bluuebunny/crossref_metadata_2025 huggingface dataset:
The EU Home and Home-Host Dilemma
Authors: Singh Dalvinder
Published: June 2020

This chapter analyses the issues from the perspective of home country control and host responsibilities, and the role of the ECB as a single supervisor to minimize the potential conflicts between home and host participating Member States. From a cross-border dimension, the use of consolidated supervision is traditionally the starting point to configure the relationship between home and host, and in the EU context it is clearly positioned on home country control. However, it is evident that there is a potential threat with the lack of reciprocity within the consolidated supervisory relationship. This is particularly acute for those supervising group subsidiaries where the criteria for cooperation is not as clear as it is for branches. It is argued that this can potentially lead to conflicting interests between the parent and the subsidiary since risks on either side may not be visible to each other. Supervisory colleges and recovery planning are principal mechanisms to form a consensus for group perspectives and host perspectives. However, the level of administrative discretion that exists within the current mechanisms can lead to home country bias. Since the ECB is in the shoes of the group consolidated supervisor, it will really need to demonstrate that it truly reflects both sides.
European Bank Insolvency and Liquidation Proceedings
Authors: Singh Dalvinder
Published: June 2020

This chapter assesses the link between insolvency and liquidation, focusing on the orderly protection of depositors. There are differences in approach to safeguard the public interest at the regional and domestic levels. The misalignment of domestic insolvency-liquidation law and depositor protection mandates is likely to lead to wider techniques being needed to effectuate an orderly insolvency-liquidation proceeding and payout to banks’ depositors. This means the competent authority, the resolution authority, and the management of the bank, or administrator-liquidator will need to coordinate their responsibilities through a court-based process during the timeframe of failing or likely to fail to achieve an orderly payout to depositors. The potential coordination risks would need to be factored into the process of a failing or likely-to-fail timeframe.
Introduction
Authors: Zglinski Jan
Published: June 2020

This introductory chapter sets out the themes of the book. Doctrines of judicial deference have begun to appear with growing regularity in the European Court of Justice’s free movement case law, especially in relation to Member State action. Their application has been controversial, which is unsurprising in light of the constitutional issues which deference raises: should judges intervene in the work of the legislators? How far can the EU restrict national autonomy? And what is the division of power between European and Member State courts? The chapter sketches the approach taken in the book and explains the empirical study on which the analysis is based. The idea of the ‘passive virtues’ is introduced and linked to the developments in EU free movement law.
The Rise of Deference
Authors: Zglinski Jan
Published: June 2020

This chapter presents a macro-level analysis of the phenomenon of judicial deference in free movement law. It focuses on two questions: how frequently does the European Court of Justice defer to national authorities? Has its intensity of review of Member State action changed over time? A systematic analysis of free movement jurisprudence reveals that deference to domestic institutions has increased since the 1970s, a development which challenges some common beliefs about the Court of Justice and free movement law. The chapter looks at possible reasons for this evolution, arguing that it is connected to broader legal, political, and institutional changes that have taken place in the EU.
Accountability for EU Peacebuilding Missions
Authors: Moser Carolyn
Published: June 2020

This chapter offers a brief introduction to accountability in the context of the EU’s peacebuilding activities. It first sketches out the institutional and operational scope of EU civilian crisis management (ie peacebuilding activities under the CSDP) and then unveils the central problématique of the book, namely that EU peacebuilding realities no longer correspond to the codified intergovernmental blueprint, so that missions take place in a Europeanized set-up. This de jure–de facto discrepancy, in turn, raises governance issues. From here, the chapter shows, based on insights from peacebuilding practice, that dysfunctional accountability arrangements are not an isolated phenomenon but constitute a common thread across EU civilian crisis management. It argues that the intricate Europeanized governance set-up of civilian CSDP facilitates an accountability deficit. Prior to outlining the structure of the book, the chapter explains how this interdisciplinary study of accountability in civilian CSDP enriches the existing corpus of academic literature.
The Mutual Judicial Influence of National Courts and the European Court of Justice through the Preliminary Rulings Mechanism
Authors: de Búrca Gráinne
Published: June 2020

Taking the moment of imminent UK exit from the European Union as an opportunity to reflect on the mutual influence of the Court of Justice of the European Union (CJEU) and the English courts, this chapter examines the 113 preliminary references made by the higher English courts over a 10-year period to investigate two related questions. These are: first, the extent to which the CJEU’s rulings have been implemented by the British courts, and second, the extent to which the interpretations proposed by the UK courts may have influenced the CJEU. On the first question, the chapter’s findings indicate that it is very difficult to assess the extent to which the preliminary rulings of the CJEU were implemented by the referring UK courts, given the remarkable lack of information available about what happens following a preliminary ruling of the Luxembourg Court. On the second question, the chapter’s findings suggest that in the substantial number of cases in which the British courts advanced a proposed interpretation of EU law, the CJEU adopted that interpretation in a majority of those cases. Hence, even though the CJEU has rarely acknowledged the influence of national referring courts on its rulings, the cases referred from the higher UK courts over the past decade suggest that instead of a one-way relationship in which British courts were subject to the overriding authority of the CJEU, there was a process of mutual influence in which the Luxembourg court more often than not adopted the interpretation of EU law proposed by the British court.
Legislating and Adjudicating
Authors: Sharpston Eleanor
Published: June 2020

The chapter examines the role played by the Court of Justice of the European Union (the CJEU) in ruling authoritatively on the meaning of European Union legislation. The EU legislative process differs from the parliamentary process in the United Kingdom for good reason. Within the European Union, there are many different traditions of how such drafting should be done; whilst, at EU level, multinationalism and multilingualism have a significant impact on what emerges as the final text. The chapter explains the difficulties encountered and gives illustrations from the Court’s case-law of instances where the Court has either decided not to take steps that might be construed as ‘legislating’ or, conversely, has gone to the limits of ‘constructive re-interpretation’. The chapter concludes by asking how far the Court should ‘bend’ a legislative text.
Challenges of Multilevel Constitutionalism
Authors: Saunders Cheryl
Published: June 2020

This chapter deals with multilevel government as one of the significant themes of Paul Craig’s work. Its focus is multilevel government within the state, defined to include a range of forms of significantly devolved government, of which federation is one. The chapter responds to the apparent paradox that while multilevel government is now widely regarded as a desirable feature of a system of government, for many good reasons that include its potential to deepen democracy, multilevel systems tend to become increasingly centralised over time, detracting from the advantages they offer. The chapter suggests that a partial explanation lies in prevailing conceptions of constitutionalism, almost all of which were developed by reference to the assumptions of a unitary state. It argues instead for a concept of constitutionalism adapted to the objectives and circumstances of multilevel government, in a compound form that might be described as multilevel constitutionalism. Multilevel constitutionalism would not dictate the degree of devolution but it would support its adoption and operation once in place. Implementation of multilevel constitutionalism in turn demands cultural change on the part of the principal actors, to give it practical effect. The chapter explores what this might require of political elites in pursuing intergovernmental arrangements, and of courts, interpreting and applying the governing constitution. It concludes with still tentative suggestions about the extent to which a suitably modified version of multilevel constitutionalism could apply above the level of the state, to regional and international arrangements.
A Hard Law Approach to States Systemic Violations of Article 2 of the Treaty of the European Union
Authors: Maduro Miguel Poiares , Queiroz Benedita Menezes
Published: June 2020

The rule of law is under threat in the European Union. Systemic violations of fundamental rights are affecting the rule of law, democracy, and judicial independence in some Member States and consequently the EU legal order. The level of interdependence between the Member States and the EU legal order is such that systemic violations of those principles in the Member States end up impacting on EU compliance with the same principles. Article 7 TEU did not prove, however, to be the most effective tool to face these problems due to its political nature. The EU’s intervention in the form of infringement actions to safeguard the rule of law at the national level may be a suitable action to address some these serious violations of fundamental rights. Despite of the earlier hesitation to take a bolder action in this regard, the EU Commission, after the Court of Justice’s recent decisions in Associação Sindical dos Juízes Portuguese and LM, brought infringement proceedings against Poland challenging this country reforms that put into question the independence of its judiciary. The Court established its power of judicial review over the rule of law in the Member States in C-619/18 Commission v Poland. Ultimately, this decision highlighted the role of EU law in safeguarding the rule of law in its Member States, but more importantly in safeguarding the rule of law in the EU legal order as a whole.
The Bayesian Model
Authors: Sturgeon Scott
Published: June 2020

Chapter 2 introduces the Bayesian Model of rational credence. The mathematical properties of classic probability are explained—their linearity, cardinality, and so on—as well as the use of probability functions to model mental states. A game with balls is created and diagrammed to make visually vivid how probability works. Venn diagrams and truth-tables are used to illustrate everything for the absolute beginner. Conditional Credence is explained with intuitive examples, and the standard ratio formula is introduced. A game with marbles is then created and diagrammed to pump intuition about change of probability, which leads directly to Jeffrey-style kinematics. The chapter closes by describing a notionally possible agent, Creda, whose psychology matches the Bayesian Model.
Critical Discussion of the Belief Model
Authors: Sturgeon Scott
Published: June 2020

Chapter 6 argues that most of the reductive assumptions put forward by the Belief Model are wrong. It rejects the view that suspended judgement is nothing but the absence of belief and disbelief, and likewise rejects the view that disbelief is nothing but belief-in-negation. Thought experiments demonstrate that all three types of coarse-grained attitude are self-standing elements of our rational architecture. It is shown that norms for belief put forward by the Belief Model do not morph automatically into norms for disbelief or suspended judgement. Then it is shown that the model’s main transition rule does not function at all like rational shift of belief in ordinary life.
Conditional Commitment and the Ramsey Test
Authors: Sturgeon Scott
Published: June 2020

Chapter 7 is a critical discussion of conditional commitment in both the Bayesian and the Belief model. Both use their treatment of conditional commitment as something to connect their theory of states with their respective transition theory. In doing so both models are immediately hit with technical difficulties. The Belief Model generates the ‘impossibility theorem’ first proved by Peter Gärdenfors, and the Bayesian model generates ‘triviality results’ first proved by David Lewis. Each of these technical areas is explained from scratch and diagnosed philosophically. It is argued that the bombshells discussed are best seen as showing that the Binary-Attitude Assumption is false when it comes to conditional commitment, and that there is no essential tie between conditional commitment and rational shift-in-view. Throughout the discussion the 3-place theory of conditionality is related back to Chapter 4’s restricted-vision approach to conditionality.
Belief-First Epistemology
Authors: Sturgeon Scott
Published: June 2020

Chapter 9 discusses two strategies for reducing credence to belief. One grounds credence in the transition of belief, the other grounds credence in the content of belief. Since the former elides the important distinction between being in a state and changing a state, the view is rejected. It is argued, though, that the latter strategy is more robust than one might suppose, e.g. the view makes good sense of reasoning with states of credence. But in clarifying its explanatory resources, the view must either reference the signature function of credence or fail to do so. In the former case the approach fails to reduce credence to belief after all. In the latter case the approach entails that credal states do not function normally. The strength-as-content view also conflicts with the manner in which belief and credence march-in-step when producing action.
Credence-First Epistemology
Authors: Sturgeon Scott
Published: June 2020

Chapter 10 discusses the credence-first approach to coarse-grained attitudes. It is explained how the view underwrites a robust realism about the attitudes and why it bolsters the view that belief, disbelief, and suspended judgement are self-standing states. It is explained how credence-first epistemology dovetails with how we ordinarily describe coarse- and fine-grained attitudes and how it makes good sense of ways in which coarse- and fine-grained attitudes march-in-step in their production and rationalization of action. Further, it is explained how credence-first epistemology fits with our use of reductio-based arguments. So it’s argued that there is something deeply right in the credence-first approach. But the chapter closes with a pair of problems for the approach: credence is very often absent in the presence of coarse-grained attitudes—as a matter of descriptive fact—and credence is very often misplaced in the presence of everyday evidence—as a matter of normative fact.
Force-Based Confidence at Work
Authors: Sturgeon Scott
Published: June 2020

Chapter 12 puts the force-based view to systematic explanatory work. The so-called ‘dilation’ of probability sets is explained from scratch and placed within a larger theoretical setting. Systematic and puzzling patterns of intuition about the acceptability of the representor-based model’s consequences are unearthed. It is shown that the force-based view of confidence explains the intuitions, as well as those surrounding a new type of counter-example to the representor approach. The full story exposes deep links between the force-based metaphysics of confidence and three big issues: the forward-looking nature of transition theory, the manner in which confidence should match the character of one’s evidence, and the situations in which confidence is subject to content-based accuracy. It is shown that each of these topics can be handled gracefully by the force-based view.
Friedrich Kittler’s Alphabetic Realism
Authors: Heilmann Till A.
Published: June 2020

Friedrich Kittler’s late studies on the Greek alphabet reveal a surprising fact about his work: Although he is commonly called the father of German media theory, Kittler actually advocated a realist concept of mediacy that privileges the representational qualities of media. Such a concept is fundamentally at odds with the basic assumption of all media theory—namely, the notion that media do not simply represent reality but shape or even constitute it in the process of mediation. The chapter traces the evolution of Kittler’s thinking of media to show how the Greek alphabet came to be the ‘perfect’ medium in Kittler’s historical and theoretical framework and how Pre-Socratic Greece serves as the imaginary setting for Kittler’s idea of immediate sensation and communication, a ‘direct’ contact with or access to reality.
The Fable of Arachne
Authors: Harrasser Karin , Michelakis Pantelis
Published: June 2020

This chapter explores the experimental and precarious character of the sense of touch in philosophy (Aristotle, the mystics, enlightenment philosophers), in artistic practice (Diego Velázquez) and in the physiological–anthropological discourse of the nineteenth and twentieth centuries (Lotze, Katz). It argues for a praxeological and media–ecological re-evaluation of the European philosophical discourse on tactility and against essentializing understandings of the sense of touch in order to rediscover one of its classic roots: the sense of touch as a medium of subtlety, as the basis of the capacity for aesthetic differentiation that bridges cognition and sensuousness and opens the psyche for new experiences.
The Shards of Zadar
Authors: Meurer Ulrich
Published: June 2020

By ‘unearthing’ artefacts from folded layers of time, media archaeology undermines linear historical discourse: in this regard, this chapter addresses an exemplary art-based project on the origins of cinema that takes the epistemological metaphor of ‘excavation’ at its word. In 2011, the Canadian artist Henry Jesionka discovers several ancient bronze and glass objects on a Croatian beach, dates the pieces to the first century CE, and identifies them as components of an intricate Graeco-Roman mechanism for the projection of moving images. This rewriting of media history not only illustrates how traits of materiality and contingency interfere with teleological history; it also reflects on industrial capitalism’s paradox claims of ‘reason’ and the ideological presuppositions of progress: Cornelius Castoriadis’s notion of a merely simulated Rationality of Capitalism (1997) suggests that traditional narratives of technological invention are invariably organized around a clandestine and insufficiently repressed nucleus of the unforeseen, unpredictable, and irrational. By admitting to a similar element of chance or lost control, Jesionka’s Ancient Cinema project and new founding myth of cinema comment on the logic of media archaeology as an expression of late capitalism’s waning belief in its own rationale.
Parrhasius’ Curtain, or, a Media Archaeology of a Metapainting
Authors: Crowley Patrick R.
Published: June 2020

This chapter explores the media–archaeological foundations of trompe l’oeil painting in antiquity, specifically the famous contest between the Greek painters Zeuxis and Parrhasius as recounted by Pliny the Elder. The anecdote is well known: whereas Zeuxis had painted a picture of grapes that deceived the birds who flew up to peck at them, Parrhasius won the palm for deceiving his rival with a painting of a curtain that compelled Zeuxis to ask that it be raised and the picture shown for his appraisal. Modern accounts and even depictions of the contest have universally taken for granted the formal realism of this painting, its extreme illusionism, as the catalyst of its deceptive power. By contrast, this chapter examines Parrhasius’ curtain from a media–theoretical perspective, which considers the order of representation in relation to the experience of beholders in real space. In short, it argues that the success of Parrhasius’ picture had less to do with its technical virtuosity than its shrewd understanding of how to produce the conditions for depictive and bodily co-presence.
The Disposition of Movable Cultural Heritage
Authors: Gerstenblith Patty
Published: June 2020

Recent conflicts throughout the Middle East and North Africa illustrate that the bifurcation in the international legal regime between those instruments that apply to armed conflict and those that apply to the movement of cultural objects, primarily during peacetime, has severely hampered our ability to protect archaeological sites from looting and has necessitated several sui generis legal instruments, including three UN Security Council resolutions. In addition, questions sometimes arise as to whom and to where cultural objects should be returned following situations of armed conflict and occupation, highlighting a tension between territorial principles that determine a sovereign State’s authority over cultural objects found within its territory and the strong cultural connection that links minority or excluded groups with disputed heritage objects. This chapter thereby points out two areas in which intersections are lacking—the intersection between instruments that regulate armed conflict and those that regulate international movement of cultural objects, and the intersection between cultural heritage law and human rights law. The chapter proposes that if these disparate sources of law could be integrated, more effective protection could be given to cultural heritage during armed conflict and there would be movement toward harmonization of rights of minority groups to cultural heritage and of States within the framework of international law.
Developments Concerning Immunity from Seizure for Cultural State Property on Loan
Authors: van Woudenberg Nout
Published: June 2020

This chapter examines recent developments supporting a recently emerging rule of customary international law that cultural objects belonging to foreign States and on temporary loan for an exhibition are immune from seizure. It assesses, in particular, the 2004 UN Convention on Jurisdictional Immunities of States and Their Property, a declaration on jurisdictional immunities of State-owned cultural property in the Committee of Legal Advisers on Public International Law of the Council of Europe, a Draft Convention by the International Law Association on immunity from suit and seizure for all cultural property on loan, as well as legal developments in the United States, Europe, and Australia. These developments strengthen the existence of the rule of customary international law on immunity from seizure for cultural State property on loan, though they also confirm certain exceptions to that rule, namely that the rule does not extend to those cultural objects which have been the subject of a serious breach of an obligation arising under a peremptory norm of general international law, or which are already subject to return obligations under international or European law.
Nationalism Versus Internationalism
Authors: Peters Robert
Published: June 2020

Within the debate of nationalism versus internationalism, this chapter describes the development of international cultural heritage law, analyzes the notions and concepts used in this context, and highlights the existing shortcomings and loopholes in national and international legal frameworks in this field. First, the chapter explores the concept of a World Heritage Trust, and argues that the procedure used to designate World Heritage sites has become a national contest between States to obtain as many designations as possible, rather than the international and non-partisan procedure intended. Second, the chapter addresses the issue of trafficking in movable cultural heritage, by arguing that an exclusive focus on patrimony and national export laws (nationalism) is unidimensional and insufficient to protect movable cultural heritage from trafficking. In contrast, the mutual recognition of export laws through export and import regulations is a much more comprehensive and truly international approach (internationalism). In view of recent developments at the national level in Germany, as well as at EU level, the chapter demonstrates coordination between export and import regulations is necessary to protect cultural heritage against destruction and trafficking.
The Non-existence of Foundational Truths
Authors: Westerhoff Jan
Published: June 2020

This chapter discusses problems that arise from the assumption that there is a final, ultimately true theory of the world and considers a variety of arguments (connected with the coherence theory of truth, semantic contextualism, and the denial of absolutely general quantification) against it. From this it follows that if there cannot be an ultimately true theory then it also cannot be ultimately true that the world has a non-wellfounded structure. This leaves us with a problem, for it appears as if the theory of the non-existence of the real world we defend in the book as a whole cannot be a final theory either. The chapter closes with a discussion of this final problem, together with some reflections on what the implications of the denial of ultimately true theories are for the ontological or philosophical enterprise more generally.
The Right to Erasure in Practice
Authors: Ausloos Jef
Published: June 2020

This final chapter takes a practical approach, looking at challenges to accommodating the right to erasure and how to resolve them. Indeed, assuming the right to erasure applies (see Part I), and that a fair balance can be drawn (see Part II), the right still needs to be operationalized on the ground. This chapter roughly has two main parts. The first one identifies and evaluates the key hurdles to operationalizing data subject empowerment in the information society services context. This is done by pinpointing complexities, describing the results of empirical research testing data subject rights, and a critical appraisal of potential abuses of the right to erasure. It is concluded that in practice, the right to object will often be much more realistic and effective in empowering data subjects. Secondly, the chapter lists the key requirements for effective data subject empowerment. It does so by building on all the previous chapters and the practical evaluation in the previous section. Effectuating data empowerment—and the fundamental right to data protection (Art 8 Charter)—does not solely hinge on the GDPR, but requires a holistic approach considering other legal frameworks as well. Technical tools and reshuffled incentive structures for dominant market players will also prove fundamental in rendering data empowerment effective.
Past Encounters
Authors: Phillips Tom
Published: June 2020

Examining episodes such as the Argonauts’ catching sight of the eagle that tortures Prometheus, the description of the shepherd Dipsacus, the rituals in which the Argonauts participate, the argument and reconciliation between Jason and Telamon, and the Argonauts’ meeting with the Hesperides, Chapter 3 argues that the Argonautica brings about shifts in the understanding of reading as an ethical act that are closely connected to readers’ temporal situation. In order to grasp the significance of these encounters, readers need to project themselves into the world of the poem in a manner that entails a displacement, and consequently a heightened awareness, of their interpretative habits and acculturation.
Conclusion
Authors: Phillips Tom
Published: June 2020

The Conclusion situates the significance of the Argonautica’s handling of time in relation to a strand of the philosophical tradition, represented by Gorgias, in which humanity’s temporal implication is a source of cognitive frailty. While the Argonautica presents its readers with a world that resists being grasped in simple conceptualizations and repeatedly highlights the limits of forethought, it also offers readers the possibility of an enhanced self-understanding by opening to scrutiny the means by which readers situate themselves in history.
Monks, Manuscripts, Muhammad, and Digital Editions of the New Testament
Authors: Allen Garrick V.
Published: June 2020

This chapter explores a less systematic, but still consequential paratextual tradition: marginal comments on the identity of the beast with the number 666 (Rev 13:18). These comments are largely drawn from Greek commentary traditions, but also from anti-Islamic sentiments, some of which is found in late Byzantine commentaries. The relevance of this material is obscured by its inaccessibility, making it necessary to conceive of ways to represent this material in emerging digital editions. The production of digital editions opens unexpected critical avenues when they integrate a critically constructed text with access to the material artefacts.
The Civil Online Court in England
Authors: Briggs Michael
Published: June 2020

This chapter traces the history of the development of the civil online court, from its origins in reports from the Civil Justice Council and Justice, from overseas trailblazers such as Rechtwijzer in the Netherlands and the Civil Resolution Tribunal in British Columbia, to its adoption by the Court Service’s Reform Programme. It argues that if the key elements of automated triage and discontinuous online communication are designed and rolled out successfully then, with suitable entirely new procedure rules, the online court should be able to play a critical role in enabling litigants to bring and defend small civil claims, with limited assistance from lawyers, at a cost which is not, as at present, wholly disproportionate to the value at risk. The early public testing of the first stage of the online court suggests that it is well on the way to fulfilling that ambition. The chapter also describes some of the risks and challenges facing the online court, such as the need for assistance for those who find digital working challenging, the need to maintain open justice, and the need for lawyers to change their working practices by unbundling so as to be able to make the focused contribution to the process, by early bespoke advice on the merits and advocacy skills in the few cases which need a traditional trial.
Does Procedural Mean Trans-substantive? A Historical and Normative Analysis of English Civil Procedure Rules
Authors: Crifo Carla
Published: June 2020

One of the outcomes of the Judicature Acts’ reforms of English civil litigation in the nineteenth century was the separation of ‘substance’ from ‘procedure’, by introducing rules of court that were expected to apply trans-substantively, in contrast to the previous forms of action. This was not an express central aim of the reformers, who may also have been influenced by the then concurrent creation of the American system of federal courts and their civil procedure. The chapter identifies the historical, philosophical, and ideological buttresses of the trans-substantive nature of procedural rules in the English legal system, and how trans-substantivity itself differs from the cognate values of generality and uniformity. It then explores whether any one of these concepts is still used, or useful, in English civil procedure.
Reciprocity and Just Conduct in War
Authors: Renic Neil C.
Published: June 2020

This chapter locates the role of reciprocal risk within the Just War Tradition. This begins with the ‘conventionalist’ account of the moral right to kill. The chapter then considers the most recent challenge to this position in the form of Just War ‘revisionism’. Following this, it will examine the more consequentialist approach of ‘contractarianism’. The chapter will demonstrate that within all three of these approaches, an assumption of war as a site of reciprocal structural risk plays an essential role in the permissiveness of inter-combatant violence. The chapter then explores the tension between the coherence of these justifications and conditions of radical asymmetry.
Dualism
Authors: Eleftheriadis Pavlos
Published: June 2020

This chapter discusses the general relationship of EU law with domestic law. The positivist account of law produces two paradoxical accounts of EU law. The first account is the theory of European ‘monism’, supposing that the EU is the foundation of all law in the member states. The second is ‘radical pluralism’ which says that there are no legal rules applying to the relations between EU law and domestic law. They are both mistaken, because they are both based on a picture of law as a hierarchy or ‘system’ of rules created by a formal doctrine of legal validity. Under the positivist view, inspired by Kelsen and Hart, all legal ‘systems’ must compete for supremacy of their ‘basic norm’ or ‘rule of recognition’. In this sense EU law must compete with domestic law. Legal positivism is false and must be rejected. Dualism, by contrast, relies on the rival theory of law which says that law is a matter of substantive moral judgment. It has no need for a single ‘ultimate’ rule or fact at its foundation. In this analysis, domestic law and international law do not compete because they apply to distinct political questions. The first is an answer to the problems of jurisdiction and the second is the answer to the relations among states. Dualism is the best legal interpretation of the relations between EU law and domestic law.
Accountability
Authors: Eleftheriadis Pavlos
Published: June 2020

Accountability is the most fundamental principle of the European Union. By offering practical assurance that agreements will be enforced, that the Union’s institutions will not go beyond their enumerated powers and the division of competences will be respected by all, the Union’s legal framework makes long-term multilateral cooperation possible. However, the European Union does not follow the pattern of accountability through the separation of powers in the way of a federal state. The distinction between the legislature, the executive, and the judiciary does not work in the same way because of the role played by the member states. Many important decisions are made by the states’ institutions, not the Union’s institutions. The institutional architecture of the European Union is thus unfamiliar. It is impossible to compare it to that of a constitution. The European Union is divided between the institutions of the EU and the institutions of the member states. The fragmentation of accountability in the European Union among the EU’s institutions and the various member states (in various combinations, e.g. the members of the Eurozone) is a principled position. It does not mean that the relations between the states and the Union are unregulated or merely transactional.
Fairness
Authors: Eleftheriadis Pavlos
Published: June 2020

This chapter argues that fairness is a fundamental principle of the EU treaties. It means that under the EU treaties obligations of solidarity from one state to another are real. Their rationale, however, is not one of fair distribution. States may seek redress for unfairness on the basis of a conception of corrective, not distributive justice. Solidarity in the European Union is a matter of bilateral corrective justice, which informs the established treaties and gives them meaning. This is not just a moral interpretation, but also a legal interpretation, manifested not only in the practice of the member states but also in the judgments of the Court of Justice. Fairness, understood as justice in cooperation, is the third fundamental principle of the European Union as a Union of Peoples.
An Unfair Union?
Authors: Eleftheriadis Pavlos
Published: June 2020

Is the Eurozone fair? Since the member states jointly created a structurally flawed Eurozone, they remain jointly responsible for the asymmetric risks they created for the disadvantaged members. When the crisis caused important economic and social losses to the disadvantaged states, all the other states as a whole had a moral obligation to provide redress. The financial assistance programmes can be reasonably seen as the expression of a new form of solidarity generated by European integration and based on the idea of justice in cooperation. This kind of solidarity, however, is transnational, not constitutional and has its origins in corrective, not distributive justice. It is the result of states cooperating, not of citizens setting up common political institutions.
Wave Theory
Authors: Zubairy M. Suhail
Published: June 2020

One of the earliest and most important tenets of quantum mechanics is the wave-particle duality: light behaves sometimes like a wave and at other times as particle and similarly an electron can also behave both like a particle and as a wave. When the formal laws of quantum mechanics are formulated, the central quantity that describes the particles is the wave function. This points to the need for a good understanding of the properties of the waves. This chapter introduces the concepts and most essential applications that are required to follow the discussion of quantum mechanical laws and systems. The basic characteristics of the waves, such as the superposition principle are presented, and the interference and the diffraction phenomena are discussed. The Young’s double slit experiment in analysed and the formation of interference pattern is explicitly shown. The Rayleigh criterion for the microscopic resolution is also derived.
No-cloning Theorem and Quantum Copying
Authors: Zubairy M. Suhail
Published: June 2020

Heisenberg’s uncertainty relation and Bohr’s principle of complementarity form the foundations of quantum mechanics. If these are violated then the edifice of quantum mechanics can come crashing down. In this chapter, it is shown how cloning or perfect copying of a quantum state can potentially lead to a violation of these sacred principles. A no-cloning theorem is proven showing that the cloning of an arbitrary quantum state is not allowed. The foundation of quantum mechanics is therefore protected. It is also shown how quantum cloning can lead to superluminal communication. It is also discussed that, if making a perfect copy of a quantum state is forbidden, how best a copy of a state can be made.
Quantum Secure Communication
Authors: Zubairy M. Suhail
Published: June 2020

Cryptography is a method of secure communication between two or more parties. The crucial step is exchanging a key in a secure manner. There are, however, two problems with conventional cryptography. First the sender and the receiver should exchange the key through highly reliable and secure channels. The second problem is that a clever eavesdropper can, by a careful analysis of the sent information, reconstruct the key. In this chapter, schemes to overcome these problems are presented. First a scheme for exchanging a key over public channels, the so-called RSA algorithm, is discussed. Then the protocols for the quantum key distribution (QKD), the Bennett–Brassard-84 (BB-84) and Bennett-92(B-92) protocols, are then presented. The QKD protocols are exclusively derived using Bohr’s principle of complementarity. An application of these ideas to the design of secure quantum money is discussed.
Optical Communication with Invisible Photons
Authors: Zubairy M. Suhail
Published: June 2020

It has always been a self-evident and obvious feature of any kind of communication that there should be an exchange of objects like photons or electrons between the sender and the receiver to convey any information. In this chapter a protocol is presented in which information is transmitted between a sender and receiver with no particles in the transmission channel. The basic building block of this counterfactual communication protocol, the Mach–Zehnder interferometer, is discussed. The concept of interaction-free measurement is also introduced.
The Schrödinger Equation
Authors: Zubairy M. Suhail
Published: June 2020

In this chapter, the Schrödinger equation is “derived” for particles that can be described by de Broglie waves. The Schrödinger equation is very different from the corresponding equation of motion in classical mechanics. In order to illustrate the fundamental differences between the two theories, one of the simplest problems of particle dynamics is solved in both Newtonian and quantum mechanics. This simple example also helps to show that quantum mechanics is the fundamental theory and classical mechanics is an approximation, a remarkably good approximation, when considering macroscopic objects. The solution of the Schrödinger equation is presented for a particle inside a box and the quantization condition is derived. The amazing possibility of quantum tunneling when a particle is incident on a barrier of height larger than the energy of the incident particle is also discussed. Finally the three-dimensional Schrödinger equation is solved for the hydrogen atom.
Introduction
Authors: Strøjer Madsen Erik , Gammelgaard Jens , Hobdari Bersant
Published: June 2020

Institutions and ownership play a central role in the transformation and development of the beer market and the brewing industry. Institutions set the external environment of the brewery through both formal requirements and the informal acceptance of these companies’ operations by the public, whereas the owners and their managers adapt to these external challenges but also follow their own agenda in setting up strategies for innovation, marketing, takeovers, and so on. The thirteen chapters in this book cover changes in a range of areas, such as excise tax, zoning regulation, trade liberalization, consumers’ habits and tastes for beer, and sales regulation of alcohol. Breweries’ responses have included a craft beer revolution with a surge in demand for special flowered hops, a globalization strategy from the macrobreweries, outsourcing by contract brewing, and knowledge exchange for small-sized breweries, among others.
Beer Brands from the Perspective of Young Consumers in Croatia, with an Emphasis on Gender Differences
Authors: Knezevic Blazenka , Skrobot Petra , Delic Mia
Published: June 2020

New trends in beer markets across Europe bring new challenges to beer brand management. As brand equity is an outcome of consumers’ perceptions of a certain brand, it is necessary to investigate how consumers perceive brands in various industries. The chapter tackles this topic from the perspective of younger adults in Croatia in 2019, by putting into focus gender differences in attitudes toward beer brands in retail purchasing. The presented findings indicate that for both young males and females, quality, taste, and continuous availability are important aspects of beer brands. The packaging, label design, and social aspects of a brand are more influential on females than on males. The chapter contributes to better understanding of brand management issues when approaching younger consumers. In addition, observed gender differences enable beer brand managers to fit their approach to narrow niches within the population of young consumers.
The “largest beer bottler in the world”
Authors: Turner David
Published: June 2020

In 1914, the London brewer Whitbread & Co. claimed it was the “largest beer bottler in the world.” Arguably it was, it having a network of more than forty bottling depots and stores in Britain and Belgium, with a dozen bottles available anywhere in Britain for 2/6. This chapter shows how Whitbread’s market-leading position in the bottled beer segment between 1869 and 1914 was dependent on various factors. The company’s message about the purity and quality of bottled beer remained steadfast throughout the period; it also invested in production and, as the business grew, a system of management. Most significantly, integration into distribution and the creation of the bottling network reduced the risk of adulteration by controlling the product from brewery to retailer, allowed it to be responsive to changes in demand, and reduced costs. Consequently, Whitbread’s beer was consistent in all respects: in purity, quality, availability, and price.
Industry Concentration and the Entry of Craft Producers into the Global Beer Market
Authors: Garavaglia Christian , Swinnen Johan
Published: June 2020

This chapter documents and explains the transformation of the beer industry through the rise and success of craft breweries over the past three decades, providing key insights that derive from a comparative analysis in various countries. The advent of craft breweries ended a century of consolidation of breweries, resulting in the domination of a few global multinationals, and the homogenization of beer. In those countries where the degree of industry concentration was lower in the late twentieth century and the number of breweries per capita was higher, the manifestation of craft brewing occurred later. The homogenization of the traditional beers, and changes in consumer preferences, played a key role in the advent of craft beer. In addition, peer effects and government regulations contributed in sustaining the diffusion of craft brewing. An important part of the discussion focuses on the role of governments that have influenced the craft beer market through regulations. The chapter concludes with the analysis of the reaction of the macrobrewers to the growth of the craft breweries. Initially, macrobreweries did not strategically react as long as the craft breweries were considered too small to represent a real threat. However, the beer produced by craft breweries soon started to gain a larger market share. Hence, macrobrewers responded to the growth in craft beers in several ways: producing a craft-style beer themselves, directly entering the craft beer market through acquisitions, and through distribution limitations tactics.
Corporate Governance and Internationalization in Japanese Brewing Companies
Authors: Kitayama Kanako , Williams Christopher , Takeshita Seijiro
Published: June 2020

This study explores the relationship between Japanese corporate governance and internationalization strategy by looking at the cases of Suntory and Kirin Breweries. It examines the internationalization activities of the two companies from 1980 to 2015. We find that executing an international strategy can impact the corporate governance of Japanese brewers, especially where the brewer already had pre-existing diversity in its management system. We argue that absorptive capacity allows the brewing company to transform its corporate governance on the basis of its internationalization. Our analysis also suggests that rejuvenation of the firms’ corporate management system can be a motive for expanding abroad in the brewing sector, something that has not been identified in prior research.
Data and methods
Authors: Mauk Marlene
Published: June 2020

This chapter prepares the empirical analysis by approaching the key methodological issues associated with a global comparison of regime support and its individual- and system-level sources in democracies and autocracies. It presents the study’s case selection, regime classification, and research strategy. Drawing on survey data from six cross-national survey projects and macro data from various sources, it introduces the data employed in the empirical analysis. The chapter continues to describe the operationalization of the main variables and explicates how regime support can be measured in a comparable way across regime types as institutional confidence in government, parliament, police, and army. Finally, it discusses the validity of the data in light of the challenges associated with conducting survey research in autocracies.