bluuebunny/crossref_metadata_2025 huggingface dataset:
Transition from Collective Farms to Individual Tenures in Central and Eastern Europe
Authors: Swinnen Johan F. M.
Published: October 2011

Land reform played an integral role in the overall agrarian reforms in all Central and Eastern European Countries (CEECs). This reform began during the early 1990s and it served as a crucial precondition for the restructuring of both the collective and state farms. Land property rights were transferred either from collective farms or from the state to private agents as part of many land reform measures. This happened despite the fact that land ownership remained prohibited in some areas. Although the reforms across all CEECs resulted in a greater number of individual tenures, there were significant discrepancies in the extent of the shift as observed throughout the different farming specializations and the regions in the CEECs. This chapter gives a comparative analysis of land reform and the implications of the shift from collective to individual tenures within the CEECs.
Case Study. The Dramatic Rise of Individual Farming in Albania: Causes and Effects
Authors: Cungu Azeta , Swinnen Johan F. M.
Published: October 2011

Since agriculture accounts for a significant portion in Albania's total GDP and because of its large farming population, agrarian reform has played no small part in the economic reforms imposed there. Because of this reform, land and other such assets were distributed to farm workers, which furthered the decollectivization of collective farms and the transition to the adoption of private land ownership. As such, the individual family farm became the fundamental farm organization. The effects on Albania of these reforms are found to be different from the effects experienced by other Central and Eastern European countries (CEECs). This is because land in large-scale farming in the other CEECs still accounts for a sizeable share of the total land and land was mostly restituted to its former owners. Improved resource allocation and labour incentives initiated growth in agricultural output after the reform. This chapter identifies the determinants of agricultural privatization policies and land reform, particularly in the case of Albania.
Utilitarianism and Global Justice
Authors: Jones Charles
Published: October 2011

Cosmopolitan justice can take up a number of forms, the most important and promising of which are utilitarian, rights-based, and obligation-based conceptions. This chapter outlines each of these views in turn, with the goal of showing how an approach centered on basic human rights overcomes the shortcomings of its main contenders. It begins with utilitarianism because its simplicity and direct approach to global justice has a significant appeal and also because some of the most notable contributions to the global ethics debates have been utilitarian. It is worthwhile therefore to determine the character and plausibility of this approach. Utilitarianism has quite radical implications for global social policy: it demands a significant redistribution of wealth and resources from rich to poor and if necessary, supports institutional changes.
The LDP's Policy-Making Structures
Authors: Wright Maurice
Published: October 2011

The constitution of Japan's Liberal Democratic Party (LDP) prescribes that all proposed legislation and policies adopted by the party must first be examined and approved by the party before submission to the Cabinet and the Diet. The Policy Affairs Research Council is charged with studying, researching, and planning party policies. The Council was the party's central policy-making body throughout the last quarter of the 20th century. As the turnover of both party and government posts was high, there was a large group of party elders, some of whom were also leaders of factions or remained influential within them. Elders and senior party leaders provided initiative, guidance, management, coordination, and control in the party's policy-making. This chapter examines the role and influence of elders and senior leaders in the LDP's formal policy-making structures, together with the contribution made by the rank-and-file Dietmen, as well as the role played outside those structures by informal policy tribes. The focus is mainly on the LDP in the period 1975–93, and again in 1996–2000.
Budget Institutions and Structures
Authors: Wright Maurice
Published: October 2011

The formal institutions and structures of Japan's budgetary system are complex; the processes of making budgets through them labyrinthine and opaque. The proliferation of the number and different types of budgets and accounts is partly an historical legacy of the creation of the modern state after the Meiji Restoration, when many of them were established, and used explicitly as instruments of national economic development. There are two main central government budgets: the General Account Budget and the so-called second budget, the Fiscal Investment and Loan Programme. Both budgets are revised in-year, and revisions are incorporated in one or more Supplementary Budgets. There are, besides, the budgets of public banks and finance corporations, compiled under the sole or shared supervisory jurisdiction of the Ministry of Finance, and those of other public corporations and special companies, supervised by various Spending Ministries and Agencies. Finally, there are thirty-eight Special Accounts, established by law to manage the revenues and expenditures of specific government activities or special projects.
The Budget Processes in the Spending Ministries
Authors: Wright Maurice
Published: October 2011

In Japan, ministries and agencies submitted budget requests for shares of the General Account Budget to the Ministry of Finance (MOF) on 31 August each year. Their processes of internal compilation were concerned with two main issues: the budget limit or ceiling agreed informally with the Budget Bureau prior to submission, and, within that ceiling, the allocation of shares to each bureau, and to the programmes, projects, and items of spending of their policy divisions. Those issues were articulated through four linked and overlapping processes: first, the evolution, preparation, discussion, and negotiation of budget proposals within and between the policy divisions of each bureau; second, the examination of those proposals by the ministry's Budget and Accounts Division, and its negotiations with divisions and bureaux; third, and concurrently, the ministry's Budget and Accounts Division's informal negotiations with the MOF's Budget Bureau of that probable budget ceiling (that is, its putative share of the total of the planned General Account Budget); and, finally, the preparation and legitimation of formal budget requests.
The Organization
Authors: Dowling Grahame R.
Published: October 2011

This chapter explores the business context in which marketing decisions are made. It frames the discussion from a marketing point of view, emphasizing, products and services, customers, innovation, and sources of competitive advantage. Marketing scholars agree that a good business strategy makes marketing much easier and its productivity more achievable. While marketing managers typically have little direct influence over their organization's strategic intent and business model, their actions can affect the efficiency and effectiveness with which it implements strategy. They do this through their understanding of target consumers' buying behaviour and making sure that the voice of the customer is not lost in the process of strategic planning. In this process, they gain more credibility in the organization by linking marketing actions to accounting outcomes.
Planning and Control
Authors: Dowling Grahame R.
Published: October 2011

This chapter discusses marketing planning. Part A of this chapter presents a marketing planning framework that gathers and organizes the information in this book. The framework contains a number of feedback loops to reflect the fact that a great deal of the process of planning involves a compromise between what is desirable and what is feasible. Part B looks at the issue of making marketing work. While there has been a great deal written about designing marketing strategy and programmes, there is much less known about actually implementing marketing. The process of planning is a good way to capture and organize the knowledge about customers, competitors, and markets that is distributed throughout the organization. Also, the process of planning acts as a form of collective decision-making.
Clearing the Ground
Authors: Buckle Stephen
Published: October 2011

This book is out of step with some well-established verities in the interpretation of David Hume's philosophy. The preference is misguided in at least two respects. In the first place, it reflects certain convictions about the nature of Hume's philosophy — convictions derived from selected passages in A Treatise of Human Nature — that necessarily subordinate the first Enquiry concerning Human Understanding to the earlier work; and so, where they differ, rules it out of serious consideration. These convictions are not addressed directly, but will be counted by the book as a whole, as the aim is to show that the Enquiry is a unified work with a coherent argument, and that the very coherence, and significance, of the argument shows it to be the best short guide to Hume's philosophy.
Of Probability
Authors: Buckle Stephen
Published: October 2011

According to John Locke, probability is to supply the defect of people's knowledge, and it is for this purpose that David Hume now turns his attention to probabilities. He has argued that people's beliefs about matters of fact are based not in reason, but in merely habitual connections. They are therefore not certain knowledge. Hume asserts that experience itself provides the standards, in the sense that the relative frequencies of particular occurrences produces degrees of belief of expectation that correspond to those relative frequencies. It is custom, then, that is the real measure of all things, of things that are that they are, and of things that are more or less, that they are more or less. Custom generates standards of judgement that are as subtle and nuanced as experience itself.
Attitude Problems
Authors: Forbes Graeme
Published: October 2011

Ascriptions of mental states to oneself and others give rise to many interesting logical and semantic problems. This problem presents an original account of mental state ascriptions that are made using intensional transitive verbs such as ‘want’, ‘seek’, ‘imaginer’, and ‘worship’. This book offers a theory of how such verbs work that draws on ideas from natural language semantics, philosophy of language, and aesthetics.
Wage Bargaining and Unions
Authors: Layard Richard , Nickell Stephen , Jackman Richard
Published: October 2011

Generally, unions bargain over wages and manning ratios. They do not bargain on total employment for the reason than in most normal cases (wherein new workers are hired), the employment level is irrelevant to existing labourers. However, where jobs are being lost, there is sometimes bargaining over layoffs. Layoffs are generally left to management discretion — and the wage bargain takes the risk of layoffs into consideration. From the firm's perspective, when the bargained wage is higher, the more powerful the labour union is, the less elastic is the demand for labour. The higher the wage, the lower the unemployment level is.
Mismatch: the Structure of Unemployment
Authors: Layard Richard , Nickell Stephen , Jackman Richard
Published: October 2011

There are significant differences in unemployment levels between occupations, regions, age-groups, and races. These differences are very persistent and do not reflect the legacy of structural shocks. They are however closely connected to differences in turnover rate with differences in unemployment durations playing a small role. Unemployment level differences between age-groups are affected by demographic factors. But unemployment differences between occupations and regions can only be explained jointly in terms of mobility between groups.
Logical Pluralism
Authors: Beall JC , Restall Greg
Published: October 2011

Consequence is at the heart of logic; an account of consequence, of what follows from what, offers a vital tool in the evaluation of arguments. Since philosophy itself proceeds by way of argument and inference, a clear view of what logical consequence amounts to is of central importance to the whole discipline of philosophy. This book presents and defends what it calls logical pluralism, arguing that the notion of logical consequence does not pin down one deductive consequence relation; it allows for many of them. In particular, the book argues that broadly classical, intuitionistic, and relevant accounts of deductive logic are genuine logical consequence relations; we should not search for one true logic, since there are many. The book's conclusions have profound implications for many linguists as well as for philosophers.
Pluralism Defined
Authors: Beall JC
Published: October 2011

Logical pluralism is a pluralism about logical consequence. Crudely put, a pluralist maintains that there is more than one relation of logical consequence. By way of illustrating the kind of claim involved in logical pluralism, a few analogies are considered in this chapter. According to the Generalised Tarski Thesis (GTT), an argument is valid if and only if, in every case in which the premises are true, so is the conclusion. Logical pluralism is the claim that at least two different instances of GTT provide admissible precisifications of logical consequence. Unlike the restricted Tarski Thesis, which admits only one instance of case (Tarski's models), the pluralist endorses at least two instances, giving rise to two different accounts of deductive logical consequence (for the same language), two different senses of ‘follows from’. There are at least two ways to not be a logical pluralist: reject the GTT or endorse exactly one instance.
Variations & Loose Ends
Authors: Beall JC
Published: October 2011

This chapter presents variations on logical consequence and logical pluralism. If the arguments presented so far are sound, then there are different ways to settle the notion of logical consequence, each equally deserving the title ‘logic’. In this chapter, some other degrees of variation possible for the logical pluralist are considered. It examines an issue raised by such variations, as well as by variations considered in earlier chapters: whether plurality in logic comes only by way of plurality of languages. The chapter concludes by tying up some loose ends, especially with respect to paraconsistency, dialetheism, and the notion of endorsing a logic. Free logic, second-order logic, and higher-order logic are also discussed.
Where to compete? The logic behind market selection
Authors: Venzin Markus
Published: October 2011

This chapter advances some of the arguments presented in Chapter 4 and develops a heuristic model that supports managers when choosing their next target market. Market selection and market entry mode choices often coincide and are hard to separate, and as such are often treated as one decision. Once a country has been selected for entry, it automatically has to be compared to the existing portfolio of geographical presence. Most financial services firms use portfolio matrices as a basis for their geographical investment decisions that measure the relative strengths of their own operations and the attractiveness of foreign markets. The chapter describes those two factors, the usefulness of portfolio matrices, and then discusses process aspects of market selection, that is, how management teams actually collect data on foreign markets and set investment priorities.
When to enter? The timing and speed of market entry
Authors: Venzin Markus
Published: October 2011

This chapter starts with a discussion on how financial services firms predict market development. The role of uncertainty and ambiguity, and tools that attempt to reduce them, are presented. It then considers early and late mover advantages, showing how firms that enter markets early try to protect their advantages through isolation mechanisms such as the creation of technological standards, the pre-emption of assets, and buyer switching costs. Late movers can take advantage of free riding, the early resolution of technological or market uncertainty, shifts in technology or customer needs, and incumbent inertia. The chapter concludes with a discussion of factors that typically lead to accelerated international expansion.
How to compete? The development of business and functional-level strategies
Authors: Venzin Markus
Published: October 2011

This chapter explores how positional competitive advantages can lead to superior performance. It shows why profitability variance among financial services firms exists not only on an international level but also on a national scale. Higher profitability depends on the ability of a financial services firm to understand the local market structure and develop positional advantages. Another avenue to higher profitability is to deploy superior resources and capabilities in the local market. A third common way to internationalize in a profitable way is to concentrate on a narrow industry segment (or client group) and leverage superior capabilities on a global scale. The chapter introduces and illustrates these concepts with two case examples — Allianz and HBOS — which demonstrate show how financial services firms can create unique strategic positions by developing differentiation and cost advantages as well as by focusing on well-defined target segments.
How to accelerate learning? Facilitating cross-border knowledge transfer
Authors: Venzin Markus
Published: October 2011

This chapter discusses how cross-border synergies can be created in banks and insurance companies by enabling the transfer of knowledge within the network of international units. It highlights the critical role of knowledge and knowledge sharing in making internationalization strategies work. It describes nine elements of an organizational culture that facilitates cross-border knowledge sharing and shows how to design a system that supports the international flow of knowledge. The chapter concludes with a reflection on the limits of cross-border knowledge sharing.
Critical Criminology: The Renewal of Theory, Politics, and Practice
Authors: McLaughlin Eugene
Published: October 2011

This chapter begins by detailing the theoretical, political, and research coordinates of a Critical Criminology that coalesced into an orthodox Marxist position in the course of the 1980s and 1990s. It then goes on to discuss the challenges now facing the field of Critical Criminology. It acknowledges from the outset that, globally, there are several critical criminological communities of identification and articulation and divergent thematic paths. To varying degrees they are antagonistic towards the conventional criminological complex. The chapter's primary geographical reference point is the UK as it is the geo-political context that has generated what is viewed to be the most forceful orthodox position.
The Global Financial Crisis: Neo-Liberalism, Social Democracy, and Criminology
Authors: Brown David
Published: October 2011

This chapter begins with a discussion of the economic, political, and social context of the recent global financial crisis, which casts into relief current boundaries of criminology, permeated and made fluid in criminology's recent cultural turn. This cultural turn has reinvigorated criminology, providing new objects of analysis and rich and thick descriptions of the relationship between criminal justice and the conditions of life in ‘late modernity’. Yet in comparison with certain older traditions that sought to articulate criminal justice issues with a wider politics of contestation around political economies and social welfare policies of different polities, many of the current leading culturalist accounts tend in their globalized convergences to produce a strangely decontextualized picture in which we are all subject to the zeitgeist of a unitary ‘late modernity’ which does not differ between, for example, social democratic and neo-liberal polities, let alone allow for the widespread persistence of the pre-modern. It is argued that that contrary to this globalizing trend there are signs within criminology that life is being breathed back into social democratic and penal welfare concerns, habitus, and practices. The chapter discusses three of these signs: the emergence of neo-liberalism as a subject of criminology; a developing comparative penology which recognizes differences in the political economies of capitalist states and evinces a renewed interest in inequality; and a nascent revolt against the ‘generative grammar’, ‘pathological disciplinarities’, and ‘imaginary penalities’ of neoliberal managerialism.
Criminology and the Role of Experimental Research
Authors: Hough Mike
Published: October 2011

This chapter discusses the role of experimental research in policy-focused criminology. It makes some fairly simple points in response to a current tendency to overstate the contribution that particular research methods can make to the discipline. The context on which the chapter draws is British, but the conclusions drawn here may have wider applicability and relevance. The main argument is this: the questions with which policy-focused criminology grapples range from the simple to the very complex; experimental research methods have a value in answering questions of middling complexity; but they are useful in answering neither very simple questions nor very complex ones; criminologists should not artificially restrict themselves to examining issues of middling complexity, by insisting that experimental research methods should lie at the heart of the discipline.
Remembering Criminology's ‘Forgotten Theme’: Seeking Justice in US Crime Policy Using an Intersectional Approach
Authors: Sokoloff Natalie J. , Burgess-Proctor Amanda
Published: October 2011

This chapter addresses the concern that justice is criminology's ‘forgotten theme’. After briefly outlining the failure of contemporary mainstream criminology to engage with justice, it summarizes the intersectional framework which offers criminology an important tool both for identifying inequalities and for working to improving justice. To illustrate, an intersectional approach is used to examine how problematic crime policy can lead to injustices for marginalized groups: specifically, how the US War on Drugs has contributed to the mass incarceration of poor Black and, increasingly, of Latina women.
Criminological Cliques: Narrowing Dialogues, Institutional Protectionism, and the Next Generation
Authors: Hannah-Moffat Kelly
Published: October 2011

This chapter presents three related challenges faced by the ‘discipline’ of criminology, with the goal of promoting dialogue about the field's future. It first argues that although criminology has achieved disciplinary status with discrete areas of specialization, it is vitally important that criminological research and education draw on the range of other disciplinary knowledge that intersect with criminology. Second, it explores how the development of research branches in many criminal justice agencies, who are rightly concerned with the everyday pragmatics of policing or punishing, can (and in some cases do) shape and restrict research possibilities. It examines how emerging forms of institutional protectionism restrict the production of critical criminological knowledge. These observations may be applicable to other countries, but the focus is on the research landscape in Canada. Finally, the chapter considers how commitments to intellectual diversity and the restrictions imposed on certain types of ‘critical’ scholarship can complicate future criminologists' research and education. These three themes are linked by a broader interest in criminological knowledge, its structure and progression as well as by a need to discuss how various institutional ‘boundaries’ shape our theorizing, research questions, types of analysis, and scholarly standards.
Criminology: Science + Policy Analysis
Authors: Blumstein Alfred
Published: October 2011

This chapter highlights some important interactions between scientific knowledge about offenders and their criminal careers, and the implications of that knowledge for developing more intelligent policy that can and should be used in the operation of the criminal justice system. It also discusses how policy concerns can stimulate scientific research that can provide a focus on where policy improvement can best be targeted. These provide an opportunity for identifying policies that have been put in place that failed to exploit that knowledge.
4 Procedural Structure and Features of International Criminal Justice: Lessons from the ICTY
Authors: Eser Albin
Published: October 2011

When people speculate over international criminal tribunals as a success or a failure, the answer very much depends on what one expected. Therefore, the first question to be clarified must be the identification of the substantive aims to be pursued by international criminal justice, the procedural means to be employed, and the modes by which they should be performed. With particular focus on ‘adversarial’ or ‘inquisitorial’ structures and features of the procedure, this chapter examines how to improve the search for truth, to guarantee fairness, to enhance expediency, to promote reconciliation, and to record historical findings. Along this line particular attention is paid to the role of the parties, witness proofing, plea bargaining, equality of arms, impartiality of the judges, self-representation of the defendant, and measures to speeding up proceedings.
6 Unity and Division in Decision Making—The Law and Practice on Individual Opinions at the ICTY
Authors: Sluiter Göran
Published: October 2011

This chapter critically addresses the use of separate and dissenting opinions at the ICTY. Its central question is whether the use of individual opinions at the ICTY is in need of reform with a view to improve judicial decision-making and the confidence therein by the public. It first discusses the diverging views on the availability of individual opinions in general. Next it traces the origin and history of individual opinions in international criminal proceedings. At the heart of the chapter is the analysis of 208 individual opinions published by ICTY judges. This practice suffers of a number of flaws and should be improved in a number of areas. The conclusion contains a number of recommendations to that end, which are no longer of much assistance to the ICTY, but could be its legacy on this point for the ICC.
10 Regulation of Defence Counsel: An Evolution Towards Restriction and Legitimacy
Authors: Combs Nancy Amoury
Published: October 2011

This chapter details the evolution of the ICTY's rules governing the initiation and termination of defence representation, and links that evolution to the maturing of international criminal law as a whole. Early ICTY defendants were given broad discretion to select the defence counsel of their choice, to fire the defence counsel they had previously selected, and to refuse the assistance of defence counsel entirely. Current defendants retain much of that discretion, but in recent years, the ICTY has adopted rules restricting defendants' choices to some degree. They did so both to improve the quality of legal representation and the efficiency of trials, but the virtually limitless choice offered to early defendants in their dealings with defence counsel also stemmed from the need of a novel and immature criminal justice system to gain legitimacy. As the ICTY has matured and gained legitimacy, it has proven more willing to regulate the lawyer–client relationship. This willingness reflects a coming-of-age both of the ICTY and international criminal trials more generally.
Freedom of Speech
Authors: Finnis John
Published: October 2011

This chapter contains the text of a 1970 essay which tries to penetrate the ‘region of principles’ spoken of by Mill in On Liberty. The logical analysis of rights shows the vast array of different and incompatible rules that might be derived from the ‘principle’ or ‘right’ of ‘free speech’. Resolution of these ambiguities requires acknowledgement of substantive human goods; a better conception of political and legal philosophy than the current (1970) conceptions articulated by Anthony Quinton; a better conception of utility than Mill's or Bentham's; attention to the complexity of the basic good of friendship; and acknowledgement, against Mill and Milton, that man has not ‘come of age’ in England or elsewhere.
C.S. Lewis and Test-Tube Babies
Authors: Finnis John
Published: October 2011

This chapter closely analyses C. S. Lewis's The Abolition of Man, especially its crucial third chapter. It compares its thought with the line of argument which shows the moral wrong involved in generating human offspring by artificial means divorced from marital intercourse: the inequality involved in the producer–product relationship is inherent, and is manifested in non-intrinsic but virtually universal conditions of IVF, namely destructive experimentation, observation, and selection. The concern in Lewis's third chapter with contraception is usually overlooked.
On Retranslating Humanae Vitae
Authors: Finnis John
Published: October 2011

On the occasion of translating into English the Latin of the 1968 encyclical on contraception and responsible parenthood, this chapter locates the encyclical in the context of the Second Vatican Council. It identifies its central argument, and focuses on the significance of the basic human good of marriage and the significance of the marital act for the expressing, actualizing, and experiencing of that good. Contracepting is excluded on essentially the same grounds as all other non-marital sex acts, that its being non-marital (because it eliminates from the act one of the aspects of the good of marriage) is against the good of marriage. Marriage's point is not procreation, nor friendship between the spouses, but marriage itself, as a good uniting both procreation and friendship in a form of life apt for the good of children. The essential difference between contraception and periodic abstinence can be explained more clearly than the encyclical does, as can (with hindsight) the bad effects of treating contraception as morally acceptable.
Legal Consequences of an Impermissible Reservation to a Human Rights Treaty: Where Do We Stand?
Authors: Simma Bruno , Hernández Gleider I.
Published: October 2011

The Vienna Convention's regime on reservations is particularly unfit to cope with the specific characteristics of human rights treaties due to the very limited and particular role played by reciprocity and the ‘inward-targeted’ nature of the obligations stipulated in such instruments. Regional human rights courts and UN human rights treaty bodies have developed certain methods of monitoring the reservations practice of states parties to the respective instruments, but a central question has hitherto remained very controversial, namely that of the legal consequences of a reservation to a human rights treaty which is considered incompatible with that treaty's object and purpose and therefore impermissible. After many years of dealing with the topic of reservations, the UN International Law Commission has finally addressed this issue: Special Rapporteur Alain Pellet has proposed a solution which finds itself essentially in accord with the ‘severability’ doctrine advocated by the human rights community, reconciling this approach and the principle of treaty consent through the introduction of a presumption of severability of an invalid reservation from the body of a human rights treaty, to which the State making such a reservation will then remain bound in full. This chapter supports the Special Rapporteur's proposal, traces its development, and discusses both the advantages and the specific challenges posed by a presumption of severability.
Compensation and Restitution in Investor-State Arbitration
Authors: Borzu Sabahi
Published: October 2011

This book presents a detailed study on compensation and restitution in investor state arbitration pursuant to investment treaties. The study begins by examining the historical roots of the principles of reparation, restitution, and compensation in international law as reflected in the landmark Chorzów Factory case. The roots of these principles are traced to Roman law and private law concepts that entered into the European continent's legal systems. Moving to modern times, the study focuses on the principle of reparation set out in the Chorzów Factory case and its requirement that reparation put the aggrieved party in the ‘hypothetical position’ that would have existed if not for the wrongful act. Restitution, both material and judicial, is discussed as a form of reparation. Compensation, by far the more common form of reparation in modern international investment disputes, is discussed in detail. In dealing with compensation for expropriation, this book examines the recent trends in which lawful and unlawful expropriation cases are distinguished and the impact that this distinction can have on the amount of compensation. This book additionally outlines some of the main valuation and accounting methods used in setting the hypothetical position to measure compensation due. Various forms of supplemental compensation, such as moral damages, interest, or arbitration costs, may also be necessary to fully restore the hypothetical position; these are discussed along with applicable limitations. This study also sets out important principles that may limit compensation generally, such as causation and the prohibition on double counting.
3 Modern Reparation Doctrine in International Law and Investment Treaty Arbitration
Authors: Borzu Sabahi
Published: October 2011

This chapter traces the doctrine of reparation in contemporary international law and, in particular, in investment treaty arbitration. It discusses in detail the two significant developments which mark the evolution of the doctrine of reparation during the 20th century: the decision of the Permanent Court of International Justice in the Factory at Chorzów case, and the work of the International Law Commission (ILC) on the law governing the responsibility of States for internationally wrongful acts, which culminated in draft articles adopted by the UN General Assembly and recommended to States. It examines the application in investment arbitration of the principles of reparation found in these two sources, and discusses certain fundamental concepts relating to reparation and their pertinence to the particular nature of investment treaty arbitration, particularly the concept of the ‘hypothetical position’.
Parliament, Human Rights, and Counter-Terrorism
Authors: Tomkins Adam
Published: October 2011

This chapter contributes to the debate between legal constitutionalists and political constitutionalists. It is in three parts. The first summarizes the leading UK case law on rights, liberty, and security since the Belmarsh decision. Arguing that Belmarsh already looks like an exception rather than a new beginning in public law, it outlines the illiberal nature of a range of decisions. Secondly, this case law is used to challenge the workability/desirability of David Dyzenhaus's model of rule-of-law protection in times of crisis. Thirdly, the chapter examines Parliament's recent record at scrutinizing various government claims as to what it is necessary to do in the interests of national security, focussing on the debate of the Terrorism Act 2006, and the role of the Joint Committee on Human Rights. This is used to show that that a weak judicial decision that legitimates an illiberal policy is used by governments to shut down political debates, and also that Parliament is an agency through which rights can be better protected even in this most difficult area of national and international concern.
Statutory Bills of Rights: You Read Words In, You Read Words Out, You Take Parliament’s Clear Intention and You Shake it All About—Doin’ the Sankey Hanky Panky
Authors: Allan James
Published: October 2011

The United Kingdom's statutory bill of rights, with its strong reading down provision, via s.3 of the UK Human Rights Act, as in Ghaidan v. Godin Mendoza, is tantamount to a ‘licence to rewrite legislation’. This makes UK judges just as powerful as they are under a United States style constitutionalized bill of rights, given the failure of UK governments to respond to radical reinterpretations and dispute declarations of incompatibility. All this is exacerbated by the undemocratic manner in which judges are now appointed in the UK. This chapter presents a pessimistic scenario for those who favour democratic decision-making, including decisions about the proper scope of rights, what to do when they conflict, and when limits are reasonable.
Constitutionalizing Labour Rights in Europe
Authors: Fudge Judy
Published: October 2011

By looking at a few recent cases decided by the Supreme Court of Canada (Health Services and Support-Facilities Subsector Bargaining Association v. British Columbia 2007), by the European Court of Justice (Viking 2007, Laval 2007, Ruffert(2008), and the European Court of Human Rights (Demir and Baykara v. Turkey 2008) this chapter explores what the idea of constitutional labour rights means. In doing so, it places this emerging process of constitutionalization in its broader political and economic context of economic globalization and political neo-liberalism. It uses the recent cases in Canada and Europe to illustrate how a comparative analysis helps us to understand and to identify some of the perils and promises associated with this process.
The Political Institutions of Rights-Protection
Authors: Tushnet Mark
Published: October 2011

This chapter explores the determinants of a politics that is directed at the specification of rights, including: whether there is parliamentary supremacy or separation of powers, whether the legislation is primarily rights focussed, the access of interest groups to a party political structure, the extent to which parties are coalitions, the strength of the party leaders, whether the members have an independent political base, and whether the leadership of a party is at stake. All the factors are shown to be relevant to the prospect of political parties being engaged in the effective protection of human rights.
Human Rights and the Global South
Authors: Anderson Gavin W.
Published: October 2011

This chapter seeks to rescue human rights by developing an alternative epistemology of human rights associated with the phenomenon of ‘globalization from below’. This relates to the emergence of transnational networks of social movements, NGOs, and umbrella groupings such as the World Social Forum, which call into question the neoliberal paradigm and its version of human rights. A transformed rights discourse would be rooted in the politics of the global South which rejects the human rights used in the justification of colonialism and the dominance of international corporations. Rather, the emphasis is on public health over property rights and on the differences rather than universal features of human cultures. An example is the globalization of Western economic and social rights which privilege developed countries in international markets. If the Western dominant epistemology of human nature underlying the modern human rights movement is challenged, this gives us further reasons to be sceptical about current top-down methods of institutionalizing human rights.
Judges without a Court—Judicial Preview in Sweden
Authors: Bull Thomas
Published: October 2011

This chapter describes the Swedish system of preview of legislation in order to assure that constitutional and human rights are respected. It consists of four main components: the system of legislative committees in preparing legislation, wide access to public documents and right to publish those, the Law Council (consisting of judges), and the Constitutional Committee of the Parliament. It argues that together these four components of the preview-system makes it hard, though not impossible, to legislate in a way that infringes rights. The government is in no way obliged to follow the Law Council, but not doing so will of course give rise to a political debate and latter on give courts a hint that legislations passed might not be constitutionally sound (in a review situation). Concrete examples are given as to how they interact and on situations when the system have worked as well as not worked.
Amateur Operatics: The Realization of Parliamentary Protection of Civil Liberties
Authors: Morgan Jonathan
Published: October 2011

This chapter combines trenchant criticism of the UK Human Rights Act 1998 and an innovative suggestion for its radical modification. The critical element concentrates on Sections 3 and 4 of the HRA and the thesis that they make for a dialogue between courts and Parliament. It then goes on to present the Joint Committee on Human Rights (JCHR) as part of the culture of compliance in which legislatures try to predict and pre-empt adverse judicial decisions. The proposals for reform include repealing Section 4 and amending Section 3 to make it clear that interpretation cannot include distorting the meaning of the statutory language. The JCHR could then operate more politically. More radically, the chapter also suggests that there should be provision for courts to adjourn particular cases of apparent injustices arising from legislation and refer them to a new body the ‘High Court of Parliament’ which would combine investigative and judicial methods to determine the matter and, if necessary, introduce an amendment to the offending legislation.
5 Dealing with Target Motion and Our Own Movement
Authors: Auletta Gennaro
Published: October 2011

The motor system shows that equivalence classes of motor acts are established in a hierarchical way. This implies the necessity to go further than a pure information acquisition or processing model.
14 Decisional, Emotional, and Cognitive Systems
Authors: Auletta Gennaro
Published: October 2011

Cerebral systems have proper procedures, which do not possess survival value (have no vital meaning). The concept of system turns out to be a sophistication of the notion of structure. As such a system does not need to be localized but can be distributed across several brain areas. Instead, functions (like behavior, learning, and memory) are (by definition) aimed at satisfying vital needs.
16 Learning
Authors: Auletta Gennaro
Published: October 2011

After some introductory remarks and an exposition of the general features of learning, associative and conditioned learning are introduced. Next, the difficult issue of learning casual relations is treated. Old mammals, like rodents, are already able to do that. The next step is the examination of learning through categories, especially focusing on primates’ understanding of analogies and whether they are able to treat categories as true models of the world.
The introduction of senses
Authors: Horty John
Published: October 2011

Gottlob Frege argued that a single, undifferentiated notion of semantic value would not do. Instead, he insisted that semantic value must be divided into two components and he distinguished them as “referents” and “senses”. This chapter reviews Frege's argument as he presents it in (1892b) and elsewhere and start on exploring some of its underlying complications. Two principles are illustrated to generate the conclusion that an expression's overall semantic content must be divided into distinct components: the principle of compositionality and the principle that contents determine information value.
Removal rules
Authors: Horty John
Published: October 2011

How the simple model of senses as procedures can handle two important issues presented is elaborated in this chapter. It begins by presenting the conflicts on the formation and semantic role of incomplete expressions. Frege's writing reflected two different perspectives of senses which are characterized as compositional and decompositional. These two perspectives adopted by Frege in his thinking about senses offer conflicting views concerning both the structure of senses and the relative epistemic priority of sentential senses and their parts. A verbal resolution to eliminate such conflict is presented in this chapter. This verbal resolution, through the two perspectives presented, is then applied in the semantic framework set out earlier in the book. Also included and analyzed in this chapter are defined expressions.
Syntactic and semantic options
Authors: Horty John
Published: October 2011

This chapter focuses on the semantics of complex, incomplete, and defined expressions. It aims to extend the ρ and σ functions, mapping expressions into their referents and senses, and then applying them to the syntactic outputs of the new removal rules. Also illustrated in this chapter are two reasons on how one can get away without assigning senses to complex incomplete or defined expressions. Furthermore, this chapter demonstrates how both complex incomplete and defined expressions must be able to appear as real constituents in complete expressions, with their senses appearing as constituents in the senses of any complete expressions that contain them.
Afterword
Authors: Horty John
Published: October 2011

This chapter begins by providing a brief summary of the topics discussed on the previous chapters. It then mentions a few remaining open issues about the matter and offers several directions on how the work presented here could be developed. Two specific issues are illustrated. The first issue is that the procedural model of senses presented in the second part of the book may have some independent interest and could be developed but it needs to be applied more broadly in order to justify the claim to its plausibility. The second issue is the importance of comprehending the tension between the treatments of defined expressions offered in the two parts of this book.
Microsatellite DNA reveals population genetic differentiation among sprat (Sprattus sprattus) sampled throughout the Northeast Atlantic, including Norwegian fjords
Authors: Glover Kevin A. , Skaala Øystein , Limborg Morten , Kvamme Cecilie , Torstensen Else
Published: October 2011

Glover, K. A., Skaala, Ø., Limborg, M., Kvamme, C., and Torstensen, E. Microsatellite DNA reveals population genetic differentiation among sprat (Sprattus sprattus) sampled throughout the Northeast Atlantic, including Norwegian fjords. – ICES Journal of Marine Science, 68: 2145–2151. Sprat (Sprattus sprattus), small pelagic shoaling fish, were sampled from the Celtic, North, and Baltic seas, and 10 Norwegian fjords. Significant overall genetic differentiation was observed among samples when analysed with eight microsatellite DNA loci (Global FST = 0.0065, p < 0.0001). The greatest genetic differences were observed between the Baltic and all other samples (largest pairwise FST = 0.043, p < 0.0001). No significant genetic differentiation was observed between a sample from the Celtic Sea (CEL) and the North Sea (NSEA; FST = 0.001, p = 0.16), but variable levels of genetic differentiation were observed among samples collected from Norwegian fjords (pairwise FST ranging from 0 to 0.0096, most non-significant). All fjord samples were significantly differentiated to NSEA and CEL samples. Further, all fjord samples displayed reduced allelic richness compared with NSEA and CEL samples. Clearly, sprat display population genetic differentiation throughout the Northeast Atlantic, and there may be limited connectivity between Norwegian fjord and sea-going populations.