commission on Human Rights) and of compromise (between those with higher aspirations for a new UN human rights body and those who wished to maintain the status quo, if not in form then in substance). This chapter takes a closer look at the institutional structure of the UN as it emerged from the creation of the HRC. Do we really see ‘architectural clarity’, or rather creative ambiguity? And which of the two is better in this case? Special attention is given to the legal and the working relationship between the Council and the principal organs of the UN.
Human Rights and Democracy: Is There a Place for Actual People(s)?
Authors: Kratochwil Friedrich
Published: May 2011

This chapter provides some critical reflections on law and politics in the era of globalization. The argument is presented in three steps. First, the chapter develops a conception of politics that is independent of the State and its institutions. Secondly, it inquires into the possibilities of democratic participation in a globalizing world. Here the criterion that ‘what concerns all has to be decided by all’ will serve as foil. This then provides the background for the discussion which takes up the issue of legitimization by relying on the universal value of human dignity as the main source, after the concrete people(s) have largely disappeared from the discourse together with the State and its autonomy. It is argued that this reliance on the ‘universality’ of human dignity as the key value, cleansed from all political and historical contingencies, encourages imperialism and the rule by experts or ‘professionals’, both of which have deleterious effects on law and democratic politics.
Reservations to Human Rights Treaties: Not an Absolute Evil…
Authors: Pellet Alain , Müller Daniel
Published: May 2011

This chapter on reservations to human rights has its place in a volume devoted to the evolution of international law from bilateralism to community interest. It could even be said that it is at the very heart of the dialectic called by these two trends: on the one hand, reservations, in a way, ‘bilateralize’ the relations between the parties to multilateral treaties while, at the same time, facilitating a wider acceptance of the core elements of the treaties in question and, therefore, strengthening the global community interest. This dialectic is vividly present with regard to human rights treaties even though, according to a dominant view among human rights activists, reservations to those treaties are seen as an absolute evil. They are not.