bluuebunny/crossref_metadata_2025 huggingface dataset:
The Decree on Priestly Formation, Optatam Totius
Authors: Akinwale Anthony A
Published: November 2023

The Second Vatican Council remains pertinent forty years after its closing session. In a Church that is a communion of Churches, to use a phrase that Jean-Marie-Roger Tillard has brought to our attention (or, to use one coined by the Synod of the Church in Africa to deepen and express the conciliar ecclesiology of communion, in a Church that is the family of God), the council is teaching churches, old and new, what the Spirit has been teaching the Church. Speaking in general terms, the council equipped the Church to face new challenges by taking her to her sources as she carries out her mission in the world. Speaking in specific terms, the Conciliar decree Optatam totius on priestly formation equips her to train priests who will be prepared to face the challenges.
The Decree On The Appropriate Renewal Of Religious Life, Perfectae Caritatis
Authors: Allen M Prudence , O’Brien M Judith
Published: November 2023

The large number of perpetually professed women and men religious who chose to leave religious life after the close of the Second Vatican Council led many people to conclude that the council’s official teachings were in discontinuity with previous magisterial teachings about consecrated life. Yet, a careful study of magisterial documents does not support this conclusion. Tracing the Church’s teaching on the essential characteristics of religious life, we discovered a clear pattern of development that built on previous magisterial foundations. The earliest papal writings concentrated on particular religious congregations or founders. Within these texts were also articulated fundamental principles of religious life. Later documents more directly stated general principles of religious life over the centuries, moving from a juridical approach, to its interior personal dynamisms, to its rich ecclesial and spiritual dimensions.
The Declaration On Religious Liberty, Dignitatis Humanae
Authors: Hittinger F Russell
Published: November 2023

When Pope John XXIII convened the Second Vatican Council in 1962, most observers understood that the council would need to address the issue of religious liberty in the civil sphere. Early drafts of a statement on relations between Church and state were included in a schema on the Church. At the close of the council’s first session, the subject was moved over to the schema on ecumenism. Finally, at the third session in the fall of 1964, after some 380 amendments, the schema on religious liberty had become an independent document. It was not so clear, however, whether to undertake a general reconsideration of principles or to confine its work to a policy statement. All of these questions—where to place the statement, what title to give it, the range of its content and mode of treatment—reflect the troubled history of Church and state in the modern period.
The Declaration on Christian Education, Gravissimum Educationis
Authors: Briel Don J
Published: November 2023

In his overview of Gravissimum educationis, Bishop Johannes Pohlschneider argued that the declaration demonstrated both continuity and progress in relation to earlier Church teaching on the role of religious education within the Church and civil society. In a later review of the declaration, Ulrich Gunzer asserted that ‘‘Gravissimum educationis is an important step between the rather dark, apodictic-sounding encyclical on education by Pius XI in 1929 and the two communications by the Apostolic See in 1977 and 1982.’’ Despite the implicit critique of the earlier encyclical, Gunzer is certainly correct in arguing that the council’s declaration drew upon Pius XI’s 1929 encyclical, Divini Illius Magistri. The declaration presupposed, Gunzer maintained, a fundamental continuity with a long series of papal affirmations of the Church’s commitment to the religious education of the young. He asserted that it was equally insistent in its condemnations (which extended throughout the nineteenth and twentieth centuries) of tendencies toward a state monopoly in education, the violation of parents’ primary rights in their children’s education, and the Church’s central role not only in the moral and religious education of the young but also in their wider educational formation for life in the world and their preparation for the next. There is, nonetheless, a good deal that is new in Gravissimum educationis, much of which reflects a rather more optimistic anthropology and a positive evaluation of emerging technology that marks the council’s reflections as a whole.
The Declaration on the Relationship of the Church to Non-Christian Religions, Nostra Aetate
Authors: Kennedy Arthur
Published: November 2023

On October 28, 1965, the seventh anniversary of Pope John XXIII’s election to the papacy, the Declaration on the Relationship of the Church to Non-Christian Religions (Nostra aetate) was one of five documents approved and promulgated by the fathers of Vatican II. In addition to this declaration, three decrees and one other declaration were accepted on the same day; these last four were more directly concerned with the direction and the renewal of the inner life of the Church. Nostra aetate has its basis in the inner mystery of the Church, and it does so in the context articulated in Lumen gentium (nos. 1, 8, and esp. 16), which specifies the mission, purpose, and historicity of the life of the Church and its presence in the world. From the viewpoint of ecclesiology, the theological vision of Nostra aetate is analogical to the sacramental ‘‘sign of intimate union with God and of the unity of all mankind’’ (LG 1).
Anamnesis, Epiclesis, Prolepsis: Categories For Reading The Second Vatican Council As “Renewal Within Tradition’’
Authors: Wainwright Geoffrey
Published: November 2023

A major ecclesiastical council—particularly one that claims ecumenical status—may be approached in two ways, both of them essential to its understanding, interpretation, and evaluation; moreover, because the two approaches interact, they must not be separated. A council may be broadly considered as an event located within a preparatory history, where it then occurs in its own way and finally has effects in the ecclesial body. Alternatively, it may be more narrowly examined for its own deliverances, which are authoritatively promulgated in textual form. As a Protestant (and specifically a Methodist) sympathetic to viewing the Second Vatican Council as an instance of ‘‘renewal within tradition,’’ I concentrate on two conciliar documents—the decree on ecumenism (Unitatis redintegratio) and the constitution on the sacred liturgy (Sacrosanctum concilium). These I set in relation to the two convergent ‘‘movements’’ in the history of the twentieth century that aimed at the recovery of full unity among Christians of institutionally divided traditions and the renewal of their intentionally common worship: the ecumenical movement and the liturgical movement. In the deepest sense, these two movements found their sources in apostolic and patristic Christianity (that is, in the common ground before the major divisions of the sixteenth, the eleventh, and even the fifth centuries), and in the longest run they sought to advance the Church—and indeed thereby the world—toward the consummation of God’s Kingdom.
When the Spirit Moves Women
Authors: Braude Ann
Published: November 2023

In 1811, ]arena Lee heard a voice saying, “Go preach the Gospel!” She immediately replied aloud, “No one will believe me.” But then she heard the same voice say, “Preach the gospel; I will put words in your mouth, and ill turn your enemies to become your friends.” At first she thought the voice came from Satan in an effort to deceive her. Lee viewed herself as an unlikely choice for a preacher. A twenty-eight year-old free black woman living in Philadelphia, she believed that God could find more effective vehicles to spread his word. But when she prayed to God to know whether the voice was his, she had a vision of a pulpit with a Bible lying on it. This convinced her that the voice came from God and that he had indeed called her to preach, whatever apparent obstacles stood in her way.
Mothers and Daughters Maintain the Home
Authors: Braude Ann
Published: November 2023

When Harriet Beecher Stowe lost her infant son Charley in a cholera epidemic in 1849, she did not accept his death with the complacency of her Puritan forebears. Most traditional Protestant theology taught that anyone who died without having had a conversion experience was not among the elect and therefore would not enjoy eternal life in heaven. Now Stowe questioned whether a just and loving God could damn an innocent child who died before he was old enough to sin. She poured her grief into a novel that became the bestselling book of the nineteenth century: Uncle Tom’s Cabin. Published in 1852, Uncle Tom’s Cabin is remembered for spreading antislavery sentiment on the eve of the Civil War and for the racial stereotypes it employed in the process. “So this is the little lady who caused this great war,” Abraham Lincoln said when he met Stowe. But the popularity of Stowe’s novel also marks a turning point in U.S. religious history. It is evidence of the broad acceptance of a liberal trend in Protestant theology and of a new view of women as more spiritual than men.
Contracts for the Sale of Goods
Authors: Gabriel Henry Deeb
Published: November 2023

Contracts for the Sale of Goods delivers a detailed analysis and in-depth comparison of the substantive law for the sale of goods in domestic and international transactions. Practitioners, academics, and anyone involved in the sale or purchase of goods in the international market will need this thorough analysis of both the text of the United Nations Convention on Contracts for the International Sale of Goods (CISF) and the cases that have addressed and interpreted the CISG. Contracts for the Sale of Goods provides a complete discussion and comparison of the UNIDROIT Principles of International Commercial Contracts including the new provisions on setoff, assignment, and limitation periods, as well as a comparative treatment of the CISG and the UNIDROIT Principles to the articles of the Uniform Commercial Code. Both practitioners and academics will find the clarity and ease of access useful to the comparative legal analysis in this book. Of particular note is the style and format which allows the reader to find the relevant provisions and cross-references quickly and accurately. Contracts for the Sale of Goods provides you with all relevant materials in one source, with the text following the structure of the Convention for clarity and convenience Access the Incoterms 2000, the complete texts of Article Two and the PIC, and a list of parties to the CISG. Moreover, the text is structured to provide the answers first, then supplement this with the underlying purpose and rationale for the rules. This allows the reader the ability to locate the correct law quickly, but also allows the reader to delve further into the law if desired.
250 B.C.–1700 A.D.
Authors: Pickover Clifford A
Published: November 2023

Our experience hitherto justifies us in believing that nature is the realization of the simplest conceivable mathematical ideas. I am convinced that we can discover by purely mathematical constructions the concepts and the laws connecting [mathematics and physical reality] with each other, which furnish the key to the understanding of natural phenomena. … In a certain sense, therefore, I hold it true that pure thought can grasp reality, as the ancients dreamed.
The Great Contenders
Authors: Pickover Clifford A
Published: November 2023

This section of the book contains a large panoply of eponymous scientific laws. Some of these laws are slightly more obscure than the laws in the main section of the book, and I also include a few favorite biological laws in this section. Some of the “great contenders,” although quite fundamental, do not have simple formulas for their expression or are not referred to as “laws” in many literature references.
Introduction: Making Class Visible in Film and Cultural Studies
Authors: Nystrom Derek
Published: November 2023

The hard hats, rednecks, and macho men that became the objects of fascination for middle-class filmmakers, critics, and audiences in the 1970s appeared on the cinematic landscape during a pivotal period for Hollywood. Whether one focuses on industrial issues, such as capital investment, corporate ownership, and the organization of production, or textual questions on the development of postclassical film style and the shifting relationship between spectacle and narrative form, the 1970s mark a turning point in the history of American cinema. It was in the 1970s, for example, that Hollywood, after roughly a quarter century of corporate dis- and reorganization following the breakup of the old studio system, made the nowreigning regime of “flexible specialization” the standard model for film production.
Class and the Youth-Cult Cycle
Authors: Nystrom Derek
Published: November 2023

The late 1960s and early 1970s were marked by two seemingly unrelated developments: what Barbara Ehrenreich has called the “discovery of the working class” —a discovery violently induced by, among other things, the May 1970 “hard hat riots” against antiwar protesters—and the establishment of a “New Hollywood” of film school-trained, European art cinema-inspired “movie brats.” The quasi-sociological fascination of the middle class with what appeared to be a conservative backlash of blue-collar Americans would seem, at first glance, to have nothing to do with a youngish group of nascent auteurs intent on creating a personal cinema that spoke to their generational experiences. Yet some of the signal films of the New Hollywood turn out to be surprisingly dependent on this new understanding of the working class. Consider, for example, 1969’s Easy Rider, a film that, following upon the unexpected success (especially among young audiences) of Bonnie and Clyde and The Graduate (both 1967), appeared to announce a new kind of American film. In a prescient foreshadowing of the hard hats’ violence against peace activists, Easy Rider ends when its two countercultural protagonists, Billy (Dennis Hopper) and Wyatt (Peter Fonda), are senselessly murdered by a pair of men whose status as “rednecks” is signified by not only their Deep South accents but also their working-class appearance. Co-screenwriter Terry Southern described the significance of this ending as “an indictment of blue-collar America, the people I thought were responsible for the Vietnam War.” An earlier campfire scene spells out the film’s sense of the psychology of “blue-collar America.” George (Jack Nicholson), the civil libertarian lawyer who Billy and Wyatt have befriended, describes the hostile rednecks the trio had come across earlier as men who were “bought and sold in the marketplace.” Yet he also cautions that these men refuse to acknowledge their lack of freedom, that they will “get real busy killin’ and maimin’
Saturday Night Fever and the Queering of the White, Working-Class Male Body
Authors: Nystrom Derek
Published: November 2023

Saturday Night Fever now seems so representative of its cultural moment —an entire late 1970s structure of feeling is evoked by the iconic, oft-parodied image of John Travolta in that white suit—that it is worth remembering that the film was initially viewed as something of a throwback. Director John Badham explicitly cited Busby Berkeley musicals and West Side Story (1961) as influences on the film, and many critics echoed Richard Corliss’s observation that its love story corresponds faithfully to “the tradition of the Fred Astaire-Ginger Rogers musicals of the thirties.” Furthermore, the film’s social world of outer-borough white ethnics was often taken to represent a bygone era, a milieu rooted more in the 1950s than the 1970s. Yet Fever also positioned itself as a film very much about the contemporary world of disco nightlife, and in some ways about the future as well—the nightclub, after all, is called 2001 Odyssey. We can see the film’s restless traversal of signifiers of the past, present, and future as a symptom of the difficulty it faces in attempting to offer a viable, contemporary heterosexual romance. By situating its traditional love story in the apparently anachronistic space of the Brooklyn neighborhood of Bay Ridge, and by utilizing the older generic structure of the musical, Fever clearly hopes to avoid the difficulty of depicting contemporary gender relations even as it broadcasts its up-to-dateness by focusing on disco music and nightclubs. Yet the film’s deployment of various class and sexual identities to signify this conflicted temporality, as we will see, often threatens to work against its avowedly heterosexual orientation.
The Swedish Arbitration Act in General
Authors: Madsen Finn
Published: November 2023

Since the adoption of the United Nations Convention on the recognition and enforcement of foreign arbitral awards, which was ratified by Sweden in 1972, a significant internationalisation of arbitration law has taken place. During the 1970s and 1980s, arbitration issues were addressed by the United Nations Commission on International Trade Law, UNCITRAL. Following extensive preparation, this work resulted in arbitration regulations, namely the UNCITRAL Arbitration Rules, and in the UNCITRAL Model Law on International Commercial Arbitration, commonly referred to as the Model Law. The intention with the Model Law was that it should form the basis for uniform domestic legislation. In certain cases the authors’ ambitions have been achieved; subject only to minor modifications, the Model Law has been implemented in a number of countries.1 However, the greatest role played by the Model Law has been as a source of inspiration for the enactment of many of the new national arbitration laws that have been adopted around the world in recent years.
International Aspects
Authors: Madsen Finn
Published: November 2023

The question whether a dispute is international in nature is determined in different ways in different arbitration systems.1 Thus, no general uniform or precise definition can be given to the term “international arbitration.” Section 46 of the Act states when the Act is applicable to a dispute with an international connection. An international connection may exist as a consequence of any of the parties being foreign. A dispute between two Swedish parties may also have an international connection, e.g., where the dispute relates to operations and/or transactions outside Sweden. In international arbitrations, the same consideration need rarely be given to Swedish interests as in domestic arbitrations. For example, it is rare that international arbitrations relate to consumer issues or other disputes which concern important matters of principle but, perhaps, involve only small amounts.
The Arbitration Agreement
Authors: Madsen Finn
Published: November 2023

Disputes concerning matters in respect of which the parties may reach a settlement may, by agreement, be referred to one or several arbitrators for resolution. Such an agreement may relate to future disputes pertaining to a legal relationship specified in the agreement. The dispute may concern the existence of a particular fact. The parties may authorise the arbitrators to fill gaps in agreements, in addition to interpreting agreements. Arbitrators may rule on the civil law effects of competition law as between the parties. An arbitration agreement generally serves as the basis for a conventional arbitration.1 In the preparatory works,2 the arbitration agreement is described as a mixed agreement containing both procedural law and civil law features. The procedural effects of the arbitration agreement consist, inter alia, in the agreement constituting a non-mandatory bar to judicial proceedings and in the fact that the agreement may, with the assistance of public authorities, be implemented against an unwilling party.
The Proceedings
Authors: Madsen Finn
Published: November 2023

This section addresses the manner in which the arbitral proceedings are to be initiated, unless the parties have agreed that this shall take place in some other manner. Corresponding rules have been incorporated into Article 21 of the Model Law, which prescribes that unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent. Either of the parties has the possibility to commence arbitral proceedings regarding a question covered by the arbitration agreement. A request for arbitration fulfils the same functions as a writ of summons in a civil case, Where the arbitration takes place at the SCC, the procedure is commenced through a request for arbitration being submitted to the SCC (see the SCC Arbitration Rules, Articles 4).
Fora and Time Periods
Authors: Madsen Finn
Published: November 2023

An action against an arbitral award pursuant to sections 33, 34, and 36 shall be considered by the Court of Appeal within whose district the arbitral proceedings were held. Where the place of arbitration is not stated in the arbitral award, the action may be brought before the Svea Court of Appeal. The decision of the Court of Appeal may not be appealed. The Court of Appeal may, however, grant leave to appeal the decision where it is of importance, as a matter of precedent, that the appeal be considered by the Supreme Court. An action regarding compensation to an arbitrator shall be considered by the District Court at the place of arbitration. Where the place of arbitration is not stated in the arbitral award, the action may be brought before the Stockholm District Court.
Chapter 4
Authors: Bridge* Michael
Published: November 2023

The purpose of this chapter is to chart the relationship between private international law and uniform sales law as exemplified by the United Nations Sale Convention 1980 (the CISG). As part of this exercise, attention will be paid in particular to the autonomy of contracting parties in opting into and out of the CISG, which is the main theme of the various papers in this collection. This autonomy theme is one with which private international lawyers are thoroughly familiar, though here it emerges in the particular context of international uniform law. Since private international law plays a major role in defining the operation of the CISG itself, its impact upon the CISG needs to be considered in order to fill out the main theme in this collection of papers.
25 Years of the CISG: An International lingua franca for Drafting Unifornt Laws, Legal Principles, Dontestic Legislation and Transnational Contracts
Authors: Schlechtriem* Peter H
Published: November 2023

In 2006, a group of little islands in the South Pacific, the Tokelau Islands, rich in fishing grounds, attempted to gain independence under the United Nations decolonization program. To become an independent state under this program, the Tokelau Islands had to meet three basic requirements: They had to have a medical system, a school system and a legal system. The government of New Zealand, which has administered the islands as trustee since the 1980s, helped the islanders meet these requirements by sending experts and counselors to guide them in the development of the necessary structures, in particular a legal system.
Addressing Parol Evidence Issues in Contracts Governed by the CISG
Authors: Flechtner* Harry M
Published: November 2023

The question of the impact of the CISG on the “parol evidence rule” emerged quickly in U.S. decisions applying the CISG. After a false start in an early case, which suggested in dicta that the domestic U.S. parol evidence rule applied in disputes governed by the Convention, 1 U.S. decisions appear to have settled on the conclusion that “contracts governed by the CISG are freed from the limits of the parol evidence rule and there is a wider spectrum of admissible evidence to consider in construing the terms of the parties’ agreement:’
Dealing with Non-Conformity℃ A Transaction Test Analysis of CISG Regulations on Examination and Notice Under Articles 38 Through 44
Authors: Behr* Volker
Published: November 2023

Despite the worldwide acceptance the CISG has received within such a short period of time by an overwhelming number of Contracting States, there is a steady complaint that such broad acceptance by States is not matched by similar acceptance by parties negotiating international sales contracts. Scholarly writing more than occasionally reports that parties to international sales contracts opt out of the convention based on CISG article 6.
Dealing with Avoidance and its Consequences: Articles 49(2), 64(2), and 81 Through 88
Authors: Osuna* Alejandro
Published: November 2023

This chapter will discuss the Digest’s usefulness as a tool for drafting clauses concerning the avoidance of an international sales contract and its consequences. These matters are addressed in Articles 49(2), 64(2), and Articles 81 to 88 of the United Nations’ Convention on Contracts for the International Sale of Goods (“Sales Convention” or “CISG”). Admittedly, when the author was :first asked to write this paper and propose clauses that would deal with the issue of avoidance and its consequences, he looked for some guidance and reviewed some of the standard forms that passed by his desk that are somewhat common in the U.S.-Mexico border region, but did not :find much to serve as a starting point. He had also never considered including clauses to deal with such specific issues, and have some reservations whether he would actually use them.
Introduction
Authors: Cornell Saul
Published: November 2023

Whipping the crowd into a frenzy at the National Rifle Association annual convention, Charlton Heston, the group’s charismatic president, raised an antique rifle above his head and challenged gun control proponents to pry his weapon from his “cold, dead hands.” This defiant gesture, repeated on numerous occasions by the chisel-jawed actor known for his portrayals of key figures in history, has become a powerful symbol in America’s bitter debate over the right to bear arms. To dramatize his rebellious stance, Heston did not wave a modern assault rifle, but a Revolutionary-era rifle, an iconic symbol that adorns progun Web sites, tee shirts, and bumper stickers.
A Well-Regulated Militia: The Origins of the Second Amendment
Authors: Cornell Saul
Published: November 2023

The delegates who traveled to the Constitutional Convention in Philadelphia had good reasons to be apprehensive about the future of the new United States. America’s fledgling experiment in republican government faced a host of dangers from within and without. Shays’s rebellion had frightened many of the nation’s leaders who feared that the young republic was drifting toward anarchy. Moreover, debt-ridden farmers were hardly the only group in America whose grievances might lead them to rebellion. Southern delegates to the Constitutional Convention, most of whom were planters, feared a different threat to civil order, enslaved Africans. External threats to the new nation also weighed heavily on the delegates’ minds. The nation’s borders needed to be rendered secure from potential Indian attack. British troops continued to be garrisoned along the frontier, and Spain was tightening its control of the Mississippi River and the port of New Orleans. Many Americans, particularly those who traveled to Philadelphia, had become convinced that the nation needed a strong national government that could deal with these multiple threats to its security.
The Rise of International Investment, Investment Agreements and Investment Disputes
Authors: Sauvant Karl P
Published: November 2023

To set the scene and provide the context for this volume, I would like to make three points: (1) foreign direct investment (FDI) has become the most important vehicle to bring goods and services to foreign markets and to integrate national production systems; (2) this process has been accompanied by the rapid rise of international investment agreements (IIAs); and (3), most recently, we can also observe a substantial rise of international investment disputes. Over the past 20 years, FDI1 flows have expanded substantially, from around US$50 billion during the early 1980s, to US$1.3 trillion by the end of 2006; they are expected to stay roughly at this level during the next few years (Figure 1.1).
A Coming Crisis: Expansionary Trends in Investment Treaty Arbitration
Authors: Sornarajah M
Published: November 2023

Investment treaties are entered into on the assumption that providing security for investment through the recognition of standards of treatment, compensation for expropriation and the repatriation of profits will result in larger flows of foreign investment (FDI) into developing countries. That assumption is now doubted in several studies by economists and others. Moreover, since the award in AAPL v. Sri Lanka, in which the tribunal found jurisdiction on the basis of the provisions of an investment treaty, the number of investment disputes subjected to arbitration on the basis of treaty provisions has reached explosive proportions. Th e question thus raised for developing countries, in light of those studies and a recent bevy of adverse awards against developing countries, is whether the advantages of entering into investment treaties outweigh their potential disadvantages.
Transparency in International Dispute Settlement Proceedings on Trade and Investment
Authors: Diaz Hugo Perezcano
Published: November 2023

Although international dispute settlement proceedings involving trade and investment agreements are not new, concerns about transparency are somewhat recent. The first GATT dispute settlement case was filed in 1950. During the life of the GATT, a total of 53 cases were submitted to dispute settlement— a small number by today’s standards, but a large one considering the origins and evolution of the system. Investor-State dispute settlement proceedings date back to the early 1960s, when they were first incorporated into bilateral investment treaties (BITs) and subsequently developed in the Washington Convention of 1965 that established the International Centre for Settlement of Investment Disputes (ICSID). Prior to 1997, when the first NAFTA Chapter 11 case was filed, 38 cases had been initiated under the ICSID Convention rules.
Preliminary Rulings in Investment Arbitration
Authors: Schreuer Christoph
Published: November 2023

Coherence and consistency of the case law in international investment arbitration has become a matter of concern. Apart from the odd instances of conflicting decisions concerning the same sets of facts,1 there are now several areas in international investment law that have developed diverse lines of authority. This is despite the fact that most tribunals carefully examine previous decisions and follow precedents most of the time. Two examples may suffice to illustrate the danger of conflicting case law and the disorientation that follows in its wake. One concerns so-called “umbrella clauses.” An umbrella clause is a provision in a treaty under which the States parties undertake to observe obligations they may have entered into with respect to investments. In other words, contractual obligations and other undertakings are put under the treaty’s protective umbrella.
Transparency and Consistency in International Investment Law: Can the Problems be Fixed by Tinkering?
Authors: Mann Howard
Published: November 2023

The issues of transparency and consistency in international investment law today raise fundamental questions of regime building. The international investment law regime has essentially grown as an ad hoc, institutionally deprived regime. To be sure, some institutions are involved, but they are fragmented in their roles, have no mandate over the overall regime’s development process and lack any processes for ongoing review of the evolution of this area of law. The International Centre for Settlement of Investment Disputes (ICSID) provides an institutional home to much arbitration, but it has no mandate to review and develop the substantive laws upon which its tribunals rule. UNCITRAL provides rules for investor-State disputes, but does not even catalog the cases that take place under them.
Avoiding Unintended Consequences
Authors: Paulsson Jan
Published: November 2023

What issues of coherence? There is no reason to be alarmed about inconsistent obiter dicta. Irreconcilable differences in rationes decidendi have been far rarer than supposed. From a practitioner’s viewpoint, there is no crisis of unpredictability. The structural cures imagined were conceived in haste and would have engendered vast disruption, out of all proportion to the familiar task of establishing jurisprudence in new areas of law. Normative hesitations are likely to be resolved in usual and legitimate ways. The demands for greater transparency, on the other hand, should be viewed with sympathy. They hold a realistic promise of leading to better law. The debate was stimulating and worthwhile. It enabled us to determine that on balance there was no balance. One big idea was bad, the other good.
Roark Bradford’s novel and Play
Authors: Henry John , Tracy Steven C
Published: November 2023

Roark Bradford's 1931 novel and 1939 play dealing with the legendary folk-hero John Henry (both titled John Henry) were extremely influential in their own time but have long been unavailable or extremely hard to find. In this unique collection, Steven C.Tracy has joined Bradford's seminal works in a new critical edition to help contextualize both the novel and play, making these vital texts widely available again for scholars of folklore and African American literature. This new volume includes an expansive introduction that explores Bradford's life and work, critical responses to the novel and play, and a survey of John Henry's pervasive influence in folk, literary, and popular culture. It also features a wide array of supplementary materials, including a selected bibliography and discography related to Bradford and John Henry; transcriptions of a number of folksong texts and recordings available during the 1930s; and a chronology of the lives of both Bradford and Henry. As Tracy's introduction makes clear, such a consideration of Bradford--set in the context of writers, both black and white, drawing upon African American folklore and using dialects along with stereotypical and non-stereotypical portrayals--is long overdue. In pairing Bradford's two treatments of the quintessentially American story of John Henry, Tracy has provided the definitive edition of two classic American texts, and in so doing, he provides a welcome opportunity to reflect on the various paths by which African American traditions have infiltrated the cultural mainstream.
Introduction
Authors: Henry John , TraCy Steven C
Published: November 2023

“Put your John Henry right there,” my father cracked with a twinkle and a double knuckle-nudge to the bicep of a customer at the Oakley Gulf gas station where we worked in Cincinnati in the 1970s, indicating that the customer needed to sign the credit card receipt for his purchase. I later learned that it was not only my father who made this substitution—it was, in fact, rather common. It is a mark of the fame of the John Henry legend that John Henry’s name can displace in the popular mind the signature of a founding father and first signer of the Declaration of In- dependence. In legend, John Hancock expressed defiance of King George, or John Bull, as he affixed his now-famous signature to the epochal document; as legend, John Henry acted out his defiance of authority and mechanization for the marginalized with his signature nine-, ten- (sometimes even twenty) pound hammer in a battle of epic dimensions. John Henry was the quintessential natural man, who wielded his hammer on behalf of himself and the dignity of the common man and, as attested by the numerous ballads collected and recorded multi-annually over the years, as well as his life in art and literature and even on Madison Avenue, was an exceedingly popular figure himself. Like the character “John Henry,” the ballad emerged from humble origins in oppressed and abused African American communities to become known the world over as the chronicle of incredible strength and perseverance that demonstrates that winning what seems to be a Pyrrhic victory can, through the chronicle, actually be winning the war.
The Methodology for Interpretation of the CISG
Authors: Zeller Bruno
Published: November 2023

One of the problems in contract law is deciding which remedial system is available to an aggrieved party. Solutions to this problem vary between legal systems. For example, the fault principle is commonly discussed in civil law under the heading of legal effect of failure in performance, whereas in common law whether fault is a prerequisite for liability is viewed as a substantive rather than a remedial question. In the CISG and other international model laws such as the UNIDROIT Principles, fault is not mentioned as a requirement of any remedy.
Article 74: A General Overview
Authors: Zeller Bruno
Published: November 2023

Article 74 allows the aggrieved party to claim damages for any breach of a contract. Although a breach of a contract leads to a claim of damages contrary to some municipal laws, “it will not lead to the avoidance of the contract as a matter of law.” There is no doubt that the right to claim damages is the single most important remedy available under the CISG and, as the Stockholm Chamber of Commerce, commented “a far-reaching provision.” As noted in chapter 4, the substantive rule as to breaches of contract is contained in article 45 or article 61. Article 74 explains only the extent or measurement of any liability of a breaching party.
Special Damages: Interest Rates
Authors: Zeller Bruno
Published: November 2023

Bonell, as the sole arbitrator in a Vienna arbitration proceeding, posed the following question: Is the rate of interest subject to domestic law or gap filling pursuant to general principles underlying the convention? He concluded that the second view, that it is subject to gap filling, was the correct approach because the immediate recourse to a particular domestic law may lead to results which are incompatible with the principle embodied in Art. 78 of the CISG, at least in the case where the law in question expressly prohibits the payment of interest. One of the general principles underlying the CISG is that of “full compensa tion” of the loss caused (cf. Art. 74).
The UNIDROIT Principles and the CISG
Authors: Zeller Bruno
Published: November 2023

This book would not be complete without an examination of the UNIDROIT Principles in general, and specifically in the light of determining and resolving a claim for damages in a failed contract.
The Principles of European Contract Law and the CISG
Authors: Zeller Bruno
Published: November 2023

As a parallel development to the UNIDROIT Principles, the European Commission and other organizations supported a project under the leadership of Ole Lando to draw up a set of contract laws and principles. The current rules are the culmination of work that started in 1982. Not unlike the UNIDROIT Principles, the rules have been drawn up by an independent body of experts from each member state of the European Union. As pointed out in the previous chapter, the UNIDROIT Principles are useful in the interpretation of the CISG. This chapter will investigate whether the PECL assist equally well in the interpretation of the CISG.
Conclusion and Observations
Authors: Zeller Bruno
Published: November 2023

The starting point of this book was the observation that an effective dispute resolution mechanism is critical to the success of an economy. The problem is that solutions to dispute resolution vary between legal systems. The CISG, adopted on April 11, 1980, and sponsored by UNCITRAL, has attempted to harmonize substantive contract law. However, this unification or harmonization attempt has not been without its critics. Views were expressed that a uni%cation attempt is both unwise and doomed to fail.
Krishna Growing Up
Authors: Hawley John Stratton
Published: November 2023

“This night in the month of Bhādon. , this dark night— Soldiers have closed the streets, dear, they’ve shut the doors, and the fear of Kam. s is heavy everywhere. The clouds are rumbling. Now it’s started to pour. The Jamunā’s waves are high, its waters black, And the only thought in every heart is this: how to keep the child’s bright face obscured? Husband, why did I heed your words that day? Better I’d been slaughtered there and then, For look at this child, and tell me how a mother could live if torn from such a son.” Devakī’s wail was heard by the One who pities the poor and removes his servants’ pain: The chains were loosed, says Sūr, the gates undone. He gave her his wisdom and banished her distress. “Braj has been blessed with a headman’s son”— and when the news traveled to everyone How they were filled with joy! The worthy astrologers of Gokul, Seeing that all the merits of the family’s past had planted in the earth an unshakable pillar, Searched pairings of planets, the powers of the stars, and chanted the sounds of the Veda. When the Braj women heard, they all came running, dressed in their natural way, Yet decking themselves with their newest clothes and applying mascara to their eyes.
Krishna Departs for Mathura, Never to Return
Authors: Hawley John Stratton
Published: November 2023

Mathura has decked herself out today Like a bride, oh Hari, when her husband comes: she’s dressed in finery. Curtains embroidered with coral and quartz are parted from latticed oriels As if her eyes had forgotten how to close at the prospect of beholding you. The charm of umbrellas arrayed on high rooftops makes her seem to flower as she gazes out, Revealing breasts that look like golden jars as in happiness her bodice slips away. Her ramparts are a waistband of tinkling bells; her gardens, garments of manifold hues; And ornaments fashioned of glorious palaces lend splendor to her beautiful limbs. A thicket of deep-toned gongs make anklets that sound at her feet, And the wandering, fluttering upper end of her sari is found in the flags the houses fly. Hero of Braj, look closely. Consider how matchless, how entrancing her form. Lord of Su¯rdās, conquer Kam. s! Become this city’s king! The people of Mathura felt great joy When Nanda’s Delight, dressed like a fine actor, arrived with Akru¯r at his side. First the Mind-Beguiler killed the washerman, awarding the clothes to his cowherd band, Then he broke the bow—a sophisticated act, made a mere toy of the elephant, And came on stage slapping his thighs with his mighty arms as a challenge to Mus.t.ik and Cānur. The women of the city cursed King Kam. S for mounting such an unfair match; Bass drums, kettle drums,
Rāmāyan. A
Authors: Hawley John Stratton
Published: November 2023

“Listen, my own little brother, so many aspects of this jungle conspire to steal Jānakī away, Making my eyes encounter certain reminders of features she once had. The lion has her waist; the koel bird, her voice; the moon, the brilliance of her face; The luster in her eyes appears in a herd of deer— nothing is hidden from sight. The campā bloom keeps her color in view; the lotus, her hands and feet; the pomegranate, her teeth; The swan, the way she walks; the red bandhūk, her lips; and a snake, the matchless braid that binds her hair.” The deep pathos of the Raghus’ Lord, the master, makes an instant expand to seem an age. Overpowered—Sūr’s Lord—by the love of the one he loves, he’s forgotten what grandeur is his own. Now that you’ve seen me in such a state, as you go, what more message need I send? Listen, oh monkey: how much longer can I keep my lifebreath under guard? It’s a very restless thing. It wants to depart. It no longer thinks at all. I only restrain it by calling, calling his name, and thereby closing, closing the door of my mouth. Hanumān, I fear to trouble you with knowledge of so humble a thing, But never has he heard such misery, says Sūr— that mercy-loving husband of mine.
Corrective and Distributive Justice
Authors: Englard Izhak
Published: November 2023

Corrective and Distributive Justice: From Aristotle to Modern Times retraces the intricate history of the distinction between corrective and distributive justice. This distinction is elaborated in the 5th book of Aristotle’s Nicomachean Ethics, which was rediscovered in Western Europe in the 12th and 13th centuries by the Scholastics and turned into a central topic in legal and theological scholarship. After a decline of interest in the wake of the enlightenment and secularization, a surprising revival of these notions of justice occurred in U.S. legal and philosophical discourse during the last four decades that has made this distinction a central issue in tort law, restitution and other important fields of private and public law. In literally hundreds of articles and a considerable number of books, the Aristotelian distinction has been elaborated, discussed, and applied. Englard’s unique contribution to this aspect of legal history grants the contemporary reader a historical perspective that is vital for a deepened understanding of the distinction and modern concerns. Organized chronologically, Englard’s research covers: Aristotle, High Scholastics, Late Scholastics, Post-Scholastics, and Modernity. The relevant literature is notoriously difficult to access, not only because of its Latin language, but because of the physical rarity of the relevant books scattered throughout the world. This book offers the modern reader a touchstone synthesis of intellectual and legal history.
The Starting Point Aristotle’s Classification of Justice
Authors: Englard Izhak
Published: November 2023

ARISTOTLE’S FAMOUS ANALYSIS of the notion of justice in the Fifth Book of his Nicomachean Ethics remains unsurpassed.1 It has exercised an enormous influence throughout the ages and remains relevant to this very day.2 Aristotle’s starting point is the concept of virtue: justice can be a complete virtue or a partial one. Justice as complete virtue is called by him the legal or universal justice; justice as partial virtue is called particular justice.3 The distinction between these two virtue-related notions of justice can be better illustrated by referring to their opposites: manifold vices, such as lasciviousness, cowardice, and anger; hence, universal justice is reached by overcoming these different vices. Particular justice, on the other hand, means the overcoming of a particular vice, namely that of desiring more than what belongs to oneself (pleonexia).4 The outcome of that vice is inequality; hence, particular justice is the justice of equality (iustitia aequalitatis).5 It has been suggested that the Aristotelian basic distinction between universal (legal) justice and particular justice may have its origin in the ancient dual divinities of Themis and Dike, one representing the divine-royal commandments, the other the law immanent in humanity.6 On the other hand, it is noteworthy that Aristotle in defining the “legal” justice does not elaborate on the specific content of that general law and its relationship to ethics. He seems to emphasize the mental attitude and the habit of abiding by the law of the state as the basis of all virtue, without examining the inherent value of the specific legal system. The latter may, indeed, be only incompletely just and, therefore, of merely hypothetical (relative) value.7