bluuebunny/crossref_metadata_2025_split huggingface dataset:
Demandingness as an Objection to Norms
Authors: Persson Ingmar 
Published: September 2021

Abstract
A moral requirement to be universally benevolent could be very demanding, i.e. it could take great sacrifices of the agent’s welfare to live up to it. It has been argued that this is an objection to its validity, but this is denied in this chapter. Any reasonable morality will comprise norms that are quite demanding, e.g. a norm to let ourselves be tortured to death when this is necessary to prevent a million or billion from suffering the same fate. However, the fact that a moral norm is demanding could mean that you are not blameworthy if you fail to comply with it. This fact could also be a pragmatic reason for you not to try to comply with this norm but with a less demanding norm if your failure to comply will have bad consequences.
Stereotypes and Epistemic Value
Authors: Puddifoot Katherine 
Published: September 2021

Abstract
How Stereotypes Deceive Us provides a conceptual framework that can be used to understand the various epistemic faults associated with stereotypes and stereotyping. Chapter 7 begins the task of developing this framework by assessing the adequacy of existing epistemological frameworks to the task of capturing the epistemic faults associated with stereotyping. Existing epistemological frameworks are categorized as upstream, downstream or static approaches. It is found that each of these types of approach has strengths and shortcomings with regards to the task of capturing the epistemic faults associated with stereotyping. It is argued that a full and complete account of the epistemic faults associated with stereotyping should therefore be pluralistic, drawing on the advantages and avoiding the shortcomings of each of the types of approach to epistemology.
Evaluative Dispositionalism
Authors: Puddifoot Katherine 
Published: September 2021

Abstract
This chapter outlines a new epistemic framework that can be used to capture the epistemic faults associated with stereotyping: evaluative dispositionalism. Those applying this framework to assess stereotypes and stereotyping will consider the dispositions associated with believing a stereotype. In particular, they will evaluate the whole dispositional profile of a belief: the dispositions manifest in forming the belief and those possessed due to believing. Evaluative dispositionalism is shown to have various advantages: it is suitably pluralistic yet simplistic and unifying; it provides a satisfying response to cases; it provides guidance on how to improve our ways of thinking; and it has the potential to perform important social and moral roles.
Technocratic internationalism
Authors: Steffek Jens 
Published: September 2021

Abstract
This chapter is dedicated to the guiding concept of the book and its grounding in social theory. Technocratic internationalism, it is suggested, should be understood with the help of modernization theory, in general, and Max Weber’s account of the expert bureaucracy, in particular. Weber’s theory of universal rationalization is associated with the advance of explicit rules, formal procedure, technical expertise, and disciplined communication in governing modern societies. These elements come together in Weber’s concept of the modern expert bureaucracy that is technically superior to pre-modern forms of public administration. The historical evidence shows that Weber feared bureaucratic modernization, because it eroded individual liberty and creativity. These internal tensions and ambiguities of technocratic modernity are a recurring theme in this book. The second part of the chapter explores the construction of an intellectual tradition. It clarifies how technocratic internationalism is a concept introduced ex post for analytical purposes: a heuristic tool that renders a strand of international theory visible, simply by giving it a name and suggesting that writings from different historical periods have enough traits in common to form such a tradition. The chapter also elaborates on the selection of authors and writings included in this volume.
Prophets of international technocracy
Authors: Steffek Jens 
Published: September 2021

Abstract
This chapter is focused on the emergence of technocratic internationalism. The first section shows how praise for rational public administration developed in philosophy. It discusses Henri de Saint-Simon’s ideas about the virtues of expert government; the utilitarianism of Jeremy Bentham and John Stuart Mill; and how German philosopher Georg Friedrich Wilhelm Hegel idealized Prussia’s efficient bureaucracy. From these philosophical foundations, the chapter proceeds to the professionalization of public administration that in the 19th century took place in all industrialized countries and some of their colonies. The trend spilled over to the international level in the form of the ‘international public unions’, expert bodies with administrative tasks which ignited the imagination of technocratically inclined visionaries. Having sketched the historical context, the second part of the chapter presents the first programmatic proposals for bureaucratic international governance. They were tabled in the 1880s, when international lawyers moved from an analysis of these public unions to a programmatic vision of international relations managed by these bodies. The discussion zooms in on the Russian law scholar Pierre Kazansky and the American political scientist Paul S. Reinsch, whose respective works offer clear examples of how colonialism influenced early thinking about international organizations.
Experts without borders
Authors: Steffek Jens 
Published: September 2021

Abstract
This chapter presents liberal varieties of technocratic internationalism from the interwar years. The first section sketches the tumultuous situation at the end of the First World War to set the stage for this discussion. Wartime cooperation among the Western allies became a point of reference for internationalism of the executive top-down type. The work of two British internationalists, James Arthur Salter and H. R. G. Greaves, illustrates this type of internationalism, and is the focus of the second section. These authors envisaged the economic and technical branches of the League as a continuation of the wartime ‘executives’ among the Western allies. The American Pitman B. Potter linked his vision of international expert administration to otherwise Wilsonian ideas about an international rule of law and the primacy of security. The third section is devoted to the more utopian kinds of technocratic internationalism of the interwar years. They are represented here by Leonard Woolf and G. D. H. Cole who applied ideas of functional government to the domestic and international level alike. The final section of the chapter turns to David Mitrany who developed the functional approach to international organization more systematically. It shows how Mitrany combined the pragmatic and utopian elements of technocratic internationalism into a new synthesis.
Transnational planning
Authors: Steffek Jens 
Published: September 2021

Abstract
This chapter is dedicated to non-liberal varieties of technocratic internationalism. The focus is on two largely forgotten authors who represent technocratic internationalism in the fascist and socialist context. I first consider the international theory of Giuseppe De Michelis, a Geneva-based Italian diplomat who developed a fascist approach to international cooperation. What he proposed in the early 1930s was a system of global economic governance coordinated by a powerful international organization. Projecting Italian corporativism to the international level, De Michelis envisaged a global scheme to allocate capital, labour, and raw materials, with a united ‘Eurafrica’ as avant-garde. The second part of the chapter considers the work of Francis Delaisi, a French political economist and journalist of the same generation. Delaisi was a syndicalist who late in his life came to sympathize with the way the Nazis re-organized the German economy. He was the author of the so-called ‘Delaisi plan’, a scheme of transnational public works intended to unite the European continent. The idea behind this plan, presented in 1931, was to bring together the ‘two Europes’ that he found to co-exist on the same continent: the industrial core in the North-West on the one hand and the far less developed areas in Eastern and Southern Europe on the other.
Working the machinery
Authors: Steffek Jens 
Published: September 2021

Abstract
This chapter explores how technocratic internationalism found new fields of application in international development and regional integration. During the 1950s and 1960s, a new generation of international organizations began to work on the socio-economic tasks that functionalists had recommended for international action. With the expansion of the United Nations system of organization, global governance took a markedly technocratic but also a welfarist turn. In this explicit orientation towards human welfare and concrete projects, they differed from the technical standard setting organizations active since the 19th century. The concept of socio-economic development was congenial to functionalists since its promise of progress is linked to the technocratic belief in technical solutions. Functionalism also became a textbook doctrine for European integration, with the European Coal and Steel Community of 1951 as a direct product of functionalist thinking. This chapter also discusses the professionalization of political science in the 1950s and 1960s, where scholars began to perceive Mitrany’s ideas as ‘reformist ideology’ rather than as a serious theory of international organization. To remedy these defects, American political scientist Ernst Haas re-formulated it as ‘neo-functionalism’. Although ostensibly an empirical-analytical approach eschewing normative commitments, neo-functionalism remained committed to the ideal of rationalized governance.
Belief, Inference, and the Self-Conscious Mind
Authors: Marcus Eric 
Published: September 2021

Abstract
It is impossible to hold patently contradictory beliefs in mind together at once. Why? Because we know that it is impossible for both to be true. This impossibility is a species of rational necessity, a phenomenon that uniquely characterizes the relation between one person’s beliefs. I argue that the unity of the rational mind—what makes it one mind—is what explains why, given what we already believe, we can’t believe certain things and must believe certain others in this special sense. And what explains this is that beliefs and the inferences by which we acquire them are constituted by a particular kind of endorsement of those very states and acts. This, in turn, entails that belief and inference are essentially self-conscious: to hold a belief or to make an inference is at the same time to know that one does. An examination of the nature of belief and inference, in light of the phenomenon of rational necessity, reveals how the unity of the rational mind is a function of our knowledge of ourselves as bound to believe the true. Rational self-consciousness is the form of mental togetherness.
The Self-Consciousness of Belief
Authors: Marcus Eric 
Published: September 2021

Abstract
I argue that to believe that p is to know that you believe that p and to know it simply by believing it. The following three premises entail the inseparability of belief from knowledge of belief: (i) S believes that p only if S is able to honestly assert that p; (ii) S is able to honestly assert that p only if S is able to avow the belief that p; and (iii) S is able to avow the belief that p only if S knows that she believes that p. I defend each premise from objections, paying special attention to the phenomenon of self-deception. I show that one can hold both that belief is essentially self-conscious and that people are sometimes wrong about what they believe. Ultimately, I use the theory of belief developed in chapter one to account for doxastic self-consciousness.
The Challenge for an Account of Inference
Authors: Marcus Eric 
Published: September 2021

Abstract
The Taking Condition looms large in recent discussions of inference: in inferring q from p, one draws the conclusion in light of one’s representing p as supporting q. This condition highlights two elements of inference. First, a causal element: via the inference, the subject arrives at a belief. Second, this arrival transpires in virtue of the subject’s endorsing the thought: p supports q. Inference thus joins two elements: one causal, the other evaluative. I show in this chapter that extant accounts fail to properly join these two elements. They fail because the two elements are not, as is generally assumed, separable. Inference is the endorsement of a thought that the ground supports the grounded and this endorsement amounts to a causal connection between the corresponding beliefs. The difficulty is in seeing how a thought could not merely register the presence of, but actually constitute the causal relation between beliefs.
Inference without Regress
Authors: Marcus Eric 
Published: September 2021

Abstract
A central obstacle for an account of inference is to show how it is possible to satisfy the Taking Condition without engendering a vicious regress. This is the lesson of Carroll’s Paradox. The basic difficulty is this: whatever knowledge one employs in judging that the premises support the conclusion would seem itself to be part of what supports the conclusion, thus requiring a further piece of knowledge. I argue that inferring is a matter of understanding the relevant propositions well enough to recognize that it is impossible for premises that one accepts to be true and the conclusion to be false, so that one sees the conclusion as what must be true, thereby believing it. Nothing more is required for inference than the proper understanding of premises and conclusion.
Criminological Reformism and Transnational Criminal Law (1870s–1930s)
Authors: Pifferi Michele 
Published: September 2021

Abstract
Michele Pifferi focuses his attention on the generally ignored fact that in the late 19th and early 20th centuries influential criminological reformers relied heavily on the notion of ‘social defence’, which provided a foundational conceptual justification for the modernization of approaches to the transformation of criminal law to meet transnational criminal threats. He shows how they used international associations such as the AIDP as venues for developing their ideas about modernization of practices and institutions, and then used these associations to influence state practice through treaty making.
The Growth of the Multilateral Suppression Conventions in the First Half of the 20th Century
Authors: Boister Neil 
Published: September 2021

Abstract
Neil Boister surveys the history of the crime suppression conventions from the beginning of the 19th century but with the main focus being on the inter-war period in the 20th century. He shows how the indirect system of application through national criminal law and sustained respect for what might be called penal sovereignty made it difficult for scholars of the day to incorporate these offences within a grand scheme of international criminal law.
A Short History of Smuggling of Migrants in International Law
Authors: Schloenhardt Andreas 
Published: September 2021

Abstract
Andreas Schloenhardt describes how the turn to criminalization of migrant smuggling has to be seen against the background of the post-Cold War period and the clamp-down by Western states on smuggling across their borders, reconstructed now as a security threat. The fact that this criminalization remains in tension with the relative neglect of migrant’s human rights he argues, reveals the true nature of the Protocol as a suppression convention.
The Origins of International Anti-Corruption Law
Authors: Rose Cecily 
Published: September 2021

Abstract
Cecily Rose uses the failed negotiation of an agreement about illicit payments in the UN in the 1970s to throw light on how the international legal definition of corruption became constricted to a narrow focus on bribery even though developing states were seeking a broader instrument that included ethical standards for transnational corporations to control rampant corporate corruption and political interference in developing states.
The Illicit Trade in Cultural Objects
Authors: Visconti Arianna 
Published: September 2021

Abstract
Trying to explain why it has taken so long, Arianna Visconti traces the relatively recent evolution of attempts to suppress the trafficking in cultural objects towards criminalization. She sets out how the halting attempts to criminalize in the failed Council of Europe’s Delphi Convention have reached only potential fruition in the latest pure criminal law treaty, the Council of Europe’s 2017 Nicosia Convention, and questions whether criminalization really is the solution.
A Historical Perspective on Modes of Liability in Transnational Criminal Law
Authors: Petzsche Anneke 
Published: September 2021

Abstract
Anneke Petzsche explores, through analysis of the provisions on modes of responsibility in the suppression conventions, whether there is a general part of transnational criminal law. While the suppression conventions have spelled out the conduct elements of the offences, and latterly paid more attention to differentiating perpetration and participation, nevertheless, she argues that the necessary margin of domestic appreciation given to states when criminalizing, a margin of appreciation that preserves domestic doctrinal coherency, disrupts the coherence of any general part.
The Making of Modern International Extradition Law
Authors: Harrington Joanna 
Published: September 2021

Abstract
Joanna Harrington traces the development of modern extradition law back to the 19th century. Against a background of interactions between different states legal systems, the impact of peace treaties, the impact of the law of asylum, the growing use of multilateral treaties and the importance of counter-terrorism law, she conducts us on a tour of the principal flash-points in extradition, and the measures such as the political offence exception, and exceptions to this exception, taken to defuse them.
The Global Commons and Common Interests: Is there Common Ground?
Authors: Oral Nilufer 
Published: September 2021

Abstract
The global commons, or common areas, are those areas that lie beyond the national jurisdiction and control of any state. In general, these areas include the deep seabed, the high seas, the atmosphere, the Moon and outer space, and Antarctica. However, other than falling under a common nomenclature there is no common regime that applies to these common areas, or global commons. This chapter examines the different regimes of common heritage, common concern, and the freedom of the high seas, as they apply to the different global commons looking at the specific case of the new international legally binding instrument for conservation and sustainable use of biological diversity in areas beyond national jurisdiction under negotiations at the United Nations. In conclusion the legal landscape that emerges for the global commons is one more of variation than commonality.
Can Multilevel Trade Governance Protect Global Public Goods without Constitutional Restraints?
Authors: Petersmann Ernst-Ulrich 
Published: September 2021

Abstract
Legal history confirms that general interests of citizens can be protected most effectively through ‘democratic’ and ‘republican constitutionalism’ protecting constitutional rights and remedies of citizens and of their democratic and judicial institutions to hold governments accountable for providing public goods (PGs). Yet, the United Nations (UN), World Trade Organization (WTO), and related multilevel governance institutions do not effectively protect general interests and corresponding rights of citizens. The inadequate legal, democratic, and judicial accountability of intergovernmental power politics entails that – outside Europe’s multilevel ‘common market constitutionalism’ and ‘human rights constitutionalism’ – many governance institutions fail to protect transnational PGs effectively. This contribution explains why – even if ‘global democracy’ remains a utopia – today’s universal recognition of ‘inalienable’ human rights and of related constitutional principles requires re-interpreting the power-oriented ‘international law of states’ as multilevel governance of transnational PGs for the benefit of citizens and their constitutional rights.
Water as an Impure Global Public Good and the Impact of Procedural Rights on its Protection
Authors: Staiano Fulvia 
Published: September 2021

Abstract
The achievement of ‘universal and equitable access to safe and affordable drinking water for all’ is among the goals set by the 2030 Agenda for Sustainable Development. This objective is related to the recognition of water as a human right, and to the qualification of water as a vital resource to preserve. This chapter reflects on the possibility of qualifying water as a global public good (albeit an impure one). To this end, and without any pretence of exhaustiveness, the chapter examines significant examples from international and domestic jurisprudence that show an emerging judicial awareness of the broader collective impact of questions related to the preservation of and access to water. In this context, specific attention is paid to the role played by environmental non-governmental organizations (NGOs) in fostering such awareness, thanks to the recognition of procedural rights before international and domestic courts.
Protecting the Atmosphere as a ‘Global Common Good’
Authors: Bakker Christine 
Published: September 2021

Abstract
Atmospheric degradation has progressively been recognized as an international concern and several conventions have been adopted to regulate harmful activities. Nevertheless, international law on the protection of the atmosphere is still fragmented, and insufficient to respond to the multiple threats that it faces. This chapter aims to consider what are the possibilities and constraints in international law for recognizing the atmosphere as a global common good. The author examines: (i) what would be the legal consequences of recognizing the atmosphere as a global common good or as a common concern of humankind; (ii) whether the applicable international law already includes any references to the recognition of the atmosphere as such; and (iii) what are the challenges and constraints for doing so.
Enhancing ICJ Procedures in Order to Promote Fundamental Values
Authors: Almeida Paula Wojcikiewicz 
Published: September 2021

Abstract
By developing international law, international courts – ‘intermediate Global Public Goods (GPG)’ – can also contribute to the protection and promotion of final GPG. The International Court of Justice (ICJ), in particular, is capable of promoting GPG by adjudicating inter-state claims. However, one of the main obstacles faced by the World Court relates to the existing tension between the bilateral nature of its own proceedings and the multilateral nature of the conflicting substantive law. Considering that procedure may guide and shape the application of substantive law, it will be argued that it should itself be interpreted and developed in a manner to ensure community interests. This chapter argues that the Court should assume expanded procedural powers in order to ensure the effective application of substantive law whenever GPG are at issue. Most procedural rules can be adjusted and tailored for multiparty aspects with the aim of protecting community interests and enhancing the international court’s legitimacy.