bluuebunny/crossref_metadata_2025_split huggingface dataset:
Controlling Recoverable Costs
Authors: Jackson Rupert 
Published: June 2020

Abstract
The chapter reviews the system of fixed recoverable costs in Germany, noting its obvious benefits although that system cannot be transplanted to England and Wales. The chapter argues that in the English context the best we can do is to fix recoverable costs in lower value cases. The chapter summarizes the author’s recent work in this field and sets out his proposals for introducing fixed recoverable costs in lower value cases in England and Wales. Those proposals are currently under consideration by the government, following a recent consultation.
Inherent Jurisdiction and the Limits of Civil Procedure
Authors: Sime Stuart 
Published: June 2020

Abstract
This chapter considers the modern scope and limitations on the use of the court’s inherent jurisdiction in common law jurisdictions. It considers the underlying juridical basis for the jurisdiction, and the underlying theories, namely that residuary powers were vested in the High Court in England and Wales by the Judicature Acts, and that all courts have inherent powers to prevent abuse of process. It considers the ramifications of the distinction between inherent jurisdiction and inherent powers. Changes in the legal landscape since the seminal articles by Master Jacob and Professor Dockray, including the codification of civil procedure in many common law jurisdictions, and modern understanding of the rule of law and the separation of powers, are considered. It is argued that while existing applications of the inherent jurisdiction should be retained, it is no longer acceptable for the English High Court, and equivalent courts in other jurisdictions, to generate new procedural law by resorting to the inherent jurisdiction.
Asymmetric Violence and the State of the Field
Authors: Renic Neil C. 
Published: June 2020

Abstract
This chapter reviews the literature addressing the challenge of radical asymmetry, with a particular focus on gaps in the research. The most significant of these is the consistent failure of existing sources to engage the principle of reciprocal risk in a theoretically and historically rigorous way. This chapter then outlines the methodological response of this book. It will first determine the extent to which—amidst the change and variance of the history of war—a thread of reciprocal risk has endured as an underpinning assumption in both the warrior ethos and Just War Tradition. Alongside this, the book will undertake a more specified analysis of the asymmetry-challenges of military sniping, manned aerial bombing, and UAV-exclusive violence.
Conclusion
Authors: Renic Neil C. 
Published: June 2020

Abstract
This concluding chapter revisits the main contentions of the book. This will commence with an overview of the significance and implications of the moral challenge of radical asymmetry. The broader relevance of these findings for ongoing debates within the Just War Tradition and laws of war will then be detailed. This will include analysis of the likely impact of the widening gap between what is morally justifiable on the battlefield and what is the legally permissible. The chapter will conclude by assessing how the challenge of radically asymmetric violence is most likely to develop from this point onwards, as the technology that enables it proliferates globally.
Educating Palestine
Authors: Furas Yoni 
Published: June 2020

Abstract
Educating Palestine tells the story of an emergent educational and historical discourse in Mandate Palestine as a space of negotiation between colonial administrators, pedagogues, teachers and students, one of essential importance to the formation of the Palestinian and Zionist (imagined) national self-portrait. It traces and delineates a genealogy of Palestinian pedagogic and historical knowledge through a combination of oral history, students’ journals and extensive archival work in the Zionist, Israeli State and Hagana archives. It intimately portrays its protagonists, teachers and students, emphasizing the encounter between them and the written text and the encounter between them and the national Other.Through an analysis of history textbooks, history syllabi and the history lesson, Educating Palestine investigates the way in which the old-new politics of identity in turbulent Palestine wrote itself into the past and literally change history. The incorporation of Arabic and Hebrew sources and a juxtaposition of the two education systems allows to highlight the reciprocal relations between the two. The book explores the continuous scrutiny and imagination of the national Other of both Hebrew and Palestinian pedagogues and its role in the crystallization of their national pedagogy. It argues that the evolution of education in Palestine stems from this interdependency.
Tenacity, Perseverance, and Imagination in the ‘Private International Prosecution’ of Hissène Habré
Authors: Brody Reed 
Published: June 2020

Abstract
This chapter focuses on Human Rights Watch’s strategy, challenges, the role played by civil society, and the strokes of fate that accompanied the twenty-year effort to convict Hissène Habré. The Habré trial was the fruit of what has been called ‘one of the world's most patient and tenacious campaigns for justice’. This campaign was waged over two decades by Habré's victims and their supporters, who improbably succeeded in creating the political conditions to bring a former African president to justice in Africa, with the support of the African Union. The victims' coalition ‘essentially served the case to the EAC on a silver platter’, determining the contours of the prosecution and dictating the nature of the trial itself, thereby contributing to its emancipatory impact. Ultimately, the Habré case shows how a ‘private international prosecution’ can allow victims to achieve criminal justice on their own terms.
In His Own Words
Authors: Gazette La 
Published: June 2020

Abstract
This chapter presents Hissène Habré's own thoughts on his regime and his threatened extradition, excerpted from his 2011 interview with Senegalese reporters from La Gazette. Habré moved to Dakar, Senegal following his expulsion from Chad in 1990, where he lived as a private citizen in an upscale residential neighbourhood. Although he left public politics, he participated in local Muslim political life in Senegal, and was protected by Senegal's President Abdoulaye Wade. However, waves of international attention put pressure on Senegal to extradite or prosecute Habré. On 25 July 2011, a film crew and reporters from La Gazette interviewed Habré in his home in Almadies. It was rumoured that President Wade was preparing to extradite Habré to Chad, where he had already been sentenced to death, in absentia, under Idriss Déby's regime. In response, Habré broke his typical media silence and agreed to an interview. In this interview, Habré did not deny that ‘there were deviations or blemishes’ under his regime, but he insisted that he is not responsible for these.
Reflections on the Habré Appeals Decision
Authors: Wafi Judge Ouagadeye 
Published: June 2020

Abstract
This chapter offers reflections of EAC Appeals Judge Ouagadeye Wafi, who discusses producing the highly anticipated appeals decision. Specifically, he comments on the challenge of ruling on multiple procedural challenges raised by the defence, as well as the reasoning behind maintaining the conviction in its entirety save for acquitting Hissène Habré of personally raping Khadidja Hassan Zidane. In hindsight, the main challenge presented by the appeal was to satisfactorily deal with the recognition of the civil parties and the question of compensation with only twenty-eight working weeks to do so. Although Judge Wafi did not observe any political influence or pressure, he feels that the time limit, albeit understandable and intrinsically linked to the budget, served to hinder the work of justice, which in itself should not be so strictly regulated. As a result, the Appeals Court was forced to encumber the Trust Fund for Victims with tasks that it could have undertaken itself had it had the necessary human, financial, and time resources. Particularly in terms of eligibility, this would have allowed the victims to definitely be in the know at the time of the verdict was announced, and which would also have prevented new actors from the need to delve into such a sprawling file, saving precious time.
Expertise in the Bench? The Dis-embeddedness of International Criminal Justice
Authors: Seroussi Julien 
Published: June 2020

Abstract
This chapter discusses how contextualizing facts can alter judicial outcomes, arguing for the necessity of developing a sociological theory about the facts of a case in order to ascribe responsibility in a court. Judges in international courts have very sparse access to information when they have to judge foreign situations from abroad. Thus, judges elaborate what can be called ‘folk sociological theories’ (FST), which are sociological narratives that can provide them with a grasp of the situation and a guide for the selection of facts that can demonstrate responsibility or guilt in the accomplishment of crimes. The chapter applies FSTs to the Germain Katanga and Mathieu Ngudjolo cases, suggesting that they raise important conceptual implications for understanding the epistemological limitations of international criminal proceedings. It also considers the production of FSTs through a pragmatic approach, showing when FSTs successfully produce the irrelevance of facts in fact-finding processes, and when they fail the reality tests of legal procedure.
The ICJ’s Senegal v Belgium Judgment and the Obligation to Prosecute or Extradite Alleged Torturers
Authors: Ventura Manuel J , Băieşu Victor 
Published: June 2020

Abstract
This chapter addresses the wider jurisprudential frameworks established by the International Court of Justice (ICJ) in its decision regarding the extradition of Hissène Habré. The judgment in the Questions Relating to the Obligation to Prosecute or Extradite (Belgium v Senegal) case was the first judgment in which the ICJ's judges authoritatively articulated the material scope and the measures necessary for the implementation of an obligation to prosecute or extradite. In this case, this obligation arose under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Torture Convention) (1984). The ICJ's judges also decisively held that the prohibition of torture had attained the status of jus cogens and that the existence of a common interest of State Parties to the Torture Convention (1984) in the compliance with erga omnes obligations alone suffices for any State Party to have standing to invoke the responsibility of any other State Party for breaching such obligations. These were broad-reaching, novel, and significant findings with potential reverberations beyond the Habré case. The chapter then analyses the impact of these ICJ pronouncements in the context of the ICC's arrest warrants against Sudan's Omar Al Bashir who, since being deposed in April of 2019, now only enjoys functional immunity ratione materiae.
Hissène Habré, the Little Bird on the Branch, and the Challenges of International Criminal Justice
Authors: Hazan Pierre 
Published: June 2020

Abstract
This chapter discusses the geopolitical and temporal context of the Hissène Habré trial. The trial, held in Dakar in 2016, and concluding with a sentence of imprisonment for life for ‘crimes against humanity, war crimes, and crimes of torture’ for the ex-dictator, was a historic one on many levels. It set important precedents in the struggle against impunity in Africa and testifies to the slow construction of a system of global justice. It also gives a foretaste of even greater challenges that criminal justice in Africa must meet. The chapter then demonstrates that the Chadian ex-dictator's trial was only held thanks to a singular conjunction of judicial and political factors. More precisely, the case against Habré was solid, but the creation of the Extraordinary African Chambers (EAC) was, essentially, the product of a power struggle created and won by Habré's victims and international human rights organizations. This, in and of itself, questions the respective places of law and politics in the processes of transitional justice.
The ICC and Africa
Authors: Goldstone Richard 
Published: June 2020

Abstract
This chapter assesses Africa’s relationship to international justice via its fraught contestation of the International Criminal Court (ICC). The relationship between Africa and the ICC is a complex and complicated one. There is a tension between the strong desire of most African states and their people to bring justice to the victims of war crimes and the perceived bias against Africa arising from the fact that all but one of the eleven situations before the ICC relate to African states. The problem is exacerbated by the failure of the Security Council to refer to the ICC egregious cases of war crimes committed on other continents and particularly in Sri Lanka and Syria. The chapter then looks at the politics of the relationship between the ICC and Africa and how the optics have changed during the first fifteen years of the active life of the ICC. It also considers the future of the ICC in Africa and highlights the importance of positive complementarity.
Directionality and Virtuous Ends
Authors: Ripstein Arthur , Tenenbaum Sergio 
Published: June 2020

Abstract
This chapter examines the question of the moral status of animals in Kantian moral theory. Kant’s view that all our duties regarding non-human animals are duties to ourselves is widely thought to capture neither the content of these duties nor their ground. The chapter, therefore, focuses on the supposed problem of the directionality of our moral obligations. It seeks to articulate and defend an account of Kant’s understanding of the directionality of duty, and to deploy it to explain and defend his notorious claim that our duties regarding animals are duties to ourselves. More generally, we seek to explain the relation between the content of a duty and its directionality. The chapter identifies three possible sources of the directionality problem: the issues of it involving the wrong content, or a kind of instrumentality, or a kind of contingency. It argues that the contingency worry is the key one and suggests a response to it.
Introduction
Authors: del Guayo Íñigo , Godden Lee , Zillman Donald N. , Montoya Milton F. , Juan González José 
Published: June 2020

Abstract
Energy Justice has emerged as a pressing concern in many parts of the world, driven by factors as diverse as global inequality and poverty, climate change and environmental degradation, and the need to ensure effective economic transitions in the eneegy sector. In this chapter, the editors assess the current trends in energy law and energy justice in terms of fairness, sustainability, and universal access. In this assessment, they take into account the Sustainable Development Goals (SDGs) and the realities of different energy markets. The Introduction canvasses the variety of approaches to determining energy justice which are covered in the subsequent chapters. The approaches to justice are premised on four themes: distributive; procedural; restorative and recognition justice that are explored in theoretically informed chapters and in the case studies grounded in national and regional experience.
Energy Justice
Authors: McHarg Aileen 
Published: June 2020

Abstract
The explosion of interest in energy justice as a guiding principle for energy law and policy is a highly significant development with potentially radical implications. This ‘ethical turn’ is associated with increased attention to energy matters by social scientists, driven by disillusionment with neo-liberal energy policies and the challenges of the energy transition. Energy justice scholars seek a more holistic, human-centred approach to energy decision-making, which understands the fundamental importance of energy and energy systems to human flourishing, and the complexity of energy decision-making as a socially-embedded phenomenon involving more than merely technical and economic considerations. However, review of the literature reveals a range of different conceptual and theoretical understandings of energy justice in play, which are not always fully developed or mutually consistent. More attention is also required to questions of implementation, particularly what implications energy justice might have for legal and regulatory systems, as well as judicial decision-making.
Energy Justice Along the ‘New Silk Road’
Authors: Boute Anatole 
Published: June 2020

Abstract
Central Asia holds massive energy reserves, but its energy systems are generally unreliable and inefficient. Although the region’s energy prices are amongst the lowest in the world, increasing prices to improve utilities’ financial situations and ensuring the urgently needed investments are made are issues of high social and political sensitivity. Popular discontent with tariff increases has already helped to trigger regime change in Kyrgyzstan in 2010. Given the sensitivity of energy price increases and tight budgetary constraints in the region, what legal options are available to restore utilities’ financial viability without jeopardizing the affordability of energy supply? Focusing on procedural justice, this chapter argues that domestic courts have an important role to play in balancing utilities’ right to cost-recovery tariffs and consumers’ rights to affordable energy supply.
Energy Justice and Energy Transition in Australia
Authors: Godden Lee 
Published: June 2020

Abstract
Australia is in energy transition despite a national policy supportive of fossil fuels. Regional and remote areas, however, remain dependent on fossil fuels, including diesel. Renewable energy is becoming accessible for some regional communities, due to renewable energy incentives. This chapter considers the energy transition in Australia through the energy justice lens. It analyses the distribution of benefits and burdens of energy activities upon remote Indigenous communities, and examines energy price impacts and consumer protection reforms in liberalized electricity markets in the south. The analysis examines how social justice needs to inform the energy transition, also recognising that energy injustice cannot be separated from other social ills, such as poverty and discrimination based on factors including class, race, gender, or indigeneity. It concludes that there are significant protections emerging for energy consumers in the national electricity market, but an inequitable distribution of energy benefits and burdens in remote Aboriginal communities.
Reflection on China’s Energy Justice During a Transitional Period
Authors: Mingyuan Wang , Xue Yang 
Published: June 2020

Abstract
China’s economic model is transforming from a traditional planned economy to a modern market economy, in which context great changes have also taken place in the field of energy. From law, policy, and reform perspectives, this chapter aims to systematically describe the new trend of China’s energy development, including marketization, humanization, and ecologicalization. Based on the theory of energy justice, in particular, distributive justice and intergenerational justice, this chapter will also analyse the coincidence between the new trend of China’s energy development and energy justice, and find out the gap between them. In the transitional period, the Chinese government has made remarkable achievements in energy justice, but there is still a long way to go.
Legal Dimensions of Access to Modern Energy Services in Africa
Authors: Omorogbe Yinka 
Published: June 2020

Abstract
This chapter examines strategies to achieve access to electricity, premised against the necessity for legal solutions and structures that will stimulate or encourage effective implementation of necessary objectives. It primarily focuses on three sub-Saharan African countries, Nigeria, Ghana, and Rwanda, while drawing examples as necessary from other countries in Africa. It opines that electricity access has to be pro-poor. Also that the success or failure of governments to increase energy access is tied to their realization of the criticality of electricity as a catalyst for development, and to the presence of effective policies. Synergy between critical actors is also an essential component.
‘Temporarily’ Abroad: Partisan Organisation and Mobilisation outside Australia
Authors: Gauja Anika 
Published: June 2020

Abstract
This article explores the relationship between partisan organisation outside a country of origin and the voting rights and migration patterns of its citizens. Using Australian political parties operating overseas as case studies, it examines the extent to which the electoral context of expatriate voting influences why and how parties establish organisational structures abroad. Electoral law in Australia allows citizens to vote while living overseas only for a limited period—as long as they intend to return to Australia within six years. Because of this relatively limited opportunity, we might expect party organisations abroad to exist primarily to mobilise support at election times in areas where there are high concentrations of Australian expatriate voters, rather than create lasting communities of partisan supporters. The article finds, in line with this expectation, that ‘parties abroad’ are relatively modest, geographically rooted in cities with large expatriate populations and facilitated by online and social media technologies.
Getting Cold Feet in the First World War: Leaky Boots, Trench Foot and Vernacular Medicine Among British Soldiers
Authors: McWhinney Georgia 
Published: June 2020

Summary
During the First World War, trench warfare spurred the onset of various medical conditions. Yet, when soldiers fell ill, it was not immediately recognised that some maladies stemmed from contamination—soiling, infestation and poisons—in their uniforms. With a new focus on preventive medicine, doctors and medical scientists investigated numerous medical conditions that spread through contaminated uniforms. It is well known that these medical professionals developed a body of knowledge on the prevention of uniform contamination. It is far less known that soldiers also developed a set of medical ideas. Different ‘systems of medical ideas’ developed simultaneously during the Great War, and this is demonstrated through the study of trench foot. This article employs soldiers’ voices not only to highlight their reliance on vernacular medicine in the trenches but also to reformulate the boundaries of medical practice and ask who can be considered a medical practitioner.