bluuebunny/crossref_metadata_2025_split huggingface dataset:
A European Perspective on the International Human Rights and Humanitarian Law Relationship in the Context of Multinational Military Operations
Authors: Zyberi Gentian , Andersson Anna 
Published: February 2020

Abstract
This chapter analyses from a European perspective the complex relationship between international human rights law (IHRL) and international humanitarian law (IHL) in the context of multinational military operations. In construing a European perspective, the case law of the European Court of Human Rights (ECtHR) is given specific attention. Due attention is also paid to relevant documents by the Council of Europe (CoE), the EU, UN organs, the International Committee of the Red Cross (ICRC), as well as state practice. The chapter adopts an instrumental approach, inquiring whether the interaction between IHRL and IHL helps to ensure a higher level of protection for civilians and civilian objects from the effects of armed conflicts. After discussing their shared foundational value, namely protecting human dignity, the degree of convergence between IHRL and IHL is assessed in four main areas, namely the protection of civilians, the right to humanitarian assistance, detention, and the right to reparations for victims of armed conflicts.
Law Enforcement Activities in Peacekeeping and Multinational Military Operations
Authors: Olásolo Héctor , Tenorio-Obando Felipe , Díaz Sergio Andrés , Varón Antonio 
Published: February 2020

Abstract
The chapter is devoted to the legal difficulties military missions face when fighting crime in times of armed conflict. Organized crime is a destabilizing factor that often interlinks with and is particularly prevalent in situations of armed conflict. Multinational military operations are therefore frequently simultaneously engaged in genuine military operations as well as traditional law enforcement and policing tasks and thereby operate at the intersection of the laws of armed conflict and IHRL. The question which law governs law enforcement operations such as counter-drug operations in the context of an armed conflict, that is, in a scenario in which the laws of armed conflict undoubtedly apply, remains contested. What lessons can be learned and how has this problem been dealt with in practice? Can these lessons be transposed to contemporary multinational military operations?
Detention in the Context of Multinational Military Operations
Authors: Hartmann Jacques 
Published: February 2020

Abstract
The chapter zooms in on the specific issue of detention in the context of multinational military operations. The Serdar Mohammed case (UK), the Hassan case (ECtHR), as well as the ICRC’s ongoing project to strengthen the legal protections in relation to detention in times of non-international armed conflict, have unearthed various loopholes and legal challenges in the contemporary humanitarian legal framework. What is more, even when multinational military operations operate outside the context of an armed conflict, the legal basis and applicable legal constraints with regard to detention are often unclear. The ECtHR’s Medvedyev case as well as discussions in the context of the Copenhagen process on the handling of detainees in international military operations are relevant cases in point. It is against this background that the chapter analyses applicable legal bases, procedures and constraints with regard to detention in the context of multinational military operations.
International Human Rights Law and Extraterritorial Hostilities
Authors: Ronen Yaël 
Published: February 2020

Abstract
This chapter challenges received wisdom that states, operating individually or participating in multinational military operations, are bound by international human rights treaty law when participating in extraterritorial hostilities. It shows that the mechanism for implementing international treaty law is unworkable in such situations. The chapter also demonstrates the shortcomings of the lex specialis doctrine to reach the applicability of international human rights law, by focusing on human rights not explicitly regulated under the laws of hostilities. The chapter suggests that by preserving jurisdiction as a requisite for the applicability of international human rights treaty law, the overreach of the latter into situations of hostilities can be prevented.
The Coordinating and Steering Function of Status of Forces Agreements
Authors: Fleck Dieter 
Published: February 2020

Abstract
This chapter examines the role of status of forces agreements (SOFAs) in extraterritorial military missions. Addressing typical problems of the negotiation process, the enactment of SOFAs, and their implementation as a cooperative effort, the author highlights the difference between declaratory and constitutive elements of SOFA provisions and emphasizes that practical implementation measures should be considered right from the beginning and throughout the negotiation process. Furthermore, he proposes a development of policy guidelines on important aspects of military operations, such as respecting human rights and protecting the natural environment. To support an effective settlement of possible disputes, SOFAs should exclude recourse to third parties or courts and provide for dispute settlement by negotiation at the lowest possible level.
Accountability and Multinational Military Operations
Authors: Starski Paulina 
Published: February 2020

Abstract
The chapter focuses on the rules on ‘international legal responsibility’ of states and international organizations as one scheme of holding actors of multinational military operations ‘accountable’. It shows that the ‘pluriverse’ of multilevel military operations gravitates in terms of ‘legal accountability’ around three basic sub-problems: the ‘attribution of conduct’, the ‘attribution of responsibility’, and the allocation of secondary obligations stemming from responsibility. With respect to these matters, the actors involved and the various overlapping spheres of control they exercise over multinational military operations pose a major challenge that international legal scholarship has yet to address in a satisfactory manner. In that regard—so the key argument—‘multiple attribution’ and ‘multiple responsibility’ appear as feasible concepts to process the realities of multinational military operations in a manner that would facilitate the accountability of relevant actors.
Protecting the Environment during Multinational Military Operations
Authors: Das Onita 
Published: February 2020

Abstract
The chapter examines issues concerning the protection of the environment during multinational military operations. Taking into consideration the International Law Commission’s (ILC) recent work regarding the protection of the environment in relation to armed conflicts, this contribution devotes particular attention to the preventive and remedial measures suggested in the Special Rapporteur’s reports. The chapter does, however, go beyond the ILC’s ongoing work on environmental protection in the context of armed conflict by extending its focus on exploring how multinational military operations generally—that is whether within or outside of armed conflicts—are influenced by other bodies of international law, namely international criminal law, international environmental law, and international human rights law.
The Involvement of Private Security Companies in Multinational Military Operations
Authors: Liu Hin-Yan 
Published: February 2020

Abstract
The chapter examines the involvement of private security companies in multinational military operations. It is quite common that various tasks that are relevant to a mission’s mandate are ‘outsourced’ to private military companies and security providers. This involvement of private security providers further adds to the (legal) complexity of the mission because it brings in the legal dimension of the contracting state, the home state, and the territorial state, as well as an additional private actor. The specific focus of this chapter is on the question of how rules (and soft-law standards) applicable to private security providers interact with the legal framework and rules applicable to the mission as a whole.
Performing Epic or Telling Tales
Authors: Macintosh Fiona , McConnell Justine 
Published: February 2020

Abstract
Performing Epic or Telling Tales takes the new millennium as a starting point for an exploration of the turn to narrative in twenty-first-century theatre, which is often also a turn to Graeco-Roman epic. However, the dominant focus of Performing Epic is less on ‘what’ the recent epic turn in the theatre consists of than ‘why’ it seems to be so prevalent. The authors explain this turn with reference not only to the translation and scholarly histories of the epics but also to earlier performance traditions and, notably, to recent theoretical debates relating to text-based ‘drama’ and performance based ‘theatre’. What is perhaps most remarkable about this epic turn is not simply the sheer number of outstanding performances that it has produced; it is also that recent practice appears to have outstripped much theoretical discussion about theatre. In chapters ranging from spoken word performances to ballet, from the use of machines and technology, to performances that make space for voices occluded by the ancient epics, Performing Epic seeks to contextualize and explain the ‘narrative’/storytelling (re-)turn in recent live performances—a turn that regularly entails engagement with ancient Graeco-Roman epics, which provide poets, playwrights, artists, and theatre makers with a storehouse of rich, often perceived as ‘raw’, material. Refigured and refracted for the modern era, the epics of ancient Greece and Rome are found to be particularly revealing, and particularly ‘telling’ of the contemporary wider cultural sphere.
Telling Tales with Machines
Authors: Macintosh Fiona , McConnell Justine 
Published: February 2020

Abstract
The connections between epic performances and technological innovation are longstanding, dating from the invention of the mechane in the fifth century bce. In the early modern period they encompass Inigo Jones’ extraordinary scenic innovations, which he introduced in direct imitation of the Italians for the Court Masques in England from 1604 to 1640. With his complex machinery, Jones was able to effect movement across time and space and, especially, for the gods in his retellings. These scenic innovations, which were to endure for at least the next two-and-a-half centuries, were in many ways dictated by, and heavily dependent upon, epic’s divine machinery, its spectacular encounters and its multiple locations. Yet in 1781 the philosopher and critic James Harris praises Sophocles’ Oedipus Tyrannus and George Lillo’s Fatal Curiosity (1737) because they both avoid ‘using Machines, Deities, Prodigies, Spectres or anything else incomprehensible, or incredible’. The ‘merveilleux’ of tragedy, and especially the machines used to usher it into the action, were now deemed deeply problematic in the theatre of bourgeois realism. Throughout the nineteenth and for much of the twentieth century, the machinery associated with the gods was confined to ballet and opera. In recent years, however, in what is regularly dubbed the contemporary ‘posthuman’ world, where the boundaries between human and machine are increasingly blurred and artificial intelligences are not merely tools but potentially independent agencies, thinking about gods from machines has taken on new resonances.
Telling Other Tales
Authors: Macintosh Fiona , McConnell Justine 
Published: February 2020

Abstract
Chapter 6 examines the various ways in which the Bakhtinian heteroglossia of epic performances has been created: by the use of a participating bardic figure, who extends the Brechtian role of narrator/commentator to assume agency within both the fictional and actual worlds of the spectators; by their space-time settings; and by both their live-ness in, and their aliveness to, the immediate performance context. Since the time of the Modernists, led by Joyce and Woolf in Britain and Oswaldo de Andrade in Brazil, epic has begun to be re-envisioned; rather than a genre in which to retell the heroic narratives of a nation, it has become a place where the voices of those previously overshadowed and neglected are finally given space. Derek Walcott’s The Odyssey: A Stage Version, Suzan-Lori Parks’ Father Comes Home from the Wars, and Lisa Petersen and Denis O’Hare’s An Iliad each do this in different ways, giving voice to those whose narratives were occluded in the ancient epics.
Remains
Authors: Watson Nicola J. 
Published: February 2020

Abstract
Chapter 1 explores the smallest-scale expression of the writer’s house museum, the reliquary, through investigating the history of affective investment in the remains of the authorial body. The discussion is framed and exemplified by the biographies of Robert Burns’ skull and John Keats’ hair, but also touches upon ways in which the mortal remains of Ariosto, Petrarch, Shakespeare, and Schiller have been imagined and preserved. The chapter discusses the ways in which the mortal likeness of authors was preserved and transmitted by admirers through acquiring authors’ bones, making casts of their skulls, taking life and death masks, and taking, gifting, and displaying authors’ hair.
Clothing
Authors: Watson Nicola J. 
Published: February 2020

Abstract
Chapter 3 investigates ways of figuring the author’s doubled body, physical and textual, through clothing. It contrasts the ways that male and female authorial clothing has been imagined and displayed within the writer’s house museum to animate ideas of the author. It discusses, inter alia, Dorothy Wordsworth’s shoes, William Cowper’s nightcap, Henrik Ibsen’s top-hat, Elizabeth Gaskell’s shawl, Charlotte Brontë’s wedding-bonnet, and Emily Dickinson’s white dress. It argues that the display of clothing within the writer’s museum converts writing into biography. In this common museum trope, clothing is seen to take and preserve the most intimate and truthful form of its wearer, and to survive as witness to it. Clothing displaces the intimacy and truth of writing; text is converted into textile.
Glass
Authors: Watson Nicola J. 
Published: February 2020

Abstract
Chapter 6 meditates upon the function of glass as a medium of ‘enchantment’ in the writer’s house museum. It considers how and to what effect objects are co-located and assembled within the vitrine as the basic meme of the museum and, with special reference to Virginia Woolf’s Monk’s House, Nathaniel Hawthorne’s Old Manse, and Sigmund Freud’s apartment in Vienna, how eye-glasses, windows, and mirrors relate to tropes of authorial vision and authorial invisibility and immateriality. It argues that glass is the material by which the museum thinks through, dramatizes, and fetishizes impossibilities: the desire to see the writer in the flesh, the desire to see what the writer once saw; the desire to share the writer’s vision.
Outhouses
Authors: Watson Nicola J. 
Published: February 2020

Abstract
Chapter 7 forays into visionary spaces occupied by writers beyond the domestic. It explores how the processes of writing are imagined within, and more usually beyond, the everyday domestic, with time outside the public hours of the day, and space behind, above, or beyond the public spaces of the house. With special reference to William Cowper’s summerhouse, Jean-Jacques Rousseau’s hermitage at Ermenonville, Henry Thoreau’s cabin by Walden Pond, Alexandre Dumas’ Gothic folly, and Vita Sackville-West’s tower at Sissinghurst, it considers how writers have dramatized the writing life as an enviable life of the imagination led beyond the everyday and the ordinary, enabling it to plunge its roots deep into wider, national landscapes.
Introduction
Authors: Gaukroger Stephen 
Published: February 2020

Abstract
Science had virtually no public standing before the beginning of the nineteenth century. This chapter illustrates the transformation that occurred in that era, and sets out a case for exploring the kinds of questions raised in the book proper if we are to understand this transformation. It identifies developments from the eighteenth to the twentieth centuries, and highlights the kinds of issues that we must deal with if we are to understand these developments.
Science and the Origins of Civilization
Authors: Gaukroger Stephen 
Published: February 2020

Abstract
This chapter explores the way in which the understanding of civilization shifted away from religious, political, social, and artistic achievements in the direction of science in the course of the modern era. The idea that the uniqueness of the West consisted in its Christian heritage was undermined by Voltaire’s exploration of the values of Chinese culture, and d’Alembert’s argument that learning in Europe had stagnated in the Middle Ages. The answer to this stagnation was perceived to lie in science because science was the only effective weapon against superstition. Underlying the discussion is the question of the relation between science, civilization, and modernity.
The Evolution of Civilization
Authors: Gaukroger Stephen 
Published: February 2020

Abstract
In the late eighteenth and nineteenth centuries science was promoted as the key to the progress that was now associated with civilization. In Comte’s influential Cours de Philosophie Positive, society was to be reformed on a resolutely scientific basis, and two kinds of development of a Comtean programme are distinguished: Buckle’s explicitly Comtean attempt to place the historical understanding of civilization on a scientific basis, and Spencer’s attempt to account for the evolution of civilization along biological lines. In this chapter the uptake of these ideas in the East is examined, and the question of the role of technology in the development of civilization is raised.
The Unity of the Physical Sciences
Authors: Gaukroger Stephen 
Published: February 2020

Abstract
This chapter looks at whether the relations between the physical sciences could actually have followed the reductionist, hierarchical approach that many have assumed. The aim is to show in some detail the intractable problems that dogged attempts to unify physics in the nineteenth and early twentieth centuries. The importance of an extra-theoretical, experimental tradition in physics is stressed, and significant attention devoted to the development of electromagnetism and energy physics, which has the strongest claim to unificatory ambitions. More generally, the chapter explores the rationales behind unification, distinguishing it from establishing consistency between theories.
The Autonomy of the Life Sciences
Authors: Gaukroger Stephen 
Published: February 2020

Abstract
This chapter explores the development of physiology and the reductionist aspirations of nineteenth-century physiology. It is shown that the scientific standing of physiology is not dependent on the extent to which it can be reduced to the physical and material sciences, and that the distinctiveness of the life sciences, what marks them out as autonomous with respect to the physical and material sciences, does not depend on their ability to secure the existence of some non-physical force which distinctively shapes and guides biological processes. A central argument is that the notion of emergent properties, rather than being an alternative to reductionism, is actually designed to save it, and that, from an explanatory point of view, it is empty. At the same time, the attempt to formulate questions of emergent properties in terms of ontology is a criticized as a way of thinking about scientific explanation.
Understanding the World
Authors: Gaukroger Stephen 
Published: February 2020

Abstract
Philosophy was redefined at the end of the nineteenth century in response to claims that science exhausted everything that could be known, and that consequently philosophy could no longer continue to play any role in our understanding of the world. In finding a new role for philosophy, the Neo-Kantians construed it as form of clarification and systematization of science. The argument was that the legitimacy of science as the pre-eminent form of understanding the world depended on its unity, but it could not establish this relying on its own resources: for that, philosophy, qua theory of the foundations of science, was needed. Philosophy completes science, by establishing its unity on an a priori basis. But Neo-Kantian attempts to ‘ground’ science in philosophy raise the question whether philosophy is best placed to provide such grounding, and these questions came to a head in the wake of the Great War.
Technology and the Limits of Scientific Theorizing
Authors: Gaukroger Stephen 
Published: February 2020

Abstract
There are two questions central to understanding the nature and role of technology in the nineteenth and twentieth centuries. First, there is the problem of how technology engages with science. To the extent to which science and technology can be integrated, what might once have been thought of as scientific developments should in fact be conceived in terms of a mixture of theory, experiment, and theory-free invention. This unstable mixture is what confers on ‘science’ its unruly character. Second, there is a great difference in the values of science and engineering and their approaches to problem solving, evident in physical and engineering approaches to aerodynamics in the early decades of the twentieth century. The association of science and engineering means that we must take seriously the non-discursive products of science, particularly machines, and then we encounter questions very different from those that concern us in the study of ‘pure’ science.
The Modernization of the Population
Authors: Gaukroger Stephen 
Published: February 2020

Abstract
The ‘civilizing process’ comes to be articulated in scientific terms in the nineteenth and twentieth centuries. Central to this exercise is the establishment of norms for everything from bodily proportions to social behaviour. These developments were linked to worries about the degeneration of the population. Eugenics, which identified favourable and unfavourable inherited traits, promoted the former and advocated measures to inhibit reproduction of the latter. As part of this process, what emerged was the invention of the modern notion of ‘intelligence’, which now becomes a criterion of social standing, notionally replacing those of class, race, and birth. This chapter examines a shift of mentality inherent in these developments, in the concern to shape the population into the kinds of people who can occupy a scientifically modelled form of civilization. At the core of this lies the shift from reason to rationality, and we explore some of the consequences of this shift.
Modern Sentimentalism
Authors: Mendelman Lisa 
Published: February 2020

Abstract
Modern Sentimentalism examines how American female novelists reinvented sentimentalism in the modernist period. Just as the birth of the modern woman has long been imagined as the death of sentimental feeling, modernist literary innovation has been understood to reject sentimental aesthetics. Modern Sentimentalism reframes these perceptions of cultural evolution. Taking up icons such as the New Woman, the flapper, the free lover, the New Negro woman, and the divorcée, this book argues that these figures embody aspects of a traditional sentimentality while also recognizing sentiment as incompatible with ideals of modern selfhood. These double binds equally beleaguer the protagonists and shape the styles of writers like Willa Cather, Edith Wharton, Anita Loos, and Jessie Fauset. ‘Modern sentimentalism’ thus translates nineteenth-century conventions of sincerity and emotional fulfillment into the skeptical, self-conscious modes of interwar cultural production. Reading canonical and underexamined novels in concert with legal briefs, scientific treatises, and other transatlantic period discourse, and combining traditional and quantitative methods of archival research, Modern Sentimentalism demonstrates that feminine feeling, far from being peripheral to twentieth-century modernism, animates its central principles and preoccupations.