bluuebunny/crossref_metadata_2025 huggingface dataset:
Defining Core Concepts
Authors: Rudd Kevin
Published: September 2024

This chapter tackles the core concepts surrounding Xi Jinping’s ideological worldview. It argues that definitions are important to be as clear as possible as to the actual content, direction, and significance of ideological change. Historically, the CCP has taken ideology seriously as it shapes and reflects the party’s overall political and policy ecosystem. The sheer volume of time, energy, and effort expended by Xi and those around him on his monumental ideological project on Marxist-Leninist Nationalism suggests that ideology under Xi means considerably more than a simple exercise in theoretical formalism. The chapter provides core definitions of critical concepts including ideology, worldview, Leninism, Marxism, nationalism, left, and right.
Ideological Change under Xi and the Transformation of Chinese Domestic Politics
Authors: Rudd Kevin
Published: September 2024

This chapter discusses the transformation of Chinese domestic politics as a reflection of ideological change under Xi Jinping’s regime. It argues that the concept of ideology continues to provide meaning within the established patterns of the CCP’s political discourse. It also offers the most useful framework for analysing the shift in Chinese politics to the Leninist left. This shift has been demonstrated in Xi’s centralization of political power within the party at the expense of the technocratic institutions of the Chinese state. It is also evident in the concentration of political power in the person of Xi himself at the expense of the traditions of collective leadership. More broadly, this shift to the left can be seen in the reassertion of party control over the media, arts and culture, education, religious and ethic minorities, the legal system, and in a wider call to reconstitute a fundamental and abiding faith in Marxism-Leninism itself.
Archaeological correlations for the dispersal of the Malayo-Polynesian languages of Southeast Asia, western Micronesia, and Madagascar
Authors: Hung Hsiao-chun , Bellwood Peter
Published: September 2024

This chapter discusses the archaeological contexts for the Malayo-Polynesian (MP) languages of Southeast Asia, Western Micronesia, and Madagascar. It compares those archaeological contexts with observations from comparative linguistics, genetics, and human skeletal anthropology, and emphasises the role of human migration in establishing the Austronesian linguistic distribution that exists today. The migrations of ancestral Austronesian-speaking populations commenced with a Neolithic movement around 5000 years ago from southern China into Taiwan, then around 4000 years ago from Taiwan into the Philippines, and they continued into more recent millennia with the settlements of further regions such as Mainland Southeast Asia, Madagascar, and Remote Oceania.
Historical linguistics of the South Halmahera–West New Guinea subgroup
Authors: Kamholz David
Published: September 2024

South Halmahera-West New Guinea (SHWNG) is a subgroup of Malayo-Polynesian containing 38 languages spoken on the southern portion of the island of Halmahera, in the Raja Ampat islands, in Cenderawasih Bay, and near the mouth of the Mamberamo River. It is a sister to the much larger and more well-studied Oceanic subgroup, together with which it forms the Eastern Malayo-Polynesian subgroup. This chapter evaluates the main innovations that define the SHWNG subgroup, which consists of eleven regular sound changes and two irregular or sporadic ones. It covers the boundaries and internal classification of the subgroup and discusses some noteworthy sound changes across the SHWNG region that do not line up with subgroups. The chapter also deals with the reconstruction of Proto-South Halmahera-West New Guinea (PSHWNG). It reviews how SHWNG languages preserve a small core of inherited Austronesian vocabulary and morphology. The principal inherited morphology potentially available for a PSHWNG reconstruction consists of subject marking and inalienable possessive paradigms. Attempts have been made to reconstruct aspects of these paradigms but the evidence is too ambiguous at present to do so convincingly.
Malayo-Polynesian contact languages in Southeast Asia and the creole controversy
Authors: Slomanson Peter
Published: September 2024

This chapter details selected salient features of contact languages from different parts of Southeast Asia and Sri Lanka. It clarifies various terminological definitions and reports on current debates in this area, such as the issue of whether there is a causal association between collective adult second language acquisition and morphosyntactic simplification. It also provides a concise summary of the controversy surrounding how and when to categorise a number of Malayo-Polynesian languages as contact varieties, as well as brief descriptions of selected varieties. The chapter explains that the term 'creole' will refer to language varieties with a pidgin predecessor, although this definition is not uncontroversial in the language contact literature. The creole versus non-creole status of the most divergent Malayo-Polynesian contact languages is difficult to determine, due to conflicting interpretations of the respective histories of the language varieties described.
Languages of the northern Philippines
Authors: Liao Hsiu-chuan , Reid Lawrence A.
Published: September 2024

This chapter provides a linguistic typology of about 70 Austronesian languages spoken in northern Philippines; these languages have been subgrouped into Bashiic, Northern Luzon, and Central Luzon. The chapter is organized into six sections: (i) the language scene; (2) phonology; (3) morphological profile; (4) reduplication; (5) syntax; (6) conclusion. The discussion of phonology covers vowel and consonant inventories, suprasegmental, syllable structure, phonotactics, and widespread phonological processes. These processes include vowel syncope, vowel raising, voiced stop allophony, palatalization, homorganic stopping and assibilation, gemination and degemination, lateral allophony, and lenition. In terms of morphological profile, northern Philippine languages can be characterized as synthetic-agglutinative in that they make a robust use of affixation in word building and morpheme boundaries are usually clear. However, morphemes do not always exhibit ‘one form-one meaning/function’. Moreover, reduplication is very pervasive in northern Philippine languages. Nine patterns of reduplication are observed in these languages, including Ca- reduplication, CV- reduplication, C 1 V 1 C 1 - reduplication, Caw- reduplication, C 1 V 1 C 2 -reduplication, CVː- reduplication, C 1 V 1 C 2 V 2 – reduplication, full reduplication, and lexicalized reduplication. The discussion of syntax covers word order, noun phrases and noun phrase marking systems, verbal clause structure, multipredicate constructions, compound sentences, and complex sentences. The conclusion section summaries unique typological features that distinguish northern Philippine languages from other Philippine languages and other Malayo-Polynesian languages.
Non-Malayic languages of Sumatra and the Barrier Islands
Authors: McDonnell Bradley , Truong Christina L.
Published: September 2024

This chapter provides a typological overview of the Non-Malayic languages of Sumatra and the Barrier islands off of the west coast of Sumatra. This group of languages is diverse, sharing few typological features that are not a result of their shared Austronesian inheritance. The chapter includes discussions of typological phenomena of broad relevance in the domains of phonology (segmental inventories, stress, reduplication, phonological processes) and morphosyntax (case, agreement, grammatical relations, word order, tense, aspect, mood, and noun phrase structure). It also critically discusses less common typological features, such as the presence of post-ploded nasals in several languages, consonant mutation of nominals in Nias, and symmetrical voice as an important typological parameter for these languages. Finally, the chapter suggests priorities and future direction for the Non-Malayic languages of Sumatra and the Barrier Islands.
Chamic languages
Authors: Brunelle Marc , Jensen Joshua
Published: September 2024

This chapter provides an outline of the phonological and morphosyntactic structures of Chamic languages. After introducing the canonical Chamic word shape, the sesquisyllable, we show how it constrains segmental inventories and basic phonotactics, and address the question of tonal and registral developments. We then discuss a few representative phonological processes and provide a brief description of derivational morphology and compounding. We finally sketch an outline of Chamic syntax, showing that Chamic languages have SVO word order with canonical subjects, and covering basic parts of speech, the structure of noun phrases, and the bipartite negation present in most Chamic languages. Major clause types are exemplified, including existential, possessive, nominal, and subordinate clauses, and both polar and content questions are discussed. Particular attention is given to serial verb constructions, and we end with a short discussion of information structure.
Chamorro
Authors: Zobel Erik
Published: September 2024

This chapter is about Chamorro, a non-Oceanic Malayo-Polynesian outlier language spoken on the Mariana Islands in the western Pacific. Unlike the languages of the Oceanic subgroup to which all but two languages in the Pacific belong, Chamorro is lexically, phonologically and morphologically quite conservative. Unusual features include possessive classifiers and grammatical voice selection based on a person-animacy hierarchy. Its subgrouping among the Malayo-Polynesian languages is still debated. It is generally agreed that it is not closely related to the languages of the Philippines, and many propose that it is a first-order branch of Malayo-Polynesian. Chamorro shares some structural innovations with many languages of western Indonesia, but whether this can be used as evidence for placing Chamorro in a subgroup of Malayo-Polynesian together with these languages in western Indonesia is still a matter of ongoing research.
Suprasegmental phonology
Authors: Kaufman Daniel , Himmelmann Nikolaus P.
Published: September 2024

This chapter examines stress, tone, and intonation in western Austronesian languages. Apart from summarizing what is known about intonation in the area under scrutiny, the chapter is primarily concerned with stress systems. A four-way areal typology is proposed to account for the variation across the area. One major parameter of variation appears to be the regularities of the association between phrase-marking edge tone combinations – so far found in all languages investigated – and the segmental string. This association may be highly variable (as in the Java prototype), target the penultimate syllable (as in the Eastern prototype), or the final syllable (as in the Philippine and Western Rim prototypes). A second parameter in this regard appears to be the role played by syllable weight, with movable vowel length distinctions being an important aspect in Philippine prosodic systems and open syllables with schwa being weightless. A third parameter that comes into play in various systems is the distinction between lexical and functional items, the latter often showing slightly different regularities for association rules. The sporadic appearance of tone in some languages (including Chamic, Malagasy and West New Guinea) is notable for the variety of tonal systems found and the role of contact with non-Austronesian tonal languages.
Morphology
Authors: Donohue Mark , Gil David
Published: September 2024

This chapter presents a quantitative overview of the major morphological characteristics of the Malayo-Polynesian languages of Southeast Asia. Its main goal is to compare the Malayo-Polynesian languages of Southeast Asia to Austronesian languages in Taiwan and the Pacific, non-Austronesian languages in the same regions as the Malayo-Polynesian languages of Southeast Asia, and non-Austronesian languages throughout the world. In addition, it highlights patterns of variation across Malayo-Polynesian languages in different broad regions, from the Philippines through Madagascar and the Malay/Indonesian archipelago and into western New Guinea. The data are presented in 24 tables, each representing a single morphological feature. Section 2 provides a general overview of the degree of morphological elaboration of Malayo-Polynesian languages of Southeast Asia, Sections 3 and 4 focus on formal types, including affixation and other processes, while Sections 5 to 8 are concerned with functional types, grouped in accordance with nominal, tense-aspect-mood, causative- applicative, and other grammatical domains.
Word order
Authors: Donohue Mark
Published: September 2024

Clausal and Noun Phrase word order is examined through a representative selection of data from a range of Malayo-Polynesian languages of Southeast Asia and through series of maps. It becomes clear that most patterns of distribution involve areal distributions, with languages from the western part of the range showing the same word orders as the non-Austronesian languages of mainland Southeast Asia, and languages from the eastern part of the range showing the same word orders as the non-Austronesian languages of mainland New Guinea. Apart from these edges we also find distributions that contrast the northern languages with the southern ones, such as the position of demonstratives, or the central languages (Philippines + Sulawesi) with the western and eastern ones, such as the appearance of verb- initial clausal order. While SOV orders, typical of the non-Austronesian languages of most of New Guinea, are not found amongst the Malayo-Polynesian languages of Southeast Asia, we do find the order of elements in the NP, and the position of final particles indicating negation or questions, conforming to New Guinea norms.
Voice and transitivity
Authors: Kroeger Paul , Riesberg Sonja
Published: September 2024

Voice has been an almost obsessive topic of discussion in Austronesian linguistics. Voice alternations change the identity of the grammatical subject, without changing the argument structure (semantic roles) of the clause. This is typically accomplished by demoting the subject of a basic transitive clause to non-core argument status. However, a substantial number of Western Austronesian languages have been argued to exhibit SYMMETRICAL (i.e., non- demoting) voice alternations, and the correct analysis of these systems has been a topic of long- standing controversy. This chapter describes a representative sample of Western and Central Malayo-Polynesian voice systems, and summarizes some of the analyses that have been proposed. Two empirical questions are of central importance for this study: (i) What is the grammatical subject for a particular clause type? and (ii) How do we distinguish core arguments from obliques? In addition to the typologically unusual nature of some of these systems, Austronesian is remarkable for the broad range of variation attested in its voice systems. Within the Western Malayo-Polynesian area it is common to distinguish voice systems of the Philippine-type (in the north) vs. those of the Indonesian-type (in the south and west). But even within the so-called Indonesian-type a considerable degree of variation is found. Our survey also documents the general trend of simplification, with voice morphology and voice distinctions becoming more sparse, as one moves across Indonesia from west to east.
AAPL v Sri Lanka Case
Authors: Marboe Irmgard
Published: September 2024

This → arbitration is the first in which the jurisdiction of the → International Centre for Settlement of Investment Disputes (ICSID) was based directly upon a bilateral investment treaty (‘BIT’) and not on a negotiated arbitration agreement between the parties to the dispute (→ Investment Disputes; → Investments, Bilateral Treaties). Due to the lack of an express agree ment on the choice of law, the first interesting question concerned the law applicable to the dispute. Furthermore, the meaning of the obligation to provide full protection and security contained in a BIT needed to be interpreted by the tribunal. It had to be applied in the context of a situation of severe internal unrest. The tribunal weighed it against the → customary international law obligation of → due diligence, and against the obligation of compensation for losses owing to war, revolt, insurrection or riot, the latter being a provision contained in a large number of BITs (→ Compensation; → Reparations).
Aboriginal Title
Authors: Mostert Hanri
Published: September 2024

Aboriginal title/native title is a term referring to the proprietary, customary law interests in land of indigenous communities or ‘first nations’, employed mainly in common law jurisdictions such as Canada, the US, Australia, and New Zealand (→ Minorities, International Protection). In some contexts-eg Canada-a distinction is made between aboriginal rights and aboriginal title. Aboriginal rights are defined in terms of certain activities which flow from the practices, customs, or traditions integral to the distinctive culture of the indigenous group claiming such rights, whereas aboriginal title refers more generally to the right to land itself. In other contexts-eg Australia-native title is regarded as a collective term for particular species of legal rights. Accordingly, the use of these terms differs slightly depending on how the conceptual basis of aboriginal title/native title is viewed (see paras 4-14 below). The doctrine of aboriginal title is applied in jurisdictions which formerly were colonies of the British Empire, or which were under its influence, especially where colonial settlement was prominent and permanent, and indigenous identities have not been obscured (→ Colonialism). The doctrine of aboriginal title recognizes that land was used and occupied by aboriginal or indigenous peoples-the original inhabitants of colonized lands-before the advent of colonization and the arrival of settlers.
Amco v Indonesia Case
Authors: Marboe Irmgard
Published: September 2024

This arbitral award under the auspices of the → International Centre for Settlement of Investment Disputes (ICSID) deals with a number of important issues of international investment law (→ Investment Disputes; → Investments, Bilateral Treaties; → Investments, International Protection). The Amco Asia Corporation and others v Republic of Indonesia Case (‘Amco v Indonesia Case’) concerned the taking over of a hotel and a shop and office complex by the foreign investor’s business partner in Indonesia, assisted by military and police armed forces. Subsequently, Indonesian administrative organs revoked the foreign investor’s investment licence because of alleged breaches of its obligations. Legal proceedings before municipal courts confirmed the legality of the acts of the Indonesian authorities on the whole.
American-Mexican Boundary Disputes and Co-operation
Authors: Handl Günther
Published: September 2024

The first Mexican–United States boundary had its origin in the 1819 Treaty of Amity, Settlement, and Limits Between the United States of America and His Catholic Majesty (‘Adams-Onís Treaty’ ‘Florida Purchase Treaty’) by which Spain ceded Florida and confirmed Louisiana as a US territory in exchange for which the US recognized all lands west of Louisiana as Spanish possessions (→ Boundaries; → Land Boundaries). This line of demarcation became the new Mexico–US boundary upon Mexican independence in 1821, and was reconfirmed in the Treaty of Limits between the United States of America and the United Mexican States as running from the Gulf of Mexico along the Sabine, Red, and Arkansas Rivers to the 42nd parallel, and along that line to the Pacific Ocean. The boundary underwent a first major adjustment in the wake of civil unrest in the Mexican state of Coahuila y Tejas. A combination of factors including abolition of the Mexican federalist constitution and Mexican authorities’ clamp-down on American immigration into the Texas portion of the state, which had been prompted by governmental concern over the creeping ‘Americanization’ of the territory, caused its inhabitants to take up arms in 1835 and declare the territory’s independence in May 1836.
Apartheid
Authors: Gebhard Julia
Published: September 2024

The term ‘apartheid’ derives from the Afrikaans word for ‘apartness’ or ‘separateness’. Originally, it was used only to describe the distinctive South African system of racial segregation and classification along racial lines accompanied by a denial of basic → human rights and political rights to the black and so-called ‘coloured’ (mixed race) population of South Africa between 1948 and 1994. Throughout the years, however, and particularly after apartheid rule had ended in South Africa in 1994, the meaning of the term has broadened. Today, it is used as a synonym for any ‘racial segregation and discrimination policies enacted by a government against a section of its own people’ (de Than and Shorts 110; see also → Equality of Individuals; → Racial and Religious Discrimination).
Asian Infrastructure Investment Bank (AIIB)
Authors: Gao Xuan , Quayle Peter
Published: September 2024

The idea to create a multilateral ‘Asian Investment Bank’ to help address the sizeable infrastructure development needs in the region dates to a 2005 study by the United Nations Economic and Social Commission for Asia and the Pacific. However, the proposal did not develop further until referenced by the president of → China, Xi Jinping, during a meeting in Jakarta with the president of Indonesia, Susilo Bambang Yudhoyono, in October 2013.
Bandung Conference (1955)
Authors: Bennouna Mohamed
Published: September 2024

As early as 1953, Indonesia, the most populous of the Muslim countries, took the initiative of bringing the → peoples of Asia and Africa closer together. The idea was formulated for the first time in the → United Nations (UN) in New York by the Indonesian Prime Minister Ali Sastroamidjojo following the signing of the Military Armistice in Korea and Temporary Supplemental Agreement of 27 July 1953, which brought to an end the → Korean War (1950–53) where Thai, Filipino and Ethiopian troops were fighting alongside the Americans against the Chinese (Queille 272). After introducing the idea in the UN, Prime Minister Sastroamidjojo took the opportunity of the Colombo Conference, a meeting of Asian countries held in April 1954, to obtain agreement amongst the five participants—Burma, Ceylon, India, Indonesia, and Pakistan—for his idea of convoking a conference of African and Asian nations that came to be known as the Afro-Asian Conference or simply the Bandung Conference.
Buraimi Oasis Dispute
Authors: Fox Hazel
Published: September 2024

In the rolling sand dunes that form much of Abu Dhabi are sited two important oases with adequate underground water for permanent settlements and cultivation, Buraimi oasis and, situated 100 km to the south east, Liwa, an extensive oasis bordering on the Rub’ al Khali (Empty Quarter) of Saudi Arabia. After being abandoned by the Wahabis (an extremist Saudi sect) in 1869, the territorial status of the Buraimi oasis was unclear. With the rush for oil concessions in the Gulf (→ Abu Dhabi Oil Arbitration; → Oil Concession Disputes, Arbitration on), Buraimi became actively disputed. In 1952 Saudi Arabia occupied Buraimi (→ Occupation, Belligerent).
Caribbean Community (CARICOM)
Authors: Byron Dennis , Malcolm Christopher
Published: September 2024

The Caribbean Community (‘CARICOM’) is a regional integration initiative which has full juridical personality (Art. 228 (1) Revised Treaty of Chaguaramas Establishing the Caribbean Community Including the Single Market and Economy; in the following, all article references are to this treaty). Each Member State is sovereign and shall, in its territory, accord to CARICOM the most extensive legal capacity accorded to legal persons under its laws. This includes the capacity to acquire property, and to sue and be sued in its own name (Art. 228 (2)).
Cavallo Case
Authors: Méndez Juan E , Bariffi Francisco J
Published: September 2024

On 24 August 2000, at Cancun International Airport, an Argentinean national named Ricardo Miguel Cavallo was arrested by Mexican police authorities. The detention was carried out without an arrest warrant at the request of the Mexican public prosecutor acting by virtue of Art. 16 Mexican Constitution, which allows the public prosecutor to detain a person for up to 48 hours without warrant when there is suspicion of the commission of a serious crime and well-founded expectation of a flight risk. Within the legal period of 48 hours the Mexican authorities received an arrest warrant issued by a Spanish judge (Baltazar Garzón, Juzgado de Instrucción No 5, Audiencia Nacional [‘AN’]; AN, Auto ordenando la prisión preventiva a los efectos extradicionales de 25 de Agosto de 2000) on the basis of the detainee’s alleged participation in the crime of → genocide, → terrorism, and torture committed in Argentina during the 1976–83 dictatorship (→ Torture, Prohibition of ).
Commission on Sustainable Development (CSD)
Authors: Subedi Surya P
Published: September 2024

The United Nations Commission on Sustainable Development (‘CSD’ ‘Commission’) is an intergovernmental body. It is the high-level forum for → sustainable development within the United Nations system. It was established in 1993 as a functional commission of the UN Economic and Social Council (‘ECOSOC’ ‘Council’) by UN ECOSOC Decision 1993/207. The functions of the Commission are set out in UN General Assembly Resolution 47/191 of 22 December 1992. The Commission was established primarily to review progress at the international, regional, and national levels in the implementation of recommendations and commitments contained in the final documents of the United Nations Conference on Environment and Development (‘UNCED’), namely the → Agenda 21 and the Rio Declaration on Environment and Development (→ Stockholm Declaration [1972] and Rio Declaration [1992]).
Decolonization: French India
Authors: Trinidad Jamie
Published: September 2024

France’s territories in India consisted of five main settlements, sometimes referred to as ‘établissements’ or ‘comptoirs’ (Pondicherry, Karikal, Yanaon, Chandernagore and Mahé); a number of ‘loges’ (parcels of land that were the sites of French factories or trading posts); and the four small, uninhabited Iskitippah Islands, which had formed by → accretion in the 19th century in the boundary river between Yanaon and the Madras Presidency. The territories passed from French to Indian control in a series of events between 1947 and 1954. The events in question have received less attention than those leading to the decolonization of French territories in Indochina, Africa and the Middle East (see → Decolonization: French Territories).
Drago-Porter Convention (1907)
Authors: Benedek Wolfgang
Published: September 2024

The Drago-Porter Convention is a result of the Drago Doctrine, developed in the light of various instances of ‘gun-boat diplomacy’ carried out by European powers, in particular with regard to Latin American States unable or unwilling to honour their financial obligations (→ Debts). Thus, in reaction to the blockade and bombardment of Venezuelan ports by the → warships of Great Britain, Germany, and Italy in 1902–03, the Argentinian Minister of Foreign Affairs, Luís María Drago in 1902 instructed the Argentinian ambassador in Washington to seek United States (‘US’) support for a principle which later became known as the Drago Doctrine: ‘that the public debt can not occasion armed intervention nor even the actual occupation of the territory of American nations by a European power’ (Letter by Drago 4; → International Law, Regional Developments: Latin America; → Intervention, Prohibition of).
Equator Principles
Authors: González Napolitano Silvina S
Published: September 2024

The Equator Principles: A Financial Industry Benchmark for Determining, Assessing and Managing Environmental and Social Risk in Projects (‘The Equator Principles’) are a set of voluntary guidelines adopted in 2003 by a group of leading private banks and financial institutions (→ Corporations in International Law) in order to ensure that new significant projects financed or advised by them are developed in a socially and environmentally responsible manner. The principles respond to the need, claimed for years by non-governmental organizations (‘NGOs’ → Environment, Role of Non-Governmental Organizations), for more responsible financing behaviour from banks and financial institutions.
Group of 77 (G77)
Authors: Khan Rahmatullah
Published: September 2024

The Group of 77 (G77) came into being on 15 June 1964 when, at the end of the first session of the → United Nations Conference on Trade and Development (UNCTAD) in Geneva, 77 → developing countries issued a joint declaration (Joint Declaration of the Seventy-Seven Developing Countries Made at the Conclusion of the United Nations Conference on Trade and Development) which was spelt out three years later as the Charter of Algiers at the first ministerial meeting. A permanent institutional structure gradually emerged from the two constituent instruments and a network of Chapters of the Group of 77 with Liaison offices in Geneva (UNCTAD), Nairobi (→ United Nations Environment Programme [UNEP]), Paris (→ United Nations Educational, Scientific and Cultural Organization [UNESCO]), Rome (→ Food and Agriculture Organization of the United Nations [FAO] and → International Fund for Agricultural Development [IFAD]), Vienna (→ United Nations Industrial Development Organization [UNIDO]), and the → World Bank Group in Washington DC (→ International Monetary Fund [IMF] and World Bank).
International Law, Regional Developments: East Asia
Authors: Hamamoto Shotaro
Published: September 2024

There is apparently no single correct definition of ‘East Asia’. It is generally considered to be composed at least of today’s China, North and South Korea, and Japan and the present entry follows this general understanding. However, it refers, when necessary, also to Vietnam, which historians tend to include in East Asia for its tight relationship with successive Chinese dynasties, as well as to Mongolia, which played too important a role to be entirely ignored when one considers the history of the law applied in inter-State relations in the region surrounding China. Historians generally agree that the framework of ‘East Asia’ is broadly valid to understand the historical developments of Korea and Japan as well as the relationship between China, Korea, and Japan. They are, however, sceptical about its usefulness for the purpose of analysing the historical developments of China because China’s relationship with its northern and western neighbours cannot be explained by the logic that applied in ‘East Asia’.
Mayagna (Sumo) Awas Tingni Community v Nicaragua Case
Authors: Grossman Claudio M
Published: September 2024

The Case of the Mayagna (Sumo) Awas Tingni Community v Nicaragua was a landmark decision in the jurisprudence of the Inter-American system for the protection of → human rights. It was also the first time that an international tribunal recognized the existence of communal rights to land for indigenous populations within the human right to property, laid down in several international treaties and conventions (→ Group Rights; → Indigenous Peoples; → Property, Right to, International Protection). This section addresses the factual background of the case, an analysis of the Inter-American Court of Human Rights’ decision and an assessment of the impact of this case on human rights law worldwide (→ Inter-American Court of Human Rights [IACtHR]).
Overseas Territories, Australia, France, Netherlands, New Zealand, United Kingdom, United States of America
Authors: Novak Gregor
Published: September 2024

In the absence of a generally accepted definition of the term ‘overseas territories’ in international legal practice, it is useful to proceed from a broad construction of the term which includes all territories that in some way are politically dependent on a relatively distant metropolitan → State and were or are significant, as such, from the perspective of international law. The notion of a ‘metropolitan’ State and its politically dependent ‘polis’ is, at least etymologically, derived from the ancient Greek designation for a mother State or parent city of a Greek colony (see Bederman 35; see generally → History of International Law, Ancient Times to 1648).
Tinoco Concessions Arbitration
Authors: Hagedorn Cornelia
Published: September 2024

The arbitrational ruling of 18 October 1924 deals with the validity of contracts entered into by a → de facto regime of Costa Rica between 1917 and 1919 (→ Arbitration). In 1917 the Costa Rican government was overthrown by Frederico Tinoco, the Secretary of War in that government. Tinoco assumed undisputed power, called an election, and established a new constitution. His government fell in September 1919, without having been recognized by some nations, including Great Britain (‘GB’) (→ Governments; → Non-Recognition; → Recognition). When Tinoco retired and left the country, the old constitution was restored.
Trendtex Trading Corporation v Central Bank of Nigeria Case
Authors: Ziegler Katja S
Published: September 2024

Early in 1975, the Government of Nigeria concluded contracts to purchase extensive amounts of cement, to be delivered throughout the year, to satisfy the needs of a developing economy. Payment was done by letter of credit issued by the Central Bank of Nigeria, ie an undertaking to pay upon the receipt of title and transport of goods, independently of any circumstances in the sphere of the consignor. The volumes ordered were so large that the capacity of the port of Lagos was hopelessly exceeded. This led to a large backlog and long delays before ships could unload. In July 1975 a new military government took office. In order to reduce the quantities and spread delivery over time, it suspended the imports of cement and required special approval of delivery before the ships sailed, and additional confirmation of the letters of credit. Otherwise the Central Bank of Nigeria would not honour the letters of credit. The case arose out of two shipments consigned by Trendtex, a Swiss trading corporation, intended for the construction of military barracks, for which payment was refused.
United Nations Human Settlements Programme (UN-HABITAT)
Authors: Wortmann Martin
Published: September 2024

UN-HABITAT is the United Nations Human Settlements Programme. The term ‘Habitat’ in this case refers to human habitation and may hence be slightly misleading. Its evolution could be divided into three phases beginning in the second half of the last century. In the first phase the → United Nations, after World War II, created programmes to help relieve the problems of human settlements and established first organizational structures—eg, a Centre for Housing, Building and Planning—with rather poor success due to the lack of financing. The second phase commenced when the UN held its first special world conference in Vancouver, Canada, from 31 May to 11 June 1976 titled ‘Habitat: United Nations Conference on Human Settlements’ (→ Conferences and Congresses, International).
United Nations Industrial Development Organization (UNIDO)
Authors: Bredel Ralf
Published: September 2024

The origins of the United Nations Industrial Development Organization (‘UNIDO’) can be traced to a series of studies on a programme of rapid industrialization of developing countries that the → United Nations (UN) Secretariat carried out during the early 1950s at the request of the United Nations Economic and Social Council (→ United Nations, Economic and Social Council [ECOSOC]). The latter had been stimulated by a resolution adopted by the UN General Assembly in 1951, at its sixth session (→ United Nations, General Assembly). These studies culminated in a programme of work on industrialization and productivity prepared by the UN Secretary-General in 1956 and endorsed the next year by ECOSOC and the UN General Assembly (→ United Nations, Secretary-General).
World Food Programme (WFP)
Authors: Mechlem Kerstin
Published: September 2024

The World Food Programme (‘WFP’) is the food aid arm of the → United Nations (UN) system (see also → Food, Right to, International Protection). In 1960, at a time of large agricultural surpluses, the UN General Assembly invited the → Food and Agriculture Organization of the United Nations (FAO), in a resolution on the provision of food surpluses to food-deficient peoples through the UN system (UNGA Res 1496 [XV] [27 October 1960]), to study the feasibility and acceptability of additional arrangements, including multilateral arrangements, to mobilize available surplus foodstuffs and distribute them to the parts of the world with the greatest need.
What shall we eat
Authors: Kowol Kit
Published: September 2024

The chapter examines how Conservatives tackled the problem of the UK’s future food supply, arguing that this was the primary concern for Conservatives regarding post-war reconstruction. The chapter begins by detailing the depths of UK dependence on food imports. Arguing that the prospect of a hungry world offered Conservatives the chance to reimagine Britain’s political economy, it then explores the different visions for Britain’s economic and trading future put forward by Conservatives during the war. These were: a return to a perceived Victorian era of free trade and laissez-faire, an organic back-to-the-land vision of self-sufficiency and aristocratic revival, a corporatist economy centred around manufacturing, and imperial self-sufficiency. The chapter concludes by examining official Conservative and Labour food policy. It suggests that a ‘consensus of silence’ hung over both parties about the reality of the UK’s food position.
Tort and Insurance as Private Law
Authors: Steele Jenny , Arvind TT
Published: September 2024

This chapter explores the role of insurance concerns within tort reasoning. It argues for moving away from the view of insurance as loss-spreading, and suggests instead that insurance should be seen in the light of the role it plays in facilitating cooperative relationships. Insurance deals with risk by removing it from the transaction and transferring responsibility for it to a third party. Focusing on ideas of responsibility without considering the context of insurance therefore runs the risk of disrupting voluntary arrangements and unsettling the parties’ allocation of risks. Seen in this light, insurance is an essential market mechanism which is closely connected to tort law, and which ought to be part of the broader contextual picture brought to bear when analysing tort law.
The Real Gist of Negligence
Authors: McBride Nicholas J
Published: September 2024

This chapter explores the idea that damage is the ‘gist of negligence’, distinguishing between two different senses of that phrase: (1) a claimant has to show they have suffered damage in order to claim that they are the victim of the tort of negligence, and (2) a claimant has to show that they have suffered damage in order to bring an action in negligence against a defendant. It is argued in this chapter that (1) is untrue, and that while (2) is obviously true, there are occasions when the law would do better to dispense with this requirement as a precondition of allowing a claimant to sue in negligence.
What is ‘Reasonable Foreseeability’?
Authors: Bagshaw Roderick
Published: September 2024

In English tort law the concept of ‘reasonable foreseeability’ plays established roles in seeding duties, setting standards of care, and limiting liability for ‘remote’ types of damage. This chapter investigates some of the practical challenges raised by asking whether damage to a claimant—or a particular degree of damage—is ‘reasonably foreseeable’, with the ultimate goal of illuminating whether ‘reasonable foreseeability’ is a ‘question of fact’, or a designed concept, reflecting judicial choices about matters such as the appropriate allocation of accident costs associated with innovation, or a doctrine that, regrettably, incorporates under-analysed normative judgements. The investigation considers challenging cases, such as those where there has been scientific progress since an accident and those where knowledge of risks was not evenly distributed between potential defendants. The conclusion reached is that judicial decisions about ‘reasonable foreseeability’ frequently depend on non-transparent normative assessments. The chapter ends, however, with the tentative suggestion that it may be necessary for a practical legal system to tolerate such assessments.
Polarization and Contestation of the Liberal Script in US Politics
Authors: Garner Andrew
Published: September 2024

This chapter casts a wide gaze at the major factors driving the increased polarization in American politics and how that polarization has contributed to challenges of the liberal script. Polarization of the public is the result of a restructuring of American society combined with changes in the strength and nature of partisan loyalties, fueled by a changing media landscape. Polarization of elites is due to an interweaving of mass polarization with institutional factors such as primary elections and redistricting that create perverse incentives for politicians to take more extreme positions, engage in increasingly extreme rhetoric, and adopt uncompromising, combative tactics. These two processes—mass polarization and elite polarization—interact in a vicious cycle that feeds one another. This vicious cycle of mutually reinforcing polarization is driving many of the recent contestations of the liberal script where political elites are incentivized to erode democratic norms and other antidemocratic behaviors.
When Is White Evangelical Politics Illiberal?
Authors: Pally Marci
Published: September 2024

This chapter looks at white evangelical populism in the US and explores the conditions under which activism becomes a challenge to the liberal script. As those conditions are consistent with those prodding strong populism, the chapter proceeds as follows: (1) descriptions of cases in which white evangelical populism has posed an “external” challenge to liberal democracy; (2) a minimal definition of populism as a response to economic, way-of-life, and status-loss duresses that seeks solution in us–them binaries, where notions of “us” and “them” are drawn from historico-cultural notions of society (who’s in, who’s not) and government (its proper size and role). Tracing each step of our minimal definition, section 3 looks at the duresses confronting white evangelicals, section 4 explores the psychology of us–them shift, section 5 looks at white evangelical politics resulting from us–them shift, and section 6 looks at the religio-historical notions of society and government from which current populism draws.
Religious Perspectives on Population Justice
Authors: Maguire Daniel C.
Published: September 2024

Early on in the Holocene, our species discovered its capacity to over-reproduce, straining available resources, and raising issues of just distribution and fertility management. In non-systematic forms, all religions embody moral philosophies. Because of this, and because of their prodigious motivational power for both good and for ill, they must be considered in any sophisticated demographic or ecological ethic.
Protestant Perspectives on Procreation and Parenting
Authors: Shuman Joel James
Published: September 2024

Although Protestantism is inherently protean, the author describes in this chapter several of its fundamental moral and theological impulses concerning begetting and rearing children. By displacing the clerically based ecclesial authority of Catholicism from the center of Christian life, the Reformers created a space that was filled by the Christian family, which was understood as both building block and microcosm of Christian society. In granting this role to the family, the Reformers established the conditions for later debates among Protestants over what constituted the ideal Christian family and the appropriate role of so-called reproductive technologies in its establishment. In this chapter the author treats a debate from the late twentieth century between two Protestant thinkers, Joseph Fletcher and Paul Ramsey, as illustrative of both Protestantism’s diversity and moral uncertainty with regard to these matters.
Religious Perspectives on Gay Parenting
Authors: Krutzsch Brett
Published: September 2024

This chapter will explore religious perspectives on gay parenting from the late twentieth and early twenty-first centuries, including how diverse religious communities have influenced public debates about same-sex parenting in the United States. Specifically, the chapter will examine ideas about gay parenting in evangelical and mainline Protestant Christianity, Roman Catholicism, and Judaism. The chapter’s focus begins in 1977 with Anita Bryant’s “Save Our Children” campaign. While the “Save Our Children” movement was not limited to issues of gay parenting, the campaign created national dialogue about children in the presence of gays and lesbians that led to a long-lasting stereotype of gays as sexual predators of children that prospective gay and lesbian parents had to overcome. The chapter concludes with a discussion of how several religiously affiliated adoption agencies, following the legalization of same-sex marriage, lobbied to enact “religious freedom” laws to ensure they will not be required to work with gay and lesbian couples.
Jewish Perspectives on Gamete Use, Donation, and Surrogacy
Authors: Dorff Elliot N.
Published: September 2024

This chapter discusses how Jewish law and morality respond to using donor sperm or eggs and, conversely, to donating one’s sperm or eggs. It also discusses Jewish legal and moral responses to serving as an ovum or gestational surrogate. The issues discussed include how Jewish identity is determined when donor gametes are used; whether using donor gametes constitutes adultery or licentiousness; ascription of priestly status to the offspring; whether the commandment to procreate is satisfied through donor insemination; the varying ways and senses in which the biological and social parents are the child’s father or mother; the role of Jewish demographic concerns in evaluating these procedures; single parenthood; and the responsibilities of sperm or egg donors.
Jewish Ethics
Authors: Newman Louis E.
Published: September 2024

This chapter provides a brief introduction to Jewish ethics, its conceptual foundations, textual sources, and historical development. It explains some of the religious beliefs that define the way Jews have traditionally approached ethical questions, as well as the way that the modern era led to radical theological changes. The chapter surveys three major approaches found among contemporary Jewish ethicists and has a concluding section that spells out the interpretive problems faced by all contemporary Jewish ethicists who wish to mine this ancient and multi-faceted tradition for normative guidance on the moral issues of our day.
Biblical Contexts for Adoption and Surrogacy
Authors: Smolin David M.
Published: September 2024

This chapter analyzes Biblical materials relevant to adoption and surrogacy. As to adoption, the chapter concentrates on the Biblical treatment of terms translated as adoption and orphan, and associated Biblical narratives and teachings. While contemporary methods of assisted reproductive technology of course did not exist in Biblical times, nonetheless narratives in Genesis are commonly cited as precursors of surrogacy. Hence, the chapter analyzes these purportedly “surrogacy” narratives. The chapter cautions against reading contemporary assumptions and practices related to adoption and surrogacy into the ancient Scriptural texts. Whether the Scriptures are viewed simply as historically influential precedents, or as religiously authoritative, reading our presuppositions and practices into the texts inappropriately supplies contemporary practices with a false patina of legitimacy.