bluuebunny/crossref_metadata_2025 huggingface dataset:
Influencing a Polarized Congress
Authors: Brock Clare R.
Published: November 2023

Chapter 8 summarizes the key insights: party polarization, combined with reduced congressional capacity for information gathering, has resulted in an increase in lobbying toward Congress. Interest groups now provide not only informational subsidies but also negotiation subsidies for members and their staffs. The expanded role for lobbyists in policymaking, combined with the increasingly fraught political environment in Washington, has broadened the gulf of influence between rich and poor interest groups and their ability to take a seat at the table, with implications for interest group advocacy broadly, as well as for agricultural policy specifically. This chapter concludes with a discussion of the possible substantive policy implications resulting from the shifts in interest group strategy and power. Lobbying has always favored the rich, powerful, and strong; it does so now more than ever.
A Critique of Current Doctrine
Authors: Gordley James
Published: November 2023

Before the nineteenth century, the common lawyers thought not in terms of contract but in terms of writs, such as covenant and assumpsit. Covenant required a promise under seal. Assumpsit required consideration. Bargains had consideration, but so did other promises such as those of a parent to give money to a couple after their marriage, or promises to look after and return an object gratuitously loaned or bailed. In the nineteenth century, consideration was defined as bargain. The bargained-for-detriment formula for consideration was devised to explain, albeit artificially, why the promises just mentioned were bargains. When that explanation proved inadequate, the doctrine of promissory reliance was devised, in part, to explain why they were enforceable. As we will see, it cannot do so. Nevertheless, the common law still explains the enforceability of promises in terms of bargained-for detriment and promissory reliance, in part, paradoxically, because these doctrines have been applied in commercial transactions to promote fairness in exchange.
Compensation for Harm Suffered and Lost Gain
Authors: Gordley James
Published: November 2023

The conventional rule is that a party in breach is liable in principle for the other party’s expectation interest. Nevertheless, in principle, a party in breach should be liable for the consequences of risks which that party was compensated to bear. That amount may coincide with the amount of the expectation damages. For example, a seller is compensated for the risk of losing out if the market price rises, and must compensate the buyer, in the event of breach, for the difference between the market and contract price. But sometimes the two do not coincide. This principle explains the element of truth in the distinction between the recovery of direct and indirect damages, and in the rule that limits recovery to damages foreseeable at the time that the contract was made. It explains why specific performance is granted when a performance is unique. It supports the doctrine of substantial performance and undermines the perfect tender rule. The amount of damages may be difficult to estimate, and, in that event, courts have awarded the cost of performance, enforced a liquidated damages clause, or granted specific performance.
Answering Moral Skepticism
Authors: Kagan Shelly
Published: November 2023

This book examines a variety of arguments that might be thought to support skepticism about the existence of morality, and it explains how these arguments can be answered by those who believe in objective moral truths. The focus throughout is on discussing questions that frequently trouble thoughtful and reflective individuals, including questions like the following: Does the prevalence of moral disagreement make it reasonable to conclude that there aren’t really any moral facts at all? Is morality simply relative to particular societies and times? What could objective moral facts possibly be like? If there were moral facts, how could we ever come to know anything about them? Shouldn’t belief in the theory of evolution undermine our confidence that our moral intuitions reliably reveal moral truths? Would moral facts ever actually explain anything at all? Can morality really have the motivating and rational force we normally take it to have? How can one possibly find a place for objective moral values in a scientific worldview? The book explores plausible answers to questions like these and it thus aims to show why the belief in objective morality remains an intellectually reasonable one.
What Would Morality Need to Be?
Authors: Kagan Shelly
Published: November 2023

Moral skeptics deny the existence of objective morality, and all thoughtful individuals at least sometimes wonder if there really can be such a thing. But what would it take for there to be something worthy of the name “morality”? What would it take for moral facts to be objective? This chapter introduces a variety of different features that one might want to build into the “job description” for morality. This is important to do because people disagree about what morality would need to be like. Since skeptical arguments focus on particular features of morality—claiming either that nothing can really have the given feature in question or that it is more plausible to conclude that nothing actually does have the given feature—both skeptics and moral realists need a view about what morality would need to be.
Nihilism
Authors: Kagan Shelly
Published: November 2023

Nihilists hold that although moral sentences do indeed make claims about purported moral facts, there are no such facts, so all such claims are false. (This should not be confused with the quite different view that all acts are morally permissible.) This chapter lays out the basic nihilist position, and distinguishes between abolitionist versions of nihilism, which hold that we should abandon moral talk, and revisionist versions, which suggest retaining moral language but changing what we use such language to do. The chapter also considers whether the burden of proof falls on nihilists or on moral realists, who posit facts of a sort denied by nihilists.
Noncognitivism
Authors: Kagan Shelly
Published: November 2023

Noncognitivists hold that what we ordinarily take to be moral claims are not, in fact, genuine assertions at all, but rather are used to do a different linguistic job. This chapter explains what these other linguistic jobs might be. In particular, we might use moral “claims” to express our attitudes of approval and disapproval, or to give commands. Arguments for noncognitivism are briefly surveyed, and the key point of contention between cognitivists and noncognitivists is identified. The chapter ends by noting some potential difficulties for noncognitivism.
Disagreement
Authors: Kagan Shelly
Published: November 2023

One common argument for moral skepticism appeals to the prevalence of moral disagreement. It holds that the best explanation for the widespread disagreement about moral facts is that there simply are no such facts, so there is nothing to constrain our beliefs. This chapter explores this skeptical argument and notes mechanisms capable of leading to moral disagreement that would nonetheless be compatible with accepting moral realism. The chapter also questions whether the principle underlying the argument from disagreement can be reasonably maintained, given the many other philosophical subjects which also display disagreement, including metaethics itself. The chapter concludes by asking whether a variant of the argument—one which turns on whether moral disagreement is in principle eliminable—does any better.
Evolution
Authors: Kagan Shelly
Published: November 2023

This chapter examines the common charge that since our intuitions and moral emotions are shaped by evolutionary processes, and since evolution cares only about reproduction and the propagation of genes, not morality per se, there is no good reason to think our intuitions reliably represent any genuine moral facts, even if there were such things. Different versions of the argument are considered, and it is suggested that an appeal to a common ground strategy may be able to explain the requisite connection between evolutionary advantage and moral truth. The chapter also examines the charge that our moral intuitions inevitably display a troubling path dependence arising from our evolutionary ancestry.
Motivation
Authors: Kagan Shelly
Published: November 2023

According to motive internalism, moral beliefs are capable of motivating those who accept them. Yet according to the Humean theory of motivation, motivation itself is only possible when the agent has a relevant desire. Noncognitivists argue that this shows that so-called moral beliefs are not genuine beliefs at all, but rather are desires. Accordingly, moral realists have to either reject motive internalism, reject the Humean theory of motivation, or reject the implicit assumption that no belief can be a desire as well. The prospects for each alternative are considered.
Simple Realism
Authors: Kagan Shelly
Published: November 2023

Simple realists posit the existence of basic, irreducible normative properties. This position strikes many moral skeptics as unacceptable, but it is difficult to spell out what exactly the problem is supposed to be. One possibility is that a basic normative property—such as the property of being a reason, or providing rational support—would need to be a nonnatural one, and some may find the idea of a nonnatural property scientifically unacceptable. Others think that the idea of irreducible normative properties should be rejected because such properties would be unlike other properties with which we are familiar. This chapter examines these objections.
Moral Articulation
Authors: Congdon Matthew
Published: November 2023

This book explores the historical development of new moral concepts, an activity the author labels “moral articulation.” Starting from examples of new moral language developed in the twentieth century, like ‘sexual harassment’, ‘genocide’, ‘racism’, and ‘hate speech’, this book asks: are we simply naming moral realities that already existed, fully formed and intact, prior to their expression in language? Or do changes in our concepts and language sometimes reshape the objects they bring to light? Moral Articulation outlines an ethical framework that allows us to embrace a version of the latter, transformative view without sacrificing notions of moral truth, objectivity, and knowledge. The result is a variation of moral realism that is sensitive to deep historical changes in morality. The book presents a view of moral value as extending beyond what we are presently able to put into words, urging that new developments in moral language often begin in dissonant experiences of conceptual and discursive breakdown. Resisting a tendency in contemporary ethics to start with situations and dilemmas whose descriptions are already given, this book argues that the struggle to piece together a discursively articulate picture of a situation in the first place is an ethical task in its own right. The result is a thoroughly historical yet objective picture of ethics that emphasizes the role of language in prompting moral change in our life-form. It draws inspiration from Aristotelian, Hegelian, Wittgensteinian, and liberatory praxis-inspired philosophy, as well as from Charles Taylor and Iris Murdoch.
The Hip-Hopification of Education and its Evaluation
Authors: BREIS (Student of Life Ltd)
Published: November 2023

The aim of this chapter is to highlight the need to challenge and disrupt teaching practices that no longer serve us in an ever-changing complex contemporary life. It explores how the Hip-Hopification of education sees a meeting of works where Hip Hop ‘signs in’ and enters education. Storytelling is featured strongly and sits at the centre of my Hip Hop Literacy program, which aims to make learning more fun and provide an understanding of Hip Hop, whilst simultaneously improving literacy skills. It also help us further understand and equip our young people for the future. This chapter shares outstanding students’ verses that expose their vulnerability, writing skill, and knowledge of self. I also share how I practice evaluation.
Untangling Earphones
Authors: Lonie Douglas
Published: November 2023

This chapter explores different positions in the ‘evaluation structures’ that can affect much participatory music practice. The ‘tangled earphones’ of the title refers separately to funders of music interventions, the organisations and practitioners that deliver music programmes, and the participants themselves. Reflecting on research cases from over fifteen years of work in this field, this chapter aims to ‘untangle’ some of the points of contradiction that can lead to uncritical and substandard evaluation practices. Themes of control, agency, and power in impact evaluation design and practices are addressed. The discussion proposes that, if applied uncritically, these practices may have the opposite effect of the intended positive impacts of participatory music projects (i.e., ‘unvoicing’, diminished agency, and increased alienation). The chapter concludes with a set of considerations to enable researchers and practitioners to develop approaches to evaluation that are more critical and reflective. Through this process of collective ‘untangling’ we aim to listen more clearly to the various voices represented in participatory music and understand where these voices may need greater or lesser amplification when exploring and presenting the impact of such interventions.
Evaluating Well-Being Outcomes of the Social Enterprise Noise Solution
Authors: Glenister Simon
Published: November 2023

The paper aims to demonstrate how technology can be applied to solve commonly held problems faced by arts organisations in demonstrating outcomes of their work, while also potentially improving them. Noise Solution delivers one-on-one music technology mentoring with youth, often referred by external agencies because they are at a point of crisis. The intention being to improve well-being. Self Determination Theory (Deci and Ryan, 2000) or SDT is used as a lens with which to inform the design of both mentoring and a bespoke social media ‘like’ platform facilitating the sharing of highlights and video reflections of each young person’s mentoring experiences, weekly, and securely with their identified stakeholders. Each young person’s feed also facilitates the capture and analysis of quantitative well-being data, using the Shortened Warwick and Edinburgh Well-being Scale (SWEMWBS, Warwick Medical, 2021). A sample of n224 bivariate sets of SWEMWBS data was collected from these feeds and statistically analysed using T test and Cohen’s effect calculations. Results from the data return a statistical significance of P.0001, with a high range of change (.50). The combination of mentoring, capturing, and sharing of highlights with stakeholders may contribute to fulfilling basic psychological needs identified in SDT.
Who is Heard and Who Gets to Belong in Hip Hop?
Authors: Rantakallio Inka
Published: November 2023

This chapter analyses the impact and evaluation of four initiatives that have sought to enhance the inclusion of women and non-binary practitioners in the Finnish Hip Hop music scene: (1) the D.R.E.A.M.G.I.R.L.S. group, (2) Matriarkaatti (Matriarchy) multimedia platform, (3) Hip Hop feminist anthology Kuka kuuluu?, and (4) Monsp bootcamps and mixtapes. The four examples provided women and non-binary people identifiable access opportunities to practice live performance and/or studio work and to create counterstory to the hegemonic white male narrative in Finnish Hip Hop. The chapter argues that these projects functioned as ‘counterspaces’ that challenge stereotypes and norms and help develop alternative communities and narratives, and a sense of belonging through validating the participants’ experiences as minorities. Theoretically, the chapter builds on critical whiteness studies and intersectional Hip Hop feminist theory in analysing gender and race as intersecting identities and whiteness and patriarchy as systems of power. The chapter’s evaluation of impact is based first and foremost on the perspectives of those who participated in these projects, and second on the response of other music industry stakeholders. More generally, the chapter calls attention to factors that contribute to inclusion and exclusion of women and marginalized people in Hip Hop and popular music scenes.
Model
Authors: Washington Anne L.
Published: November 2023

The second stage in the prediction supply chain is creating an authentic representation. Prediction depends on models to structure relationships between events, ideas, objects, and concepts. Models, training data, ideals are all ways to advise algorithms and coax them toward predictive outcomes. Both models and advice express a preferred optimal state. Building a predictive model reflects reality as much as it attempts to change reality. Photographic images raise awareness of the impact of history on machine learning models. An example from public health illustrates the difference between modeling a theory of the problem or a theory of a solution. This chapter encourages questioning ideals, considering outliers in training data, and forming credible narratives based on principles of justice and validity.
Empathy Through Commonality
Authors: McDonald Jared
Published: November 2023

Chapter 3 provides a theory of political compassion, arguing that Americans are less skeptical of candidates who are empathetic (who can take the voter’s perspective) than ones who are sympathetic (who promise action to help). Empathy is conveyed through commonality, such as a shared experience (I’ve been through what you’ve been through), a shared emotion (I feel how you feel), or a shared identity (I am who you are). The dimensions of empathy are tested using a series of behavioral experiments that present respondents with politicians of differing experiences, emotions, and identities. With shared experience, the research shows that opposing partisans—those who are most skeptical of a politician’s promises—are those who most require an empathetic appeal. The findings also show that a shared emotional orientation (such as anger toward or hope for the government and society) and shared identity (such as race) also shape perception s of compassion.
Compassion, Gender, and Parenthood
Authors: McDonald Jared
Published: November 2023

Chapter 4 examines how gender and motherhood shape perceptions of political character. Using two surveys, the chapter shows that women rarely experience an advantage over men when seeking public office. This is because women are assumed to be compassionate, so they receive little bonus for messaging on themes of caring and warmth. At the same time, on the one hand, they are punished for going “against type” by emphasizing traditionally masculine traits of strong leadership. Men, on the other hand, are rewarded for going against type by emphasizing traditionally feminine traits of compassion and caring. Looking specifically at the issue of parenthood, results show that Americans who have kids similarly prefer politicians who are parents. Yet this advantage applies equally to both mothers and fathers. In short, women seeking office may find the “nurturing mother” stereotype to be more constraining than advantageous.
Multiple-Reel Westerns, 1912–1914
Authors: Abel Richard
Published: November 2023

This chapter takes up multiple-reel westerns, from 1912 through 1914, with Indian pictures from Bison-101 and Universal-Bison especially conspicuous and even more complicated and contradictory than before. While some of the latter offered a rationale for Native American resistance to advancing settlers, a few—notably Bison-101 “special features”—even admitted that whites were invading and illegally seizing Indian lands. Although cowboy films may have been less numerous, their stories, with the exception of Lubin’s The Toll of Fear, were located firmly in more settled white communities, mostly now devoid of Indians and Mexicans. One feature directed by Cecil B. DeMille restaged the tragic culmination of earlier mixed-race stories; another retold the earlier violent stories of white male rivals. In the context of the Golden Jubilee, several companies also turned away from westerns to produce Civil War films.
William S. Hart, “The Man with the Face That Talks”
Authors: Abel Richard
Published: November 2023

This chapter marks a significant break as Indian pictures and cowgirl films faded from movie screens and westerns now featured male movie stars who embodied a new model of superior white masculinity. Williams S. Hart epitomized this new male star as a reconfigured “good badman,” a skilled horseman and gunman who faces off against other whites in settler communities and sometimes gangs of Mexicans and half breeds—yet bonds at least once with such a gang. He also often confronts a rival for the love of a white woman who will become the agent of his transformation. With very brief exceptions, Native Americans are conspicuously absent. Despite his transformation, Hart’s “good badman” usually goes off alone, excluded from a settled white community.
Touring the West 4
Authors: Abel Richard
Published: November 2023

During the Great War, the movie industry, along with US government agencies, produced many more short travel films in a “See America First” campaign. A favorite subject was the natural scenery of national parks that, for movie audiences, promoted America as “nature’s nation” and touring them as “a ritual of citizenship.” Some films also publicized the advances of automobiles and roads that encouraged further tourism. Nearly all showed little interest in either the former Native American inhabitants or the wildlife currently living in these landscapes. Depopulated of both Indigenous peoples and wildlife, these travel films transformed western wildlands into spectacular consumables for the pleasure of white American settlers, whether as real or virtual tourists.
From Antimonopoly to Antitrust
Authors: White Richard
Published: November 2023

Richard White’s chapter “From Antimonopoly to Antitrust” reinforces the theme of the original radicalness of the original nineteenth-century American antimonopoly tradition. White specifically addresses the emergence of antitrust law from within this broader American antimonopoly tradition. He posits that US antimonopoly and antitrust were distinct traditions, with the latter as a more technocratic synthesis emanating from the legal-political difficulties of the Gilded Age. Orienting his chapter particularly around the Interstate Commerce Act and Sherman Antitrust Act, White argues that the narrow, empirical focus on the economic consequences of antitrust undercut broader antimonopolist messaging about the threat of monopoly to the values of equality and democratic producerism in a democratic republic. The resulting antitrust laws, he concludes, were not so much the embodiment of American antimonopoly as blunting instruments deployed against more radical proposals.
Antimonopoly and State Regulation of Corporations in the Gilded Age and Progressive Era
Authors: Lamoreaux Naomi R.
Published: November 2023

This chapter revises conventional ideas about the states’ role in antitrust policy in the late nineteenth and early twentieth centuries. It argues that the effect of New Jersey’s chartermongering in stimulating a regulatory race to the bottom has been greatly overstated, as has the states’ lack of economic power in the face of combinations whose operations were national in scope. In fact, there was considerable heterogeneity in states’ efforts to enforce their antitrust laws. Some states were never very active in the antitrust arena; others were always active; some were active early on and became less so over time; still others became more active in the early twentieth century. In general, there was an East-West gradient to the avidity with which state attorneys general pursued an antitrust agenda. In the East, where big business interests were relatively strong, there was less effort to enforce the antitrust laws than in the West, particularly in the Plains states, where oppositional groups had greater strength. These patterns suggest that the political economy of the states was as important for explaining the locus of antitrust activity, as was the relative growth in the regulatory capacity of the federal government.
Antitrust and the Corporate Tax, 1909–1928
Authors: Avi-Yonah Reuven
Published: November 2023

In “Antitrust and the Corporate Tax, 1909–1928,” Reuven Avi-Yonah examines a twentieth-century antitrust measure that lay outside the Sherman Act per se—the corporate tax act of 1909. After the enactment of the Clayton Act and the creation of the FTC in 1914, the corporate tax’s antimonopoly reputation faded somewhat. Between 1919 and 1928 most of its antitrust features were eliminated, and they would not be revived during the New Deal. Nevertheless, Avi-Yonah argues that the corporate tax still retains some potential to contribute to limiting the power of monopolies, especially if the progressive corporate tax rate structure adopted in the 1930s and abolished in 2017 is revived.
Africa's International Investment Law Regimes
Authors: Kidane Won L.
Published: November 2023

Although averaged only about 3% of the inflow of the global foreign direct investment (FDI) over the last half-century, African states were asked to answer about a quarter of all investor–state claims adjudicated under the auspices of the International Centre for the Settlement of Investment Disputes (ICSID) since its inception in 1965. The African states’ support was indispensable for the creation of ICSID but once it began its adjudicative function, it gave the Africans a rough start. In the early decades, many of the newly independent states refused to participate and suffered adverse default judgments by tribunals that lacked diversity reenforcing the feeling of marginalization. Since the beginning of the new millennium, however, Africa dropped the boycott, began defending itself more vigorously, helped shape the jurisprudence, and won most of the cases. At about the same time, Africa began to appreciate the shortcomings of the existing regime of international investment law and embarked on reform efforts. Those efforts essentially took a continental and regional dimension. This book conducts a qualitative review of all aspects of Africa’s ICSID cases published in English under 13 different substantive and procedural topics and answers the question whether the adopted and proposed continental, regional, and bilateral reform efforts are indeed responsive to the actual deficiencies of the existing regime as evidenced in the cases that the African states defended in the last 60 years.
Procedural History and the Evolution of the African State’s Participation in Investment Arbitral Proceedings
Authors: Kidane Won L.
Published: November 2023

The turbulent and long journey traversed by African states covered in this book begins with the 1970s Libyan Oil cases in which the African state lost all three cases without participation and ends with the 2022 case of Bay View Group LLP v. Rwanda, in which all Western arbitrators handed a complete and resounding victory to Rwanda against investors from the United States in a case arbitrated under the 2004 US BIT Model and the ICSID Convention. This chapter begins the procedural inquiry of the pre-2010 cases and presents the full scope of the procedural history of the cases and the African state’s participation in the early cases.
The Post-2010 Modern Cases
Authors: Kidane Won L.
Published: November 2023

In the Post-2020 period, the participation of African states increased in meaningful ways. This chapter presents the procedural history of the post-2010 cases in context.
Determination of Facts
Authors: Kidane Won L.
Published: November 2023

The cases profiled in this study contain numerous examples of what kinds of facts are litigated in ISDS cases and how the various tribunals have undertaken the task of determining dispositive facts. It also shows how facts, although less frequently talked about, are perhaps more important determinants of outcome than just about anything else even in treaty cases. In a related sense, focusing on the pre-2020 cases, this chapter shows that the determination of facts is truly as essential in treaty cases as it is in any domestic judicial or arbitral proceedings. In that sense, it offers an unusually focused exposition of the least appreciated aspect of ISDS cases.
Development of Expropriation Rules in the Post-2010 Period
Authors: Kidane Won L.
Published: November 2023

In the decades that followed 2010, although it faced serious competition from other substantive principles such as fair and equitable principle, expropriation remained the most frequently invoked investment law principle. The post-2010 tribunals continued to cite to while at the same questioning some of the prior expropriation jurisprudence. They reckoned with more diverse instruments and an accumulated but not necessarily consistent body of caselaw. Focusing on the Post-2010 cases, this chapter continues the inquiry on the evolution of the concept of expropriation in the African context.
The Umbrella Clause as a Concept of International Investment Law in the African Cases
Authors: Kidane Won L.
Published: November 2023

General or specific obligations that states assume under domestic law and contract are sometimes elevated to international obligations under provisions of investment treaties often called the umbrella clause. The umbrella clause is an extremely contentious concept. Indications are that it is generally disfavored in the jurisprudence because it essentially convert contractual obligations into treaty obligations. Treaty tribunals rarely predicate their decisions in whole or in part on the umbrella clause. Many tribunals have, however, defined the contours of this principle although not always consistently. This chapter examines the prevalence and use of the umbrella clause principle in the African cases in temporal classification corresponding to the previous chapters.
Fair and Equitable Treatment and Nondiscrimination Principles in the Post-2010 Cases
Authors: Kidane Won L.
Published: November 2023

The fair and equitable principle continued to grow in frequency and complexity in the African cases in the post-2010 period. This is not unique to the African cases. The attracted ISDS tribunals’ attention in a broad spectrum of cases. Its interaction with notions of non-discrimination and denial of justice have been particularly notable. It also gradually overshadowed the principle of full protection and security with many tribunals considering the two principles two sides of the same coin. During this period, some newer concepts have also developed and solidified most notably the concept of legitimate expectations. It later became one of the most contentious concepts in investment law. This chapter examines the development of these principles in the post-2010 African cases.
Choice of Law
Authors: Kidane Won L.
Published: November 2023

The selection of the applicable law is often one of the most important decisions that any tribunal could make. Many of the African ICSID cases applied a combination of the host country’s domestic laws, treaties, and principles of international law. The selection and ascertainment of the applicable rule of law is often a subject of contention. When the claim is based on a treaty, the principal source of law is obviously the treaty itself. When the claim is based on contract, the contract often selects the applicable law. If it fails to do so, the tribunal selects one. In most cases, ISDS tribunals apply a combination of international and national laws. This chapter explores the various tribunals’ concurrent application of the host state’s laws and principles and rules of international law.
Damages
Authors: Kidane Won L.
Published: November 2023

The award and assessment of damages is often no less contentious than the finding of liability. Damages could be assessed under domestic law standards, international law standards, or under a combination of domestic and international law standards. Many of the African cases demonstrate the difficulties of the articulation of these standards and their application to specific factual circumstances. The assessment of damages often occurs after the findings of liability. Many tribunals bifurcate the proceedings on the finding of liability and assessment of damages. However, the assessment of damages is done on the basis of applicable substantive rules. This chapter canvases the various tribunals’ articulation of legal standards for the assessment of damages and their application of these standards to the African cases under review.
Allocation of Costs and Interests
Authors: Kidane Won L.
Published: November 2023

Each proceeding ends with the allocation of costs and interests. This is particularly so when the proceeding runs its full course on the merits. These decisions are taken on the basis of substantive rules that apply specifically to the allocation of costs and interests. These rules are a combination of the arbitral rules’ choice of law and relevant domestic laws addressing these matters. Collectively, these rules often delegate broad authority to the tribunal. As a result, the approaches have been as varied as the tribunals themselves although the choices they have are not exactly unlimited. This chapter surveys the allocation of costs and the award of interests in the African cases.
Africa’s BITs with Its Eastern Partners
Authors: Kidane Won L.
Published: November 2023

Afro–Asian BITs are a more recent phenomenon. Although they are remarkable indicators of South-South cooperation, they essentially used the same template of the North-South BITs with notable modifications. The key player is China, which used its own model in the early periods. It gained no noticeable following until its own model morphed to resemble the original Afro-European BITs. They showed significant evolution over the decades. This chapter traces the historical development of Africa’s BITs with its Eastern Partners and evaluates the character of these BITs concluded since the 1990s to the most contemporary. It offers a critical appraisal of selected models in generational categories.
Second Skin
Authors: Cheng Anne Anlin
Published: November 2023

What does a Black burlesque star have to do with some of the most enduring and passionate ideas in modern aesthetic theory? Josephine Baker emerges in this previously untold story as a principal figure in the drama behind the making of Euro-American modernism. Instead of seeing her nude performances as a primitivist given, the author argues that Baker’s skin was central to heated debates about and desire for “pure surface” that crystallized at the convergence of modern art, architecture, machinery, and philosophy. Taking the reader across the Atlantic—through real stages and imagined houses; banana plantations and ocean liners; metallic bodies and radiant cities—this study tracks the ardent and protean conversation between the making of a modernist style and the staging of a new Black visuality. In this account, Baker and the modernists known to have adored and objectified her in fact share a common dream: the fantasy of remaking and wearing the skin of the other.
Skins, Tattoos, and the Lure of the Surface
Authors: Cheng Anne Anlin
Published: November 2023

This chapter presents an introduction to architectural theorist Adolf Loos, known as the founding father of modern architecture, and his seminal theories about ornamentation, tattoos, cladding, and other key terms that contributed to the making of what we now understand as “modern architecture.” This in-depth analysis of key terms in Loos’s conceptual body of work reveals the contradictions, desires, and disavowals fueling Loos’s formulation for a clean, modern surface. The invention of the “denuded modern surface” reveals, counterintuitively, a layered engagement with and nostalgia for the “primitive skin” that “denuded modern surface” was supposed to repel and replace.
Housing Baker, Dressing Loos
Authors: Cheng Anne Anlin
Published: November 2023

This chapter focuses on the celebrated, though never built, house that Adolf Loos infamously designed for Josephine Baker. Instead of approaching Loos’s architectural design as an interpretation of Baker, as is often assumed, we will instead see Loos’s design through the lens of Baker’s own theatrical practice. Through a series of close readings focused on Baker’s films and photography, we begin to understand Baker herself as a practitioner and theoretician of what might be called an “evasive exhibitionism.” Understanding Baker’s own complex relationship to exhibitionism in turn helps us discern how her cinematic and photographic strategies not simply inspired Loos but applied tremendous pressure on Loos’s most cherished theoretical concepts, such as pure surface, the Raumplan, black-and-white geometry, and more. Only by reading Loos through Baker, rather than the other way around, can we begin to see how the play of “visibility” and “surface” so central to the birth of modern architectural theory, is indebted to a passionate but fraught fantasy about the skin of the other.
Who is Protected?
Authors: Nic Shuibhne Niamh
Published: November 2023

Chapter 3 explores the personal scope of Union citizenship to set out ‘who’ is protected by EU citizenship law. Article 20(1) TFEU establishes that ‘[e]very person holding the nationality of a Member State shall be a citizen of the Union’ and continues (since the Amsterdam Treaty) by characterising Union citizenship as an ‘additional’ status that does ‘not replace national citizenship’. From the perspective of EU law, Union citizenship is therefore a conferred status, meaning that it cannot be acquired through a direct citizen-to-Union process: to become a Union citizen, a person must either be or become a national of one of the Union’s Member States and, conversely, the loss of Member State nationality entails a corresponding loss of Union citizenship. It does not follow, however, that there is no role for EU law as regards the processes that Member States apply with respect to both acquiring and withdrawing nationality. To understand the reasons behind and parameters of that role, the legal implications of the constitutive link between Union citizenship and Member State nationality are examined in this chapter through two key questions. First, what is the role of EU law when Member States determine who may acquire or lose their nationality? Second, what are the consequences in EU citizenship law when a person holds more than one nationality, whether the nationalities of one Member State and a third country, or of two Member States?
Who is Protected?
Authors: Nic Shuibhne Niamh
Published: November 2023

Extending EU legal protection to the family members of Member State nationals, irrespective of the nationality of the former, has a long history in EU free movement law and one thing has not changed over time: the Treaty does not confer autonomous rights on third-country nationals and therefore any rights granted to third-county national family members must be derived from the Union citizen. Chapter 4 first sets out the principles that guide such protection before examining how ‘family members’ are defined—principally, through the provisions of Directive 2004/38. Following an overview of the relevant provisions of the Directive, different categories of protected family members, the nature of the rights that they enjoy, and the conditions to which these rights are subject are presented. It will be seen that significantly stronger protection is extended to core family members, as defined by EU law, compared to those in a Union citizen’s wider family orbit. Thematic questions that arise include the influence of the right to respect for family life, the relevance of a family member’s status under a Member State’s immigration rules, and the consequences of changed family circumstances. The requirement that certain family members must be ‘dependent’ on the Union citizen from whom they derive their rights is also discussed. In that sense, the dependency of minor Union citizens on their parents bridges to Chapter 5, which examines residence rights for third-country nationals in a dependent Union citizen’s home State.
Union Citizenship and the Home Member State
Authors: Nic Shuibhne Niamh
Published: November 2023

Chapter 5 considers the rights of Union citizens in their home Member States. Most legal questions on Union citizenship concern Member State nationals present in another State—the host State—as well as relevant conditions and limitations. But the status of Union citizenship also reaches into situations where free movement rights were not exercised at all. Reflecting Article 10(3) TEU’s guarantee that ‘[e]very citizen shall have the right to participate in the democratic life of the Union’, this chapter first outlines the link between EU law and voting rights in the home State as well as the four procedures for citizen engagement in Article 24 TFEU: the European Citizens’ Initiative, the right to petition the European Parliament, applying to the European Ombudsman, and writing to Union institutions or bodies. The entitlement under Article 23 TFEU of Union citizens who are present in the territory of a third country to protection by the diplomatic or consular authorities of any Member State is also addressed, since another State acts as home State ‘surrogate’ in such circumstances. Residence rights for family members in a Union citizen’s home State are more controversial, implanting a role for EU law in what might be perceived as situations that should fall only within the scope of national immigration competence. Nevertheless, a right of residence cannot be refused to a third-country national family member in a Union citizen’s home State if, otherwise, the Union citizen would be obliged to leave the territory of the Union.
Excluding Union Citizens
Authors: Nic Shuibhne Niamh
Published: November 2023

It has always been recognised that EU free movement law is not unlimited, and that Member States may restrict free movement and residence rights for good reasons of public policy, public security, or public health. However, when doing so, they must act within the framework of EU law and, in several respects, that framework has further narrowed the discretion that States may exercise through consideration of Union citizenship. Directive 2004/38 sets out the key rules and principles, evolved through the interpretation of its provisions in the case law of the Court of Justice. Expulsion from a host State—which cuts to the heart of freedom of movement and ‘can seriously harm persons who, having availed themselves of the rights and freedoms conferred on them by the Treaty, have become genuinely integrated into the host Member State’ (recital 23 of the Directive)—compels detailed legal rules. In some respects, excluding Union citizens or their family members is still an aspect of national immigration systems. But EU citizenship law significantly constrains national practices both substantively and procedurally in several critical respects. In Chapter 10, the central concepts of public health, public policy, and public security as well as critical framing principles that determine their application (especially proportionality and compliance with EU fundamental right) are examined. The Directive’s tiered system of protection against expulsion—connected, like the right of permanent residence, to duration but also quality of residence in the host State—is also explained. Finally, the administrative formalities and procedural safeguards mandated by EU law are presented.
Globalization of production
Authors: Hauge Jostein
Published: November 2023

Over the past few decades, production has become massively fragmented and globally dispersed—a development that has been part and parcel of economic globalization since the 1980s. Workers, firms, and sometimes even entire countries have come to occupy segments and niches of so-called global value chains. In this chapter, I look at the winners and losers in this era of globalized production. I conclude that, overall, the winners are mainly large transnational corporations based in the global North. At worst, these corporations solidify and strengthen their power in the world economy at the expense of economic development and industrialization in the global South. This power is fortified by technological dominance, strong protection of intellectual property, favourable trade agreements, low trade barriers, and privileged access to low-cost capital and labour all over the world. This systemic problem has remained intact even after the COVID-19 pandemic and Russia’s invasion of Ukraine rattled global value chains and global supply chains.
Ecological breakdown
Authors: Hauge Jostein
Published: November 2023

Industrialization and economic growth have been major factors in causing ecological breakdown. International climate agreements even have benchmarks to compare today’s levels of global warming to ‘pre-industrial levels’ because this is the last time we can confidently say that we lived within planetary boundaries. In this chapter, I compare two perspectives that offer different growth and industrialization pathways in the age of ecological breakdown: green paradigms and degrowth. Degrowth more accurately and honestly highlights the contradictions between growth and ecological sustainability but faces more economic trade-offs and practical hurdles from a policy perspective. In light of this, I highlight three policy pathways where the perspectives can meet: (i) target and scale down ecologically damaging industries and activities, (ii) incentivize community-centred living rather than individual-centred living, and (iii) focus scale-down measures at those responsible for ecological breakdown (e.g. the rich and the global North rather than the poor and the global South).
Industrial policy for the future
Authors: Hauge Jostein
Published: November 2023

This chapter addresses the ‘So what?’ question—what are the implications for national and international policy given my preceding analysis? The chapter is organized around six policy pillars that are intended to form a foundation for reforming and designing policy. Some of the policy pillars focus on national economic policy and industrial policy. Other policy pillars focus on reforms to the system of global governance that can help to create a level playing field in the world economy. Together, the policy pillars are meant to serve as inspiration for policy stakeholders, and stimulate debate among those interested in studying and researching policy.