bluuebunny/crossref_metadata_2025 huggingface dataset:
Influences of dispersion and long‐range corrections on molecular structures of three types of lithium phthalocyanine dimer
Authors: Sumimoto Michinori , Kawashima Yukio , Yokogawa Daisuke , Hori Kenji , Fujimoto Hitoshi
Published: March 2012

We report here the results from theoretical calculations of the potential energy curves for three dimers of lithium phthalocyanine (LiPc) using nine types of functionals: the M06‐2x, M06L, B97D, ωB97, ωB97X, ωB97XD, CAM‐B3LYP, LC‐ωPBE, and LC‐BLYP. The results were discussed in comparison with those obtained for the dimers of magnesium phthalocyanine (MgPc). The dispersive and long‐range interactions were considered in part by using these functionals. The mechanism whereby the dispersive and long‐range interactions affect the geometric structures of the LiPc and MgPc dimers is discussed. The calculated results provide insight into the computational methods for both open‐ and closed‐shell metal phthalocyanine (MPc) dimers: Although it is difficult for the CAM‐B3LYP, LC‐ωPBE, and LC‐BLYP functionals only with the long‐range corrections to evaluate weak dispersion interactions appropriately, the M06‐families, ωB97‐families, and B97D functionals can estimate a weak dispersion interaction well in both open‐ and closed‐shell MPc dimers. However, the results should be used with caution against overestimation of the relative stabilities for the results of functionals considering despersion correction. © 2012 Wiley Periodicals, Inc.
Carbon Nanotubes in the Liquid Phase: Addressing the Issue of Dispersion
Authors: Premkumar Thathan , Mezzenga Raffaele , Geckeler Kurt E.
Published: March 2012

The inherent size and hollow geometry with extraordinary electronic and optical properties make carbon nanotubes (CNTs) promising building blocks for molecular or nanoscale devices. Unfortunately, their hydrophobic nature and their existence in the form of agglomerated and parallel bundles make this interesting material inadequately soluble or dispersible in most of the common solvents, which is crucial to their processing. Therefore, various ingenious techniques have been reported to disperse the CNTs in various solvents with different experimental conditions. However, by analyzing the published scientific research articles, it is evident that there is an important issue or misunderstanding between the term “dispersion” and “solubilization”. As a result many researchers use the terms interchangeably, particularly when stating the interaction of CNTs with liquids, which causes confusion among the readers, students, and researchers. In this article, this fundamental issue is addressed in order to give basic insight to the researchers who are working with CNTs, as well as to the scientists who deal with nano‐related research domains.
Reversible Hydrogenation and Bandgap Opening of Graphene and Graphite Surfaces Probed by Scanning Tunneling Spectroscopy
Authors: Castellanos‐Gomez Andres , Wojtaszek Magdalena , Arramel  , Tombros Nikolaos , van Wees Bart J.
Published: March 2012

The effects of hydrogenation on the topography and electronic properties of graphene and graphite surfaces are studied by scanning tunneling microscopy and spectroscopy. The surfaces are chemically modified using an Ar/H2 plasma. By analyzing thousands of scanning tunneling spectroscopy measurements it is determined that the hydrogen chemisorption on the surface of graphite/graphene opens on average an energy bandgap of 0.4 eV around the Fermi level. Although the plasma treatment modifies the surface topography in an irreversible way, the change in the electronic properties can be reversed by moderate thermal annealing and the samples can be hydrogenated again to yield a similar, but slightly reduced, semiconducting behavior after the second hydrogenation.
Estimation of Minimum Doses for Optimized Quantum Dot Contrast‐Enhanced Vascular Imaging In Vivo
Authors: Roy Mathieu , Niu Carolyn J. , Chen Yonghong , McVeigh Patrick Z. , Shuhendler Adam J. , Leung Michael K. , Mariampillai Adrian , DaCosta Ralph S. , Wilson Brian C.
Published: March 2012

Quantum dot (QD) contrast‐enhanced molecular imaging has potential for early cancer detection and image guided treatment, but there is a lack of quantitative image contrast data to determine optimum QD administered doses, affecting the feasibility, risk and cost of such procedures, especially in vivo. Vascular fluorescence contrast‐enhanced imaging is performed on nude mice bearing dorsal skinfold window chambers, injected with 4 different QD solutions emitting in the visible and near infrared. Linear relationships are observed among the vascular contrast, injected contrast agent volume, and QD concentration in blood. Due primarily to differential light absorption by blood, the vasculature is optimally visualized when exciting in the 435–480 nm region in 81% of the cases (89 out of 110 regions of interest in 22 window chambers). The threshold dose, defined here as the quantity of injected nanoparticles required to yield a vascular target‐to‐autofluorescence ratio of 2, varies from 10.6 to 0.15 pmol g−1 depending on the QD emission wavelength. The wavelength optimization maximum and broadband gain, defined as the ratio of threshold doses estimated for optimal and suboptimal (worst wavelength or broadband) spectral illumination, has average values of 4.5 and 1.9, respectively. This study demonstrates, for the first time, optimized QD imaging in vivo. It also proposes and validates a theoretical framework for QD dose estimation and quantifies the effects of blood absorption, QD emission wavelength, and vessel diameter relative to the threshold dose.
Development and validation of a computational model for design analysis of a novel marine turbine
Authors: Ashuri Turaj , van Bussel Gerard , Mieras Stefan
Published: March 2012

The vast tidal and wave energy resources represent a potential to use marine energy systems to supply part of the global energy demand. However, there are many advances required to develop economic and reliable marine energy systems, which some of these advances can be achieved by using the existing knowledge and experience from offshore and wind energy industry. This research presents a novel marine energy system that integrates the concept of a vertical and horizontal axis wind turbines by combining a Darrieus and Wells type rotor. However, many other different concepts have been proposed, but models that account for hydrodynamic, structure and control are needed to determine their technical and economical feasibility. With the use of the double‐multiple streamtube theory, a hydrodynamic model is developed to predict the performance and the loads on the turbine blades coupled with a finite element model to compute strains and stresses. To validate the model, we used strain data from field measurement of the demo prototype. The validated model was used to compute extreme stresses and calculate the fatigue life. The model gives reliable estimates of stresses and fatigue life. With this result, the design analysis of the turbine blades can be optimized for any site condition and expected life time. Copyright © 2012 John Wiley & Sons, Ltd.
A methodology for the efficient computer representation of dynamic power systems: Application to wind parks
Authors: Peña Rafael , Medina Aurelio , Anaya‐Lara Olimpo
Published: March 2012

This contribution presents a methodology to efficiently obtain the numerical and computer solution of dynamic power systems with high penetration of wind turbines. Due to the excessive computational load required to solve the abc models that represent the behavior of the wind turbines, a parallel processing scheme is proposed to enhance the solution of the overall system. Case studies are presented which demonstrate the effectiveness and applications of the proposed methodology. Copyright © 2012 John Wiley & Sons, Ltd.
Wake impacts on downstream wind turbine performance and yaw alignment
Authors: McKay Phillip , Carriveau Rupp , Ting David S‐K.
Published: March 2012

Aerodynamic wake interaction between commercial scale wind turbines can be a significant source of power losses and increased fatigue loads across a wind farm. Significant research has been dedicated to the study of wind turbine wakes and wake model development. This paper profiles influential wake regions for an onshore wind farm using 6 months of recorded SCADA (supervisory control and data acquisition) data. An average wind velocity deficit of over 30% was observed corresponding to power coefficient losses of 0.2 in the wake region. Wind speed fluctuations are also quantified for an array of turbines, inferring an increase in turbulence within the wake region. A study of yaw data within the array showed turbine nacelle misalignment under a range of downstream wake angles, indicating a characteristic of wind turbine behaviour not generally considered in wake studies. The turbines yaw independently in order to capture the increased wind speeds present due to the lateral influx of turbulent wind, contrary to many experimental and simulation methods found in the literature. Improvements are suggested for wind farm control strategies that may improve farm‐wide power output. Additionally, possible causes for wind farm wake model overestimation of wake losses are proposed.Copyright © 2012 John Wiley & Sons, Ltd.
Contribution of bremsstrahlung of free electrons to formation of the background component for NaK X‐ray fluorescence
Authors: Pavlinsky G. V. , Gorbunov M. S. , Vladimirova L. I.
Published: March 2012

Bremsstrahlung of free electrons (photo, Auger and Compton electrons) that occur in an irradiated sample is compared with probable components of the radiation background, such as diffuse scattering of the sample radiation by the analyzing crystal, X‐ray fluorescence of the analyzing crystal and high orders of Bragg's reflection of the polychromatic primary radiation scattered in the sample under study. The comparison is performed within a range of NaKα line. It is revealed that response functions, represented by experimental intensities of background samples, are in good agreement with calculated summary values of the background intensity. The contributions of bremsstrahlung of free electrons to the formation of the background component of the analytical signal are estimated within the considered range of the X‐ray fluorescence spectrum. Copyright © 2012 John Wiley & Sons, Ltd.
A novel and efficient assay for identification and quantification of Acidithiobacillus ferrooxidans in bioleaching samples
Authors: Feng Shoushuai , Xin Yu , Yang Hailin , Zhang Ling , Kang Wenliang , Xia Xiaole , Wang Wu
Published: March 2012

Acidithiobacillus ferrooxidans is a Gram-negative, acidophilic, and chemolithotrophic bacterium that is active in bioleaching. The leaching efficacy is directly influenced by the biomass changes of this specie in bioleaching microbial community. In order to perform a simple and sensitive assay on A. ferrooxidans from mixed strains in this process, a novel assay was developed based on sandwich hybridization assay with the aid of S1 nuclease treatment and fluorescent labeling. In the work, a designed DNA probe complementary to the conservative region of its 16S rRNA was synthesized, which showed high accuracy for distinguishing homologous species with the exclusion of even-only two base pairs difference. The specificity of this assay was verified in different systems with mixed strains, and the quantitative result was proved by comparison of microscopic cell counting. The detection sensitivity was about 8 × 102 cells/ml and the inter-assay coefficient of variation of three independent assays was from 3.8 to 7.7 %, respectively. In addition, the cycle of assay was about 3–4 h when the cost estimated was less than $0.5 per sample. This assay method might be applied for identifying and monitoring any kind of bacterial strain from a mixed microbial flora in bioleaching or other areas.
Supporting Implementation: The Role of Community Development Teams to Build Infrastructure
Authors: Saldana Lisa , Chamberlain Patricia
Published: March 2012

Evidence‐based methods for assisting consumers, such as counties, in successfully implementing practices are lacking in the field of implementation science. To fill this gap, the Community Development Teams (CDT) approach was developed to assist counties in developing peer networks focused on problem‐solving and resource sharing to enhance their possibility of successful implementation. The CDT is an interactive, solution‐focused approach that shares many elements of the Interactive Systems Framework (ISF) for Dissemination and Implementation. An ongoing randomized implementation trial of Multidimensional Treatment Foster Care (MTFC) was designed to test the hypothesis that such interactive implementation methods are more successful at helping counties achieve successful and sustainable MTFC programs than standard individualized implementation methods. Using the Stages of Implementation Completion measure, developed for this study, the potential benefit of these interactive methods is examined at different stages of the implementation process ranging from initial engagement to program competency.

Special Issue: Advances in Bridging Research and Practice Using the Interactive System Framework for Dissemination and Implementation; Guest Editors: Abraham Wandersman, Paul Flaspohler, Catherine A. Lesesne, Richard Puddy; Action Editor: Emilie Phillips Smith
Corrosion Inhibition by Some Cationic Surfactants in Oil Fields
Authors: Tawfik Salah M. , Sayed Atef , Aiad Ismail
Published: March 2012

Two cationic surfactants, namely, tetradecyl dimethyl benzyl ammonium chloride (TDBAC) and tributyl tetradecyl phosphonium chloride (TTPC) were supplied from the local market and characterized. The adsorption tendency of the two surfactants was estimated from the values of the depression of surface tension of the water at the critical micelle concentration. The studied surfactants were evaluated as antimicrobial agents against sulfate‐reducing bacteria. These cationic surfactants showed good antimicrobial activities against the tested microorganisms. It was also found that these compounds are good corrosion inhibitors for carbon steel in 0.5 M HCl at doses of 25–600 ppm.
Drops in the bucket? A review of onshore responses to Somali piracy
Authors: Bueger Christian
Published: March 2012

That piracy needs to be addressed onshore is a widely shared assumption. While the majority of counter-piracy measures focus on the sea, a number of onshore counter-piracy initiatives have been launched. We can observe the seeds of an alternative land-based policy approach. One set of land-based programs aims at strengthening the legal and security state apparatus to better deter and punish pirates. The other set of programs aims at addressing local populations on regional, clan or village levels. Such projects aim at increasing surveillance, sensitizing populations for the consequences of piracy, and providing rehabilitation or alternative livelihood opportunities. In this article, I review the latter type of projects and discuss the promises and difficulties of addressing piracy by such measures. I discuss five major problems: knowledge problems, implementation problems, counterintuitive consequences, tensions towards other parts of counter-piracy strategy, and the securitization of aid.
Total losses and the peril of piracy in English law of marine insurance
Authors: Gauci Gotthard
Published: March 2012

Whereas the Marine Insurance Act 1906 provides substantial detail about total losses, very little is provided in relation to piracy in the said statute. The recent judgments in Masefield v Amlin by Steel J ([2010] 1Lloyd's Rep. IR 345) and then by the English Court of Appeal ([2011] EWCA Civ 24) have highlighted the difficulties associated with determining whether a seizure of the subject-matter of insurance, in this case cargo, by pirates, demanding a ransom, can give rise to a claim for a total loss. This is a very important matter which also raises issues of legality and public policy. This article examines the implications of this judgment against the backdrop of the English marine insurance definition of piracy and the intricacies of the law relating to constructive and actual total losses. The article concludes with the suggestion that possibly the marine insurance definition of piracy should tally with that in the domain of public international law, and further, that legislative intervention should be considered for the purpose of ascertaining the point in time whether and when seizure by pirates can constitute a total loss.
Introduction
Authors: Shany Yuval , Rodley Nigel
Published: March 2012

This issue of the Israel Law Review comprises three parts. The bulk of the issue is devoted to a collection of articles resulting from the international conference entitled “Human Rights and Justice in Immigration: National and International Perspectives,” held by the Minerva Center for Human Rights at the Hebrew University of Jerusalem in May 2009. The conference was the culmination of the work of an interdisciplinary research group, which had been working together at the Minerva Center since early 2007, and it was held with the cooperation of the Konrad-Adenauer-Stiftung and the Hebrew University's Bruce W. Wayne Chair of International Law.
Minority Rights for Immigrants? Multiculturalism versus Antidiscrimination
Authors: Joppke Christian
Published: March 2012

Contemporary immigration has reinforced calls for minority rights in liberal states, which accrue to immigrants (but also to citizens) qua member of an ethnic minorify group. It is often overlooked that such minority rights may be of two kinds: multicultural rights that protect cultural differences or antidiscrimination rights that attack discrimination on these grounds. I argue that the importance of multicultural rights has been greatly exaggerated, and that much of the work attributed to them has in fact been accomplished by group-indifferent individual rights. By contrast, antidiscrimination rights are growing stronger; even in Europe. However, to the degree that it tackles indirect discrimination, antidiscrimination cannot but be factually group-making, even in states that reject multiculturalism.
Citizens' Rights and Human Rights
Authors: Legomsky Stephen H.
Published: March 2012

Given the burgeoning literature on the devaluation of national citizenship and the effects of globalization, the sources and beneficiaries of individual legal rights assume increased importance. This Article seeks to distinguish those legal rights that states should confine to their own citizens from those that flow from residence, immigration status, territorial presence, or simply personhood. Section I examines the very reasons for states to distribute citizenship in the first place. These reasons relate to participatory democracy, immigration privileges, other rights and disabilities, personal emotional fulfillment, building community, continuity over time, sovereignty, and the world order. It finds unconvincing those reasons that rest on the municipal interests of states but, given the present world order, finds those reasons that are rooted in international relations more compelling. Building on those conclusions, Section II considers a second normative question: What are the key variables that should determine whether a given legal right should be confined to citizens rather than made more generally available to all persons or at least selected classes of noncitizens? Section III then illustrates how one country—the United States—parcels out legal rights and examines whether its decisions comport with the demands of international human rights law.
Managing Female Foreign Domestic Workers in Singapore: Economic Pragmatism, Coercive Legal Regulation, or Human Rights?
Authors: Tan Eugene KB
Published: March 2012

Singapore's immigration discourse is deeply influenced by its need to “right-size” its population. As a society that has and remains in need of immigration, contemporary immigration and globalization have rigorously challenged the conventional thinking and understanding of citizenship, as well as notions of who belongs and who does not. Nevertheless, international marriages and pervasive in-and out-migration for purposes of employment, study, and family, conspire to make more pronounced the decoupling of citizenship and residence in Singapore. This transnational dimension sits uncomfortably with the policy makers' desire for, and the imperatives of, state sovereignty, control, and jurisdiction.

Although one quarter of people living in Singapore are foreigners, concerns of human rights and justice are largely peripheral, if not absent from the immigration discourse. This is seen most clearly in employment issues pertaining to foreign female domestic workers (FDWs), most of who come from other parts of Southeast Asia. ‘Rights talk’ is largely absent even as activists seek to engage the key stakeholders through the subtle promotion of rights for such workers.

The government, however, has resisted framing the FDW issues as one of rights but instead has focused on promotional efforts that seek to enhance the regulatory framework. This dovetails with the reality that immigration law also functions as quasi-family law in which the freedom of FDWs and other foreign menial workers to marry Singapore citizens and permanent residents are severely restricted. As such, the immigration regime's selectivity functions as a draconian gatekeeper. Justice and human rights are but tangential concerns.
Sovereign States Control of Immigration: A Global Justice Perspective
Authors: Zilbershats Yaffa
Published: March 2012

Global justice is a relatively new concept that is being developed both by scholars, who belong to the political school of thought, and by others, who define themselves as cosmopolitans. Whereas political scholars believe that the global implications of justice contemplate states or peoples, cosmopolitans refer to the individual as the subject of justice even when dealing with it on a global scale.

Despite the differences between the two schools, this Article shows that none has clearly called for the imposition of additional obligations upon states that would force them to allow immigrants to enter those states' territory. Further, our survey shows that the five scholars examined believe that considerations of global justice should compel developed states to offer at least some assistance to burdened or poor states in order to reduce the causes of migration. All differ regarding the type and scope of assistance but agree that the reasons for migration should be reduced in the state of origin.

What is missing in the scholarly works on global justice is a solution to the forced migration of masses of people. This problem cannot be solved, at least in the short run, solely by assisting the state of origin. As long as the lives of the migrants are threatened, states must open their gates to save them and agree that an international body will administer this issue and ensure that the burden is shared proportionally among the various states of the world. Such an international body will also be competent to promote programs of assistance to states, which will in turn reduce the need to migrate.
Rights in Immigration: The Veil as a Test Case
Authors: Stopler Gila
Published: March 2012

Immigration often involves the migration of people of specific cultural and religious background to countries in which the predominant cultural and religious background is quite different. This may result in attempts by receiving countries to restrict the new immigrants ‘cultural and religious practices. The Article uses the debate surrounding the wearing of the veil in Europe as a test case for the way in which recognition rights may be affected by the process of immigration. First, the Article maintains that the balance of rights and interests involved in conflicts over immigrants’ rights changes along the process of immigration, and divides this process into three stages—the entry application, the application for citizenship, and the life as an immigrant in the receiving country. Subsequently, it lays out the conflicting rights and interests involved in the veil controversy—the conflict between immigrant and local cultures; the conflict between immigrants’ religious liberty and state interests such as maintaining religious neutrality/laïcité, and protecting from the perceived threat of radical political Islam; the conflicting claims regarding the effects of veiling on women's equality. Finally, the Article analyzes each of these conflicts along the three stages of immigration and offers an assessment of the validity of the conflicting claims surrounding the veil in Europe on the basis of this analysis, claiming that the restrictions on wearing the veil in the public sphere are not justified, but that a much narrower restriction pertaining to some instances of the wearing of the full face burqa can be justified.
Occupied Zone—“a Zone of Reasonableness”?
Authors: Koskenniemi Martti
Published: March 2012

The vocabulary of “reasonableness” invokes a wide margin of discretion that is often needed to temper the excessive rigour of legal rules and to deal with the inevitable problems of over- and under-inclusion associated with application of formal law to individual cases. The acceptability of the use of discretion by a law-applying institution such as the Israeli High Court of Justice is based on the assumption that its preferences and moral sensibilities are broadly reflective of the preferences and sensibilities of the community in which it exercises its jurisdiction. When jurisdiction is exercised in conditions of occupation, however, such consensus cannot be easily presumed. On the contrary, recourse to moral pathos by an institution of the occupying power will appear to normalize its jurisdiction and add an element of hypocrisy to the felt illegitimacy of its possessing jurisdiction in the first place. Moreover, it will undermine the moral and political significance of the fact of the occupation, even diminishing the urgency of bringing it to an end.
Maintaining Law and Order during Occupation: Breaking the Normative Chains
Authors: Watkin Kenneth
Published: March 2012

Notwithstanding of the considerable body international law dealing with occupation, identification of the normative standards against which law and order is maintained continues to challenge the international community. That challenge is centered on the existence of an unclear and often awkward interface between international humanitarian law and international human rights law.

Policing represents the normal means by which order is maintained in society. In occupied territory the preference should be for maintaining order by means of properly trained police forces seeking to apply international human rights law standards. However, the security threat is often not limited to criminal activity with there being striking similarities between attempting to maintain order in occupied territoty and battling insurgencies in internal armed confits. This then points to the application of international humanitarian law to govern the use of force.

Despite ongoing disagreement about which paradigm should be applied the question remains whether the proponents of the two frameworks can break free of their normative chains to craft a realistic approach to maintaining law and order. Suggested approaches include the situation based approach of applying the appropriate body of law to specific fact situations and the blended approach of borrowing from each normative regime to address the unique situations confronting security forces. Which ever approach is adopted the emphasis must remain on the right to life to ensure true respect for the rule of law is maintained.
Illegal Occupation and Its Consequences
Authors: Ronen Yaël
Published: March 2012

This Article explores the grounds and consequences of illegal occupation. It proposes that an occupation may be considered illegal if it is involves the violation of a peremptory norm of international law that operates erga omnes, and is related to territorial status. Accordingly, illegal occupations are primarily those achieved through violation of the prohibition on the use of force and of the right to self-determination, or maintained in violation of the right to self-determination. This examination forms the basis for a systematic analysis of specific occupations that have been declared illegal by U.N. organs. The second part of the Article addresses the consequences of an occupation's illegality, in view of the political and legal objectives of determining such illegality. It considers the international responsibility for an illegal occupation; the obligation of non-recognition and the law applicable to an illegal occupation; and the right to self-defense. The Article concludes by commenting on the role of “illegal occupation” as a category under international law.
TheJus Ad Bellum/Jus In BelloDistinction and the Law of Occupation
Authors: Giladi Rotem
Published: March 2012

This is a preliminary inquiry into the application to occupation law of the distinction betweenjus in bello(or IHL) andjus ad bellum.Under current doctrine, the two are mutually exclusive: the former applies irrespective of the “nature or origin of the armed conflict or the causes espoused by the Parties.” I argue that occupation law, although generally considered part of IHL, is intrinsically less susceptible to a strict application of the distinction.

Exploring its pedigree, meaning, and rationale, the paper notes the distinction's scant, soft Conventional expression and brief history, but also its fundamental character and the broad scope attributed to it under contemporary IHL. Although the distinction sometimes fulfill important humanitarian functions in occupied territories, occupation law—in regulating governance of territory—differs from ordinary IHL norms; this and other differences render the strict application of the distinction to occupation law, whose key norms often depend on jus ad bellum references to the “nature, origin and causes” of armed conflict, impossible.

The last part of the Paper calls for a more nuanced approach to the application of the distinction to occupation law and identifies some of its contours. Such an approach can enhance the efficacy of occupation law and facilitate fulfillment of the two different functions of occupation law: protection of individuals and the maintenance of international peace and security. The Paper concludes with preliminary observations on the roles and powers, under bothjus ad bellumandjus in bello,of the Security Council with regard to occupied territories.
Suspending Sovereignty: Reassessing the Interlocking of Occupation, Failed and Fragile State, Responsibility to Protect, and International Trusteeship (Lessons from Lebanon)
Authors: Gal-Or Noemi
Published: March 2012

This Paper argues that the traditional international legal discourse on occupation fails to reflect the condition of international relations, and their governability by international law, at the turn of the 21st century. This Paper suggests re-conceptualizing the concept of occupation by linking it to the discourse of failed and fragile states and the responsibility to protect.

A contemporaneous understanding of occupation needs to reflect its transforming relationship to sovereignty. Occupation represents a state of interference with the external aspect of sovereignty, which ultimately infringes also on the state of internal sovereignty. In contemporary world politics, occupation arises also from a chain of successive situations interfering with sovereignty wherein internal sovereignty becomes “vitiated” (“failed and fragile state”), and creates a condition conducive to interference with external sovereignty. The outcome of this order of impingements on sovereignty represents a state wherein sovereignty was suspended.

The condition of suspended sovereignty triggers the new norm of the responsibility to protect. This Paper submits that re-vitalization of the concepts of leasehold and trusteeship offers an elegant, perhaps face-saving outlet, hence potentially constructive approach to empower the failed and fragile state in re-establishing its sovereign plenary control over its territory and ending an occupation-like situation.

The analysis of the Lebanese situation is an example of the arguments raised in this Paper and does not fit the traditional post World War II (WWII) occupation legal mould for neither belligerent nor non-belligerent occupation. The complex inter-state relationship linking Lebanon-Syria-Iran-Israel, and which is intricately interlaced in a state-to-non-state actor (NSA) web as played out in the relationship between Israel-South Lebanon Army on the one hand, and between Iran, Syria and Lebanon-Hezbollah on the other hand, serve to illustrate the new 21st century conditions. These conditions press for an updating of the traditional understanding of occupation.
Enforcement of Occupation Law in Domestic Courts: Issues and Opportunities
Authors: Ferraro Tristan
Published: March 2012

A review of the different occupation situations evidences that these situations are characterized by a poor record of compliance with the law of occupation. The international humanitarian law (IHL) conventional enforcement mechanisms have not been activated and compliance with the law has almost exclusively relied upon judicial processes. However, since enforcement of IHL through adjudication operates mainly under the principles of criminal individual responsibility, this course of action has been of little relevance for occupation law insofar as the latter contains only few provisions the violations of which amount to graves breaches of IHL or other serious violations thereof. Disrespect for occupation law barely gives rise to criminal proceedings and therefore excessive focus on the latter procedures constitutes an impediment to the effective enforcement of this corpus juris. In addition, actual IHL mechanisms designed to induce compliance with occupation law do not allow for the appropriate control of the administrative and legislative acts of the occupant. In light of the contemporay forms of occupation and the tendency to broadly interpret the powers conferred on the occupant by IHL, administrative and legislative acts of the occupant should not be left without legal review. The present Article investigates the role and legal entitlement of different domestic courts in this respect after having previously examined the obstacles to exercise of jurisdiction by domestic courts with regard to the measures undertaken by the occupant within the framework of Article 43 of The Hague Regulations of 1907. The author argues that, despite their usefulness, domestic courts do not actually provide an appropriate course of action for legal review of the administrative and legislative measures promulgated by the occupying power.
Reflections on Holocaust Claims in International Law
Authors: Collins Lawrence
Published: March 2012

It does not need to be said that to be asked to give the Lionel Cohen lecture is a great honor. One of the first books on private international law which I acquired when I became interested in the subject was a volume of the Lionel Cohen lectures delivered by Sir Otto Kahn-Freund. I have chosen a topic which involves the subjects in which I have my primary academic interests, public and private international law, but also a subject in which I had some professional involvement before I became a judge.

My immediate family was safely in England at the time of the Holocaust, but I am particularly glad that some of my cousins are here at this lecture. Their families in Poland were tragically involved in the Holocaust and my cousin Rony Lerner made a film in 2006, which was shown on Israeli TV, about the murder in Poland of his grandmother and his search for her murderers. His grandmother was my grandmother's sister.
Establishing a Hierarchy of Human Rights: Ideal Solution or Fallacy?
Authors: Klein Eckart
Published: March 2012

The Article discusses the difficulties of establishing a hierarchy of norms in international law, particularly with regard to human rights norms. A number of arguments have been put forward but none of them has proven to be conclusive: be it the distinction between treaty-based norms and norms of customary law, be it the non-restrictability or non-derogability of some treaty rights, be it their erga omnes character or the inadmissibility to make reservations. The best way to address the issue of hierarchy seems to be the concept of jus cogens. However, the consequences of some rights being “superior” to others are by no means clear. The fact that certain rights are addressed in court decisions as being “most fundamental” or representing a “supreme value” does not necessarily mean that these rights prevail over other, seemingly “inferior” rights in a given case. This is so because it is difficult to decide in abstracto and in advance possible conflicts of human rights positions of different human beings. The Article therefore recommends a very reluctant use of a terminology pointing at a hierarchy between human rights.
Traditionalist Religious and Cultural Challengers—International and Constitutional Human Rights Responses
Authors: Raday Frances
Published: March 2012

The legal regime of human rights entitles individuals and groups to legal protection against the hegemony of the political majority, of the religious establishment and of other powerful social actors. This Article examines the way in which this protection is implemented at the constitutional and international levels. Within states, it is at the constitutional level that the supremacy of human rights is translated into a normative paradigm. However, within states there may be opposition to the human rights regime—pragmatic or ideological—from powerful lobbies: majoritarian or sectoral. This opposition may result in lack of political will to apply or enforce human rights through constitutional mechanisms. The author shows that, in contrast, the formulation of the human rights vision at the international level consistently underwrites the human rights of individuals and groups as against the power of traditionalist religious or cultural norms. She suggests that the future of human rights as a universal paradigm depends on the effectiveness with which international norms can be translated to the constitutional level thus suggesting a reversal of the previously observed process of translating from the constitutional to the regional.
Economic Sanctions in IHL: Suggested Principles
Authors: Cohen Amichai
Published: March 2012

Armed conflicts are always harmful for civilians and hence all attempts should be made to avoid them. However, considering that armed conflicts do occur; economic sanctions provide States with a viable alternative. This Article illustrates the need for limitations on the use of economic sanctions. It describes the characteristics of economic sanctions and the existing International Humanitarian Law (IHL) limitations and also suggests that economic sanctions should be further regulated offering three main principles to guide these limitations: the principle of severity, according to which the most severe economic sanctions should be prohibited; the principle of effectiveness, according to which economic sanctions should be allowed only if the State imposing the sanctions can plausibly demonstrate that the sanctions are effective; and the principle of conditionality, according to which the imposing State should declare specific achievable goals for the sanctions, and lift the sanctions immediately when these goals are achieved.
The Internal Legal Order of the European Union as a Complementary Framework for its Obligations under IHL
Authors: Falco Valentina
Published: March 2012

When exploring the sources of International Humanitarian Law (IHL) obligations of multinational peacekeeping forces, legal scholars have thus far focused mainly on the UN (and, to a lesser extent, NATO), whilst other organizations have remained largely in the shadows. Whereas the UN Secretary-General's Bulletin on the Observance by UN Forces of International Humanitarian Law has been widely debated and extensively investigated, little or no attention has been paid to self-regulatory solutions adopted by other international and regional organizations.

This Article focuses on the European Union (EU), holding that this regional organization—by virtue of its sui generis nature and of its increasing engagement in the field of crisis management—can be regarded as one of the most interesting newcomers to the realm of jus in bello. More specifically, it looks at the EU's internal legal order with a view to verifying whether and to what extent it may complement customary IHL in regulating the conduct of the EU as a military actor. The Article surveys the primary and secondary sources of EU legislation which may prima facie spell out obligations for the EU-led troops engaged in European Security and Defence Policy military operations. Finally, the Article seeks to draw some broader conclusions on the nature of the relationship between EU law and IHL, as well as on the complementarity and inherent normative value of their sources.
Not a Suicide Pact: A Comment on Preventative Means in General and on Torture in Particular
Authors: Kremnitzer Mordechai , Levanon Liat
Published: March 2012

In his recent book,Not a Suicide Pact: The Constitution in a Time of National Emergency, Richard Posner discusses one of the most urgent and difficult questions of current public law: How should the acute threats posed by terrorism be dealt with? This question touches various issues in constitutional law, administrative law as well as criminal law, and Posner impressively addresses many of them. Most of his account is well-balanced and highly convincing. Guided by liberal ideas and a commitment to human rights, Posner urges necessary and unexaggerated flexibility in light of a major threat. Yet regarding some issues, most notably the issue of torture in interrogation, we find it hard to agree with his analysis and conclusions. This Article focuses on those issues.
Rejoinder
Authors: Posner Richard A.
Published: March 2012

My reply is brief; I do not try to recapitulate the arguments in my book, and theprécisthat accompanies the comments. There are many good points made in the comments, which I do not repeat either; my focus is on the areas of disagreement emphasized in the comments.

Segev. I am puzzled by the reference on the first page of his comment to distributive justice. I understand the term to refer to the principles for allocating wealth or other goods across persons, and I do not think those principles are engaged by efforts to balance concerns of security against concerns of civil liberties.

When I said that “what counts as justification is no part of habeas corpus,” I did not mean that the detention of a person cannot be challenged by asking for habeas corpus, or that the detention need not be justified. I meant merely that the creation of a right of habeas corpus does not indicate how great a showing of necessity to detain a person the government must demonstrate. Justification is a separate issue from the existence of a right of habeas corpus. Obviously if little or no justification is required, the right becomes nugatory.
Research on Embryos and Human Dignity
Authors: Duttge Gunnar
Published: March 2012

The legal framework in effect in Germany since 1991, bars all research on human embryos and permits, since 2002, the import of embryonic stem cells only under the fulfillment of relatively demanding conditions. Legislation linked this position to the goal of ensuring freedom of biomedical research (only) to the extent that it could be justified in view of the state's obligation to protect human dignity and the right to life. Underlying this was the assumption, understood by the draft of the law that embryonic stem cells, given the destruction of embryos, which necessarily precedes their utilization, “cannot be viewed just like any other biological material from an ethical perspective.” In the meantime, however, the legal-political, would-be “enlightened”; Zeitgeist has become oriented toward a hidden or openly displayed “liberalization” of human embryonic stem cell research, which raises the question of what could have fundamentally changed about the previously named “ethical problem.” Great uncertainties obviously exist regarding the central significance of the “human dignity” guaranteed to be “inviolable” as well as about the relevance of this “iron ration” of libertarian-humanist legal thought in the context of destructive embryo research. The present essay gives an overview of the potential interpretive possibilities and subjects them to critical examination against the background of current legal-political developments, which are perceived in Germany not only as a “revolution” not only in the sphere of biological policy, but also ultimately in that of the central determining factors in general in the relationship between state and individual. In this light, how can the kernel of the ideal of human dignity be preserved even against the demands of the (post-) modern (age)?
Democracy and Human Dignity: Limits of a Moralized Conception of Rights in German Constitutional Law
Authors: Möllers Christoph
Published: March 2012

The Parliamentary Council, the constitutional assembly for the German Basic Law, split over the question whether the guarantee of human dignity should be understood as the result of a democratic decision or as the incorporation of a pre-existing universal principle of Christian origin. The subsequent constitutional practice was dominated by a moral understanding of the norm that stressed the contradiction between democracy and human dignity. This Article rejects this interpretation and attempts to show, using the exemplary German case, that a democracy-oriented interpretation of human dignity is not necessarily less effective than a moralized understanding.
Précis: The Rights Revolution in the Twentieth Century
Authors: Tushnet Mark
Published: March 2012

The idea of rights has been central to U.S. political and constitutional discourse from the beginning. The Declaration of Independence appealed to “inalienable rights,” and the first amendments to the Constitution were universally described as a bill of rights. Yet, something distinctive appears to have happened to the idea of rights over the course of the twentieth century. By the end of the century, rights-claims were being asserted in locations, such as schools and prisons, where they had not been found at the century's beginning, and they were being asserted on behalf of claimants, such as fetuses and new arrivals to the United States, who were outside the domain of rights earlier. Even the content of rights-claims changed. Much of the Warren Court's work completed a constitutional agenda outlined, albeit unclearly, in the 1940s and early 1950s as part of the New Deal's constitutional vindication. The Warren Court added something new—an emphasis on personal autonomy—to the New Deal's concerns for fairness in the political process.
The Vices of Institutional Instrumentalism A Comment on Tushnet, The Rights Revolution in the Twentieth Century
Authors: Harel Alon
Published: March 2012

Reading Tushnet's careful analysis of the history of the American rights revolution filled me with envy. One of the great advantages of writing about law in the U.S. is the ability to experience and benefit from centuries of sustained legal evolution. The world of an Israeli law professor whose horizons barely reach the middle of the twentieth century is impoverished in comparison to the enriching experience of living in a mature and rich legal tradition such as that of the U.S.

Living in a different legal tradition and being ignorant of legal history—a field which only began to develop in Israel in the late 1990s—it will be pretentious on my part to try and challenge Tushnet's findings or even to try and explore the similarities and differences with the rights revolution in the Israeli legal system. Instead, I wish to explore the relevance of Tushnet's findings to constitutional theory and argue that constitutional theorists have some important lessons to learn from Tushnet's careful historical observations.