bluuebunny/crossref_metadata_2025 huggingface dataset:
A Theory of Sociological Attachment
Authors: Harris Adam S.
Published: May 2022

The main argument of the book contends that the daily construction of ethnic identities influences the degree to which ethnicity influences vote choice. It brings together the sociological literature on identity construct with the political science literature on identity politics/voting. Chapter 2 argues that individuals come to society with a set of ethnic attributes (which may send only noisy ethnic signals), which others use to infer ethnic identity. When the identity that others assign to individuals conflicts with the identity they have chosen for themselves, their identity is then questioned. This questioning then leads individuals to either construct a weaker or stronger identification with the group. When individuals construct a weaker connection with the group, they should then be less influenced by that identity when voting. The chapter also explores scope conditions of, extensions to, the role of multiple ethnic identities in, and endogeneity issues inherent in the theory.
Beyond South Africa
Authors: Harris Adam S.
Published: May 2022

Chapter 7 investigates the degree to which the theory and results apply beyond Coloured South Africans. By investigating additional groups and country contexts, this chapter tests external validity and core scope conditions of the theory. It investigates additional groups beyond the Coloured South African population: Black, Coloured, and White South Africans using original exit poll data from the 2016 local elections; Black, Latino, and White Americans using 2012 ANES data; and all regional and all major linguistic groups in Uganda using original survey data. To test the generalizability of the racial distance findings, this chapter tests the theory in the United States, a context in which race is also the dominant ethnic cleavage. To determine if ethnic distance along other dimensions (language and region) operate in the hypothesized manner, it tests the theory in Uganda. The evidence does suggest that the main results of this book apply in these additional contexts.
Conclusion
Authors: Hedges Matthew
Published: May 2022

By identifying the prominent conduits and mechanisms that support the reign of Abu Dhabi Crown Prince Mohammed bin Zayed, this chapter analyzes a clear security. This focuses on human networks and argues how this foundation will support future generations within Abu Dhabi.
Pragmatics of the Hindu Right
Authors: Sarkar Tanika
Published: May 2022

This chapter revisits the Samiti after a decade and looks at the changes in the Samiti's work profile. It studies a quieter and domesticated form of political activism for women.
Historical Pedagogy and Historical Common Sense
Authors: Sarkar Tanika
Published: May 2022

The chapter looks at Hindutva's construction of History at various pedagogical levels. It delineates its understanding of Indian history. It looks at the modes of dissemination of its messages.
Introduction
Authors: Jackson Leonie B.
Published: May 2022

This chapter argues for the value of a constructivist perspective on terrorism when considering the women who migrated to Islamic State, and shows how frame analysis can help us deconstruct the media representations of these women to understand how journalists created the "jihadi brides" as a coherent category. The chapter considers the paradoxical understanding of Islamic State as both a new threat and an old enemy, and it introduces the sample of news discourse used and the ten high-profile women around which the book's analysis is structured: Sally Jones, Aqsa Mahmood, Kadijah Dare, Tareena Shakil, Salma and Zahra Halane, Yusra Hussien and the Bethnal Green Schoolgirls (Kadiza Sultana, Amira Abase and Shamima Begum).
Monstrous Predators and Vulnerable Prey
Authors: Jackson Leonie B.
Published: May 2022

Exemplars work as framing devices to make a phenomenon understandable by employing real events of the past or present to frame the subject in question. This chapter considers the key exemplar used to explain the migration of women to IS's caliphate: the grooming exemplar. This frame served to represent the "jihadi brides" as either (monstrous) perpetrators or (vulnerable) victims of ideological grooming practices analogous to, and sometimes coterminous with, child sexual exploitation. This exemplar constructed two binary identities: a predatory monstrous groomer and a vulnerable groomed victim that had been preyed upon. The chapter problematizes grooming as an explanation for radicalization, arguing that although it provided a useful way to categorise IS women as deserving or not of sympathy, the linear notions of guilt and innocence implied by the grooming paradigm failed to account for the realities of the women in question.
Divide and Rule
Authors: Woldemariam Mike
Published: May 2022

What determines the kinds of states that have emerged after partition in the Global Indian Ocean? Why, in some contexts, are democratic institutions built and sustained? Why do illiberal models of political development emerge in other contexts? What explains differences in state capacity, both at the center and the peripheral margins of the state? And under what circumstances are successor states fragile and weak, with contested ability to exert their authority across geographic space and various policy domains? This chapter examines the relationship between partition and the domestic political arrangements of resulting successor states in the context of the "thin liberal order" that characterizes the Global Indian Ocean. It does so by examining the partition of Ethiopia–Eritrea and attempts to explain what was perhaps the most significant outcome of the 1993 split: that it produced two highly resilient experiments in illiberal state-building dominated by the ideology and interests of rebels-turned-ruling parties. While this outcome was highly contingent, this chapter argues that the Ethio-Eritrean partition is best seen as an elite-level "political settlement" designed not only to divide two states, but to enhance the political monopoly of rebel elites in the emergent successor states.
Intervention and Order in Failed States
Authors: Reno William
Published: May 2022

In the age of the Global War on Terror, external intervention targeting groups deemed hostile to the Pax Americana, is critical in shaping local orders in territories branded as "failed states." Intervention, in Somalia and elsewhere in the Global Indian Ocean, is Janus-faced. Its first dimension is the pursuit of a democratic domestic order compatible with a liberal international order, reflected in the interveners' official policies to build professional police and military contingents, security forces supposed to disrupt the international networks providing resources and recruits to insurgents. But, as the Somali reality shows, this is a "thin hegemony." The second dimension reflects how intervention unfolds in failed states in practice. This dimension seeks order but dispenses with liberal transformation. It instead addresses the reality that the recipient government lacks the capacity or political will to support professional security forces or transform their political systems into liberal democracies. Western intelligence and military operatives thus turn to leveraging local social networks to address external security concerns. These agents of the Pax Americana are vital in undermining ("thinning") the liberal democratic dimension of this hegemony, as they engage with the realities of asserting military dominance in this diverse and overlapping networked environment.
Conclusion
Authors: Lieven Anatol
Published: May 2022

In the Global Indian Ocean, both the post-colonial period and the era when the West could dream of unilaterally setting models for progress are now definitively over. The political orders of the macro-region often retain certain colonial institutions but are equally shaped by pre-colonial pasts and present economic realities. The Covid-19 pandemic may severely weaken polities around the Indian Ocean, but this is extremely unlikely to lead to those states developing in a common liberal-democratic direction. But that does not mean that there is a clear-cut alternative lurking in the Ocean's storm clouds. Rather than looking to identify the emergence of an alternative overarching ideological hegemony, this chapter draws attention to the extraordinary pluriformity of political orders that dominates the macro-region and will continue to do so. US hegemony in the region has not vanished, but from a relatively brief and unsuccessful attempt at "thick hegemony," it reverted to a thin one as a New Cold War with China looms on the horizon.
Probability Distributions
Authors: Titelbaum Michael G.
Published: May 2022

This chapter begins with a brief overview of elementary logic. It then defines a probability distribution by introducing Kolmogorov’s three probability axioms. The chapter draws out some consequences of those axioms, then applies them to the scenario of the lottery paradox. Finally, we look at some alternate ways of presenting a probability distribution, including Venn diagrams, probability tables, and odds.
Introduction
Authors: Dresher B. Elan , Hulst Harry van der
Published: May 2022

This chapter serves as an introduction to the volume. We review existing histories of phonology, and observe that this volume builds on the increased interest in the history of our field in recent years. We then set out the plan of the volume, which is divided into five parts: Part I, Early insights in phonology; Part II, The founders of phonology; Part III, Mid-twentieth-century developments in phonology; Part IV, Phonology after SPE; and Part V, New methods and approaches. In the rest of the chapter we discuss how the leading ideas that characterize contemporary phonology emerged and developed in the history of our field, with reference to the individual chapters. We conclude with a few general observations about certain recurring themes and tensions in the history of phonology that emerge from this volume.
The East Asian tradition
Authors: Duanmu San , Kubozono Haruo
Published: May 2022

This chapter gives a sketch of phonological studies in three East Asian languages—Chinese, Japanese, and Korean. The first section covers Chinese from ancient times to the present day. Historical issues of interest include annotation of pronunciation for a non-alphabetical orthography, compilation of riming tables, and reconstruction of Old Chinese phonology. Modern issues of interest include tone features, tone sandhi, syllable structure, morphophonemic alternations, language games, stress, poetic rhythm, and word length preferences. The second section focuses on Japanese and illustrates how phonological notions such as ‘mora’, ‘pitch accent’, and ‘Lyman’s Law’ developed in the phonological studies of the language. The third section deals with Korean with primary focus on its writing system (Hangul), pitch accent, and the three-way contrast in consonants.
Nineteenth-century historical linguists’ contributions to phonology
Authors: Salmons Joseph
Published: May 2022

This chapter surveys selected 19th-century developments in historical and comparative linguistics as they helped lay foundations for or foreshadow major strands of modern phonological theory. Modern positions on numerous major issues in the field today were laid out by the time of the Neogrammarians and their opponents. These include views on the phonetics-phonology interface and the nature of mental grammar and representations, contrast, regular vs. irregular processes, and variation. For each issue, I sketch 19th-century views and place them in the context of current debates.
The Kazan School
Authors: Radwańska-Williams Joanna
Published: May 2022

The Kazan School was born out of a conjunction in the lives of Jan Baudouin de Courtenay (1845‒1929) and his student Mikołaj Kruszewski (1851‒87), during the period of the Kazan Linguistic Circle (1878‒83). Drawing upon and systematizing Baudouin’s teaching, Kruszewski’s brief monograph On Sound Alternation (1881) was a statement of a synchronic approach to phonology, introducing the terms ‘divergents’ and ‘correlatives’, and proposing a structural definition of the phoneme. Kruszewski extended his theory in An Outline of Linguistic Science (1883), which represented his quest for the laws of language. In An attempt at a Theory of Phonetic Alternations (1895), Baudouin further developed the classification of alternations, and redefined the phoneme as ‘the psychological equivalent of a speech sound’. Baudouin and Kruszewski’s endeavour of theorizing about the relationship between synchrony and diachrony, and between phonetics, phonology, and morphology was the Kazan School’s enduring inspiration for the subsequent worldwide development of phonology.
John R. Firth and the London School
Authors: Moro Elena Battaner , Ogden Richard
Published: May 2022

British linguist John R. Firth (1890–1960) developed a unique functionalist approach to language and linguistics at the School of Oriental and African Studies (SOAS), London, from 1937 to his death. ‘London School’ refers to the group of Firth’s colleagues and disciples at SOAS who developed, on the basis of Firth’s thinking, the so-called Firthian Prosodic Analysis (FPA). These include several people who were prominent in the development of linguistics in the UK. FPA bears some similarities to later non-linear phonological theories. This chapter presents FPA from historical and theoretical perspectives, with the following sections: 1. Introduction; 2. Fundamentals of the technique of FPA; 3. John R. Firth and the London School; and 4. FPA’s legacy in today’s phonology.
Phonology in Glossematics in Northern and Western Europe
Authors: Basbøll Hans
Published: May 2022

This chapter focuses on the phonological implications of a general theory of language forged by the Danish linguists Louis Hjelmslev (1899–1965) and Hans Jørgen Uldall (1907–57) called Glossematics. Its point of departure is the dual nature of all things linguistic, with the parallel structure of the expression plane and the content plane. Central here is an analysis of Hjelmslev’s two treatments of an expression system, viz. of Danish (1948/1951) and French (1948/1970). The elements of Hjelmslev’s analyses are not traditional phonemes but morphophonological abstract entities. The chapter further describes the impact of Glossematics on the strong Danish tradition of structuralist dialect descriptions and looks at the influence on phonological descriptions of French where André Martinet (1908–1999) plays a key role. Glossematics put much more emphasis on paradigmatic and syntagmatic relations than on a phonetic analysis, and scholars from the glossematic milieu contributed important phonotactic and prosodic studies.
The Sound Pattern of Englishand early generative phonology
Authors: Kenstowicz Michael J.
Published: May 2022

This chapter discusses the novel approach to phonology developed in Chomsky & Halle’s The Sound Pattern of English. The key innovation in this landmark study was to treat phonology as the realizational component of a generative grammar that aimed to characterize the tacit knowledge of idealized native speaker in terms of a system of ordered rules defined over sound sequences represented as distinctive feature matrixes. The chapter reviews SPE’s analysis of English word stress and its morphophonological vowel alternations as well as the general feature system and the treatment of markedness. The concluding section considers the special climate that nurtured the development of the generative approach and the contributions of Chomsky & Halle’s first generation of students.
The interaction between phonology and morphosyntax in generative grammar
Authors: Scheer Tobias
Published: May 2022

This chapter is about how generative theories have conceived and implemented the impact of morpho-syntactic information on phonology. The major division is along the two channels that may be used by morpho-syntactic information to reach phonology: derivational (the phonological cycle in its successive incarnations) and representational. The latter inserts representational objects into the linear string that is submitted to phonological computation: juncture phonemes when the basic units were phonemes, SPE-type diacritics such as # when segments were relevant, and autosegmental domains (prosodic constituency) in the early 1980s. Since that time, the two channels have been associated with specific theories: Lexical Phonology on the derivational, Prosodic Phonology on the representational side. This division of labour is examined over time (phase theory being a relevant player in this context) and correlated with modularity: while generative theory is modular in kind, there have been repeated modularity-violating implementations of the interface. Alignment in OT is an especially noteworthy recent case in point.
The medieval inheritance
Authors: Considine John
Published: May 2022

Chapter 1 describes the medieval dictionaries which were available in the British Isles at the beginning of the sixteenth century, starting with a snapshot of those which were in the fine library at Syon Abbey, and then giving a more general picture of the availability of older Latin dictionaries such as the Catholicon of Giovanni Balbi as manuscripts and printed books; of the first dictionary traditions with English glosses, notably the Medulla grammatice; of the first English–Latin dictionaries, namely the Catholicon Anglicum and the Promptorium parvulorum, with remarks on the identity of their makers and of their circulation in manuscript; and of the native Irish and Welsh lexicographical traditions.
The Dictionary of Sir Thomas Elyot
Authors: Considine John
Published: May 2022

Chapter 4 gives an account of the most influential of all English dictionaries, the Latin–English Dictionary of Sir Thomas Elyot. This was a translation, with additions, of an Italian Renaissance dictionary, the Dictionarium of Ambrogio Calepino, which brought the humanist lexicography of Latin into the English lexicographical tradition. The making of Elyot’s Dictionary is discussed, as is the series of revised editions published as Bibliotheca Eliotae by Elyot and, after his death, by Thomas Cooper. These draw on the Latin lexicography of the French humanist Robert Estienne. Annotations in surviving copies of the Dictionary and the Bibliotheca are likewise discussed: these are documents in the history of lexicography and the history of reading alike.
Specialized wordlists of English after the 1530s
Authors: Considine John
Published: May 2022

Chapter 14 turns to the specialized lexicography of early modern English, in other words to monolingual glossaries, which formed part of, or were appended to, books on particular subjects, rather than being stand-alone publications. The earliest and most copious of these were of medical terms. Others, in chronological order of the earliest known wordlist in each category, surveyed legal language; the technical vocabularies of rhetoric, geometry, and cosmography (including some wordlists with illustrations); proper names; the cryptolectal language variety of thieves and vagabonds called cant (some wordlists of which were fanciful); the technical vocabularies of logic, herb-lore, hunting, and war; and English words pertaining to the study of the ancient world.
Introduction
Authors: van der Wal Jenneke
Published: May 2022

Chapter 1 introduces the conceptual questions as well as the area in which these questions are explored. The questions concern the tension between our shared human language capacity on the one hand, and the great crosslinguistic language variation on the other hand: Which plausible parameters can account for both? Which features are involved in these parameters? The book explores these questions by examining variation in subject and object marking in the Bantu languages. The introduction presents the Bantu languages and the variation observed in their agreement marking: pronoun vs agreement, symmetric vs asymmetric ditransitives, single vs multiple object markers, and various forms of subject inversion. These pose challenges for the Minimalist approach to ϕ agreement and nominal licensing, which is also introduced in this chapter, together with a sketch of the proposals for featural parameters to be discussed in detail in the rest of the book. The solution lies in taking salience seriously and incorporating [Person] and [Topic] into a featural account of differential object marking and flexible licensing in ditransitives as well as inversion constructions.
Object marking defective goals
Authors: van der Wal Jenneke
Published: May 2022

Chapter 2 presents the defective goal approach to object clitics in more detail and extends the approach in order to capture the variation between object markers as incorporated pronouns (non-doubling) or grammatical agreement (doubling). Whether languages have object marking at all depends on having a ϕ probe on v. The parametric variation between doubling and non-doubling is due to the structure of the DP: if [Person] forms its own projection on top of the DP, object marking will be doubling, if it does not and [Person] is a feature on D, object marking is non-doubling. Both can be derived using the same mechanism of Agree and defective goals. The feature [Person] also explains the patterns of differential object marking in Bantu languages, as [Person] is associated not just with first and second person, but also with animacy, definiteness, and givenness (141).
English Tax Considerations for Schemes and Restructuring Plans
Authors: O'Dea Geoff
Published: May 2022

An analysis of tax implications arising under the UK tax system for the creditor schemes, particularly in relation to debt waivers and releases including debt-for-equity swaps. The chapter analyses the importance of a 'loan relationship' for purpose of UK corporation tax and how it affects the tax treatment in the context of creditor schemes. The chapter also analyses statutory reliefs from tax charges of a company that is subject to an insolvency procedure or which undertakes a Part 26 Scheme or a Part 26A Restructuring Plan. The chapter summarizes conditions for determining the existence of tax-free debt waivers, tax implications of a relationship existing between connected companies where the debtor and lender are connected, and tax reliefs available under debt-for-equity exchanges.
Company Voluntary Arrangements Compared with Schemes and Restructuring Plans
Authors: O'Dea Geoff
Published: May 2022

This chapter sets out the background to the introduction of company voluntary arrangements (CVAs). The chapter also sets out in detail the process for the implementation of a CVA, the key documents required and the statutory and regulatory requirements, including consideration of the impact of the Corporate Insolvency and Governance Act 2020 and the UK court’s jurisdiction criteria following Brexit. The chapter also considers the use of CVAs as opposed to schemes of arrangement and restructuring plans. The chapter summarizes the process to challenge a CVA and examines relevant case law, including the decisions in the Regis case and the Debenhams and New Look CVA challenge cases. The chapter considers and summarizes the recent trend of landlord CVAs and sets out certain issues with the determination and calculation of individual store turnover. In addition, the chapter considers the Virgin Active restructuring plan and opines as to whether restructuring plans will now be used in the place of landlord CVAs.
Receivership Sales
Authors: O'Dea Geoff
Published: May 2022

A practical examination of how receivership sales can be used to implement a pre-agreed restructuring. The chapter considers the receivership regime under the Law of Property Act 1925 and relevant charging documents, considering the use of a receivership sale as opposed to an administration sale. The chapter considers in detail issues of valuation, with a particular focus on a receiver’s duties in this regard. Other duties of a receiver are also considered, including the duty to act in good faith and for proper purposes. The chapter examines how a receiver is appointed under both the Law of Property Act 1925 and charging documents. Considerations regarding implementation of a receivership sale are also considered together with termination methods.
Liability Management Transactions
Authors: O'Dea Geoff
Published: May 2022

An examination of tender offers, exchange offers, exit consents and applicable typical contractual, provisions of US securities laws (including the Securities Exchange Act of 1934, Securities Act of 1933 and the Trust Indenture Act) and English law including under bonds and loans. The chapter includes an outline of a typical tender or exchange offer, consent solicitations and cash repurchases, incentives and disincentives to encourage agreement to the transaction, using schemes and restructuring plans to effect the foregoing, US Securities laws and exceptions to be employed with using a scheme or restructuring plan, exit consents under US and UK law, treatment of voting disenfranchisement, typical amendment and waiver provisions, tensions between funded and unfunded lenders when considering amendments and waivers and other techniques that the majority can use to bind the minority under a credit document. The chapter also analyses how to structure transactions to fall within applicable exceptions under US Securities laws.
Extra deletion processes
Authors: Erschler David
Published: May 2022

This chapter introduces a hitherto undescribed ellipsis variety present in a number of head-final languages including Eastern Armenian, Digor and Iron Ossetic, and Turkish. The material deleted under this type of ellipsis demonstrably does not form a constituent. It is shown that this phenomenon cannot be analysed as a series of constituent deletions. This ellipsis variety is argued to involve extra deletion of some material adjacent to a gapping site (specifically, a part of a DP or a PP) rather than mere deletion of a constituent. The chapter then proceeds to argue that the existence of extra deletion necessarily implies that deletion must take place after linearization.
Depicting Orthodoxy in the Russian Middle Ages
Authors: Kriza Ágnes
Published: May 2022

The image of Divine Wisdom, traditionally associated with the Sophia Cathedral in Novgorod, is an innovation of the fifteenth century. The icon represents the winged, royal, red-faced Sophia flanked by the Mother of God and John the Baptist. Although the image has a contemporaneous commentary, and although it exercised a profound influence on Russian cultural history, its meaning, together with the dating and localisation of the first appearance of the iconography, has remained an art-historical conundrum. By exploring the message, roots, function, and historical context of the creation of the first, most emblematic and enigmatic Russian allegorical iconography, Depicting Orthodoxy in the Russian Middle Ages deciphers the meaning of this icon. In contrast to previous interpretations, Kriza argues that the winged Sophia is the personification of the Orthodox Church. The Novgorod Wisdom icon represents the Church of Hagia Sophia, that is, Orthodoxy, as it was perceived in fifteenth-century Rus. Depicting Orthodoxy asserts that the icon, together with its commentary, was a visual-textual response to the Union of Florence between the Catholic and Orthodox Churches, signed in 1439 but rejected by the Russians in 1441. This interpretation is based on detailed interdisciplinary research, drawing on philology, art history, theology, and history. Kriza's study challenges some key assumptions concerning the relevance of Church Schism of 1054, the polemics between the Greeks and the Latins about the bread of Eucharist, and the role of the Union of Florence in the history of Russian art. In particular, by studying both well- and lesser-known works of art alongside overlooked textual evidence, this volume investigates how the Christian Church and its true faith were defined and visualized in Rus and Byzantium throughout the centuries.
The Icon and Its Commentary
Authors: Kriza Ágnes
Published: May 2022

The Novgorod Sophia iconography has a coeval commentary from the fifteenth century which is the earliest surviving Russian icon commentary, followed by others. By analysing the Sophia commentary, the first, ‘Word’ part investigates this genre of late medieval Russian literature. It traces the genesis of these commentary texts, determines their specifics and function, and develops a methodology which assists in their decoding. The first chapter reveals the links of Russian icon commentaries with Christian allegorical exegesis and question-and-answer literature. It also identifies the biblical quotations in the text which suggest an ecclesiological meaning of both the commentary and the Sophia icon.
Slavonic Sophia Churches and the Schism of 1054
Authors: Kriza Ágnes
Published: May 2022

The third part of the book investigates how the Sophia image visualizes the concept of the Hagia Sophia church as a symbol of Orthodoxy. It analyses the structure of the Wisdom image and its different iconographic details as references to constructed Orthodox churches and their mural decoration. Its title is ‘Identity’ because it also investigates what was meant by Orthodoxy in Rus—how and primarily against whom its true faith was defined—and how this idea of Orthodoxy was visualized. This analysis begins with a reconsideration of the debate between the Latins and the Orthodox over the Eucharist that led to their Schism in 1054. It discusses the relevance of anti-Latin polemics against the unleavened bread of Eucharist (azymes) for the development of Orthodox apse decoration from the eleventh century onwards and highlights the importance of the eleventh-century mural decoration of Slavonic Sophia churches at Ohrid and Kyiv in this process.
Conceptualizing AU Law within the Constitutional Framework of the AU
Authors: Olivier Michèle
Published: May 2022

AU law is a recent term. As yet, its content remains largely unmapped and open to discourse by scholars and legal practitioners. AU law points to a legal discipline that needs to be identified and developed serving post-colonial Africa as a continent. Within the broader context of regional integration law and politics, AU law refers to the continent’s need to self-regulate. By engaging with the conceptual nature of AU law this chapter explores the link between the need for supranational rule-making capacity within the African Union and achieving closer political and economic integration. It is suggested that such powers will form the backbone of a corpus of binding AU law and the foundation for a Pan-African rule of law. The establishment of AU law depends on the capacity of the AU institutions to take decisions that will bind its Member States as a matter of law. To identify potential sources of AU law-making powers requires a careful reading of the AU’s various constitutional treaties establishing the African Union and its institutions. This chapter suggests that a constitutional framework should therefore be the starting point in the discussion on the conceptualizing of AU law.
The Implications of AU Law: Conceptual Analysis with Emphasis on the Institutional Consequences
Authors: Magliveras Konstantinοs
Published: May 2022

Notwithstanding the fact that the African Union (AU) has not been given a mandate to legislate, a certain AU law can be said to exist. While AU law does not resemble the law of the European Union (EU), this chapter argues that it shares characteristics with the legal systems established in the context of two other regional organizations, the Council of Europe (CoE) and the Organization of American States (OAS). After offering an overview of EU law, the paradigm of a regional organization’s legal system, the legal orders of the CoE and the OAS are surveyed. Based on the common characteristics of these orders, the chapter moves to examine AU law as a corpus of common norms and rules deriving from various treaties negotiated and concluded under the auspices of the AU, and before it, the Organization of African Unity. The chapter concludes that the development of AU law will necessitate a revision of the AU Constitutive Act, especially in view of the Member States promoting a Continental Free Trade Area and the rejuvenation of the African Economic Community.
The AU and Global Financial Standard-Setting
Authors: Iglesias-Rodríguez Pablo
Published: May 2022

This chapter analyses the role of African Financial Supervision Authorities (FSAs) in International Networks of Financial Supervision Authorities (INFSAs) with a view to assessing whether and to what extent (a) the model of economic and financial integration embraced by African Union (AU) law relates to the power and influence of Africa in the global financial architecture; and (b) whether and how AU law, institutions, and policies may contribute to enhance such influence. The chapter proceeds as follows. First, it examines the role of African FSAs in INFSAs, focusing on the barriers the former face for accessing, being effectively represented, and participating in the latter. The selected INFSAs are the Basel Committee on Banking Supervision (BCBS), the International Organization of Securities Commissions (IOSCO), and the International Association of Insurance Supervisors (IAIS), which are the main global financial standard-setters. Secondly, it assesses how AU law and institutions may contribute to enhance the position of Africa in global financial standard-setting.
Contextual Centrality of Institutional Arbitration Framework for AU Legal Order
Authors: Osuji Onyeka K , Taiwo Oluwafikunayo D
Published: May 2022

This chapter proposes an institutional framework for arbitration within the AU legal order to facilitate its Constitutive Act’s objectives of deepening regional integration and promoting intra-Africa trade and development and pursued via the African Continental Free Trade Agreement (AfCFTA), Pan-African Investment Code (PAIC), and other regional integration projects. The success of Africa’s regional integration initiatives will depend, to a large extent, on tackling costly and problematic transnational disputes and provision of effective arbitration and other alternative dispute resolution (ADR) mechanisms. The institutional framework developed in the chapter encompasses both investment and commercial arbitration, a departure from the exclusive focus on investment arbitration in existing initiatives. An African model of transborder arbitration is viable and more likely to gain widespread legitimacy and acceptability, and lead to robust and efficient resolution of horizontal and vertical disputes.
Combating Terrorism and Managing Asylum Seekers and Refugees under AU Law
Authors: d’Orsi Cristiano
Published: May 2022

This chapter focuses on the interrelation between terrorism in Africa and ongoing efforts of the African Union (AU) to protect vulnerable individuals such as asylum seekers and refugees from this phenomenon. Despite notable legislative efforts and strategic initiatives to prevent or curb the spreading of terrorism on the continent, not enough has been done. This chapter provides an analytical assessment of the legal and policy situation on the continent. Recommendations are then made on how to reduce the escalating terrorist activity and corresponding fatalities in Africa within an AU law framework. The need for urgent action is underlined by the fact that in the first nine months of 2019, African terrorist attacks resulted in 335 fatalities in the Mopti region (Mali), 240 fatalities in Ituri province (Democratic Republic of Congo), 150 fatalities in Borno State (Nigeria), 136 fatalities in Mogadishu (Somalia), and 128 fatalities in Khartoum (Sudan).
Development of AU Law: Tax Harmonization and Regional Integration towards Achieving Social Structures in Africa
Authors: Onyejekwe Chisa
Published: May 2022

Economic and structural development has been at the forefront of African Union (AU) policy. The establishment of sustainable social structures is an integral part of the development agenda for AU Member States. Certain factors including poverty, corruption, capital flight, and tax avoidance have affected the ability of Member States to create sustainable social structures for their populations. This chapter examines whether social structures can be improved through continental integration and harmonization of taxation laws to provide a sustainable revenue source to develop and maintain social structures as well as fund the AU. The chapter argues that tax harmonization through the development of an AU Model Law on taxation administered through the Regional Economic Communities (RECs) can address social problems and achieve the aims of Agenda 2063 for economic and sustainable development. This is illustrated by using the Economic Community of West African States (ECOWAS) as an exemplar, drawing from the experiences and possible success of the West African Monetary and Economic Union (WAEMU) in the field of tax harmonization.
The Right to Education in AU Law
Authors: Garrido Rui , Baldé Aua
Published: May 2022

Education is considered fundamental for the realization of other rights. Although not expressly mentioned, it underpins the entire African Union Agenda 2063. This chapter analyses and assesses how education is enshrined as a fundamental right in the AU’s legal framework as well as its broader role within the AU legal system, while bearing in mind the relevance of education to achieve the goals set by Agenda 2063. It discusses the right of Africans to education, but also how AU law fosters education as a right, and how the Union is developing policies and a holistic strategy actively to guarantee this right to African citizens. By looking at the role of education in AU law, this chapter aims to shed light on existing gaps and offer a perspective on the way forward for AU law.
The Several Sanctioning Regimes in the AU: Analysis and Synthesis
Authors: Magliveras Konstantinos D
Published: May 2022

While the OAU Charter did not envisage any sanctions, certain sanctions had to be introduced during its life to deal with pressing matters arising from Member States not observing their duties. On the contrary, the AU Constitutive Act contained various provisions on sanctions from the very beginning, catering for different infractions, effectively leading to several sanctioning regimes. Subsequent legal instruments have expanded their content. The existence of a system for ordering punitive measures against recalcitrant parties is invariably a characteristic of the legal systems created by international organizations. While its absence does not necessarily cancel the validity of such legal systems, its presence no doubt reinforces them. The chapter examines the sanctions which AU organs may inflict in the following three instances: when Member States have defaulted in the payment of assessed budget contributions (Article 23(1) of the Constitutive Act); when they have failed to comply with AU decisions and policies (Article 23(2)); and when a government in a Member State has come to power through unconstitutional means (Article 30, Article 7 of the Peace and Security Council Protocol, and Articles 23 and 24 of the African Charter on Democracy, Elections and Governance). The chapter also offers insights on how these provisions have been applied in practice. Finally, problems and difficulties associated with the implementation of these provisions are presented and linked up to the operation of AU law as a legal system.
The (Domestic) Enforcement of AU International Economic Law Instruments: Exploring the Desirability of Direct Effect
Authors: Yann Simo Regis
Published: May 2022

This chapter deals with the principle of direct effect as applied in European Union (EU) law and explores its suitability in the enforcement of African Union (AU) legal instruments, notably those setting up the African Continental Free Trade Area (AfCFTA). What motivates the issue of direct effect is the noted reticence of African countries to litigate trade matters between themselves despite the existence of provisions of regional trade treaties creating courts of justice which give standing to Member States. Therefore, it surveys the avenues through which natural and legal persons can uphold their rights stemming from AfCFTA treaties, thus contributing to treaty interpretation and increasing security and predictability. Currently, the AfCFTA Dispute Settlement Protocol, modelled after the World Trade Organization (WTO), does not allow such a possibility, contrary to rights acquired by natural and legal persons before some African Regional Economic Communities (RECs) courts. Nevertheless, this chapter finds that carving out access of natural and legal persons to AfCFTA proceedings may not always work as intended since there are other ways to bypass these obstacles. These loopholes could be the gateway through which direct effect will develop and become a principle of AU law, broadly speaking. These gaps further complement this chapter’s suggestions to explore amending the AfCFTA legal instruments, even though its dispute settlement system is yet to be tested, in order to match the standing that natural and legal persons have acquired under the RECs, which, in fine, are building blocks towards achieving the AfCFTA and, eventually, the African Economic Community.
The Hurwicz 1940–41 Year When MIT Launched Its Graduate Degree Rocket
Authors: Samuelson Paul
Published: May 2022

This chapter presents a letter that the author wrote on the occasion of Leonid Hurwicz’s 90th birthday in 2007. The author talks about working with Hurwicz: they did early spectral analysis of Frickey’s aggregate U.S. output for the time slot 1865–1935. Even more melodramatic was the new Hurwicz-Samuelson grading system for the author’s first regular statistics course. MIT engineers have always been grade chasers. Thus, all hell broke loose when they learned that their exam mark of 115 put them below the median of the class grades. It did not help when Hurwicz explained that this was the famous Chicago grading system. Ultimately, the author considers the Leo MIT year a fun year.
Fundamental Theory of Institutions
Authors: Myerson Roger B.
Published: May 2022

This chapter presents the author’s inaugural Hurwicz Lecture at the 2006 North American Econometric Society meetings. It follows Leonid Hurwicz in considering fundamental questions about social institutions. Hurwicz’s concept of incentive compatibility may help clarify old debates about socialism, where such questions arose. Moral hazard models show disadvantages of socialism, while adverse selection models may delimit its advantages. The chapter reviews Hurwicz’s general theory of how institutions can be enforced in larger games, suggesting curb sets as an alternative enforcement theory that admits focal point effects. It also considers specific problems of leadership and trust in establishing sovereign political institutions, where high officials can be deterred from abuse of power only by promises of large future rewards, which a leader must be credibly committed to fulfill.
The Nationality Principle
Authors: Gallant Kenneth S.
Published: May 2022

The nationality (or “active personality”) principle—that a state has authority to make criminal law for its nationals wherever they act in the world—is the second fundamental principle of jurisdiction. Some argue that the relationships of co-citizens to each other and the state is the real moral basis for national criminal law, so that in theory (though not in modern practice) it is the most fundamental form of jurisdiction.
Outsiders’ Responsibility to Answer for Crime
Authors: Gallant Kenneth S.
Published: May 2022

The legal/philosophical tradition of requiring “answerability” of a person to a state for criminal activity can serve as a useful way to approach the problem of authority to make and enforce criminal law. In R.A. Duff’s revival of this tradition, accountability of persons to a state or other polity is a philosophical notion which, he argues, underlies all just implementations of criminal law. Duff has centered his views around the relationship between the citizen and the polity (in today’s world, the state) to which the citizen belongs.
Do Security Analysts Discipline Credit Rating Agencies?
Authors: Fong Kingsley , Hong Harrison , Kacperczyk Marcin , Kubik Jeffrey D
Published: May 2022

Credit ratings of corporations are biased, but the forces driving this bias are unclear. We argue it would be difficult for rating agencies to issue high grades for a firm’s debt when there are a lot of objective equity analyst reports about the firm’s earnings that are informative about its default. We find that an exogenous drop in analyst coverage leads to greater optimism-bias in ratings, especially for firms with little bond analyst coverage and those that are close to default. This coverage-induced shock leads to less informative ratings about future defaults and downgrades and more subsequent bond security mispricings.

Authors have furnished an Internet Appendix, which is available on the Oxford University Press Web site next to the link to the final published paper online.
ACR-ABS-ASTRO Practice Parameter for Transperineal Permanent Brachytherapy of Prostate Cancer
Authors: Bittner Nathan H.J. , Cox Brett W. , Davis Brian , King Martin , Lawton Colleen A.F. , Merrick Gregory S. , Orio Peter , Ouhib Zoubir , Rossi Peter , Showalter Timothy , Small William , Schechter Naomi R.
Published: May 2022

Aim/Objectives/Background:

The American College of Radiology (ACR), American Brachytherapy Society (ABS), and American Society for Radiation Oncology (ASTRO) have jointly developed the following practice parameter for transperineal permanent brachytherapy of prostate cancer. Transperineal permanent brachytherapy of prostate cancer is the interstitial implantation of low-dose rate radioactive seeds into the prostate gland for the purpose of treating localized prostate cancer.

Methods:

This practice parameter was developed according to the process described under the heading The Process for Developing ACR Practice Parameters and Technical Standards on the ACR website (https://www.acr.org/Clinical-Resources/Practice-Parameters-and-Technical-Standards) by the Committee on Practice Parameters—Radiation Oncology of the Commission on Radiation Oncology, in collaboration with ABS and ASTRO.

Results:

This practice parameter provides a framework for the appropriate use of low-dose rate brachytherapy in the treatment of prostate cancer either as monotherapy or as part of a treatment regimen combined with external-beam radiation therapy. The practice parameter defines the qualifications and responsibilities of all involved radiation oncology personnel, including the radiation oncologist, medical physicist, dosimetrist, radiation therapist, and nursing staff. Patient selection criteria and the utilization of supplemental therapies such as external-beam radiation therapy and androgen deprivation therapy are discussed. The logistics of the implant procedure, postimplant dosimetry assessment, and best practices with regard to safety and quality control are presented.

Conclusions:

Adherence to established standards can help to ensure that permanent prostate brachytherapy is delivered in a safe and efficacious manner.