bluuebunny/crossref_metadata_2025 huggingface dataset:
History and Development of the Customary International Law of Expropriation and Investment Protection
Authors: Rubins Noah D , Papanastasiou Thomas-Nektarios , Kinsella N Stephan
Published: May 2020

This chapter discusses the principles of customary international law related to expropriation. It includes an overview of the historical development of the international law of expropriation, as developed in international arbitration decisions, commentators, treaties, and State practice. It also discusses the current state of the customary international law of expropriations, including the various substantive protections established in customary and conventional international law, such as the full compensation standard for expropriation, the public purpose requirement, and the prohibition against discrimination. The chapter concludes that a State may expropriate the property of aliens within its borders, but must compensate the foreigner for full value of the property taken. The primary change in the international law of expropriation since the nineteenth century is that the State may no longer use force against another State to rectify or prevent a taking of property by the host State.
The Substantive Law of Contemporary International Investment Protection
Authors: Rubins Noah D , Papanastasiou Thomas-Nektarios , Kinsella N Stephan
Published: May 2020

Investors increasingly rely on the substantive protections provided in a growing number of investment treaties. This chapter covers the modern international law of investment protection as embodied in multilateral and bilateral investment treaties, including principles such as fair and equitable treatment, and full protection and security. The substantive protections investment treaties described in this chapter are often echoed in the national investment laws of developing and transition-economy countries. In particular, many recent national investment codes place limitations on the State’s authority to expropriate foreign assets, sometimes granting rights superior to those provided at customary international law. International investment treaties also guarantee proper application of domestic law by government authorities, national treatment, repatriation of profits, compensation for breach and other standards of treatment.
Establishing Arbitral Jurisdiction
Authors: Rubins Noah D , Papanastasiou Thomas-Nektarios , Kinsella N Stephan
Published: May 2020

If a State fails to carry out its obligations to a foreign investor under a contract, its own national investment code, or a treaty with the investor’s home State, the investor may be able to vindicate its rights through international arbitration. In many cases, arbitration offers parties the only neutral forum in which to resolve disputes, and the only means to obtain a remedy that is enforceable across borders. Such a right, however, is hardly automatic. This chapter considers the jurisdictional requirements for invoking investment treaty protections. It discusses contractual arbitration, preliminary treaty concerns, who may initiate arbitration under investment protection instruments, and what is protected by investment protection instruments.
Mediation and Conciliation of Investment Disputes
Authors: Rubins Noah D , Papanastasiou Thomas-Nektarios , Kinsella N Stephan
Published: May 2020

Not all investment-related disputes are resolved through fully adversarial processes. In fact, both private businesses and governments are increasingly turning to various forms of mediation and conciliation in the face of serious disagreements rather than resorting immediately to international arbitration. A number of investment treaties also mention the possibility of alternative dispute resolution procedures, although such procedures are rarely if ever mandatory. This chapter addresses different alternatives to arbitration and litigation, with emphasis on the rather fine distinctions between them. It also discusses the methods by which mediation and conciliation may be imposed as a mandatory step preceding arbitration or litigation, with particular attention to investment contracts.
Intervention of States in Investment Disputes
Authors: Rubins Noah D , Papanastasiou Thomas-Nektarios , Kinsella N Stephan
Published: May 2020

This chapter discusses the actions that States may take to obtain redress against other States at whose hands their citizens are mistreated. Where no investment treaty binds home and host States, and where no other instrument offers the jurisdictional foundation for investor–State arbitration, a foreign investor may have no other remedy but to appeal to his government for assistance. A State’s intervention on behalf of its citizens may take several forms, ranging from informal diplomatic discussions to formal adversarial proceedings before ad hoc or standing international tribunals. The remainder of the chapter covers the “espousal” of claims, claims before international tribunals, economic sanctions, invalidation of title, prohibitions against the use of force, and the Foreign Claims Settlement Act of the United States.
An Empirical Analysis of International Criminal Law
Authors: Devresse Marie-Sophie , Scalia Damien
Published: May 2020

This chapter is an empirical study of how individuals who have been defendants at the International Criminal Tribunal for the former Yugoslavia (ICTY) and Rwanda (ICTR) perceived and understood the trial process. Breaking with those who resist taking seriously the lived experience of individuals accused of being responsible for terrible acts, the chapter insists that even the most despised genocidaire can contribute to knowledge-production about international criminal justice. This chapter’s conclusions, which are based on an analysis of 60 interviews, though enlightening are often counterintuitive. It finds, for example, that a defendant’s acceptance of the legitimacy of their trial generally depends far more on whether the defendant believes the process treated them fairly than on pragmatic considerations such as the outcome of the trial and the severity of any resulting sentence. Moreover, most defendants felt estranged from the trial process on account of its symbolic ‘violence’ toward them and the passive position it necessarily assigns them during the trial.
The Creation of an AD Hoc Elite
Authors: Christensen Mikkel Jarle
Published: May 2020

This chapter focuses on a key actor whose centrality has gone largely unnoticed: the new professional elite within and around the international criminal courts. This elite is composed of individuals who have accumulated high degrees of professional and symbolic capital within international criminal law (ICL) that allow them to shape the discipline itself. This chapter carefully traces the genesis and development of the new professional elite that emerged from four different starting points: legal practice; diplomacy; human rights (in particular NGOs recalibrated towards international criminal justice); and academia. On the basis of this mixed expertise, the ICL elite was characterized by holding management positions in the international criminal courts or building positions in diplomacy, advocacy or academia from where they helped construct (and criticize) the symbolism of this field. While they had crucial impact on the fight against impunity, the analysis also shows that this new elite, in particular those working in the international criminal courts, did not necessarily have high professional value on a broader market of international law and governance, unless they limited investment in ICL to a short period. As such, the elite of ICL is caught between having influence in a field of law that has remained politically controversial and subject to changes, and investing their expertise in other walks of life where it is prone to suffer depreciation.
Impunities
Authors: Drumbl Mark A.
Published: May 2020

This chapter addresses the concept of impunity, commonly envisioned as freedom from punishment (poena). It does so because ‘fighting impunity’ drives the establishment of international courts and tribunals. This chapter offers a discourse analysis of press releases of two international criminal tribunals to gauge their understanding of poena. This chapter argues that this understanding, which maps onto international justice efforts generally, is narrow to the point that ‘fighting impunity’ reduces to a carceral monologue. Instead, this chapter argues in favor of a broader vision of poena such that ‘fighting impunity’ would invoke a broader array of tools such as reparations, shame, sanction, memory, and recrimination. In the end, then, it is preferable to speak of ‘impunities’ than ‘impunity’
A Criminological Approach to the ICC’s Control Theory
Authors: Smeulers Alette
Published: May 2020

This chapter tackles the Control Theory of Perpetration, a German-inspired mode of participation that is applied only by the International Criminal Court (ICC). The Control Theory, developed by the German scholar Claus Roxin, provides a doctrinal apparatus for distinguishing between principal perpetrators and mere accomplices. Instead of defining the principal perpetrator as the individual who performs the actus reus of the offence, or who has the mens rea for the offence, the Control Theory states that they who control the crime are the principal perpetrator, even if that person uses another individual, or even an organization, to carry out the crime. Although much has been said of this mode of liability, this chapter considers a far broader question: whether the Control Theory as applied by today’s ICC (or by other courts that have adopted it) accords with the social reality of how atrocities are committed. In other words, this chapter does not consider whether the Control Theory is a good criminal law theory, but rather whether it could pass a criminological test..
The Right to Truth in International Criminal Law
Authors: Bilsky Leora
Published: May 2020

This chapter asks whether victims have a ‘right’ to the truth, and if they do, whether international trials are the appropriate vehicle for vindicating that right. Many have argued for a limited role for international criminal trials, focused exclusively on the fate of individual defendants, while others seek to subordinate criminal trials to larger, historiographic goals of constructing a definitive record of atrocities and other violations. The chapter reframes these debates around the concept of ‘victim rights’, especially since the Rome Statute provides a privileged place for victims in the procedural mechanics of the International Criminal Court. The argument here is then developed through discussion of four areas of doctrine: the victims’ ‘personal interests’ in the determination of guilt, the recharacterization of charges against the defendant, the right of victims to introduce evidence, and victims’ obligation to disclose exonerating evidence. The chapter concludes that these developments, combined with the role of human rights law, has ushered in an ‘emerging truth regime’.
Moving Images
Authors: Stolk Sofia , Werner Wouter
Published: May 2020

This chapter is an analysis of how audio-visual representations of the work of international criminal tribunals create narratives around victims. It highlights one important aspect of those narratives: they do not merely reflect and represent, they also create. More specifically, victims and victimhood are not pre-given categories, but are instead constituted via acts of representation, including audio-visual ones. Viewing this material through the lens of a typology of modes of representation in documentary film theory, this chapter argues that audio-visual productions have created different types of victims. Whereas advocacy documentaries have produced ‘ideal’ victims, critical documentaries ‘argumentative victims’, and observatory documentaries ‘translated victims’, audio-visual materials produced by the International Criminal Court itself have presented ‘bureaucratized victims’.
International Criminal Law
Authors: Simpson Gerry
Published: May 2020

This chapter maps out some of the broader conversations among the rest of the chapters in this volume. As a whole, this work reveals some quite dissonant moods around the health and future of international criminal law. The field (especially its practice in Tribunals) is in many ways experiencing a period of decay, backlash, recession, and anti-climax. And yet this chapter identifies a burgeoning popular interest, and a flourishing and illuminating academic literature. This chapter sketches three different registers among the contributions in this volume: reformist hope, unfriendly skepticism, and—wavering between the two—critical affinity. It also outlines some of the lines of response from supporters of international criminal law, although it does not find the main lines of defence particularly convincing.
Introduction and Delimitation of the Subject
Authors: El Far Ahmed
Published: May 2020

This introductory chapter provides an overview of the principle of abuse of rights in international arbitration. It is now generally recognized that international arbitration is the preferred method for resolving disputes in international trade and the normal means for resolving commercial and investment disputes. However, in recent years, international arbitration has been plagued by different forms of procedural abuse. Abusive practices developed by parties may not only cause paramount prejudice to their opponents, but can also undermine the fair resolution of disputes and frustrate the administration of arbitral justice. The existing rules for the prevention of abuse have a defined and narrow scope, are inherently rigid in their application, and fail to remedy different forms of abuse. As such, a general principle of abuse of rights is vital in international arbitration. The virtue of a single theory with a wide scope and an overarching premise is that it is a principle which involves equity considerations, enjoys the flexibility of general principles of law, and can be used to address different abusive behaviours.
Commentary on the Principle: Conditions of Application and Limitation
Authors: El Far Ahmed
Published: May 2020

This chapter addresses the particulars of the principle of abuse of rights, articulating its conditions of application and shedding light on any concerns that may arise from its application. An examination of the principle’s application reveals that there is consensus among the different laws on the principal elements of abuse of rights. Precisely, the application of abuse of rights assumes the existence of an acknowledged legal right; and that such right ceases legal protection given that it has been abused by the right holder. Moreover, the act in question must have caused harm to the other party. The damage or loss sustained may be material or moral damages. Once a court is satisfied that an abuse is established, it will either award damages to the aggrieved party or grant specific performance.
The Application of Abuse of Rights in Arbitration
Authors: El Far Ahmed
Published: May 2020

This chapter assesses the importance of applying the principle of abuse of rights in international arbitration. It is argued that the principle of abuse of rights is necessary in international arbitration as it ensures the good administration of arbitral justice. As the different intrinsic elements of the administration of arbitral justice often compete—fairness, due process, and efficiency—where tribunals frequently sacrifice one element to preserve another, it is important to articulate how the principle may be effective to deal with such tensions. The chapter then looks at the rising phenomenon of abuse and examines how the application of the principle may ensure the good administration of arbitral justice.
The pulsation properties of λ bootis stars I. the southern TESS sample
Authors: Murphy S J , Paunzen E , Bedding T R , Walczak P , Huber D
Published: May 2020

We analyse TESS light curves for 70 southern λ Boo stars to identify binaries and to determine which of them pulsate as δ Scuti stars. We find two heartbeat stars and two eclipsing binaries among the sample. We calculate that 81 per cent of λ Boo stars pulsate as δ Sct variables, which is about twice that of normal stars over the same parameter space. We determine the temperatures and luminosities of the λ Boo stars from photometry and Gaia DR2 parallaxes. A subset of 40 λ Boo stars have 2-min TESS data, reliable temperatures and luminosities, and δ Sct pulsation. We use Petersen diagrams (period ratios), échelle diagrams, and the period–luminosity relation to identify the fundamental mode in 20 of those 40 stars and conclude that a further 8 stars are not pulsating in this mode. For the remaining 12, the fundamental mode cannot be unambiguously identified. Further mode identification is possible for 12 of the fundamental mode pulsators that have regular sequences of pulsation overtones in their échelle diagrams. We use stellar evolution models to determine statistically that the λ Boo stars are only superficially metal weak. Simple pulsation models also better fit the observations at a metallicity of Z = 0.01 than at Z = 0.001. The TESS observations reveal the great potential of asteroseismology on λ Boo stars, for determining precise stellar ages and shedding light on the origin(s) of the λ Boo phenomenon.
Transcriptome-wide organization of subcellular microenvironments revealed by ATLAS-Seq
Authors: Adekunle Danielle A , Wang Eric T
Published: May 2020

Subcellular organization of RNAs and proteins is critical for cell function, but we still lack global maps and conceptual frameworks for how these molecules are localized in cells and tissues. Here, we introduce ATLAS-Seq, which generates transcriptomes and proteomes from detergent-free tissue lysates fractionated across a sucrose gradient. Proteomic analysis of fractions confirmed separation of subcellular compartments. Unexpectedly, RNAs tended to co-sediment with other RNAs in similar protein complexes, cellular compartments, or with similar biological functions. With the exception of those encoding secreted proteins, most RNAs sedimented differently than their encoded protein counterparts. To identify RNA binding proteins potentially driving these patterns, we correlated their sedimentation profiles to all RNAs, confirming known interactions and predicting new associations. Hundreds of alternative RNA isoforms exhibited distinct sedimentation patterns across the gradient, despite sharing most of their coding sequence. These observations suggest that transcriptomes can be organized into networks of co-segregating mRNAs encoding functionally related proteins and provide insights into the establishment and maintenance of subcellular organization.
Occurrence and stability of lone pair-π and OH–π interactions between water and nucleobases in functional RNAs
Authors: Kalra Kanav , Gorle Suresh , Cavallo Luigi , Oliva Romina , Chawla Mohit
Published: May 2020

We identified over 1000 instances of water-nucleobase stacking contacts in a variety of RNA molecules from a non-redundant set of crystal structures with resolution ≤3.0 Å. Such contacts may be of either the lone pair-π (lp–π) or the OH–π type, in nature. The distribution of the distances of the water oxygen from the nucleobase plane peaks at 3.5 Å for A, G and C, and approximately at 3.1–3.2 Å for U. Quantum mechanics (QM) calculations confirm, as expected, that the optimal energy is reached at a shorter distance for the lp–π interaction as compared to the OH–π one (3.0 versus 3.5 Å). The preference of each nucleobase for either type of interaction closely correlates with its electrostatic potential map. Furthermore, QM calculations show that for all the nucleobases a favorable interaction, of either the lp–π or the OH–π type, can be established at virtually any position of the water molecule above the nucleobase skeleton, which is consistent with the uniform projection of the OW atoms over the nucleobases ring we observed in the experimental occurrences. Finally, molecular dynamics simulations of a model system for the characterization of water-nucleobase stacking contacts confirm the stability of these interactions also under dynamic conditions.
Sequence-dependent dynamics of synthetic and endogenous RSSs in V(D)J recombination
Authors: Hirokawa Soichi , Chure Griffin , Belliveau Nathan M , Lovely Geoffrey A , Anaya Michael , Schatz David G , Baltimore David , Phillips Rob
Published: May 2020

Developing lymphocytes of jawed vertebrates cleave and combine distinct gene segments to assemble antigen–receptor genes. This process called V(D)J recombination that involves the RAG recombinase binding and cutting recombination signal sequences (RSSs) composed of conserved heptamer and nonamer sequences flanking less well-conserved 12- or 23-bp spacers. Little quantitative information is known about the contributions of individual RSS positions over the course of the RAG–RSS interaction. We employ a single-molecule method known as tethered particle motion to track the formation, lifetime and cleavage of individual RAG–12RSS–23RSS paired complexes (PCs) for numerous synthetic and endogenous 12RSSs. We reveal that single-bp changes, including in the 12RSS spacer, can significantly and selectively alter PC formation or the probability of RAG-mediated cleavage in the PC. We find that some rarely used endogenous gene segments can be mapped directly to poor RAG binding on their adjacent 12RSSs. Finally, we find that while abrogating RSS nicking with Ca2+ leads to substantially shorter PC lifetimes, analysis of the complete lifetime distributions of any 12RSS even on this reduced system reveals that the process of exiting the PC involves unidentified molecular details whose involvement in RAG–RSS dynamics are crucial to quantitatively capture kinetics in V(D)J recombination.
DSSR-enabled innovative schematics of 3D nucleic acid structures with PyMOL
Authors: Lu Xiang-Jun
Published: May 2020

Sophisticated analysis and simplified visualization are crucial for understanding complicated structures of biomacromolecules. DSSR (Dissecting the Spatial Structure of RNA) is an integrated computational tool that has streamlined the analysis and annotation of 3D nucleic acid structures. The program creates schematic block representations in diverse styles that can be seamlessly integrated into PyMOL and complement its other popular visualization options. In addition to portraying individual base blocks, DSSR can draw Watson-Crick pairs as long blocks and highlight the minor-groove edges. Notably, DSSR can dramatically simplify the depiction of G-quadruplexes by automatically detecting G-tetrads and treating them as large square blocks. The DSSR-enabled innovative schematics with PyMOL are aesthetically pleasing and highly informative: the base identity, pairing geometry, stacking interactions, double-helical stems, and G-quadruplexes are immediately obvious. These features can be accessed via four interfaces: the command-line interface, the DSSR plugin for PyMOL, the web application, and the web application programming interface. The supplemental PDF serves as a practical guide, with complete and reproducible examples. Thus, even beginners or occasional users can get started quickly, especially via the web application at http://skmatic.x3dna.org.
The impact of having inadequate safety equipment on mental health
Authors: Simms A , Fear N T , Greenberg N
Published: May 2020

Background

Concerns are being raised about the impact of inadequate safety equipment on the mental health of healthcare workers during the COVID-19 medical response.

Aims

To assess the impact of inadequate safety equipment on the mental health of service personnel deployed on operations in order to better understand the impact on those working under the similarly demanding conditions of the COVID-19 medical response.

Methods

Self-report surveys were conducted in four operational environments with 3435 personnel providing data. Surveys recorded data on socio-demographic, military and operational characteristics, mental health measures and specific occupational stressors. Analysis through logistic regression explored the association between inadequate equipment and all other factors.

Results

A total of 3401 personnel provided data on their perceptions of the adequacy of their equipment, of which 532 (15%) stated that they had a lot of concerns that they did not have the right equipment in working order. Analysis found significantly greater odds of reporting symptoms of common mental health disorders (CMD), 2.49 (2.03–3.06), post-traumatic stress disorder (PTSD), 2.99 (2.11–4.24), poorer global health 2.09 (1.62–2.70) and emotional problems 1.69 (1.38–2.06) when individuals reported working with inadequate equipment. Analyses remained significant when adjusted for confounding factors such as rank, sex and operational environment.

Conclusions

An individual’s perception of having inadequate equipment is significantly associated with symptoms of CMD, probable PTSD, poorer global health and increased reporting of emotional problems. This in turn may impact on their ability to safely carry out their duties and may have longer-term mental health consequences.
Force in Nature
Authors: Carus David
Published: May 2020

This chapter explores Schopenhauer’s concept of force, which lies at the root of his philosophy. It is force in nature and thus in natural science that is inexplicable and grabs Schopenhauer’s attention. To answer the question of what this inexplicable term is at the root of all causation, Schopenhauer looks to the will within us. Through will, he maintains that we gain immediate insight into forces in nature and hence into the thing in itself at the core of everything and all things. Will is thus Schopenhauer’s attempt to answer the question of the essence of appearance. Yet will, as it turns out, cannot be known immediately as it is subject to time, and the acts of will, which we experience within us, do not correlate immediately with the actions of the body (as Schopenhauer had originally postulated). Hence, the acts of will do not lead to an explanation of force, which is at the root of causation in nature. Schopenhauer sets out to explain what is at the root of all appearances, derived from the question of an original cause, or as Schopenhauer states “the cause of causation,” but cannot determine this essence other than by stating that it is will; a will, however, that cannot be immediately known.
Classical Beauty and the Expression of Personal Character in Schopenhauer’s Aesthetics
Authors: Wicks Robert L.
Published: May 2020

This chapter explores a problem in Schopenhauer’s theory of beauty: namely, how we should understand the meaning of beautiful portraits of individuals. There is a tension between his characterization of beauty as a means to tranquility and truth and the way his metaphysics of will implies that almost everyone is filled with unsatisfied desire—a condition that significantly undermines the beauty of a person’s inner character and renders beautiful portraits of the person as mostly misrepresentative of their inner being. The essay’s position is that we should apprehend the beauty of any particular person not as representative of the person’s character, but as referring to an abstract ideal of beauty that is independent of the person’s individuality. As a corrective to the natural disposition to apprehend a person’s physical beauty as indicative of the quality of the person’s character, the expressionist style of representation is recognized as having the capacity to present the characters of individual people more truthfully.
Schopenhauer’s Understanding of Schelling
Authors: Norman Judith , Welchman Alistair
Published: May 2020

Schopenhauer is famously abusive toward his philosophical contemporary and rival, Friedrich William Joseph von Schelling. This chapter examines the motivations for Schopenhauer’s immoderate attitude and the substance behind the insults. It looks carefully at both the nature of the insults and substantive critical objections Schopenhauer had to Schelling’s philosophy, both to Schelling’s metaphysical description of the thing-in-itself and Schelling’s epistemic mechanism of intellectual intuition. It concludes that Schopenhauer’s substantive criticism is reasonable and that Schopenhauer does in fact avoid Schelling’s errors: still, the vehemence of the abuse is best perhaps explained by the proximity of their philosophies, not the distance. Indeed, both are developing metaphysics of will with full and conflicted awareness of the Kantian epistemic strictures against metaphysics. In view of this, Schopenhauer is particularly concerned to mark his own project as legitimate by highlighting the manner in which he avoids Schelling’s errors.
Schopenhauer on the Will as the Window to the World
Authors: Soll Ivan
Published: May 2020

In this essay, the author examines and evaluates Schopenhauer’s arguments for the theses that (1) our experience of our own willing or wanting various things is in a fundamental and thoroughgoing way different from all of our other experiences of the world, indeed, as he says, “different toto genere” (in every way); (2) our experience of our own will is our only experience of things as they really are as opposed to the way they usually appear to us, somewhat distorted by the structures we impose on them in the normal process of experiencing the world; and (3) our understanding of how things in the world are causally connected is necessarily based on our experience of the causal efficacy of our own will, the experience, for example, of being able to raise one’s arm when one wants to. The author concludes by arguing that although Schopenhauer’s primary metaphysical thesis—namely, that the ultimate reality is “will”—is quite unconvincing, his epistemological thesis—namely that we inevitably must conceive of all natural forces based on what we experience in ourselves as will and thus as variant forms of the will, is completely independent of his metaphysical thesis and possesses considerable plausibility.
The Politics of Oil Markets
Authors: Wolfe Wojtek
Published: May 2020

This chapter examines the politics of oil through economic, political, and geographic lenses in an effort to offer an interdisciplinary perspective on topics that have traditionally been explained through economic sources. The chapter includes an oil market description alongside several empirical cases, as an invitation for researchers to consider the functionality of oil market structures when utilizing a geopolitical lens of analysis in their future research. Politically driven state actions by key oil market actors can affect oil production, trade, and transportation activities. If oil markets are transitioning beyond the current model, then price volatility will continue to increase and test the established boundaries of existing oil markets, as well as the stability of modern commodity exchanges.
The Energy Politics of Venezuela
Authors: Rosales Antulio , Sánchez Miriam
Published: May 2020

Venezuela is essential for global energy politics because it has the largest oil reserves in the world. Historically the nation has been a significant producer, but from 2013 onward it became immersed in a deep crisis. This chapter discusses the transformation of Venezuela attributed to oil extraction, the complexities of the political configurations molded by rent distribution, and the changes in sociocultural features due to the permeation of oil rents. Venezuela’s dependence on oil has often been explained through the “resource curse thesis” due to its incapacity to assure the benefits of the commodity-led growth model and to invest in activities that foster long-term development. Political science scholarship, specifically, has been most concerned with the use of oil wealth to shape state and society and with the relationship between the state and the oil industry in Venezuela, especially its national oil company, PDVSA. These arguments account for a paradoxical mismatch between Venezuela’s promise as producer and its indebted and inefficient oil industry during Bolivarian Revolution, led first by Hugo Chávez and later by Nicolás Maduro.
Training and Improving Accuracy of Personality Trait Judgments
Authors: Blanch-Hartigan Danielle , Cummings Krista Hill
Published: May 2020

Given that accurate trait judgments are related to myriad positive characteristics and outcomes, this chapter focuses on approaches for improving trait judgment accuracy. The chapter outlines potential trait judgment training approaches aligned with the realistic accuracy model (RAM) and presents available evidence from previous training research in other domains of person perception and basic personality research. In addition, the chapter examines how characteristics of the trait, target, and judge can potentially impact training effectiveness. More research is needed to develop effective, generalizable, and impactful training interventions for personality and trait judgment accuracy.
Affixal Negation
Authors: Joshi Shrikant
Published: May 2020

This chapter studies the phenomenon of affixal negation, which is a relatively understudied subdomain in linguistic negation. The focus here is on the phenomenon itself, rather than on the individual affixes participating in it. The chapter starts by determining the place of affixal negation in the broad spectrum of negation and linguistic negation. It then goes on to examine the structural and semantic mechanism of affixal negation, including the morpho-syntactic and semantic characteristics of the elements involved in it. Later this chapter will throw light on some proposed categorization schemes of affixal negation based on morphological, syntactic, and semantic criteria. The chapter also proposes some possible exploration in the applied aspects of affixal negation.
Minimizers and Maximizers as Different Types of Polarity Items
Authors: Tubau Susagna
Published: May 2020

This chapter examines the properties of minimizers and maximizers (i.e. minimal and maximal extent- or quantity-denoting expressions) in English, Catalan, and Spanish. Special emphasis is put on (i) establishing which type of polarity item these expressions align with, and (ii) identifying connections between them and other elements of the polarity landscape such as negative quantifiers and Negative Concord Items. It is shown that different minimizers and maximizers pattern with Affective Polarity Items, Negative Polarity Items, or Positive Polarity Items in the three studied languages, and that English minimizers behave similarly to negative quantifiers when negation is adjacent to them, while in Catalan and Spanish they behave like Negative Concord Items when headed by the particle ni ‘not even’. Vulgar (taboo word) minimizers, which have been argued to carry an incorporated zero numeral in the literature, are claimed to be lexically ambiguous between zero-incorporated structures and Affective Polarity Items.
Negative Concord and the Nature of Negative Concord Items
Authors: Giannakidou Anastasia
Published: May 2020

This chapter discusses the expressions often referred to as n-words. While this term has been used extensively in the literature, we use here the more neutral term ‘negative concord items’ (NCI) since these expressions do not always contain negation. NCIs behave largely as negative polarity items (NPIs) in requiring negation for grammaticality; and questions arise about whether or not they are semantically negative, and whether they are uniform across languages. The chapter shows that NCIs exhibit variation in their distribution and interpretation. Main aspects of variation are whether NCIs always require negation (strict negative concord), or not (non-strict), and whether they can appear with non-negative meanings. The chapter assesses research of the past twenty years, and proposes a new, more synthesized, understanding of the attested variation.
Double Negation Readings
Authors: de Swart Henriëtte
Published: May 2020

This chapter is concerned with the linguistic environments in which double negation readings do and do not arise in double negation and negative concord languages. The theoretical background comes from other chapters in the Oxford Handbook of Negation. The chapter briefly surveys the experimental literature on the role of prosody in the comprehension of negative concord and double negation, and continues with a multilingual corpus investigation that focuses on language use. Under the assumption that all languages convey the same message in a specific context, production data in parallel corpora enable us to detect grammatical variation through translation. The examples are extracted from the parallel corpus EuroParl and the languages discussed are English, Dutch, German, Italian, French, and Spanish. Even though the set of languages is relatively small, the spread of grammars should be wide enough to shed light on the phenomenon of double negation in natural language.
Understanding Negation
Authors: Kaup Barbara , Dudschig Carolin
Published: May 2020

This chapter gives an overview of experimental studies concerned with the processing of explicit and implicit negation during language comprehension. The studies reported employ a large variety of experimental methods and paradigms, ranging from reaction or reading time experiments, to experiments measuring eye-tracking, EEG, or fMRI during reading. The chapter begins with an overview of early studies on negation processing and is structured according to the five main issues in the literature on negation processing: Is suppression routinely involved in negation processing? Does negation processing per default involve one or two meaning representations? Is negation integration delayed during the processing of negative sentences, and what role do pragmatic aspects play in this respect? How do embodied accounts of meaning representation deal with negation? Does negation processing involve general cognitive mechanisms that are also utilized during non-linguistic conflict processing?
Negation in L2 Acquisition and Beyond
Authors: Sánchez Liliana , Austin Jennifer
Published: May 2020

This chapter provides an overview of generative research on the acquisition of negation by multilingual learners. While early research compared the development of negation in adult L2 learners with L1 children to assess L2 learners’ access to Universal Grammar), subsequent studies focused instead on how verbal feature specification influences L2 acquisition of the relative position of negation and verbs. More recently, research on L2 negation has examined what the earliest stages of the acquisition of negation reveal about the relationship between the lexicon and syntax and has compared adult and child L2 acquisition. Other recent studies have examined the acquisition of relative scope and the source of difficulties in the L2 acquisition of negation at the interface between syntax, semantics, and pragmatics.
The Neurology of Negation
Authors: Christensen Ken Ramshøj
Published: May 2020

This chapter provides an overview of psycho- and neurolinguistic studies on negation with healthy adult speakers, as well as studies on patients with focal brain damage. Semantically, negation inverts the truth value and the direction of entailment, and it is associated with a more complex syntactic structure. Behavioral evidence shows that negative sentences are associated with increased complexity and processing load. In the ERP data, an unlicensed negative polarity item (NPI) elicits an N400, due to semantic integration cost, whereas a positive one (PPI) elicits a P600, due to structural reanalysis or pragmatic discourse processing. Neuroimaging studies with fMRI have shown that while positive polarity engages the temporo-parietal region, the syntactic complexity of negation increases activation in promoter cortex (BA 6), not in Broca’s area—which converges with the evidence showing that negation is relatively spared in Broca’s aphasia.
From ‘Notice and Takedown’ to ‘Notice and Stay Down’: Risks and Safeguards for Freedom of Expression
Authors: Kuczerawy Aleksandra
Published: May 2020

Since the emergence of the internet industry, policymakers around the world have introduced limited liability regimes, which provide rightholders with enforcement mechanisms to call upon an internet intermediary directly to remedy a wrongdoing to which they believe they have been subject. These mechanisms go generally under the name of notice and action (N&A). This chapter describes the most commonly encountered N&A mechanisms around the world, namely ‘notice and takedown’ (NTD), ‘notice and notice’ (NN), and ‘notice and stay down’ (NSD). The analysis of each mechanism refers to specific national implementations. As all N&A mechanisms provide for the removal or blocking of content, each mechanism also constitutes a potential interference with the right to freedom of expression. The goal of this chapter is to examine how different types of N&A mechanisms amplify the risks to free expression and what safeguards they include to prevent such risks from manifesting themselves.
Administrative Enforcement of Copyright Infringement in Europe
Authors: Cogo Alessandro , Ricolfi Marco
Published: May 2020

In recent years, the number of countries which have opted for the involvement of administrative bodies in the enforcement of copyright has increased as a result of the remarkable difficulties that the enforcement of copyright faces in a digital environment. This chapter describes first the European landscape of administrative bodies entrusted with the enforcement of copyright infringement online, with special emphasis on Greece, Italy, and Spain. Secondly, the chapter considers the legal framework where these administrative bodies operate with emphasis on the TRIPs Agreement, EU law, and the EU Charter of Fundamental Rights. Thirdly, the chapter looks into the essential features of these administrative enforcement systems, including procedural rules, allocation of costs, remedies, transparency, and safeguards against abuse. Finally, the chapter elaborates on the implementation of the AGCOM Regulation in practice, providing data from the case law developed so far.
Central Sudanic
Authors: Boyeldieu Pascal
Published: May 2020

The Central Sudanic family consists of some sixty languages that are spoken in the center of Africa. According to Greenberg, who coined the label, it is part of the Nilo-Saharan phylum (this point is, however, debatable and not addressed here). The chapter discusses the genetic unity of Central Sudanic, a hypothesis that still needs to be confirmed by application of a strict comparative-historical method. After reviewing previous internal classifications, it establishes five consistent subgroups, plus several ‘indeterminate’ languages. The subgroups are then submitted to a series of criteria—lexicostatistics, distribution of likely cognates, regular consonantal correspondences, derivational affixes, and syntactic typology—which lead to the provisional conclusion that these subgroups represent more or less equidistant parts of a genetic Central Sudanic unit. It considers whether the linguistic distance between languages spoken in such a limited area can simply be explained by diversification.
Phineas Gage
Authors: Lewandowski Alan G. , Weirick Joshua D. , Lewandowski Caroline A. , Spector Jack
Published: May 2020

The case of Phineas Gage is one of the most frequently cited cases from 19th century medical literature and represents the first of a series of famous cases involving the brain and behavior. While many reiterations of Gage’s case have been published, it remains important to modern neuroscience due to its unique historical significance, ongoing clinical relevance, and the insights it offers neuropsychology into the functional effects of brain injury on thinking, emotions, and behavior. This chapter revisits the critical aspects of this landmark case from a contemporary clinical perspective and discusses the implications of injury to the prefrontal cortex and pathways.
Origins of Neuropsychology Research and Teaching at the University of Melbourne, Australia
Authors: Bowden Stephen C. , Scalzo Simon J. , Stanley Gordon V.
Published: May 2020

The University of Melbourne hosts a well-known graduate training program in clinical neuropsychology, which was the first formal training program in neuropsychology established in Australia. What is less well known is that neuropsychology research has a much longer history at the University of Melbourne, beginning in the second decade of the 20th century. This chapter briefly traces the early history, which centered on collaborations between staff at the then Melbourne Teachers College and the university department of anatomy. The historical account then leaps forward half a century to describe some of the University staff and key decisions involved in establishing the graduate neuropsychology training program that continues to the current time. Again, many aspects of this more recent history, including the diversity of staff involved, are not well known. Relying on personal recollections, correspondence between staff, and minutes of faculty meetings, this account aims to pay tribute to the many staff involved in the origins of clinical neuropsychology teaching at the University of Melbourne.
A Quantitative Review of the History of Clinical Neuropsychology in North America
Authors: Rohling Martin L. , Larrabee Glenn J.
Published: May 2020

Objective: To quantitatively measure influence of both individuals and organizations in the field of neuropsychology, analyzing data from four organizations: The International Neuropsychological Society (INS), the National Academy of Neuropsychology (NAN), Society for Neuropsychology (SCN; APA Division 40), and the American Academy of Clinical Neuropsychology (AACN).

Methods: Individuals were ranked in four domains of influence: (1) organizational leadership (e.g., number, significance of offices); (2) speaking at annual meetings (number, significance of presentations); (3) editorial board membership (number, significance of board membership) for the official journals of INS, NAN, SCN and AACN; (4) impact of publications (citation impact). The top 100 individuals were ranked for each of the four domains, extending back in time to the founding year of each organization up through and including 2017. Rankings were transformed to a common metric. For the analysis of organizational influence (membership size, size of meeting, impact factor of each official organization journal), we analyzed data from the past 20 years through and including 2017.

Results: The top 100 neuropsychologists in each of the four domains represent about 3% of persons surveyed, and often appeared in other domains. Nonetheless, factor analysis yielded two factors: (1) a factor characterizing organizational leadership, editorial board membership, and speaking at annual meetings; and (2) a factor defined solely by citation impact. Organizationally, AACN is growing most rapidly, with membership stable in INS and declining slightly in NAN and SCN. Many leading neuropsychologists belong to all four organizations.