bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Cyberspace and the Common Heritage of Mankind
Authors: Serrano Antonio Segura 
Published: September 2021

Abstract
This chapter analyses whether and on which legal basis the Internet can be considered as part of the common heritage of mankind and, from this perspective, what legal implications would ensue therefrom in relation to the governance of the Internet. Even if cyberspace is not a perfect commons, Internet governance through the contours of the common heritage of mankind concept is an innovative proposal that may be successfully added to the discussion, since the features of this notion seem to create a better legal framework for Internet governance than the present multi-stakeholder approach. This proposal provides one of the best legal frameworks available in international law to achieve the common management of global critical resources for the benefit of all.
The International Criminal Law Aspects of the Protection of Global Commons: The Case of Cultural Heritage
Authors: Capone Francesca 
Published: September 2021

Abstract
This chapter addresses the international criminal aspects of the protection of global commons, with particular regard to cultural heritage. As the general principle of respect for cultural heritage transcends the classic scheme of state responsibility for wrongful acts, international criminal law is recognized as one means of protecting cultural heritage for transmission to future generations. In order to reflect on the capacity of international criminal law to effectively enhance the protection of cultural heritage, first, this chapter aims at providing a critical overview of the existing international legal framework as enshrined in the relevant instruments criminalizing any form of intentional destruction of cultural property. Second, the analysis will focus on the role of the International Criminal Tribunal for the former Yugoslavia (ICTY) and its groundbreaking case law. Third, this chapter will discuss the most recent developments of international criminal practice as it applies to the destruction of cultural heritage, examining in particular the Al Mahdi case.
Community Interests in World Trade Law
Authors: Tietje Christian , Lang Andrej 
Published: September 2021

Abstract
This chapter examines the question on whether World Trade Organization (WTO) law protects community interests, revisiting the interrelated scholarly debates about whether the WTO’s legal system resembles a ‘constitution’ or a ‘contract’ and whether WTO obligations are ‘bilateral’ or ‘collective’. The first part of the chapter addresses challenges that are brought forward against the WTO system pursuing community interests; in particular that it only sets forth bilateral obligations, disregards nontrade values, and is unfair to developing countries. The second part examines structural elements of WTO law that are indicative of community interests, namely the non-discrimination principles, the limits on derogability, and the design of enforcement mechanisms. The chapter concludes that WTO law protects the community interest of promoting an essentially rules-based and fair world market. It argues that the core concern of WTO law is to protect trade-conducive structures that enable and further global economic activity for the purpose of generating overall welfare.
Cultural Heritage as ‘Common Concern’: Role of International Organizations and States
Authors: Vrdoljak Ana Filipa 
Published: September 2021

Abstract
This chapter explores the evolution of cultural property as the ‘common concern’ of the international community by focusing on its protection during armed conflict and belligerent occupation. By focusing on the role of international organizations over the last century, it examines the development of the rationales for this protection and related obligations concerning safeguarding and prosecution of violations. It charts the drive to realize a specialist instrument on the protection of cultural property during armed conflict and the enforcement of these obligations through the various phases of the evolving membership and priorities of the Intellectual Cooperation Organisation (ICO) and United Nations Educational, Scientific and Cultural Organization (UNESCO). It is shown that despite the changing fortunes of these specialist international culture organizations themselves, the core commitment by the international community to the articulation of the protection of cultural property during armed conflict as a common concern of humanity and the obligation to prosecute violators of these norms has strengthened over decades.
Nationalism, Secessionism, and Autonomy
Authors: Lecours André 
Published: September 2021

Abstract
The strength of secessionism in liberal democracies varies in time and space. Inspired by historical institutionalism, this book argues that such variation is explained by the extent to which autonomy evolves in time. If autonomy adjusts to the changing identity, interests, and circumstances of an internal national community, nationalism is much less likely to be strongly secessionist than if autonomy is a final, unchangeable settlement. Developing a controlled comparison of, on the one hand, Catalonia and Scotland, where autonomy has been mostly static during key periods of time, and, on the other hand, Flanders and South Tyrol, where it has been dynamic, and also considering the Basque Country, Québec, and Puerto Rico as additional cases, this book puts forward an elegant theory of secessionism in liberal democracies: dynamic autonomy staves off secessionism while static autonomy stimulates it.
Scotland
Authors: Lecours André 
Published: September 2021

Abstract
The fourth chapter looks at the case of Scotland. The surge of secessionism within Scottish nationalism is puzzling considering that demands for Scottish territorial autonomy were met in the late 1990s with devolution. Yet, a mere 15 years later, 45 per cent of Scots supported independence in a referendum. Scottish autonomy was conceived as mostly static during key periods of political development. Devolution in the United Kingdom was a settlement, a new political and constitutional order, not originally meant to be adapted or enhanced. Yet, devolution created a series of changes to Scottish politics that immediately put pressure on the new status quo. Although the Commission on Scottish Devolution was established in late 2007, it did not include the SNP, which was then forming the Scottish government, and, with British general elections on the horizon, its impact on Scottish autonomy was uncertain. By the time the Commission’s recommendations would start being implemented in 2012, the SNP had already formed a majority government committed to holding an independence referendum. When this government was considering a multi-option referendum question comprising an option for more powers to Scotland as well as independence, the British government refused: devolution was, at that time, a take-it-or-leave-it proposition. In other words, short of independence, Scottish autonomy would remain as it was; the British government was then offering static autonomy.
Critical Modesty in Contemporary Fiction
Authors: Dancer Thom 
Published: September 2021

Abstract
From climate catastrophe to pandemics and economic crises, the problems facing humanity today are impossibly complicated and planetary in scale. Critical Modesty in Contemporary Fiction makes the surprising but compelling claim that it is precisely by culitvating a modest temperament that contemporary fiction can play an central role in conbating the despair that many of us feel in the face of such enormous and intractable problems. This new temperament of critical modesty locates the fight for freedom and human dignity within the limited and compromised conditions in which we find ourselves. Through readings of Ian McEwan, Zadie Smith, J. M. Coetzee, and David Mitchell, Critical Modesty in Contemporary Fiction shows us how contemporary works of literature model modesty as a critical temperament. Exploring modest forms of entangled human agency that represent an alternative to the novel of the large scale that have been most closely associated with the Anthropocene, Dancer builds a case that the novel has the potential to play a more important socio-cultural role than it has done. In doing so, the book offers an engaging response to the debate over post-critical and surface readings, bringing novels themselves into the conversation and arguing for a fictional mode that is both critical and modest, reminding us how much we are already engaged with the world, implicated and compromised, before we start developing theories, writing stories, or acting within it.
Leveraging Plastics Linkages for Diversification
Authors: Bell Jason , Monaco Lorenza , Mondliwa Pamela 
Published: September 2021

Abstract
The chapter considers the role of linkages, lead firm strategies, industrial policies, and value chain governance in the performance of the South African plastic products industry. The extent to which the linkages of the plastic products sub-sector backwards with the polymers industry, and forwards to plastic automotive components, have influenced the performance of the industry is assessed. The forward linkages to the automotive industry are assessed through a comparative assessment of technological capability accumulation in South Africa with its relatively more successful upper-middle-income counterpart, Thailand. The analysis shows that vertical integration and horizontal collaborations through clusters, as well as the different roles played by multinational corporations and the state, have exerted a stronger influence on the accumulation of capabilities in Thailand, compared with South Africa. The assessment of backward linkages to polymers shows how the linkage development in South Africa has been undermined by market power in the upstream polymers industry. This is coupled with a failure of industrial policy to support diversified industries such as plastic products, including through addressing the challenges related to input prices and supporting the accumulation of capabilities.
Digitalization, Industrialization, and Skills Development
Authors: Andreoni Antonio , Barnes Justin , Black Anthony , Sturgeon Timothy 
Published: September 2021

Abstract
The world economy is undergoing a period of structural and technological transformation, driven by the increasing digitalization of economic and social life. Digitalization is being experienced differentially across the globe, reflecting the different opportunities it offers as well as the particular challenges countries face in digitalizing their economic systems. This chapter looks at the opportunities and challenges of digital industrialization through the lens of the South African case. In South Africa, digitalization is occurring in an economy that has prematurely deindustrialized, where the digital capability gap in terms of digital infrastructures and skills is wide, and where organizations need significant investments to retrofit their existing systems. Despite this, South Africa has islands of excellence in which firms are embracing the opportunities provided by digitalization to achieve greater efficiency, process innovation, and supply-chain integration. These examples point to what is possible, while at the same time revealing gaps and shortcomings. The potential and shortcomings are evident both across firms (in terms of their investment rates) within global value chains (domestic firms; engagement with multinationals), and across public institutions and industrial policies. The development of digital skills in cross-cutting fields such as data science and software engineering, as well as transversal technologies in complementary services, are identified as particularly important. The chapter concludes with a discussion of the policy implications for South Africa and beyond.
Confession at a Time of Revolution
Authors: Kizenko Nadieszda 
Published: September 2021

Abstract
Chapter 7 explores how changes set in motion by rapid industrialization first climaxed in the Revolution of 1905, dropping confession rates. The Great War, initially sparking enthusiasm for the sacraments, dropped them further yet. After the February Revolution and the abdication of Nicholas II, all state structures compelling or supporting annual confession vanished. Bishops, parish priests, monastics, and ordinary laypeople struggled to make sense of the revolutionary climate, exploring such new forms as general confession or seeking to drop confession altogether. This experience helped prepare them for the savage attack on religion under Soviet rule and the decades that followed, creating new forms of confession. It also informed the evolution of confession in different strands of the émigré Russian Orthodox Church. The legacy of confession in the empire would become even more important after the fall of communism, when the Russian Orthodox Church rejected Soviet-era changes and tried to embrace pre-revolutionary practice with unexpected fervour.
Understanding Administrative Law in the Common Law World
Authors: Daly Paul 
Published: September 2021

Abstract
This book has three goals: to enhance understanding of administrative law; to guide future development of the law; and to justify the core features of the contemporary law of judicial review of administrative action. Around the common law world, the law of judicial review of administrative action has changed dramatically in recent decades, accelerating a centuries-long process of incremental evolution. This book offers a fresh framework for understanding the core features of contemporary administrative law. Through comparative analysis of case law from Australia, Canada, England, Ireland and New Zealand, Dr Daly develops an interpretive approach by reference to four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy. The interaction of this plurality of values explains the structure of the vast field of judicial review of administrative action: institutional structures, procedural fairness, substantive review, remedies, restrictions on remedies and the scope of judicial review, everything from the rule against bias to jurisdictional error to the application of judicial review principles to non-statutory bodies. Addressing this wide array of subjects in detail, Dr Daly demonstrates how his pluralist approach, with the values being employed in a complementary and balanced fashion, can enhance academics’, students’, practitioners’ and judges’ understanding of administrative law. Furthermore, this pluralist approach is capable of guiding the future development of the law of judicial review of administrative action, a point illustrated by a careful analysis of the unsettled doctrinal area of legitimate expectation. Dr Daly closes by arguing that his values-based, pluralist framework supports the legitimacy of contemporary administrative law which although sometimes called into question in fact facilitates the flourishing of individuals, of public administration and of the liberal democratic system.
Remedies
Authors: Daly Paul 
Published: September 2021

Abstract
When an applicant for judicial review succeeds in demonstrating that an administrative decision was unlawful because it breached the principles of institutional structures, procedural fairness or substantive review, the court must then decide whether to grant a remedy. This Chapter first discusses the nature of the remedies available to a reviewing court, explaining how the different characteristics of the so-called ‘prerogative writs’ and their successors can be understood in terms of the values of individual self-realisation, good administration, electoral legitimacy and decisional autonomy. It highlights how judges’ choices whether to issue a remedy and how to structure a remedy can also be understood as being influenced by these values. The chapter then addresses several aspects of judicial discretion not to grant a remedy and the ability to sever problematic aspects of a decision, again demonstrating the influence of administrative law values.
The Realist and the Visionary
Authors: Desautels-Stein Justin 
Published: September 2021

Abstract
When we ask how the concept of sovereignty might become something other than what it has been, we must realise the structural context of the question. If we take liberal legalism as that context, we discover that the concept of sovereignty has a twin in the concept of property. To be sure, when we move beyond the deep grammars of the structure, important conceptual differences quickly emerge. Nevertheless, this chapter argues that if we are to take seriously our concerns with social change and transformation, and ask what concepts like sovereignty and property might become, we must first understand the deeper structural frames from which these concepts take their meaning. Reckoning with the possibilities of sovereign change and transformation is less like altering a small dialect, and more like transforming the syntactical range of an entire language.
Subverting Eurocentric Epistemology
Authors: al Attar Mohsen 
Published: September 2021

Abstract
Third World Approaches to International Law (TWAIL) has a fundamental problem: its scholars don’t quite know how to relate to international law. This problem is constitutive of the theory, born as it was out of disillusionment with the failures of decolonisation and, of course, of international law. As a consequence, we find in TWAIL scholarship the juxtaposition of powerful critiques of international law alongside noisy calls for more international law. TWAIL’s aspirational projects are timid, constrained as they are by TWAIL’s overriding commitment to a legal regime its scholars bemoan. In this chapter, I propose to use counterfactuals to overcome the schizophrenia. I treat counterfactuals as a device that enables methodical explorations of alternative legal imaginaries. Contrary to Venzke, I propose exploring counterfactuals that are neither probable nor sensible within the current regime. For TWAIL, counterfactuals have value if they facilitate thinking beyond the rigidity of the status quo. And that’s the point: if TWAIL’s mission is to upend Eurocentric epistemology and practice, we must begin to imagine international law outside the parameters established by Europe.
Contingent Movements?
Authors: Szabla Christopher 
Published: September 2021

Abstract
No single international organisation oversees and enforces global migrant rights or plans and facilitates migrant movement. Migrant rights are fragmented among, inter alia, human rights and labour law. Why does no clear, comprehensive international regime exist to integrate migrant law and provide oversight for all migrants as international refugee law and institutions do for refugees? Scholars have cited a 1951 US decision to withdraw support for a migration regime that involved communist participation. But the Cold War explanation sidesteps, among other things, the creation of an intergovernmental migration regime outside the communist world. Both the refugee and migration regimes subsequently paralleled one another’s development, but architectural differences ultimately rendered one more robust. This chapter shows how decisions that shaped the differences between these regimes were not entirely determined by the Cold War, while demonstrating how decisions related to another overarching historical force—decolonisation—resulted in the expression of these differences.
Unveiling Common Article 3 to the Geneva Conventions
Authors: Maganza Bianca 
Published: September 2021

Abstract
The chapter analyses the role that contingency played in the negotiation, adoption, and interpretation of Common Article 3 to the Geneva Conventions. It focuses in particular on the choice of including the Article in the Conventions, on the terminology that is used in the provision, and on the way in which the latter is currently interpreted. Through a study of the past contingencies that shaped the (hi)story of the provision, leading to the contingency of its contemporary interpretation, the chapter challenges the concept of non-international armed conflict as it is traditionally understood, proposing an exercise of self-reflexivity on the existence of different interpretive possibilities. Borrowing from both contextual and critical approaches to history, the analysis is informed by the two sibling frameworks of false necessity and false contingency, that are put in constant dialogue with each other. By adopting a two-tiered perspective, the ultimate aim of the analysis is to show that, with respect to a same issue, the necessity stemming from a given historical moment can turn into contingency when tested against the background of a different context.
Why Did Starvation Not Become the Paradigmatic War Crime in International Law?
Authors: Mulder Nicholas , van Dijk Boyd 
Published: September 2021

Abstract
In the late twentieth century, the starvation of civilian populations as a method of warfare came to be prohibited in international law. Yet starvation is still commonly used today. In retrospect, what is striking about its international legal history is that the ban itself happened so late and appears still so incomplete. Why did depriving non-combatants of the essential means of sustenance not come to be seen much earlier as a cruel form of wartime behaviour that should be unambiguously outlawed? This chapter critically analyses the history of the anti-starvation norm and explains not only why some political agendas for starvation were frequently tolerated, but also why others failed to reach the stage of codification, and what this tells us about its past and future. Understanding how and why people starve, what role the use of blockade and international law play, and to what degree Schreibtischmörder might be held responsible for it, gets to the heart of questions of contingency and international law.
The Law of State Responsibility and the Persistence of Investment Protection
Authors: Greenman Kathryn 
Published: September 2021

Abstract
At the first international conference for the codification of international law, held in 1930 by the League of Nations, the law of state responsibility could have been different—and, in a sense, was different. A group of largely Latin American and former Austro-Hungarian states rejected rules which favoured foreign commercial interests over their political and economic self-determination, and had been used to justify intervention by the colonial powers. However, the change did not stick; today international investment law embeds economic relations that continue to subordinate the Global South. This chapter explores the idea that international law’s prioritisation of investment protection is something that, despite contingency, is more likely to persist than not. To understand how international law might have been or might be otherwise, it is essential to understand how certain potentialities have persistently prevailed, even in the face of resistance. This chapter introduces two possibilities: fragmentation and structural bias.
Afterword
Authors: Faragher Megan 
Published: September 2021

Abstract
This short afterword looks to the work done by Theodor Adorno and others in the production of The Authoritarian Personality, a quantitative study of psychological traits that might suggest preternatural fascist tendencies in interviewees. This text symbolizes the onslaught of postwar psychographic consumer research, which was only heightened with the use of computer algorithms to more clearly map groups psychology. The book traces the postwar use of “psychography” in marketing, and contends that the book’s tracing of the psychographic turn can help us better understand the contemporary psychographic age, wherein algorithmic sociological profiling has become a dominant force in modern democracy.