bluuebunny/crossref_metadata_2025_split huggingface dataset:
Political Theology I
Authors: Bain William 
Published: July 2020

AbstractThis chapter argues that the idea of a system of states exemplifies the theory of imposed order. The chapter begins by exploring the relation between theology and early modern mechanical philosophy. Comparing the operation of political systems to the operation of impersonal machines commonly rested on a parallel between the creative activity of human beings and the creative activity of God. This parallel retains the structure of a theological mode of argument, although God plays no direct role in explaining how such a system produces and maintains order. The structure of this mode of argument is present in prominent accounts of anarchy and the balance of power and it is reflected in analogies and metaphors that are invoked to explain how a system of states works. The chapter illustrates the logical efficacy of this argument in the context of Kenneth Waltz’s structural realism. Waltz translates the nominalist mental universe of singular existents, radical contingency, and a system of external relations into a states system composed of atomistic units, uncertainty born of abiding insecurity, and a pattern of order that springs from self-help. When this theological ground is uncovered it is possible to imagine a states system theorized in terms of anarchy and balance of power as the political analogue of the theological problem of reconciling God’s freedom with the regular order of nature.
Military Conditioning and Moral Damage
Authors: Dobos Ned 
Published: July 2020

Abstract
Wherever there is a military establishment, men and women must be recruited into it and conditioned to be effective war-fighters. Whether or not they are ever deployed, there is a respect in which this conditioning is morally damaging to those involved. Combat training is geared towards making soldiers more comfortable with killing, so that they can do it repeatedly and efficiently in battle, without thinking too much or feeling too deeply. One of its aims is to enable recruits to use lethal violence without suffering emotional distress. But a morally decent person would experience distress in these circumstances. The upshot is that military conditioning is (or tries to be) morally damaging, or corrosive of virtue. It is morally injurious not by accident, but by design.
Martial Values in Civilian Life
Authors: Dobos Ned 
Published: July 2020

Abstract
Wherever there is a professional military organization, certain values must be cultivated in and celebrated by it, in order for it to effectively deploy organized violence on behalf of the state. But when these values penetrate into civilian society—as they almost invariably do—there can be pernicious results. This chapter takes a sample of three civilian domains—law enforcement, business, and education—and draws attention to some of the adverse consequences that their cultural ‘militarization’ has had. This analysis suggests that when the values, ideals, and assumptions of the armed forces encroach into, and take root in, civilian institutions, the proper functioning (or telos) of those institutions can be compromised.
Case Study
Authors: Leigland James 
Published: July 2020

Abstract
This chapter presents a case study of a recent water public–private partnership (PPP) in Rwanda, which has many of the hybrid features discussed in earlier chapters, including the use of blended finance. But the extensive use of blended finance needed to make this PPP commercially viable raises questions about how that blended finance was justified. How much subsidy in support of private finance is too much? Is it possible that a project like this may exceed a threshold beyond which it would be less expensive and more sustainable if implemented as a public project supported by concessional lending, rather than as a PPP with a relatively small measure of private finance (but all the costs and complexities that come with PPPs)? Are there more traditional contracting mechanisms that might work better than PPPs? Countries like India are experimenting with such alternatives to PPPs for less commercial projects in poorer regions.
Conclusions
Authors: Leigland James 
Published: July 2020

Abstract
For reasons discussed in preceding chapters, public–private partnerships (PPPs) are unlikely to have major positive impacts on achievement of the Sustainable Development Goals (SDGs) or on the provision of transformational regional infrastructure, as envisioned by the G20. PPPs will continue to play modest but still important roles in the cost-effective provision of infrastructure service in many developing countries, as long as they are well structured, appropriately supported, and carefully monitored and evaluated. But PPPs made sustainable with large measures of concessional finance will do a disservice in the developing world if they distract from the fact that the fundamental causes of poor infrastructure service delivery in developing countries have very little to do with the availability of private investment. Those causes involve things like government policies, institutions, technical capacity, as well as the political economy realities of these countries and their relationships with development partners
The Last Testament of the ICTY
Authors: Agius Carmel 
Published: July 2020

Abstract
This chapter presents reflections of Judge Agius, the last president of the International Criminal Tribunal for the former Yugoslavia (ICTY), on the experiences of the tribunal and its legacies. It discusses the emergence and unique nature of the tribunal, including its impact on other international criminal institutions. This contribution discusses the specific areas of legacy of the Tribunal, the role of different agents (judges, prosecutors, defence counsels, legal officers, and staff) and the ICTY’s larger contribution to a new era of accountability. The chapter weighs the successes and challenges of the ICTY, such as bringing perpetrators of sexual violence during conflict to justice; the protection of witnesses and victims before the ICTY; the importance of Outreach; and gender parity inside the Tribunal work. The chapter argues that the ICTY overall legacy is positive. However, much remains to be done, within and beyond the IRMCT, to encourage cooperation and genuine investigations and prosecutions at the domestic level.
Making Complementarity a Reality
Authors: Brammertz Serge 
Published: July 2020

Abstract
This chapter presents a prosecutorial perspective on the International Criminal Tribunal for the former Yugoslavia’s (ICTY) legacies. It traces the evolution of the Office of the Prosecutor from a service that is grounded in primacy of jurisdiction into a more complementarity-oriented actor, in which interaction with domestic systems is an essential element to achieving justice for serious international crimes. The author argues that the support provided to national justice sectors in the countries of the former Yugoslavia is one of the most important legacies of the ICTY. The Office of the Prosecutor (OTP) started to engage with new techniques—including establishing the Transition Team—when the ICTY Completion Strategy was put into force. The OTP referred cases to national judiciaries, which improved in their capacities to process war crimes cases. The chapter concludes that the OTP’s cooperation with national courts establishes a new model of collaboration between international and domestic courts.
The ICTY and the Defence Legacy
Authors: Rohan Colleen 
Published: July 2020

Abstract
The chapter presents a defence perspective on the legacy of the International Criminal Tribunal for the former Yugoslavia (ICTY). The role of the Defence was initially sidelined in institutional discussions on the tribunal. This chapter traces the creation, functioning, and activities of the Association of Defence Counsel Practising Before the ICTY (ADC-ICTY). It outlines the ADC-ICTY contributions to the institutional legacy of the ICTY in organizing, training, and representing defence counsel thereby improving legal practice and protecting the rights of the accused.
Meandering Jurisprudence and Unanticipated Legacies
Authors: Drumbl Mark 
Published: July 2020

Abstract
Assessments of the International Criminal Tribunal for the former Yugoslavia’s (ICTY) jurisprudential legacy tend to focus on the ICTY’s relationships with domestic criminal law. This chapter turns a new corner by examining the ICTY’s unexpected footprints in domestic civil litigation, specifically private tort claims brought in the US under the Alien Tort Statute (ATS, or Alien Tort Claims Act). Incorporation of international (including ICTY) materials in US ATS litigation remains a contested matter in which individual judges (both trial judges and appellate judges) demonstrate idiosyncratic behaviour. Some are ‘international law ignorers’, some are ‘international law enforcers’, some are ‘international law translators’, and some are ‘international law creators’. On this note, the ICTY’s legacy also touches upon broader questions of public international law and transnational legal migrations.
Lessons Learned from the Use of DNA Evidence in Srebrenica-related Trials at the ICTY
Authors: Vanderpuye Kweku , Mitchell Christopher 
Published: July 2020

Abstract
This chapter discusses legal issues associated with the collection, storage, and use of DNA evidence in international and national criminal trials. It draws on experience at the International Criminal Tribunal for the former Yugoslavia (ICTY) in the Srebrenica cases. It shows how DNA evidence was used to identify the number of victims in a mass grave, and links and patterns between a victim and one or more crime sites. The chapter argues that the probative value and admissibility of DNA evidence is maximized when used in conjunction with other forensic sciences (e.g. archaeology, pathology, and anthropology). Also that reliance on all forensic sciences, not just DNA analysis, is the most likely way of establishing a complete picture of the victim’s identity; as well as the cause, manner, and circumstances of the victim’s death.
Translating and Interpreting at the ICTY
Authors: Elias-Bursać Ellen 
Published: July 2020

Abstract
Procedures developed at the International Criminal Tribunal for the former Yugoslavia (ICTY) in response to issues concerning evidence translation and testimony interpretation have provided international criminal courts and tribunals with expertise and insight. These will shape the profession for decades to come. As to the impact on jurisprudence, the Conference and Language Service Section (CLSS), being part of Registry, played a key—often underestimated—role in ensuring the equality of arms between the parties. In a larger sense, the provisional nature of translated texts and interpreted testimony encourages challenges and disputes, and these discussions move the proceedings to a greater understanding; precisely because the obstacles presented by dealing with other languages and cultures force everyone in the courtroom to pay more attention to communication and meaning. It is this constant querying of what everyone thought they did or did not understand that takes these complex trials to completion and comprehension.
Punishing for Humanity
Authors: deGuzman Margaret M. 
Published: July 2020

Abstract
In determining sentences, the ICTY chose to develop global norms rather than adhere to, or even be strongly guided by, the sentencing norms of the former Yugoslavia. Although the ICTY Statute required the judges to consult national practices in determining sentences, they interpreted this requirement loosely, reserving to themselves a wide discretion that enabled them to identify a range of global sentencing objectives and factors to apply in pursuit of those objectives. The global norms the ICTY developed included norms rejecting harsh punishment, applying consequentialist punishment rationales, privileging gravity as the central sentencing factor, and endorsing broad judicial sentencing discretion. In developing these norms, the ICTY helped to build a foundation that other international courts, and perhaps some national courts, are likely to rely on for the foreseeable future.
Croatia’s Homeland War, the Battles Over Victor’s Justice, and the Legacy of the ICTY
Authors: Peskin Victor 
Published: July 2020

Abstract
The creation of the International Criminal Tribunal for the former Yugoslavia (ICTY) marked the affirmation and negation of the Nuremberg Tribunal's legacy. The ICTY had been given a mandate to continue in the legal footsteps of Nuremberg by prosecuting egregious violations of International Humanitarian Law (IHL). But the ICTY also established a lasting legacy all of its own by seeking to prosecute suspects from all combatant groups in the former Yugoslavia, including the victorious sides. The aim of this chapter is to twofold: (1) to assess how well the ICTY confronted the spectre of victor’s justice in the context of the Croatia case and (2) to examine the strategies the Tribunal and allied states used to overcome Croatian state non-compliance..
The Broken Path to Reconciliation in Bosnia and Herzegovina
Authors: Aloisi Rosa 
Published: July 2020

Abstract
The International Criminal Tribunal for the former Yugoslavia (ICTY) has delivered judgments adjudicating some of the most heinous crimes committed in the Balkans. As the Tribunal’s work comes to an end, judges leave behind a ‘memorial of words’ providing a vivid description of events and sites of atrocities. However, today local authorities in Bosnia and Herzegovina (BiH) use the same places where crimes were committed as a political tool of denial and battleground of ethnic divisions. This chapter assesses the tensions between the truth recounted by the ICTY and the construction of the local collective memory through an analysis of how the sites of atrocities are being used. This chapter argues that, while international justice offers some resolution to a post-war divided society, a full reconciliation is only possible when the communities acknowledge the occurrence of atrocities and the right of victims to visit these places to mourn and remember.
The ICTY, Truth, and Reconciliation
Authors: Clark Janine Natalya 
Published: July 2020

Abstract
Exploring the question of whether the International Criminal Tribunal for the former Yugoslavia’s (ICTY) work has contributed to inter-ethnic reconciliation in the former Yugoslavia, this inter-disciplinary chapter adopts a novel perspective by extending the purview beyond factual truths. It focuses on meta-normative truths. These higher-level truths are not about who did what to whom, but about human suffering and the (im)morality of particular behaviours and conduct in war. Precisely because they transcend ethnic belonging, these truths provide a stronger basis for building reconciliation than frequently-contentious factual truths. The chapter maintains that meta-normative truths have the greatest potential to alter localized meta-affective contexts that fuel denial, support for convicted war criminals and the persistence of competing ethnic narratives. Although the Tribunal has now completed its mandate, it can indirectly contribute to inter-ethnic reconciliation if the meta-normative truths implicit in its work are given more attention and actively utilized in reconciliation efforts.
Human Rights Unbound
Authors: Raible Lea 
Published: July 2020

Abstract
This book develops a theory of extraterritorial human rights obligations in international law. It links debates on human rights theory with those relating to extraterritoriality and merges accounts of economic social and cultural rights with those of civil and political rights. It advances four main arguments aimed at changing the way we think about extraterritoriality of human rights. First, it is argued that the questions regarding extraterritoriality are really about justifying the allocation of human rights obligations to specific states. Second, the book shows that human rights as found in international human rights treaties are underpinned by the values of integrity and equality. Third, it is argued that these same values justify the allocation of human rights obligations towards specific individuals to public institutions—including states—that hold political power over said individuals. And fourth, the book argues that title to territory is best captured by the value of stability, as opposed to integrity and equality. If these arguments are successful, their consequence is a major shift in how we view extraterritorial human rights obligations. Namely, the upshot is that all standards in international human rights treaties that count as human rights require that a threshold of jurisdiction, understood as political power, is met. However, on the present account, this threshold is not just a conceptual necessity but a normative one as well. It is needed because it not only describes, but also justifies the allocation of obligations.
Introduction
Authors: Raible Lea 
Published: July 2020

Abstract
The introduction begins by setting out puzzles that any account of extraterritorial human rights obligations would need to address. These puzzles are meant to illustrate that economic and social rights bring to the fore two of the most foundational issues of international human rights law more broadly. These are, namely, what it means for a state to have a human rights obligation towards an individual, and how we justify the specification of the relevant right holder and duty bearer in each case. A clear textual basis or even a starting point is lacking in international law. Making reference to economic and social rights forces us to frame extraterritoriality as a question of identifying right holders and duty bearers. In turn, answering this question allows us to challenge conventional wisdom on extraterritoriality in general. The Introduction sets out the method, theoretical background, and aims of this book, outlining the arguments based on the analysis of legal practice and scholarly literature, and their implications.
Norm Expression
Authors: Stahn Carsten 
Published: July 2020

Abstract
Expressivist theory suggests that international criminal justice can serve as a means to instil norms and values in international society through communicative justice and persuasion. The chapter demonstrates that contemporary practice shifts between norm expression and norm entrepreneurship. It relates norm expression to the imperfect structure of international law and the performative nature of crimes. It argues that norm expression is partially a counter-performance to crimes. It shows that international criminal justice has captured new space and forms of social behaviour through thematic investigations and prosecutions (e.g. sexual and gender-based violence, child soldiers, cultural property) and legal practice relating to core crimes. It illustrates how legal agents have used rhetoric techniques (e.g. narration, storytelling, and imagery) to reformulate some of the premises of underlying bodies of law (e.g. human rights law, international humanitarian law, and the law of the use of force).
The Stoics
Authors: Irwin Terence 
Published: July 2020

Abstract
The Stoics argue for two apparently conflicting claims: (1) Virtue is sufficient for happiness, because it is the whole of happiness. Hence Plato and Aristotle are wrong. (2) Goods apart from virtue (as Plato and Aristotle conceive them)—health, wealth, good fortune—are preferred indifferents; they deserve rational concern even though they are not goods and contribute nothing to happiness. Hence the Cynics are wrong. The human soul has no non-rational desires; passions are not non-rational conditions, but are simply false beliefs that different sorts of preferred and non-preferred indifferents are really good and evil. Reason controls not only human life, but the providential ordering of the cosmos as a whole. This providential ordering does not undermine human freedom and responsibility. Contrary to Epicurus’ views, predetermination of our actions still allows us to act freely and to be responsible for our actions.
Christian Belief and Moral Philosophy
Authors: Irwin Terence 
Published: July 2020

Abstract
Christian literature, from the New Testament onwards, pursues the main themes of ancient ethics, from the theological perspective derived from the Old Testament. Both Jewish and Christian writers defend their moral views by appeal to the natural law and natural reason that the Stoics acknowledge. The Christian Gospel does not reveal the moral law, but (1) makes us aware of how demanding it is, (2) shows us that we cannot fulfil its demands by our own unaided efforts, and (3) reveals that we can keep it through divine help that turns our free will in the right direction. These three claims underlie the Pauline and Augustinian doctrines of divine grace and human free will. Christian ethics looks forward to the ‘City of God’, which cannot be realized in human history. But it also engages with human societies in order to carry out the demands of the moral law.
Scotus and Ockham
Authors: Irwin Terence 
Published: July 2020

Abstract
Scotus and Ockham reject the Aristotelian outlook, as Aquinas presents it, and develop a voluntarist account of the will and of morality. In their view, determination by practical reason does not ensure free will; a free will must be wholly undetermined by reason. Nor can it be determined by the desire for one’s ultimate good; the impulse towards the right is separate from the impulse towards happiness. If we apply these principles to the freedom of the divine will, we find that God could not be free if the nature of right and wrong were independent of the divine will. We must infer that moral rightness and wrongness are ultimately constituted by divine commands.
Utilitarianism and Its Critics
Authors: Irwin Terence 
Published: July 2020

Abstract
Later defences of utilitarianism, by Lewis and Hare, support Sidgwick’s claim that the utilitarian outlook is the outlook of practical reason. They argue that the appropriate extension of sympathy requires imaginative identification with the pleasures and pains of other people, in a way that leads to the utilitarian attitude. Ross, however, argues that utilitarianism gives us neither a correct account of moral concepts nor a correct account of moral properties. When we consider what makes right actions right, we have good reason to agree with Price in rejecting utility as the supreme principle of morality. Rawls defends this argument against utilitarianism. To decide what our considered moral judgments commit us to, we describe fair conditions in which we can choose between different principles of justice. In these fair conditions we accept principles that conflict with utilitarianism, but conform to Kant’s principle of respect for persons as ends.
Prevalence and correlates of multiple behavioural risk factors of non-communicable diseases among university students from 24 countries
Authors: Pengpid Supa , Peltzer Karl 
Published: July 2020

Abstract

Background
Globally non-communicable diseases (NCDs) are on the increase. The goal of the study was to estimate the prevalence and correlates of multiple behavioural risk factors of NCDs among university students from 24 countries.

Methods
In a cross-sectional study, the sample included 18 017 university students from countries in Africa, the Americas and Asia.

Results
indicate that prevalence of single behavioural NCD risk indicators were 38.2% for physical inactivity, 80.5% for inadequate fruit and vegetables intake, 23.1% for having overweight/obesity, 10.5% for heavy alcohol use and 11.8% for current tobacco use. Students had on average 1.6 (SD = 0.9), and 15.9% had three or more behavioural NCD risk factors. In adjusted linear regression, male sex was positively and stronger beliefs in health benefits were negatively associated with multiple behavioural NCD risk factors.

Conclusions
A high prevalence and co-occurrence of behavioural risk factors of NCDs was discovered. Several behavioural NCD risk factors, such as male sex and low health behaviour benefits beliefs, were found that could be utilized in targeted interventions.