bluuebunny/crossref_metadata_2025 huggingface dataset:
Yemen and the World
Authors: Bonnefoy Laurent
Published: February 2019

Contemporary Yemen has an image-problem. It has long fascinated travelers and artists, and to many the country embodies both Arab and Muslim authenticity; it stands at important geostrategic and commercial crossroads. Yet, strangely, Yemen is globally perceived as somehow both marginal and passive, while also being dangerous and problematic. The Saudi offensive launched in 2015 has made Yemen a victim of regional power struggles, while the global “war on terror” has labelled it a threat to international security. This perception has had disastrous effects without generating real interest in the country or its people. On the contrary, Yemen's complex political dynamics have been largely ignored by international observers--resulting in problematic, if not counterproductive, international policies. Yemen and the World aims at correcting these misconceptions and omissions, putting aside the nature of the world's interest in Yemen to focus on Yemen's role on the global stage. Laurent Bonnefoy uses six areas of modern international exchange--globalization, diplomacy, trade, migration, culture and militant Islamism--to restore Yemen to its place at the heart of contemporary affairs. To understand Yemen, he argues, is to understand the Middle East as a whole.
The Yemeni State’s Many Divisions
Authors: Bonnefoy Laurent
Published: February 2019

Among the various challenges Yemen has to face, the fragmentation of its state throughout history and in its contemporary form, has deep implications. This second chapter examines how the contested legitimacy of the various Yemeni governments has shaped its international relations. A divided history has facilitated the domination of two actors: the United States on the one hand, Saudi Arabia on the other, which have both impeded in their own way on the capacity of the central state to monopolize power and violence. During the Cold War, in the frame of the unification process and then later during the so-called ‘Yemeni Spring’ and the war waged by the Arab coalition against the Huthi movement since 2015, such a division is an interesting, and yet often neglected variable, to understand the Middle East and international relations.
The Challenge of Armed Islamism
Authors: Bonnefoy Laurent
Published: February 2019

The issue of armed Islamism, embodied in Yemen by al-Qaida, since the late 1990s, has structured much of the interactions between this country and the world. The threat of so-called jihadi movements has to a large extent concealed other forms of violence. It’s ill-management by both the Yemeni state and foreign, in particular American, decision makers has only led to the legitimization of armed groups and to a development of violence. In particular, drone attacks have had a largely counter-productive effect.
The Narrative of Uyghur Terrorism and the Self-Fulfilling Prophecy of Uyghur Militancy
Authors: Roberts Sean
Published: February 2019

This chapter provides a history of how Uyghur terrorism evolved out of a long-standing conflict between Uyghurs and states based in China through a combination of PRC policies to stifle dissent in Xinjiang and the state’s opportunistic use of the U.S.-led “global war on terrorism”. It critically analyses existing sources on the origins and evolution of two Uyghur militant organizations, the “East Turkestan Islamic Movement” (ETIM) and “Turkestan Islamic Party” (TIP), that China holds responsible for acts of terrorism in Xinjiang and argues that the Chinese government has grossly over-exaggerating the capacity of these groups in order to brand and suppress Uyghur dissent at home. By using the threat of ETIM and TIP to target all religiously inclined Uyghurs as potential terrorists, however, it has enabled a self-fulfilling prophecy of Uyghur radicalization and militancy.
Uyghur Terrorism in a Fractured Middle East
Authors: Pantucci Raffaello
Published: February 2019

This chapter explores the relationship between Uyghur terrorism and the current wave of Islamist-inspired terrorism roiling the Middle East. In particular, it tracks the evolution of the ideological and operational impacts of Middle Eastern jihadist terrorism on Uyghur terrorism. The chapter does so through an exploration of the historical links between Middle Eastern jihadis and Uyghurs and the links between Uyghur extremists, such as the “Turkestan Islamic Party” (TIP) and the current conflicts in Syria and Iraq. It argues that the current fractured Middle East has created an environment in which Uyghur militancy and jihadism has not only thrived but provided conditions for the strengthening of TIP’s connection to al Qaeda’s core. The chapter concludes that that the terrorist threat to China may escalate further due to the fact of growing footprint of Chinese nationals and interests around the world and Uyghur militants’ linkages across the global jihadist community.
Uyghur Cross-Border Movement into South East Asia
Authors: Yee Stefanie Kam Li
Published: February 2019

This chapter provides an analysis of the factors that have driven recent trans-migration of Uyghurs through Southeast Asia and explores potential linkages to terrorism. It argues that the trans-migration of Uyghurs via Southeast Asia cannot be isolated from the larger social resistance of Uyghurs in Xinjiang against Han Chinese rule. China’s harder line in Xinjiang under the leadership of President Xi Jinping, in particular, have left many Uyghurs with choices that are either to migrate, to abandon their culture and religious identity in favor of a homogenous Chinese identity, or to give expression to their identity either through violent or non-violent resistance. This situation has provided not only the impetus for thousands of Uyghurs to migrate but also the opportunity for the intersection of Uyghur aspirations with the global forces of Islamist radicalism.
Politicians and Prophets
Authors: Hoekema David A.
Published: February 2019

Yoweri Museveni, who took power in a military coup, has subsequently been elected seven times as president, defying constitutional limits. During his four decades in office two rebellions arose in northern Uganda, motivated both by ethnic and regional conflict and by leaders’ claims of spiritual authority: Alice Lakwena’s short-lived Holy Spirit Movement and Joseph Kony’s far more enduring, and far more destructive, Lord’s Resistance Army. This chapter recounts the rise of these movements, the reasons for their success, the effects on the region of LRA dominance, and some international entanglements that impeded resolution of the conflict.
Conflict, Displacement, and Interfaith Activism
Authors: Hoekema David A.
Published: February 2019

The Acholi Religious Leaders’ Peace Initiative was formed in the late 1990s, when courageous leaders of Protestant, Catholic, and Muslim communities set their differences aside to help their communities cope with LRA occupation. An initial goal was passage of an amnesty law, inspired in part by post-apartheid reconciliation efforts in South Africa, that would encourage rebel soldiers to return to their communities without fear of imprisonment, or worse. Two other important developments followed: forced relocation of most rural residents from their villages to overcrowded internal displacement camps, where they were confined for a decade or more; and nighttime movements of children still living in rural villages to the school grounds and churchyards of the towns, where they would be safe from nighttime raids. Religious leaders joined the “night commuters” to sleep in their courtyards, and this development at last brought wider attention to the suffering caused by the LRA conflict.
Peace with the Planet
Authors: Goedde Petra
Published: February 2019

This chapter traces the coalescence between pacifist and environmental concerns around the issue of nuclear weapons testing in the 1950s and early 1960s in the West. Scientists, health professionals, educators, and middle-class families grew increasingly concerned about the health hazards of fallout from nuclear testing. They built a grassroots movement that transcended the traditional Cold War divisions and ignored political warnings about the need for nuclear deterrence against the communist threat. Clean soil, clean air, and clean food, as well as the health of current and future generations of children, were at stake, making the cost of defense against an abstract communist enemy too high a price to pay for many. The struggle for peace thus expanded from political-ideological to the medical-environmental realm.
Conclusion
Authors: Goedde Petra
Published: February 2019

The conclusion reformulates the central question of the book, how a politics of peace became a major international current in the early 1970s. It briefly summaries the findings of the previous chapters, tracing the trajectory of the international discourse on peace from the idealism of transnational peace advocacy groups to the practical pragmatism in the highest echelons of power politics. It reiterates the central thesis that peace, while on the surface a disarmingly simple and direct notion, became a major political weapon in the Cold War battles between the two superpowers, as well as between grassroots peace activists and political leaders. Nongovernmental peace advocates eventually succeeded in convincing political leaders of the benefits of peaceful cooperation, but along the way they lost the support of grassroots activists, who became highly polarized, and whose more radical wings turned toward violence by the end of the 1960s.
Single-Molecule Studies of Nucleic Acids and Their Proteins
Authors: Bensimon David , Croquette Vincent , Allemand Jean-François , Michalet Xavier , Strick Terence
Published: February 2019

This book presents a comprehensive overview of the foundations of single-molecule studies, based on manipulation of the molecules and observation of these with fluorescent probes. It first discusses the forces present at the single-molecule scale, the methods to manipulate them, and their pros and cons. It goes on to present an introduction to single-molecule fluorescent studies based on a quantum description of absorption and emission of radiation due to Einstein. Various considerations in the study of single molecules are introduced (including signal to noise, non-radiative decay, triplet states, etc.) and some novel super-resolution methods are sketched. The elastic and dynamic properties of polymers, their relation to experiments on DNA and RNA, and the structural transitions observed in those molecules upon stretching, twisting, and unzipping are presented. The use of these single-molecule approaches for the investigation of DNA–protein interactions is highlighted via the study of DNA and RNA polymerases, helicases, and topoisomerases. Beyond the confirmation of expected mechanisms (e.g., the relaxation of DNA torsion by topoisomerases in quantized steps) and the discovery of unexpected ones (e.g., strand-switching by helicases, DNA scrunching by RNA polymerases, and chiral discrimination by bacterial topoII), these approaches have also fostered novel (third generation) sequencing technologies.
Structural Transitions in DNA
Authors: Bensimon David , Croquette Vincent , Allemand Jean-François , Michalet Xavier , Strick Terence
Published: February 2019

In this chapter we discuss the various structural transitions observed on dsDNA upon twisting and stretching: the transition to denatured DNA at negative twist and to P-DNA at positive twist; the transition to S-DNA at large force and its relation with DNA melting. We discuss mechanical unzipping of DNA and show how DNA rehybridization under tension in the presence of complementary oligonucleotides can be used to sequence the molecule.
DNA and RNA Polymerases
Authors: Bensimon David , Croquette Vincent , Allemand Jean-François , Michalet Xavier , Strick Terence
Published: February 2019

This chapter discusses the application of single-molecule approaches in the study of DNA and RNA polymerases. After an introduction to DNA replication and the structure of DNA polymerases, it reviews experiments on DNA polymerization on stretched ssDNA, moving on to DNA polymerization at a stretched DNA fork (mimicking the replication fork). Next it looks at single-molecule sequencing approaches based on DNA polymerization with sequential incorporation of fluorescently labelled nucleotides, comparing with nanopore sequencing. It outlines the use of fluorescent approaches in the study of replication dynamics in vivo in single cells, then discussing transcription by RNA polymerases, the stages of transcription (open-complex, abortive initiation, transcription elongation, termination), and the general structure of RNA polymerases. It describes single-molecule experiments (using manipulation/fluorescent approaches) of the transcription stages and ends with a discussion of experiments studying the dynamics of transcription in vivo at a single locus in a eukaryotic cell with fluorescent labelling.
Radiation from Charges Moving at Relativistic Velocities
Authors: Freeman Richard , King James , Lafyatis Gregory
Published: February 2019

The evaluation of the electric scalar and magnetic vector potentials for a source moving relative to the observer is considered. With retarded time taken into account, the potentials have a form known as the Lienard–Wiechert potentials. Using these and accounting for retarded time in space and time derivatives, electric and magnetic fields due to a charge undergoing acceleration while moving at an arbitrary velocity are derived. The power and its spectral content from radiation of an accelerated charge for accelerations parallel and perpendicular to its velocity are given, with application to synchrotron radiation. The special case of a charge moving with constant velocity is examined in detail. The spectral density of the fields of a charge moving at constant velocity is derived with an approximate calculation of the equivalent number of virtual photons. Finally, Bremsstrahlung radiation of an electron colliding with an ion is calculated using virtual photons and the Weizacker and Williams method.
Field Reactions to Moving Charges
Authors: Freeman Richard , King James , Lafyatis Gregory
Published: February 2019

The concept of self-force on a moving charge is introduced along with the idea of electromagnetic mass. Lorentz’s calculation of the self-force is presented that yields an analytical form of the self-force on an accelerating sphere of charge. The equations of motion for a charge including self-force are derived, known as the Abraham–Lorentz formula. This formula is applied to sinusoidal motion and constant acceleration and its general solution is shown to result in runaway and pre-acceleration. The Landau–Lifshitz approximation alleviates these issues and the self-force is shown to act only over an experimentally extremely short characteristic time. Additionally, issues include the problem that the dynamically calculated electromagnetic mass is 4/3 the statically calculated one; the introduction of Poincare stresses reconciles this difference. Finally, the infinite electromagnetic mass problem of a point-like particle is shown to be manageable by considering advanced as well as retarded waves in the potentials.
Radiation in Materials
Authors: Freeman Richard , King James , Lafyatis Gregory
Published: February 2019

The interaction of electromagnetic radiation and matter is examined, specifically electric and magnetic fields in materials with real and imaginary responses: under certain conditions the fields move through the material as a wave and under others they diffuse. The movement of a pulse of radiation in dispersive materials is described in which there are two wave velocities: group versus phase. The reflection of light from a sharp interface is analyzed and the Fresnel reflection/transmission equations derived. The response of materials to applied electric and magnetic fields in the time domain are correlated to their frequency response of the material’s polarization. The generalized Kramers–Kronig equations are derived and their applicability as a fundamental relationship between the real and imaginary parts of any material’s polarizability is discussed in detail. Finally, practical measurement techniques for extracting the real and imaginary components of a material’s index of refraction are introduced.
Diffraction and the Propagation of Light
Authors: Freeman Richard , King James , Lafyatis Gregory
Published: February 2019

Geometric optics is considered and the eikonal equation is introduced. Krirchoff’s diffraction theory is presented with his integral theorem. Rayleigh–Sommerfeld diffraction is discussed and Fresnel’s approximation for the Kirchoff integrals and Babinet’s principle are given. Fraunhoffer diffraction is considered in detail, specifically diffraction by a rectangular and circular aperture. Special emphasis is given to the angular spectrum representation and its applications, including Gaussian beams, Fourier optics, and tight focusing of fields. Finally, the fields and modes of a tightly focused Gaussian beam are considered and the diffraction limits on microscopy are given.
Radiation Fields in Constrained Environments
Authors: Freeman Richard , King James , Lafyatis Gregory
Published: February 2019

The vacuum field energies and their connection to the force between two plates are presented while deriving the Casimir force. Thermal radiation and the Planck spectrum are introduced and the Einstein A and B coefficients and their properties under thermodynamic equilibrium examined. Microwave cavities and wave guides are considered and their general properties derived with special consideration given to conducting waveguides and transmission lines. Optical waveguides are analyzed using the ray optic picture. Topics include planar waveguides, variable index circular waveguides, single mode fibers, and dispersion. Finally, photonic crystals are discussed and photonic band structures are shown to be analogous to electronic bands.
Building a Property-Owning Democracy, 1945–1970
Authors: Aveyard Stuart , Corthorn Paul , O’Connell Sean
Published: February 2019

The chapter explains the emerging concept of a property-owning democracy. Encouraging home ownership, Conservatives argued, increased ‘independence of character, self-reliance, initiative, and the habit of saving and the acceptance of responsibility’. The Conservative government of 1951 granted local authorities powers to sell council houses to their tenants. Conservatives portrayed the Labour Party as hostile to home ownership. However, Labour revisionists encouraged colleagues to take the concept of a property-owning democracy seriously as part of a strategy to refresh their egalitarian agenda. In similar vein, Anthony Crosland argued that the concept was a ‘socialist rather than a conservative ideal’ as long as property was ‘well distributed’. Thus, as Britain became more affluent, the central debate on housing shifted from one centred on which government built the most houses to which party would offer homeowners the best deal, with a focus on the terms of mortgage lending.
A Sisyphean Task
Authors: Aveyard Stuart , Corthorn Paul , O’Connell Sean
Published: February 2019

Chapter 3 examines debates about controls on consumer credit from late 1957 to 1964. As in Chapter 2, this chapter provides a fresh appraisal of Labour’s response to the affluent society. The party attempted to outflank the Conservatives on the issue of consumer protection. It embarrassed the Conservatives over their sluggish response to the Molony Committee’s recommendations on hire purchase legislation. The chapter also supports previous analyses that have identified the strong impact of new consumerist groups, particularly the Consumers’ Association and the weakening role of the Cooperative Movement. The issue of credit controls became more contentious. The Radcliffe Committee on monetary policy (1958) highlighted the weaknesses of the system. Of particular concern was the impact of controls on consumer durable industries. They were removed in 1958, but reintroduced, in 1960, following a dangerous rise in consumer indebtedness.
Crisis and Credit Control, 1964–1971
Authors: Aveyard Stuart , Corthorn Paul , O’Connell Sean
Published: February 2019

Between 1964 and 1971 the UK suffered great economic difficulties, including repeated balance of payments crises, leading to a prolonged credit squeeze, the seeking of loans from the International Monetary Fund (IMF), and the devaluation of sterling in 1967. These issues dominated control over consumer credit. Hire purchase terms control continued to feature in government economic management, producing stronger objections from the consumer durables sector. While the Treasury saw them as a useful demand management tool, the Board of Trade complained of their damage to British industry and the Crowther Committee established to examine consumer credit called for their abandonment. There was also growing pressure, particularly from the Bank of England, to move away from the use of ceilings on bank lending. In 1971, a new system of credit control was introduced, reliant on changes in the cost of credit rather than restrictions on its overall availability.
‘A Supreme Example of Whitehall “Tinkering” ’
Authors: Aveyard Stuart , Corthorn Paul , O’Connell Sean
Published: February 2019

Competition and Credit Control contributed to the abandonment of hire purchase terms control, but officials continued to search for another mechanism that could target consumer expenditure. Their quest became more pressing after 1973, as tremendous economic difficulties strengthened the desire to control the growth of the money supply. Competition and Credit Control failed to restrict credit expansion and was modified by the introduction of the ‘credit corset’. Hire purchase terms controls returned, alongside the voluntary system for other forms of consumer credit. The failure was dramatic enough for Labour’s front bench to advocate a return to ceilings on bank advances and the withdrawal of credit cards. In office, however, Labour accepted the status quo and relaxed some controls following pressure from the consumer durables sector. The general thrust of the experience in the 1970s led officials and ministers to lose faith in the capacity of the state to effect change.
A Nation of Mortgagors, 1970–1989
Authors: Aveyard Stuart , Corthorn Paul , O’Connell Sean
Published: February 2019

Between 1970 and 1989 the two main parties began to diverge on the sale of council homes, particularly after the election of Margaret Thatcher in 1979. The chapter explains the widening ideological fissures on social housing and home ownership. The spread of home ownership during this period continued the ‘tenurial revolution’, which began in the interwar period. In the same period, a co-relationship had developed between mass markets in consumer durables and owner occupation. The relationship was amplified further in the 1980s amidst a credit boom and rising levels of home ownership. This chapter focuses on the role of the Conservatives’ renewed focus on the right-to-buy policy that turned many council tenants into members of the expanded property-owning democracy.
Wild animals and tourists
Authors: Buckley Ralf
Published: February 2019

Tourists encounter wild animals both intentionally, in wildlife tourism; and incidentally, in adventure tourism. Some wildlife tour products, enterprises and destinations focus on icon species, others on diversity. Icon species may be large and magnificent, or small and cute. Many birdwatchers, and some diving tourists, maintain lifetime lists of species seen. Individual tourist interests depend strongly on cultural background and prior experience. Tourism creates ecological impacts on wildlife, but in some circumstances may also contribute to conservation. In some circumstances, tourists face physical risks during interactions with wild animals. More generally, tourists viewing or interacting with wild animals experience lasting social and psychological gains.
Approaches to Freshwater Ecology and Conservation
Authors: Tharme Rebecca E. , Tickner David , Hughes Jocelyne M.R. , Conallin John , Zielinski Lauren
Published: February 2019

Since the emergence of freshwater ecology and conservation as a discipline in the twentieth century, the advances in science, policy, and practice have been considerable, particularly in the areas of applied ecology and the social sciences. Freshwater systems continue to face considerable challenges to their sustainability in the Anthropocene. Most of these challenges, however, are driven by their broader and dynamically changing social-ecological context. Approaches are needed that recognise that people are at the centre of successful freshwater conservation and management, and which are strategically targeted, policy relevant, innovative, and inclusive of social, political, and economic considerations. As this chapter describes, a rich and continually evolving suite of approaches to freshwater conservation already exists worldwide on which to draw, as does the knowledge and experience to support their effective application.
Physical Variables in Freshwater Ecosystems
Authors: Lamberth Curt , Hughes Jocelyne M.R.
Published: February 2019

We consider three categories of physical variables that can be measured for different freshwater ecosystems: (1) variables measured or described at the catchment or sub-catchment scale (e.g., bathymetry, depth, topography, geology); (2) those in or near to the water (e.g., temperature, turbidity, solar radiation); and (3) variables used to describe the substrate (e.g., particle size, mineral vs. peat). In this chapter we consider the practical aspects of undertaking a freshwater survey that includes measurement of physical variables; the approaches needed to undertake the survey; choosing a sampling strategy or protocol; practical tips on choice of measurement method or sensor, battery type, equipment calibration, resolution, accuracy, and links to literature providing further detail. The final section provides examples from a diversity of freshwaters where physical variables have been measured as part of an ecological survey, forming the evidence-base for management or conservation decisions.
Microorganisms 1
Authors: Sigee David C.
Published: February 2019

This chapter gives a broad overview of freshwater algae in standing (lentic) and flowing (lotic) waters, with information on their morphological and taxonomic diversity. Algal communities are considered in relation to phytoplankton, substrate-attached and biofilm organisms. Methods are given for their collection, sample processing, enumeration, and biomass estimation in different aquatic situations. The relevance of these algae to human activities is considered particularly in relation to eutrophication of standing waters and the occurrence of harmful algal blooms. Control strategies to limit the growth of colonial blue-green algae are discussed within the context of an integrated management policy
Freshwater Ecosystem Services and Functions
Authors: Finlayson C. Max , de Groot Rudolph S. , Hughes Francine M.R. , Sullivan Caroline A.
Published: February 2019

Freshwater ecosystems provide many ecosystem services for people who use them directly as well as indirectly both through using wetland products and through passive activities associated with the existence of the ecosystem. Despite these benefits being widely recognised through international processes and national or local analyses, many freshwater ecosystems are still being degraded or destroyed. In many cases, there is limited understanding of the basic ecological functions that support the services that benefit so many people. With these situations in mind an appraisal of how to measure ecosystem services and functions is provided, building on the approaches presented by the Ramsar Convention approximately a decade earlier, and accompanied by a review of open-access toolkits for measuring or evaluating ecosystem services. A river catchment in eastern Australia is used as an example to illustrate the type of changes that have occurred in freshwater ecosystem services.
Equity’s Own Room
Authors: Samet Irit
Published: February 2019

This chapter explains why Equity should be kept as an independent vibrant body of law. It opens by discussing two strands of the opposition to the dualist system of Equity and Common Law: the fusion project, which advances the idea that the differences between Equity and Common Law ought to be ironed out so as to create one seamless cloth of private law; and the ‘conscionability scepticism’, which rejects the standard of conscience—the most familiar characteristic of Equity. The chapter analyses both views in terms of the Rule of Law (ROL) ideal and goes on to argue that Equity promotes a legal virtue that is neglected by Common Law’s fixation on the ROL ideal: the ‘Accountability Correspondence’. I then attempt to show how Equity reintroduces an essential equilibrium between Accountability Correspondence and the ROL, and the dangers of neglecting to promote such equilibrium. The chapter then explains why the characteristics most associated with Equity, namely, the use of flexible, ad hoc, ex post morally freighted principles, are necessary for the attainment of this goal. Next, I contend that the standard of conscionability—the epitome of Equity’s unique mode of action, is not at all as hostile to the ROL ideal as many conscionability sceptics claim.
Proprietary Estoppel
Authors: Samet Irit
Published: February 2019

This chapter examines the importance of proprietary estoppel (PE) in terms of Equity’s mission of aligning moral responsibility with legal liability, focusing on PE claims that are based on a ‘common expectation’ that arises in the context of pre-contractual negotiations. It first considers what Thomas Scanlon calls Principle L (for Loss prevention) and how its tort-like exposition misses—or glosses over—the voluntary modus of the loss prevention obligation (LPO). It then explains how the legal enforcement of LPOs can be justified from the perspectives of justice and efficiency, and how the conscionability element enables the courts to balance the Rule of Law (ROL) and Accountability Correspondence in the regulation of the pre-contractual stage. It concludes with the argument that Equity, via the doctrine of PE, is redressing a significant failure in the Common Law to tackle behaviour that disregards both morality and efficiency.
Fiduciary Law as Equity’s Child
Authors: Samet Irit
Published: February 2019

This chapter challenges the argument that one of Equity’s most distinctive doctrines, fiduciary law, must be fused with a common law doctrine—the law of contract. In particular, it highlights the disadvantages of transforming the equitable duty of loyalty into an ordinary contractual obligation. The chapter first considers the ‘contractarian’ interpretation of fiduciary law according to which fiduciary duties are no more than a species of contractual obligations before explaining why, in contrast with the contractarian argument, Equity was right in claiming that the fiduciary relationship was essentially different from contract. After making the case of why fiduciary law should be treated as a sui generis equitable doctrine, the chapter examines two features of equitable fiduciary law that will change dramatically if the fusion suggestion is adopted (the language in which it is set and the way into the relationship) and shows the adverse consequences of moving in that direction. It concludes with the contention that the concept of ‘conscience’ still has an active role to play in the legal reasoning about fiduciaries.
Conclusion
Authors: Samet Irit
Published: February 2019

In this concluding chapter I discuss some findings from the analysis of three of Equity’s fundamental doctrines we explored: fiduciary law, proprietary estoppel, and clean hands. I wish to highlight the traits they share and consider the relationship between the legal ideals of efficiency and Accountability Correspondence which they exemplify. Drawing up the strings of the last three chapters will also reveal how the courts use the category of conscionability to ensure that the value of the Rule of Law is sacrificed only in cases where it is necessary to maintain a healthy balance with Accountability Correspondence, in a way that also serves efficiency. Finally, I wish to show how the discussions of the specific doctrines support the argument that the fusion project as a general solution to the friction between law and Equity ought to be rejected.
The UUP during the Troubles, 1969–1998
Authors: Hennessey Thomas , Braniff Máire , McAuley James W. , Tonge Jonathan , Whiting Sophie A.
Published: February 2019

The opening chapter examines the UUP during the Troubles from 1969 until 1998. The era posed numerous political problems for the Party, in addition to the direct impact of violence upon many members. The 1973 power-sharing Sunningdale Agreement had divided the UUP under Faulkner but its collapse in 1974 and the restoration of direct rule, later accompanied by participation in a scrutiny-only Northern Ireland Assembly, helped restore internal unity. Unionist unity extended amid strident but fruitless opposition to the Anglo-Irish Agreement, which gave the Irish government a consultative role on Northern Ireland. The chapter considers the quiet integrationist approach of James Molyneaux and his contribution to the 1993 Downing Street Declaration, before analysing the unravelling of the Molyneaux strategy, with the British Government producing the strongly all-Ireland Framework Documents in 1995. The departure of Molyneaux and election of David Trimble as UUP leader in 1995 are assessed.
Britishness and Northern Irishness
Authors: Hennessey Thomas , Braniff Máire , McAuley James W. , Tonge Jonathan , Whiting Sophie A.
Published: February 2019

Chapter 6 assesses the basis of British identity held by UUP members. The party adapted to a devolutionary settlement, having been a party often more supportive of direct rule from Westminster during the Troubles than the regional Ulster loyalist DUP. This chapter considers whether the UUP offers a form of Britishness more closely aligned to that found elsewhere in the UK than its unionist rival. The Party has contested elections on the slogan ‘Simply British’. Using the survey data and interviews, the chapter tests the extent of British identification relative to that of Northern Irishness, assessing the rival pulls of UK identity versus regionalism. The chapter also highlights the exclusiveness of identity, in terms of the degree of rejection by UUP members of a sense of Irishness.
Liberal and Secular or Protestant and Orange?
Authors: Hennessey Thomas , Braniff Máire , McAuley James W. , Tonge Jonathan , Whiting Sophie A.
Published: February 2019

This chapter examines the importance of the Protestant Faith and Church and of the Orange Order to UUP members. Whilst overwhelmingly Protestant, the UUP has always rejected the overtly fundamentalist, Free Presbyterian brand with which the DUP was associated for many years. The chapter analyses whether the Church of Ireland or Presbyterian Church provide most UUP members. The chapter then discusses the religiously conservative attitudes of members, assessing the extent of support for, or opposition to, the legalization of same-sex marriage and abortion, currently still prohibited (other than in exceptional cases for abortion) in Northern Ireland. The extent to which members offer support for ‘mixed’ (Protestant–Catholic) marriages and for unfettered marching rights for the Orange Order, will also be examined. Are older members, politically socialized in an era of fraternal Orange–UUP relations, still more sympathetic to the Orange Order? The survey data allow direct comparisons with the DUP.
Introduction: Creating Economy
Authors: Townley Barbara , Roscoe Philip , Searle Nicola
Published: February 2019

The introductory chapter sets the book within the context of the existing literature from the areas of sociology and law as they relate to the creative industries. It notes the long-standing dichotomy between creativity and business that is often reproduced in scholarship on this area of the creative and cultural economy. It draws attention to political reliance on creative industries as a source of value and the reality of precarious labour and structural inequalities that characterize work in the sector. It introduces our theoretical approach, drawn from sociological studies of ‘marketization’ and describes our analytical framing: the IP/IPR nexus. It provides short summaries of subsequent chapters.
Protecting Value
Authors: Townley Barbara , Roscoe Philip , Searle Nicola
Published: February 2019

Our final empirical chapter examines the strategies that are available for creative producers to protect their expressed ideas. We illustrate the ambiguity associated with copying, its being a highly nuanced activity in the eyes of producers, sometimes reflective of the ‘zeitgeist’, pedagogical practices as people become established in the field, or simply ‘business’ practice in the creative economy. The community of producers informs the interpretation of experiences of copying or piracy. Although having had experience of work being appropriated, enforcing copyright and design IPR through the legal process is not a usual practice. Instead producers rely on the development of their IP and practices of the field (social networks, community, tacit knowledge) to protect their claims to property.
Conclusion
Authors: Townley Barbara , Roscoe Philip , Searle Nicola
Published: February 2019

We have now completed our journey through the creative economy. Our concluding chapter draws together arguments and elaborates policy suggestions. We examine the value of IP/IPR as an analytical construct and consider how it adds to our understanding of contemporary debates over the creative industries. Our analysis of IP policy and attendant rights issues argues that any evidence-based policy should be based on an understanding of the role of IP/IPR within the valorization process as a whole. We also place our discussion of IP within the context of cultural and education policy, emphasizing the importance of cultural access and support and the development of craft skills that underpin the process of creating intellectual property. We argue both are crucial for the future of creative production and the cultural economy as a whole.
Axum Stele
Authors: Lixinski Lucas
Published: February 2019

This chapter engages with the Axum Stele (or Obelisk, as it is popularly known), a large monument that originally sat in Axum, Ethiopia, as a memento of an old and powerful civilization. In the Italian Conquest of Ethiopia, it was taken to Rome by Mussolini’s troops, and it stood for several years in front of the Italian Ministry of the Colonies. Eventually, the monument was returned to Ethiopia, in a negotiation involving not only the governments of Italy and Ethiopia, but also, most notably, UNESCO and the African Union. This chapter examines discourses around the restitution, reassembly, and ‘reinauguration’ of the Stele in Ethiopia, as a means to showcase the ways international law interacts with the social life of an object, and particularly the field of international cultural heritage law, highlighting tensions involving colonialism, internationalism, expert rule, and the uses of internationalized objects in domestic politics.
Breton Road Signs
Authors: Mowbray Jacqueline
Published: February 2019

This chapter focuses on the image of bilingual (Breton and French) road signs in Brittany, France. The issue of language policy in Brittany was the subject of several cases brought before the UN Human Rights Committee in the late 1980s and early 1990s. This chapter explores these cases and the way in which they influenced the debate around bilingual road signs in Brittany. It considers what the history of these road signs tells us about international law and its engagement with issues of language, identity, and the politics of ‘the state’, and argues that this story reveals both the legal limits of international law and, paradoxically, the broad reach of its influence as a discourse.
Glyphosate
Authors: Arcuri Alessandra
Published: February 2019

Glyphosate is the most widely used herbicide in the world. Globally, 6.1 billion kilograms have been applied in the last decade alone. In 2015, the International Agency for Research on Cancer (IARC), classified glyphosate as ‘probably carcinogenic to humans’. In stark contrast, regulatory authorities worldwide have attributed non-carcinogenic properties to glyphosate. By charting its recent regulatory history, this chapter demonstrates how glyphosate has been ‘subjected’ to law through a politics of separation. In the hybrid regulatory space where science and law interact, law retains its authority by cutting-off arguments. This politics of separation is expedient, as law ought to resolve conflicts, to decide. However, by cutting-off debate and discourse, political choices are being back-staged. Glyphosate, as an object of law, has catalyzed contestation of existing regulatory categories (eg risk assessment/hazard analysis). In so doing, glyphosate has brought the politics back to the front-stage, triggering a process of re-politicization of transnational risk regulation.
Mosul Four and Iran Six
Authors: Mills Alex
Published: February 2019

This chapter explores the practical entanglement of questions of public and private international law through an examination of the history of ten commercial aircraft belonging to Kuwait Airways Corporation. The aircraft were seized by Iraq after the unlawful 1990 invasion of Kuwait, flown to Baghdad, and handed over to Iraqi Airways. Proceedings seeking return of the aircraft and damages were commenced by Kuwait Airways against Iraqi Airways in the English courts, a further saga which led to more than thirty reported cases, including a remarkable five decisions of the House of Lords. The dispute raised a range of issues, including questions of jurisdiction, state immunity, and perhaps most significantly the potential for public international law to be given effect through domestic private law proceedings, in this case as a source of public policy denying effect to acts of Iraqi law which were contrary to UN Security Council resolutions.
NM 68226 84912; TQ 30052 80597
Authors: Simpson Gerry
Published: February 2019

This chapter is about the way in which two monuments (already set in order by historically resonant acts of geographical mapping through ordnance survey) seek to commemorate two international criminal law moments through a ‘setting in order’ that is at once a setting in stone, a setting in law, a setting in war, a setting of a series of killings in the order of history and memory, and a setting for law.
Passport
Authors: Dehm Sara
Published: February 2019

This chapter explores the passport both as an object of concern for international law and as an object that has been shaped through international action and institutions. It unpacks this dynamic relationship along four registers: first, as a historical object that functions as a technology of statecraft and emerged with the consolidation of the modern territorial nation-state; second, as an object of government that works towards the control of individuals, the construction of border regimes, and the global segregation of populations; third, as a jurisprudential object that crafts a particular juridical human; and finally, as an object of resistance taken up in political struggles to challenge the nation-state’s asserted monopoly on territorial authority. Along each of these registers, the passport reveals how the deeply state-centric order produced through international law shapes and regulates human mobility and identity.
Peace Sign: La Comunidad de Paz de San José de Apartadó
Authors: MacManus Thomas
Published: February 2019

The Comunidad de Paz de San José de Apartadó (Peace Community) is a group of peasant farmer settlements in Northern Colombia who have used signage to unilaterally declare neutrality in the Colombian armed conflict. This chapter looks at the signs displayed by the Community as objects of international law and discusses the implications for the development and localization of international law. The chapter explores how the Community has adopted concepts of international law to carve out a space to resist the violence that surrounds them. The chapter also describes how the signs detail informal internal law, with adorned handwritten internal Community rules, and looks at the aspirations and principles conveyed by the signs’ design.
Purse Seine Net
Authors: Lang Andrew
Published: February 2019

This chapter takes as its starting point Michel Callon’s famous paper, ‘Some elements of a sociology of translation: domestication of the scallops and fisherman of St Brieuc Bay’. After first introducing that paper and its core theoretical claims, the following sections attempt a re-reading of the famous ‘Tuna/Dolphin’ controversy, with a particular focus on the purse seine net, in light of Callon’s claims, and of the methods of science and technology studies (STS) generally. It draws attention in particular to the politics of purification which has, in significant part, characterized international regulatory strategies for dealing with this dispute, especially through the GATT/WTO system.
Railway Clocks
Authors: Gordon Geoff
Published: February 2019

This chapter explores aspects of time and what we today call transnational law, embodied in the object of the railway clock. Railway clocks acted as crucial elements of networks, to implement and disseminate a standardized time formalized by international law in the nineteenth century. Together, they produced a new temporal regime of strict mechanical conformance to an abstract standard, oriented globally to a single appointed meridian. The chapter demonstrates how transnational law and standardized time have co-produced one another: law was mobilized to create standardized time in the nineteenth century; standardized time has made possible the growth of a particular law globally. Together, they have operated to enable the expansion of capitalist markets and transactional relations globally.
Trees
Authors: Duvic-Paoli Leslie-Anne
Published: February 2019

This chapter uses the example of the tree as a ‘natural object’ to reflect on how the categories of object and subject of international law are ill-suited to protect living entities. The image of authority that the tree projects in peoples’ imaginations has not translated into an international regulatory regime protecting the tree from over-exploitation, or, in other words, from becoming a lifeless object. Fragmented and disconnected international regimes regulate certain aspects of the tree but fail to capture the tree’s complexity in full. International environmental law often loses sight of the tree per se and focuses on derivative objects which represent a smaller part of the tree (such as timber) or a bigger ensemble (such as a forest). Overall, the chapter reveals how the natural object, by falling between the categories of object and subject, challenges the core constructs of international law, and in particular its theory of subjects.
Whale
Authors: Fitzmaurice Malgosia
Published: February 2019

This chapter discusses the totemic object of the whale. It analyses the provisions of the International Convention on the Regulation of Whaling and the work of the International Whaling Commission. It gives a detailed analysis of the contemporary status of whaling activities provided for under the Whaling Convention: commercial; scientific; and Indigenous; all eliciting conflicting and emotional reactions for the member states of the International Whaling Commission. The whale can also be seen as an object of consumption, which leads to very strong reactions. It appears that at present there is no acceptable solution to reconcile such divergent attitudes. The chapter also deals with the 2014 case before the International Court of Justice, concerning scientific whaling in the Antarctic (Australia, New Zealand intervening v Japan), which serves as an excellent example of problems and conflict of whaling. Whaling appears to be a Gordian Knot of contemporary international law.