bluuebunny/crossref_metadata_2025 huggingface dataset:
Person marking
Authors: Janda Gwen Eva , Laakso Johanna , Metslang Helle
Published: June 2022

This chapter investigates patterns of verbal and nominal person marking in Uralic languages. Person is combined with number: there are three persons in singular and plural, in some languages also in dual. Person marking on finite verbs (in many Uralic languages, in case of negation it is placed on the negative auxiliary verb) is used in subject agreement, and in Mordvin, Ugric, and Samoyedic there exists an additional paradigm for object agreement (aka objective conjugation). Adnominal person markers, traditionally known as possessive suffixes, can encode possessor person but also a variety of features connected with referentiality or definiteness. With non-finite verbs they mark subject agreement in dependent clauses. The functions, uses and productivity of possessive suffixes vary greatly within Uralic.
Introduction to Nanophotonics
Authors: Benisty Henri , Greffet Jean-Jacques , Lalanne Philippe
Published: June 2022

The aim of this book is to cover the scope of Nanophotonics, a discipline that has emerged around the turn of the millennium. It results from the merge of different communities working in different aspects of light-matter interaction at the nanoscale. These include near-field optics and super-resolution microscopy, photonic crystals, diffractive optics, plasmonics, optoelectronics, synthesis of metallic and semiconductor nanoparticles, two-dimensional materials and metamaterials. Our feeling when we started the project was that a book covering most of these aspects altogether was lacking. The field is so rapidly evolving that it is impossible to summarize all the recent breakthroughs. The goal of this book is to provide a self-contained discussion of the fundamentals of the different subfields involved in nanophotonics. The current project is a collaborative project between three researchers that have been actively involved in the field from different communities. Henri Benisty has a background in semiconductor physics and optoelectronics, Jean-Jacques Greffet has a background in near-field optics and light scattering, Philippe Lalanne has a background in diffractive optics and photonic crystals. All of them made significant contributions to the advancement of the field. The book material is based on lectures that have been given by them at the Institut d’Optique Graduate School (Palaiseau, Bordeaux and Saint-Etienne).
Radiation
Authors: Benisty Henri , Greffet Jean-Jacques , Lalanne Philippe
Published: June 2022

The aim of this chapter is to derive the electromagnetic fields generated by timedependent sources. Here, we consider that the sources are known and that they radiate in vacuum. This typically corresponds to the problem of a wire antenna in vacuum. The procedure to compute the fields is based on the fact that Maxwell equations are linear. It follows that a key role is played by the field radiated by a point-like source, as any source can be decomposed into a linear superposition of point-like sources. We also introduce in this chapter a concept that plays a fundamental role in electrodynamics: the electric dipole moment.
Propagation in periodic media (I): Bloch modes and homogenization
Authors: Benisty Henri , Greffet Jean-Jacques , Lalanne Philippe
Published: June 2022

Chapter 15 introduces the Bloch modes of photonic crystals for the very important textbook example of one-dimensional photonic crystals. The originality of the present presentation lies in the dual view that is adopted. Bloch modes are described by deriving either complex-valued wavevectors for fixed real frequencies (like the waveguide modes of Chapter 6) or complex-valued frequencies for fixed real wavevectors (like the quasinormal modes of Chapter 7). This synoptic description is then used to study the first and second-order homogenisation of multidimensional crystals in the long wavelength limit, the properties of the gap and the band edge being left for the following chapter. The last part focuses on the conditions for which diffraction gratings, first reminded, can be approximately replaced by homogeneous thin films, a generic problem that is encountered in the design of many optical components and prepares the readers to the applications of metasurfaces discussed in chapter 18.
Copyright and Neighbouring Rights Come of Age
Authors: Ricketson Sam , Ginsburg Jane C
Published: June 2022

This chapter investigates the various changes that have occurred in the circumstances surrounding the Berne Convention. A number of influences are to be seen at play here, but two have been particularly crucial. First, there has been the continuing effect of technological change, in particular the advent of digital technologies and the subsequent development of networked communications and the Internet. Second, there has been the linking of protection of intellectual property rights with trade issues, culminating in the adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights in 1994 (TRIPs Agreement) as one of the annexed agreements of the newly established World Trade Organization (WTO). Underlying the adoption of the TRIPs Agreement, in turn, was widespread dissatisfaction with the way that existing intellectual property rights agreements such as Berne dealt with questions of enforcement and the absence therein of any effective dispute-resolution mechanism between states. Both these issues are closely connected, but for the purposes of exposition it is helpful to deal with the way they were resolved in the different forums of the World Intellectual Property Organization (WIPO) and Berne, and then of the General Agreement on Tariffs and Trade (GATT) and the WTO.
The Rights of Reproduction, Adaptation, and Distribution (Articles 8, 9, 12, 14, 14bis(1), 14ter, and 16)
Authors: Ricketson Sam , Ginsburg Jane C
Published: June 2022

This chapter explores the development of the reproduction, adaptation, and distribution rights in the Berne Convention through to the 1971 Paris Revision. The reproduction right is one of the most basic, and earliest-recognized, rights in copyright. The author’s reproduction rights under Berne are not limited, however, to the exclusive right to copy the work in its original form. They also extend to complete or partial reproductions of the work into other forms, and thus encompass the broad realm of adaptations. Although reproduction and adaptation rights concern the incorporeal work of authorship, Berne also provides for certain rights pertaining to the physical copies. These tend to be specific to certain categories of works: distribution of cinematographic works (articles 14(1), 14bis(1)), resale right (droit de suite) in works of art and manuscripts (article 14ter), but article 16 provides for a general right to seize infringing copies imported into Union countries. The chapter then provides an analysis of the impact of later treaties, the Agreement on Trade-Related Aspects of Intellectual Property Rights 1994 (TRIPs Agreement), and the World Intellectual Property Organization (WIPO) Copyright Treaty (WCT), on the reproduction and distribution rights.
Rights of Communication to the Public (Berne Convention, Articles 11, 11bis, 11ter, 14, 14bis; WCT, Article 8)
Authors: Ricketson Sam , Ginsburg Jane C
Published: June 2022

This chapter studies the rights of communication to the public under the Berne Convention. It considers these rights under two main headings: public performance (including public recitation), in a place where the public is present, and communication to the public by transmission, through such means as broadcasting, and dissemination by wire, including cable and the Internet. Articles 11, 11bis, 11ter, 14, and 14bis deal with certain of the author’s pecuniary rights, that is, some of the ways in which they can exploit their work. None of the later multilateral instruments affect the scope of the Berne Convention provisions on public performance. Specifically, article 8 of the World Intellectual Property Organization (WIPO) Copyright Treaty (WCT) limits its focus to communication to a remote public by transmission.
Restrictions on the Exercise of Rights: Limitations and Exceptions (Articles 2bis (2), 9(2), 10, 10bis, 11bis (2), 13, 17; later Agreements)
Authors: Ricketson Sam , Ginsburg Jane C
Published: June 2022

This chapter identifies the limitations and exceptions in the rights of authors under the Berne Convention. Although the need for limits on copyright protection is generally recognized, there have been lengthy debates throughout the history of the Convention as to how these are to be set. In ‘machinery terms’, this can be done in three main ways: subject matter limitations; restrictions on use; and uses subject to payment of compensation. The Berne Convention contains instances of all three kinds of provision. For the most part, these are not made mandatory, but are left as matters for the national legislation of member states to ‘permit’. The chapter then focuses on permitted uses and compulsory licences. It examines each of the relevant articles in turn, beginning with the most general, which deals with exceptions to the reproduction right (article 9(2)), then with specific exceptions, such as rights of quotation (article 10(1)), uses for teaching purposes (article 10(2)), press usage (articles 10bis(1) and (2), and 2bis(2)), reservations and conditions on the exercise of mechanical reproduction rights under article 13, and conditions for the exercise of broadcasting and other rights under article 11bis. The chapter also considers how the question of limitations and exceptions has been taken up and extended in the TRIPs Agreement and the WIPO Copyright Treaty.
Administrative and Financial Provisions
Authors: Ricketson Sam , Ginsburg Jane C
Published: June 2022

This chapter discusses the administrative and financial arrangements of the Berne Union. Although the Union could be regarded as an international organization, possessing a limited kind of international legal personality, it did not possess a permanent governing body, apart from the conferences of revision which met at irregular intervals. There was a permanent secretariat, the International Bureau, which, after 1893, was combined with the International Bureau of the Paris Union (later known as BIRPI). In 1962, co-ordination between the activities of the Berne and Paris Unions was enhanced by the constitution of an Interunion Coordinating Committee. Parallel changes were also made to the administrative provisions of the Paris Convention and the other industrial property conventions administered by BIRPI. At the same time, the World Intellectual Property Organization (WIPO) was constituted, becoming responsible for the administrative functions of both the Berne Union and the other industrial property unions. Finally, the financial and budgetary arrangements of each of the unions were revised. These provisions were retained unchanged in the Paris Revision of the Berne Convention, and, in the case of the administrative clauses, have provided the template for similar provisions in the WIPO Copyright Treaty (WCT) and subsequent treaties on copyright and related rights.
Tsushima
Authors: Kowner Rotem
Published: June 2022

The Battle of Tsushima, in which the Japanese Imperial Navy defeated the Russian Imperial Navy in 1905, marks the first modern victory of an Asian power over a major European power. This final and most decisive naval battle of the Russo-Japanese War was not only the most devastating defeat suffered by the Imperial Russian Navy in its entire history but also the only truly decisive engagement between two battleship fleets in modern times. On the eve of the battle, both sides believed that an engagement of their fleets would determine the final course of the war. A Russian victory could lead to tsarist control of the seas west of the Japanese home islands. A defeat, however, would end any Russian hope of altering the course of the war and possibly oblige the Russians to negotiate peace. And indeed, the Russian government’s hopes of reversing the military situation in East Asia were dashed in the battle’s aftermath. Now it was compelled to enter into peace negotiations, which resulted in the Treaty of Portsmouth, signed just over three months later. In both Japan and Russia, the Battle of Tsushima had a prolonged impact on both the fate of these nations’ respective navies and on their ambitions during at least four decades. This book is the first scholarly endeavour in English that seeks to not only tell the story of the battle but also evaluate its short- and long-term consequences in the naval, political, and social spheres.
The Battle
Authors: Kowner Rotem
Published: June 2022

This chapter provides a detailed account and analysis of the battle from the interception of the Russian armada until the arrival of its surviving ships to Vladivostok three days later. Of special attention are the opening stage of the battle and the final one, in which the Russian commander, Vice Admiral Zinovii Rozhestvenskii fell prisoner while unconscious. In tactical terms, the initial engagement between the Japanese 1st Battle Division (comprising battleships and armoured cruisers) with the life of Russian battleships was unprecedented. This chapter concludes with a detailed analysis of the reasons for the Japanese victory and the Russian fiasco.
Intangible Capital
Authors: Bryan Dick , Rafferty Michael , Wigan Duncan
Published: June 2022

In this chapter, Dick Bryan, Mike Rafferty, and Duncan Wigan trace the increasing significance of intangible capital and outline the analytical challenges this poses for the global wealth chain project and the practical challenges this poses for regulators seeking to gain traction on it. Akin to innovations in finance, intangible capital is driving a historical transformation in both the value composition and the institutional and organizational forms of global capital. The chapter argues that these transformations are changing the nature of production, exchange, and consumption, and relationships between state and capital. Intangible capital is also collapsing categorical distinctions between what is a commodity and what is a financial asset, and between financial and non-financial firms. The chapter illustrates the depth of these transformations by exploring how the management of intellectual property assets has led to the transcendence of tax rules based on valuation by comparison, accrual concepts of liabilities and assets, and readily identifiable ties between legal jurisdictions, economic activity, income streams and assets. Bryan, Rafferty, and Wigan show that while information asymmetries between the regulator and client/supplier are large in hierarchy global wealth chains because of multijurisdictional strategies deployed by firms within corporate structures, they are also large because current regulatory tools are based on outmoded concepts inadequate to capital’s evolving forms.
Beer and Pharmaceuticals
Authors: Dahl Mie Højris
Published: June 2022

In this chapter, Mie Højris Dahl explores how sectoral differences and firm size impact the way that multinational enterprises articulate their global wealth chains. Dahl contrasts three beer and three pharmaceutical firms to assess how firm size informs wealth chain asset strategy. The contrast is between a simply commodity-based product, beer, and a product with high levels of intellectual property content, pharmaceuticals. Drawing on Orbis data, Dahl maps corporate structures to find where value chains and wealth chains are present, differentiating their function and jurisdictional location. Dahl finds that firm size and the extent of internationalization inform wealth chain use, especially modular and captive forms, with beer firms using wealth chains as much as pharmaceutical firms.
Art
Authors: Helgadóttir Oddný
Published: June 2022

In this chapter, Oddný Helgadóttir investigates the formation of global wealth chains around high-value art. Helgadóttir explores how asset strategies for high-value art have led to tax-avoidance schemes based on modular and relational wealth chains. She describes how the use of art freeports, to store wealth as physical art, has boomed and been regularized as modular wealth chains, with clients selecting from off-the-shelf options for art storage and tax planning. Elites are also involved in more relational wealth chains, where high-trust relationships are maintained by status and prestige. Helgadóttir shows how ambiguity around the valuation of art is central to the modular and relational wealth chain forms, and how this market, centered around locations like Geneva and Luxembourg, defies strong multijurisdictional regulatory efforts at control.
Mining
Authors: Stausholm Saila
Published: June 2022

In this chapter, Saila Stausholm explains how fiscal arrangements in mining contracts are used to lower tax burdens on the extraction of metals, minerals, and gemstones. The fixity of natural resources means the location of value creation cannot be moved or manipulated. But when firms deal directly with governments in the negotiation of mining rights, they are often successful in negotiating tax incentives. Taking advantage of statutory tax incentives (market), contractual tax incentives (relational), and the strategic placement of ownership rights in low-tax jurisdictions (hierarchy), mining firms combine different wealth chain forms. The combination of different forms has dynamic effects on tax minimization, as the use of tax haven structures increases the value of the tax holiday. Basing the analysis upon 113 mining contracts across 21 developing countries, Stausholm finds that these fiscal arrangements provide opportunities for wealth accrual and wealth protection to mining firms.
Introduction
Authors: Davis David J.
Published: June 2022

The introduction summarizes the purpose and scope of the book, both temporally and in terms of the source material. It describes the basic discursive elements that the book explores in greater detail that underpinned the larger culture of revelation, specifying what key terms (e.g. revelation, ravished, beatific vision, raptus, visio) mean as well as other key markers of the discourse. The introduction also identifies what is meant by a ‘collective representation’ and explains how it is a useful concept in understanding the importance of divine revelation in the period, particularly as a unifying notion across much of late medieval and early modern English religion.
‘Pictures are … not for Worship’
Authors: Davis David J.
Published: June 2022

This chapter expands the discourse of divine revelation beyond the literary/linguistic to include the visual and pictorial. It examines the continued prevalence of images of God in early modern England, despite many reformers’ prohibitions and objections, and considers how these images were used. The chapter anchors different, popular representations of God in the widely published engravings of divine revelation printed in the Book of Common Prayer after the Restoration in 1660, demonstrating a continuity in the ways that God was visually depicted across several centuries. Furthermore, elaborating on the common themes of images serving as objects to stir the memory, the chapter demonstrates that in Protestant and Catholic contexts, images of God’s self-disclosure could offer people various topics for meditation, including divine immanence, divine providence, and spiritual consolation.
‘A love-token of Christ to the Soul’
Authors: Davis David J.
Published: June 2022

This chapter explores how the discourse of divine revelation was deployed in prayerbooks and devotional works of the sixteenth and seventeenth centuries. Examining both Catholic and Protestant works alongside one another, the chapter demonstrates a certain degree of continuity but also some important differences between the Protestant and Catholic use of raptus and ravishment in prayer and devotion. One thing that is apparent in this chapter is the degree to which the discourse shaped large portions of early modern devotional literature, informing an individual’s relationship to Christ as well as the purpose and goal of devotion and the notion of the church as the body of Christ.
‘Language of the Angels’
Authors: Davis David J.
Published: June 2022

This chapter examines how popular works of divine (or sacred) poetry in early modern England provide one of the most robust contexts for the culture of divine revelation. Setting aside certain scholarly debates about the confessional identities of the poets, the chapter encourages a fresh reading of this literature that tracks how different poets, across the Christian confessions, developed and expanded the discourse of divine revelation. Early modern culture understood poetry as a powerful preparative in the pursuit of divine revelation. Poets employed accommodating language, deploying imagery of celestial gardens and mystical marriages, to expand upon the traditional understanding of how human beings encountered the divine, in the hopes of aiding their readers in experiences of divine ravishment.
‘So unsatisfying … is Rapture’
Authors: Davis David J.
Published: June 2022

This chapter situates the emergence of sectarian religious groups within the larger culture of divine revelation, arguing that one of the most significant challenges to the discourse of divine revelation came from within the religious communities of the period. The chapter traces to what extent the more radical prophets were products of this culture and to what extent they were isolated from it. Furthermore, it demonstrates how the reaction against sectarian prophets, from Catholics, Presbyterians, and Anglicans, undermined the legitimacy of the discourse of divine revelation. As groups like the Quakers, the Fifth Monarchists, and others used the discourse, a growing concern surrounding the verifiability of divine revelation began to take shape among some of England’s leading theologians and ministers.
Introduction
Authors: Moore Bob
Published: June 2022

The introduction establishes the scope of the book, surveys aspects of the existing historiography and provides a justification for its structure. It then provides a short prehistory of prisoners of war and the international treaties created to protect them. This argues a gradual process of increasing awareness of the fate of both prisoners and the sick and wounded on the battlefield before custom and practice began to be codified in the second half of the nineteenth century. This culminated in the Hague Conventions of 1899 and 1907 that dealt with many aspects of land warfare, but the treatment of prisoner was almost unique in being further codified during the inter-war period, with the creation of the 1929 Geneva Convention.
Scandinavia and the Low Countries
Authors: Moore Bob
Published: June 2022

Often overlooked in the wider history of the Second World War, the German handling of prisoners taken in the Norwegian and Low Countries campaigns was ostensibly in accordance with the terms of the Geneva Convention to which all parties had been signatories. However, political considerations also played a role in the process, with the Germans deciding not to maintain the internment of the majority of Norwegian, Dutch, or Flemish prisoners who were regarded as racially compatible with the future Greater German Reich. While partly a hearts-and-minds operation, it also served to free up space for the huge numbers of prisoners taken during the campaign against France. This mass demobilization left only francophone Belgians and some intransigent Norwegian and Dutch officers in captivity whose stories have come to have a disproportionate influence on their respective national historiographies.
Conventional Captivity
Authors: Moore Bob
Published: June 2022

British (imperial) and later American captivity at the hands of the Germans has been dominated by stories of escapes, both successful and unsuccessful. This image has already been comprehensively debunked by Paul Mackenzie in The Colditz Myth and much of the British and American history of captivity has been extensively chronicled elsewhere, but there is still a need for a wider analysis of Western Allied captivity. This therefore concentrates on the ways in which the British imperial, German, and later United States’ authorities established the bilateral and multilateral organizational structures to deal with prisoners of war. As this was done more or less in accordance with the terms of the Convention, most attention will be given to the exceptions and complications that arose during the course of hostilities, for example in the so-called shackling crisis of 1942‒3 and the attempts to exchange the sick and wounded. The intention here is to show how the diplomacy and state policies affected the lives of those incarcerated and how prisoners of war continued to be a political issue for the Western powers. Their protection became even more of a priority as conditions in Germany worsened with the SS and Gestapo taking a role in maintaining order—for example in the killing of escapees from Stalag Luft III and with the Hitler order to treat all downed Allied airmen as terrorists. The chapter also charts the captivity of Allied soldiers in Italy until the latter’s capitulation in 1943 and their subsequent dispersal into the countryside, back to the Allied lines, or to two further years in German camps.
Black, North African and Indian Prisoners of War in Axis Hands
Authors: Moore Bob
Published: June 2022

Nazi racial policies were an established element within the Third Reich and a more general racism common among most European powers, but the use of imperial troops by British, French, and Italian states to prosecute the war meant that non-white British and French colonial troops became prisoners of the Germans and Italians. German attitudes were undoubtedly coloured by racist attitudes, but also by memories of the ‘black shame’, especially when it came to French colonial prisoners. Although there is no doubt that these men were subjected to much harsher treatment on the battlefield and sometimes subject to summary execution by their captors as well as being segregated and treated much less well than their European counterparts when taken into captivity, there were some exceptions when political considerations intervened. British Indian prisoners were subject to anti-imperialist German propaganda and French Muslim prisoners were likewise better treated at certain moments when it suited wider German diplomatic and security interests. Their exposure to German propaganda also created disquiet among the colonial powers who worried about how their imperial prestige had been undermined and how these men could be reintegrated back into colonial society.
Continuing Captivity
Authors: Moore Bob
Published: June 2022

As the war turned against the Axis, the many Italian prisoners in Allied hands were supplemented by increasing numbers of men in German uniforms as Western Europe began to be liberated. British and American commanders had to house and feed hundreds of thousands of prisoners in France, Belgium, the Netherlands, and Italy before the final German surrender on 8 May 1945. This led to many millions of new prisoners and a major crisis involving the American ‘Rhine Meadow Camps’ as temporary accommodation. To alleviate the pressures on resources both the British and Americans re-categorized all those surrendered on or after 8 May as Surrendered Enemy Personnel (SEP) or Disarmed Enemy Forces (DEF) respectively. They were thereby removed from the provisions of the Geneva Convention and rapidly released back into civilian life. Their counterparts captured beforehand had very different experiences—being redeployed as labour for the Allies or handed over to other European powers such as France, Belgium, and the Netherlands where they were put to work in dangerous reconstructive work including mine clearance. In these cases, Germans often remained in captivity until 1947 or 1948 before being returned home.
Acquired spinal conditions in humans: the roles of spinal curvature, the shape of the lumbar vertebrae, and evolutionary history
Authors: Plomp Kimberly A. , Been Ella , Collard Mark
Published: June 2022

Back pain has serious impacts on individual people and society, but its causes remain poorly understood. One long-standing hypothesis contends that many common back problems may be due at least partly to the stresses caused by our evolutionarily novel form of bipedalism. This chapter discusses this hypothesis and shows how recent palaeopathological, comparative and clinical evidence has been interpretated within an evolutionary framework to develop a new version of the hypothesis. We begin by outlining how the spine in humans differs from those in the great apes. We then review clinical evidence that suggests that there is a link between spinal column and individual vertebral shape on the one hand, and spinal diseases on the other. Next, we outline palaeopathological and comparative anatomical evidence that also supports the link between spinal/vertebral shape and disease. Thereafter, we discuss recent studies that not only indicate that two important acquired spinal diseases—intervertebral disc herniation and spondylolysis—are associated with vertebral shape, but also suggest that the pathology-linked morphologies can be understood in terms of our evolutionary history. Subsequently, we discuss potential biomechanical explanations for the putative link between vertebral shape and intervertebral disc herniation and spondylolysis.
Disorder in one dimension
Authors: Welberry T.R.
Published: June 2022

Basic scattering theory for occupancy or substitutional disorder is developed in one dimension (1D). Whereas the scattered amplitude is the Fourier Transform of the distribution of electron density the scattered intensity is the Fourier Transform of a function involving vector distances between pairs of atoms. This function is variously known as the autocorrelation function, the pair-distribution function, or the Patterson function. One-dimensional disorder is discussed in the context of layer structures and the concepts of site occupancy and short-range correlation are established. Binary random variables are used to describe the occupancy. General restrictions on the values that correlation coefficients may have are established.
A new refinement strategy
Authors: Welberry T.R.
Published: June 2022

With the greatly enhanced computational resources now available a quite different strategy has been developed for representing the intermolecular interactions in the MC models used to fit to the observed X-ray scattering. Previously effective inter-molecular interactions were represented by a relatively small set of interatomic springs. Now it is possible to use all the atom-atom pair interactions between neighbouring molecules to compute the MC energy. Rather than allowing the spring constants, Ki, to be independent variables, their values are expressed by an empirical formula that defines the Ki as a function of the pair type and the separation distance. This involves a small number of adjustable parameters that are determined by the fitting. The method is demonstrated using the example of the paracetamol polymorphs.
Polymorphism in aspirin
Authors: Welberry T.R.
Published: June 2022

In order to clarify the misconceptions and uncertainties concerning the polymorphism of aspirin a study using both Bragg and diffuse X-ray scattering was undertaken. A MC simulation model for aspirin has been developed which includes occupational disorder and SRO as well as the effects of local strain. By adjusting occupancy variables the model can be made to describe a whole range of structures varying from the pure form I to the pure form II structure. For all intermediate structures it is necessary to consider strain at the interfaces. The modeling shows that form II has a structure quite distinct from that of form I but contains plate-like inclusions that consist of thin layers of the form I structure.
A Case for Korea as a Developed Market?
Authors: Woo Jaejoon
Published: June 2022

High degrees of trade and financial openness make Korea vulnerable to external shocks that disrupt trade or capital flows. Accordingly, the country’s governments have sought to build a more resilient financial system while strengthening external buffers, and indeed, Korea’s sovereign credit ratings are on a par with her counterparts of the UK and France. Nonetheless, the Korean economy often behaves more like a typical emerging market (EM) than a developed market (DM), even though it has already attained DM status in many aspects. Partly motivated by this intriguing puzzle, Chapter 11 examines the evolving patterns of Korea’s trade and financial linkages and the recent experiences of different types of external shocks (e.g., global shocks such as the US Fed’s monetary policy cycle versus the China shocks seen in 2015–2016). It is revealed that Korea’s deepening economic tie with EMs via trade and finance is an important source of the EM-style volatility of the Korean won’s foreign exchange rate. It also discovers that the impact on the Korean economy of external shocks and their operational channels have tended to vary, depending on the type of shocks and their places of origin. In particular, it further explores the effects on Korea and likely spillover channels of shocks from China.
Korea Joins the League of Wealthy Nations
Authors: Woo Jaejoon
Published: June 2022

Korea’s large current account (CA) surplus has recently emerged as a silver lining of a country struggling to revive growth, providing a unique opportunity to build a significant net foreign asset (NFA) position. A new analysis predicts years of CA surpluses of a structural nature ahead. Under a central scenario, the NFA is forecast to reach 62 percent of GDP by 2030. In retrospect, however, it is surprising that Korea’s NFA position turned positive (i.e. Korea became a net creditor nation) only in 2014, although the country has run a CA surplus every single year since 1998. By definition, the current account balance and change in NFA move closely to each other, subject to valuation effects. Where did all the current account surpluses go? Why would this time be different? To provide answers for these questions, Chapter 12 examines Korea’s balance of payment system, the external capital structure (i.e. composition of foreign assets and liabilities), and valuation effects. The prospect of a more solid NFA position has positive implications for the economy, while helping to address issues such as the need for durable funding sources for the aging society and the emerging market-style volatility of the economy during major external events.
North Korea
Authors: Woo Jaejoon
Published: June 2022

Since the Korean War ended with an armistice agreement in July 1953, a potential military conflict with North Korea has been a tail risk for South Korea. It has long been recognized as a key risk factor in investing in South Korea, producing the so-called Korea discount phenomenon. With North Korea’s nuclear weapon and missile programs near completion, geopolitical tensions have risen sharply in recent years. Despite the most recent détente following the historic talks between the North and the US, there is still tremendous uncertainty regarding the end result of the nuclear standoff. North Korea risks and opportunities have great potential to drastically change not only South Korea’s future but also the political and economic landscape in the region. Chapter 13 takes stock of the latest developments in North Korea, such as its domestic economic situation and series of UN sanctions, and speculate on how the nuclear standoff will likely evolve in the near future. As part of this, the so-called reunification bonanza argument is considered. It also draws lessons from the German reunification and former communist countries’ experiences with the transition to a market economy.
Set to Fail?
Authors: Hoard Season
Published: June 2022

This chapter analyzes the implementation of scattered regulations on gender equality on boards in the USA. This piecemeal approach consists of a mix of limited federal regulation with a loose focus on “diversity” reporting that allows corporations to adopt their own definitions of diversity, state-level innovation led by a handful of states only, and scattered efforts by individual businesses to self-regulate, which comes mostly from investor pressure. The implementation of this policy patchwork in a context of a highly federalized system that has been historically hostile to business regulation has quickly shown its limits. There is no consistent increase in women’s presence on corporate boards across the corporate world. Progress remains incremental, uneven, and largely dependent on state location, investor pressure, and sector of the economy.
Opportunities for Equality in Times of Crisis
Authors: Roos Hannelore , Zanoni Patrizia
Published: June 2022

Although Belgium has a robust legal framework for equality at work, inequalities on corporate boards have remained blatant. The pressure from an economic crisis combined with a political impasse proved to be fertile ground for the initial steps toward inclusive change. The 2008 economic crisis shed public attention on the absence of women on corporate boards. The first move to address it was clearly anchored in the self-regulatory approach with the introduction of the notion of gender diversity and a comply-or-explain mechanism in the Corporate Governance Code in 2009. Disappointing results fueled advocacy for a more robust approach. The 2010–2011 political crisis offered another opportunity for change. The resulting gender quota law, notably, introduced sanctions in case of non-compliance. This chapter argues that the implementation of the gender quota law sowed the seeds for the gender transformation of boards.
Coin Hoards from Roman Dacia
Authors: Găzdac Cristian
Published: June 2022

Chapter 7 analyses the coin hoards from the province of Dacia, between the reigns of Trajan and Aurelian. The hoard data show that the denarii disappeared gradually from circulation after the middle of the third century AD, and that hoards ending before the middle of the third century contain mainly coins of a single metal: gold, silver, or bronze, with only a few hoards of mixed composition. After the middle of the third century, hoards mostly contain a single metal, but mixed denominations of denarii and antoniniani. Hoards entirely of bronze coins are rare. Hoards ending with coins of Gordian III and Philip I suggest variations in hoarding patterns by denomination according to context: ‘civilian’ hoards contain more denarii than antoniniani; and ‘military’ hoards, which were found at or very close to military sites, are dominated by antoniniani. The explanation may be that soldiers received their pay in antoniniani.
Referendum and Self-Determination in Catalonia
Authors: Ninet Antoni Abat i
Published: June 2022

On 9 June 2017, the Government of Catalonia announced the celebration of a referendum on self-determination to be held on 1 October 2017. The Catalan call triggered a new political and legal quarrel with the Spanish Government that was inexorably opposed to recognising the right to self-determination of Catalonia. The political clash between the State and the autonomous community opened several questions on the use of a referendum on self-determination without authorisation from the State. This chapter scrutinises the Catalan referendum on independence, analysing in detail both the Spanish arguments to abort the voting (considered as an unconstitutional act that breached the rule of law and a criminal offense) and the Catalan thesis to hold the plebiscite (rooted in the democratic principle and the exercise of the human right of self-determination). The chapter critically analyses the legitimacy of secession referendums in constitutional democracies and their suitability for settling territorial disputes where national minorities are involved. The conclusion raises questions for future research on secession referendums.
Deciding on the Future
Authors: Promislow Janna
Published: June 2022

Indigenous peoples in Canada, and especially in British Columbia and the northern territories, have been engaged in negotiating land and self-government agreements for many years. These agreements, known as modern treaties, recognize and modify the constitutional rights of Indigenous peoples in a number of ways. To complete an agreement, ratification of the agreement by Indigenous community members is required by negotiations policies. This chapter argues that negotiations policies pay insufficient attention to both the collective ratifying the agreement, and the campaigns leading up to the ratification vote. The context for this argument is set by a brief review of treaty negotiations processes and policies, with particular attention to context in British Columbia. It also canvasses First Nations governments and their role in relation to the individuals and collectives that hold constitutionally protected Indigenous rights. After setting the stage with these discussions, the chapter identifies problems with the conduct of ratification votes to date and gaps in the government policies that shape how the negotiations and votes are carried out. Problems identified include gaps and lack of adherence in policies regarding “overlapping and shared” Indigenous territories and how ratification campaigns are funded and supported. It argues that changes are necessary to treat Indigenous polities seriously and move towards Indigenous self-determination.
Plebiscites and Peace
Authors: Bernal Carlos
Published: June 2022

On 2 October 2016, in the so-called “Plebiscite for Peace,” the majority of voters rejected the peace agreement that the Colombian Government had negotiated with the Revolutionary Armed Forces of Colombia. The Colombian Government’s implementation of the agreement triggered review of the agreement by the Constitutional Court. This chapter aims to answer two questions arising from this case. First, can plebiscites—or referendums—confer legitimacy on the implementation of peace agreements? Second, can constitutional review of the implementation of a peace agreement confer legitimacy to that process? Correspondingly, this chapter grounds the following two claims. First, plebiscites—or referendums—can confer legitimacy to a peace agreement only where those mechanisms culminate in a fair and inclusive deliberative process. If it is likely to achieve those conditions, institutional designers should avoid scheduling this kind of participatory strategy within a transitional justice process. Second, instead—or additionally—institutional designers should employ mechanisms of constitutional review of norms implementing peace agreements. Constitutional Courts can ensure that peace agreements advance the entrenchment of democratic constitutionalism. Naturally, this can only be the case if Constitutional Courts are impartial and independent.
The Gates Effect
Authors: Fejerskov Adam
Published: June 2022

This chapter unpacks the contemporary efforts of private foundations such as the Bill and Melinda Gates Foundation to use the Global South as a laboratory ready for experiments, whether in the form of radically changing social norms or testing new technologies. With Silicon Valley as their ideological epicentre, and spurred on by the immense wealth creation of the past decades, a new group of American philanthropists and private foundations has emerged to take centre stage in the experimental movement. These hyper actors have enormous expectations about their ability to change the world, driving what they see as a global social revolution through technological innovation and experimentation. Steering this train of thought and action today is the Bill and Melinda Gates Foundation. An immense political and economic force, investing billions of dollars in medical and social research and experimentation, the foundation is currently at full throttle towards shaping the lives of poor people and poor nations. By experimenting with the development of new toilets, vaccines, or social norm change throughout the Global South it furthers a view of this part of the world as a form of live laboratory in which the failure of technical and social experiments and interventions is necessary for social progress. From the outset of the Gates Foundation, the chapter explores the role of private foundations in shaping and pushing the experimental movement forwards in the Global South.
Australia
Authors: Groot John de
Published: June 2022

This ch apter emphasizes that the legal system in Australia is a common law system. It notes that Australia is a federated system where all States and Territories have their own succession legislation. In terms of wills, the chapter argues that Australia allows informal wills to be probated provided that the Court is satisfied that the ‘testator’ intended the document to be his or her will. This chapter then shifts to discuss the method of codicils—which is executed in the same manner as the will. In the context of intestacy rules in Australia, the chapter highlights that no distinction is made between the issue of a lawful marriage, de facto, or other relationship, all are ‘issue’ entitled to take on intestacy, as appropriate. Ultimately, this chapter sheds a light on the freedom of testation in Australian law. It then reviews the concept of community property between husband and wife in Australia, joint property, and doctrine of hotchpot.
China
Authors: Gong Peijing
Published: June 2022

This chapter argues that the Chinese legal system is much closer to a civil law system than to a common law system. It notes that its succession issues are principally governed by the Succession Part of the new Civil Code. Many of the more subtle legal issues arising in international succession litigation are not yet definitively resolved in China, though academic literature addressing such matters exists. The chapter emphasizes that judicial decisions are not binding precedents in China: their persuasive value on later courts can be unpredictable. This chapter then shifts to discuss the six types of will recognized under the Civil Code: notarial will, holographic will, witnessed will, audio or video recording will, oral will, and printed will. It also explicates the intestate succession which is governed by the Civil Code and the The Supreme People’s Court (SPC) Interpretation. Under the Civil Code, there are two tiers of statutory successors: (1) spouse, children, parents are at the first tier, and (2) brothers, sisters, and grandparents are in the second tier. The chapter concludes by examining the compulsory shares, community property, and the issue of the partitioning mechanism for jointly owned property.
Czech Republic
Authors: Nocarová Zdeňka
Published: June 2022

This chapter examines the local system of the Czech Republic. It first discusses the inheritance by a will which is regulated by Civil Code. The Code provides for the following kinds of will: wills before witnesses or an allographic will. The chapter emphasizes that the document has to be signed before two witnesses and the testator must declare that the document contains his last wishes. This chapter also explores the automatic state of marital ownership in the Czech Republic. It argues that it is one of community of assets, unless a pre-nuptial contract to the contrary was entered into or it was separated during marriage, will usually only exclude assets individually owned by the spouses prior to marriage, or gained through inheritance during the marriage. Ultimately, the chapter investigates the compulsory shares and freedom of testation under Czech Republic law. It stresses that there are compulsory shares for protected heirs who are the deceased’s children. If the children do not inherit, their children (the grandchildren) are protected heirs.