bluuebunny/crossref_metadata_2025_split huggingface dataset:
Case Studies
Authors: Cohn Margit 
Published: April 2021

Abstract
The chapter offers general introductions to the legal ordering of two fields—national emergency and air pollution. In addition to providing general backgrounds for those analyses, the introductions present initial accounts on the complexity of both bodies of law in two legal systems, thereby offering four glimpses of the ways fuzziness can, and does, develop and flourish in law. These overviews may also be useful to those who study these fields. Commentaries on specified areas of law often tend to direct their attention to a small number of measures—those that could be considered the ‘legislative mandates’ under the ideal-type vision of regulation—but, true to one of the themes of this book, attention should also be cast elsewhere. The overviews presented here span the legal rules directly targeting the regulation of these two fields of government action, originating from customary international law; international law treaties and documents; EU law, as long as applicable; domestic law; and unilateral measures such as orders in council and executive orders.
Executive-Generated Fuzziness
Authors: Cohn Margit 
Published: April 2021

Abstract
This chapter is dedicated to analyses of examples of executive-generated fuzziness in the context of implementation. It offers examples of the ways executives can create further nodes of fuzziness, by crafting the implementation of the law, be it fuzzy or relatively clear, in ways that further fuzzy-up the law. Under the classical vision of executive action, implementation and enforcement are straightforward, easily apprehended processes that follow the legislative mandate and are applied by authorized regulators. The well-developed body of research on the gap between law-on-the-books and law-in-action overviewed in this chapter more than challenges this vision. Either as proof of government failure, or, opposingly, as an indication of well-thought-out responsive action aimed to achieve optimal results, all action located in this gap is fuzzy. Using examples from the UK and the US in the fields of emergency and air pollution law, I discuss three practices that challenge the classical understanding of the nature of implementation: selective enforcement; creative compliance; and the non-application of law ('pastiche law'). The focus here is, then, on the behaviour of the executive and the ways it applies a power granted to it in ways that frustrate the law without moving into the sphere of illegality.
The conformal anomaly and anomaly-induced action
Authors: Buchbinder Iosif L. , Shapiro Ilya L. 
Published: April 2021

Abstract
This chapter describes in detail basic results concerning the conformal (trace) anomaly and anomaly-induced action in four spacetime dimensions. It is shown how the anomaly appears from the non-local form factors discussed in chapter 16. Starting from the conformal transformations, the necessary invariants and transformation rules are obtained. The simplest derivation of the anomaly in dimensional regularization is explained, followed by the equally simple calculation of the anomaly-induced effective action of gravity. The chapter also briefly discusses applications of the induced effective action in cosmology and black hole physics.
Massive ghosts in higher-derivative models
Authors: Buchbinder Iosif L. , Shapiro Ilya L. 
Published: April 2021

Abstract
This chapter describes the unsolved problem of the massive unphysical ghost and related instabilities in higher-derivative models of gravity. After explaining what ghosts and tachyons are, the chapter describes the situation with ghosts in polynomial models and non-local models. It is shown that the unitarity of the S-matrix cannot be regarded as the main criterion for consistency in gravitational models. The effective approach to the problem of ghosts is described from a general perspective. After that, the chapter presents a basic discussion of stable and unstable cosmological solutions in massive ghost theory, and their correspondence with the effective approach.
The Macrofoundations
Authors: Koinova Maria 
Published: April 2021

Abstract
Chapter 2 is the first theoretical chapter developing the contours of the theory of socio-spatial positionality and how it applies to the four types of diaspora entrepreneurs—Broker, Local, Distant, and Reserved. They operate in transnational social fields, simultaneously embedded in different global contexts. The chapter builds on diaspora-, host-land-, and home-land-centric theories and further integrates three streams of thought that have not been in conversation with one another. First, it reimagines transnational social fields from a socio-spatial positionality perspective, considering earlier work in International Political Sociology. Secondly, it draws on scholarship on fragile and weak states in IR, especially on de facto states, and discusses their place in the international system and the rationales through which they engage diasporas abroad. Third, the chapter consults relational theories in IR, demonstrating that durable interactions among actors in international politics form structures spanning borders. These theories are useful to think about configurations of socio-spatial linkages of the four types of diaspora entrepreneurs, at the core of the typology. The chapter then lays out the socio-spatial positionality approach and its major features—relativity, power, fluidity, and perception—while delving deeper into the individual level of analysis. The four types of diaspora entrepreneurs have different socio-spatial positionalities at the intersection of various global contexts that empower them differently to pursue homeland-oriented goals. The chapter ends with a discussion about structure and agency in diaspora mobilizations.
Alan Bennett’s The Old Country (1977) and An Englishman Abroad (1983)
Authors: Riley Kathleen 
Published: April 2021

Abstract
Theatre critic Michael Billington has spoken of Alan Bennett’s ‘peculiar radical nostalgia’ and described him as ‘a writer who believes in progress but who is irrevocably attached to his country’s cultural inheritance; and it’s specifically England, rather than Britain, that stirs his deepest sympathy’. This chapter analyses the radical nostalgia of two of Bennett’s dramatic characters, both traitors in exile: the Audenesque Hilary in The Old Country, who many people assumed was based on Kim Philby, and Guy Burgess in An Englishman Abroad. It probes the seeming paradox at the core of both plays, that these Soviet defectors continue imaginatively to inhabit, and long for, the country they betrayed. The chapter ends by quoting George Orwell’s essay The Lion and the Unicorn: Socialism and the English Genius, in which he explains the nagging resilience of Englishness—something that leaves an indelible mark on the traveller and the traitor alike, the way Ithaca left its mark on Odysseus.
John Van Druten’s The Widening Circle (1957)
Authors: Riley Kathleen 
Published: April 2021

Abstract
This chapter begins with a brief history of West Hampstead’s transformation from a sleepy bucolic hamlet on the outskirts of London to a Victorian commuter suburb. It sets out how West Hampstead’s perceived loss of innocence in the railway age spawned a tradition of nostalgic writing, forming the backdrop, and sometimes the centrepiece, of several childhood memoirs. It then looks at John Van Druten’s autobiography, The Widening Circle. Published in April 1957, eight months before he died, the book is a discursive and deeply meditative essay in nostalgia. In it Van Druten portrays his visits back to the streets of his youth in West Hampstead as not only spiritual but also physical, sensory, and characterized by the Homeric elements of recognition, testing, and tokens. The chapter examines, in particular, how these Odyssean pilgrimages were spurred by Van Druten’s ‘longing to know what I am truly composed of’, how they were an attempt to piece together an aetiology of the self.
Introduction
Authors: Carayannis Tatiana , Weiss Thomas G. 
Published: April 2021

Abstract
If past is prelude, the most creative and imaginative rethinking of the contemporary bases for international cooperation will emanate from the Third United Nations. The first section briefly parses it to provide the working vocabulary for subsequent chapters. The original argument appeared in a journal whose title, Global Governance, reflects the move away from the older notion of states and their creation in the form of IGOs as the only substantial pillars of world order. That evolution is explained in the second section before briefly summarizing the book.
The UN’s Knowledge Economy
Authors: Carayannis Tatiana , Weiss Thomas G. 
Published: April 2021

Abstract
This chapter spells out the various ways that the world organization’s intergovernmental machinery requires outside inputs as part of making UN policy sausages. A cottage industry of outside experts—think tankers, consultants, and university faculty members—greases the gears of the UN’s messy process with substantive inputs. The ways that ideas matter, and how they influence state decision-making, are essential. Among the cases are the International Peace Institute (IPI), the International Crisis Group (ICG), the DC-based Stimson Center, the Security Council Report, UN University, the Conflict Prevention and Peace Forum (CPPF) at the US-based Social Science Research Council, the Centre for Humanitarian Dialogue, and the Small Arms Survey. These intellectual entry points—primarily based in the global North but increasingly with wider participation from individuals and institutions worldwide—have helped shape the UN’s framing of international peace and security, human rights and humanitarian action, and sustainable development
Conclusions
Authors: O'Meara Chris 
Published: April 2021

AbstractChapter 5 completes this book by setting out its conclusions. It provides a summary of the theory and practice relating to necessity and proportionality and considers the strengths and weakness of the current law. This author suggests that the analytical framework set out in this book offers the opportunity for a doctrinal switch that recognizes necessity and proportionality, and not the armed attack, as the core regulating requirements of the exercise of self-defence. The chapter rounds off the exploration of this subject by considering improvements to the reporting and monitoring of claims of self-defence and possible options for future legal development.
The Humanitarian Civilian
Authors: Sutton Rebecca 
Published: April 2021

Abstract
In international humanitarian law (IHL), the principle of distinction delineates the difference between the civilian and the combatant, and it safeguards the former from being intentionally targeted in armed conflicts. This monograph explores the way in which the idea of distinction circulates within, and beyond, IHL. Taking a bottom-up approach, the multi-sited study follows distinction across three realms: the Kinetic realm, where distinction is in motion in South Sudan; the Pedagogical realm, where distinction is taught in civil–military training spaces in Europe; and the Intellectual realm, where distinction is formulated and adjudicated in Geneva and the Hague. Directing attention to international humanitarian actors, the book shows that these actors seize upon signifiers of ‘civilianness’ in everyday practice. To safeguard their civilian status, and to deflect any qualities of ‘combatantness’ that might affix to them, humanitarian actors strive to distinguish themselves from other international actors in their midst. The latter include peacekeepers working for the UN Mission in South Sudan (UNMISS), and soldiers who deploy with NATO missions. Crucially, some of the distinctions enacted cut along civilian–civilian lines, suggesting that humanitarian actors are longing for something more than civilian status–the ‘civilian plus’. This special status presents a paradox: the appeal to the ‘civilian plus’ undermines general civilian protection, yet as the civilian ideal becomes increasingly beleaguered, a special civilian status appears ever more desirable. However disruptive these practices may be to the principle of distinction in IHL, it is emphasized that even at the most normative level there is no bright-line distinction to be found.
Basic concepts
Authors: Lütge Christoph , Uhl Matthias 
Published: April 2021

Abstract
This chapter clarifies the most fundamental concepts of business ethics. Business ethics problems are characterized as interaction problems emerging from the interdependence of at least two actors. The problem of scarcity and the limits of individual moral action are introduced: business ethics starts where individually virtuous behavior cannot solve the problem of scarcity. The terms ethics and economics are defined. Business ethics is interpreted as an ethics from a broad economic perspective that examines which norms can be established under conditions of global economies. In this context, normative implications of economics are emphasized. Business ethics is then situated within philosophy, and the essential tension between two basic approaches to business ethics, the dualistic and the monistic, is discussed.
Temperature and equilibrium
Authors: Sethna James P. 
Published: April 2021

Abstract
Statistical mechanics explains the comprehensible behavior of microscopically complex systems by using the weird geometry of high-dimensional spaces, and by relying only on the known conserved quantity: the energy. Particle velocities and density fluctuations are determined by the geometry of spheres and cubes in dimensions with twenty three digits. Temperature, pressure, and chemical potential are defined and derived in terms of the volume of the high-dimensional energy shell, as quantified by the entropy. In particular, temperature is the inverse of the cost of buying energy from the rest of the world, and entropy is the currency being paid. Exercises discuss the weird geometry of high dimensions, how taste and smell measure chemical potentials, equilibrium fluctuations, and classic thermodynamic relations.
Continuous phase transitions
Authors: Sethna James P. 
Published: April 2021

Abstract
This chapter analyzes systems with emergent scale invariance -- fractal, self-similar behavior -- by developing the renormalization group. The renormalization group is an amazing abstraction. It describes the flow of the laws governing the system as one coarse-grains -- blurring out the short-distance or short-time details. In the huge space of possible systems (experimental and theoretical), a fixed point of the renormalization group will be the same after blurring and shrinking -- implying emergent scale invariance, a fractal self-similarity. The points which flow into the fixed point share its properties under rescaling -- implying universality, with behavior shared by theory and a wide variety of different experimental systems. The renormalization group also predicts universal power laws and universal functions, describing all behavior on long length and/or time scales. Exercises explore applications to the Ising model, the onset of lasing, superconductors, the onset of chaos, percolation, crackling noise and avalanches, earthquakes, random walks and diffusion, chemical reaction rate theory, and extreme value statistics.
Kant’s Rejection of Just War: International Order between Democratic Constitutionalism and Revolutionary Violence
Authors: Eberl Oliver 
Published: April 2021

Abstract
Following up on Tischer’s, Becker Lorca’s and Teschke’s observations on early modern war discourse, Oliver Eberl in this chapter elaborates Immanuel Kant’s critique of the justification of the use of force in early modernity which revolutionized the thinking on international order. Kant condemned the justification of the use of force as just war since this would perpetuate the state of nature which the states still found themselves in. Kant does not link directly theory and practice but rather formulates his theory on the background of revolutionary change, which in his view opens up the possibility of a completely new approach to international order. However, in unfolding his theory, Kant had to take into consideration its possible practical consequences in the context of an unstable international constellation of power. Furthermore, he had to accommodate the practice of the French republic to identify its opponents as ‘unjust enemies’, thereby contradicting the envisaged role of the revolution as the nucleus of the new era of peace envisioned by Kant.
Protection Emergencies: Justifying Measures Short of War in the British Empire
Authors: Benton Lauren 
Published: April 2021

Abstract
While the other chapters in Part III focus on Europe and its ‘semi-periphery’, Lauren Benton turns to the justification of imperial violence within the periphery: in response to urgent calls to protect imperial subjects across the nineteenth-century world, European imperial agents were authorized to use force at their discretion and instructed to avoid the outbreak of new, full-scale wars. Imperial agents drew from well-established practices of protection and possession in framing justifications for small-scale, sporadic violence. Their efforts gave expression to a perpetual right of empires to use violence to promote order in pluri-political regions of overlapping and uncertain sovereignties. This chapter illustrates these patterns by examining interpolity conflicts in one Pacific region and the strategies of British navy captains. The case suggests that understanding nineteenth-century legalities of imperial violence can be useful to the analysis of justifications of episodic use of force in later periods, including periodic attacks by international hegemons in the global ‘war on terror’.
Juridification, Politicization, and Circumvention of Law: (De-)Legitimizing Chemical Warfare before and after Ypres, 1899–1925
Authors: Vec Miloš 
Published: April 2021

Abstract
One of the most terrifying weapons introduced to the First World War by the progress of natural sciences and technology was poison gas. While the chapters by Isabel V. Hull, Aimee Genell and Mustafa Aksakal deal with the German and Ottoman justifications of the respective entries into the war, Miloš Vec turns to the justificatory discourse of chemical warfare. After the first German gas attack in 1915 at Ypres a political and legal debate started. The justificatory discourse of chemical warfare took up elements from international treaties and doctrine, discussing the centuries-old use of poisonous weapons which was now being dealt with in the Hague Conventions. Political interests, military necessity, and ethical standards clashed when interpreting the provisions of Article 23 of the ‘Convention with Respect to the Laws and Customs of War on Land’ from 1899, prohibiting ‘(t)o employ poison or poisoned arms’. This chapter discusses the international legal debate around chemical weapons as it relates to politics before, during, and after the First World War. The historical justification of a particular type of weapon and warfare illustrates the conceptualization of international law and politics at that time.
We Owe You Nothing
Authors: Mallard Grégoire 
Published: April 2021

Abstract
This chapter analyses how the context of decolonization gave rise to a new discourse in international public law on the legitimacy and legality of sovereign debts contracted during the colonial times. It focuses on the international doctrine of state succession created by ‘third-world’ legal scholars within the context of the United Nations (UN), at the UN General Assembly (UNGA), and the International Law Commission (ILC). This chapter focuses in particular on the twenty-year-long effort started in the 1960s by the ILC to codify the doctrine on the law of State Succession in respect to State Property, Archives and Debts, which led to the adoption of the so-named Convention by a majority of newly independent states in 1983. In doing so, it highlights the tools that international public law gave to the global movement in favour of the cancellation of sovereign debts contracted during colonial times. The chapter is based on archival research as well as extensive interviews with the concerned lawyers, in particular, with foremost foreign policy architect and prominent international law scholar Mohamed Bedjaoui (1929–) who opposed the continuity in sovereign debt obligations that former empires wanted to impose on newly independent states.
The Global South Debt Revolution That Wasn’t
Authors: Deforge Quentin , Lemoine Benjamin 
Published: April 2021

Abstract
In this article, we analyse how international crises and conflicts over sovereign debt have transformed the agenda of the United Nations Conference on Trade and Development (UNCTAD), the Geneva-based organization founded in 1964 and whose history is closely linked to the G77 group of developing countries. We show how UNCTAD’s projects for structural reform of the international financial architecture were contested and ultimately rejected in the 1970s. Such defeats were a blow to the transformative goals that UNCTAD had initially set to achieve. In the 1980s, UNCTAD gradually became a technical agency and its mandate restricted to providing expert assistance and support to developing countries during their negotiations with the Paris Club. Meanwhile, the mandate to produce expertise at the macro level (the so-called ‘upstream’ area), was effectively transferred to the IMF and World Bank. With the development of the Debt Management Financial Analysis System (DMFAS), UNCTAD went from promoting systemic change in international financial architecture to sponsoring the micro-management of domestic policies as remedy to over-indebtedness. But we also show that UNCTAD did not always restrict itself to doing such ‘downstream’ work, i.e., improving debt issuing capacities and technologies of developing countries. While UNCTAD’s recent project on fair principles of lending and borrowing principles conforms to what’s expected from the group of advanced countries, another project involving the creation of an international mechanism of sovereign debt restructuring functioned as a disturbance to this fragile downstream–upstream division of labour between international organizations.
Japanese Law
Authors: Oda Hiroshi 
Published: April 2021

Abstract
This book analyses the current state of Japanese law after a series of reforms since 1990. In that year, the US–Japan Structural Impediments Initiatives Talk necessitating fundamental changes to the conventional system in Japan was completed. At the same time, the ‘bubble economy’ came to an end and Japan embarked on a long path to economic recovery. As a result, the Japanese legal system has undergone significant changes. Depending on the area of law, not all the reforms were successful, but it is beyond doubt that major changes took place across the board. The core of the book is commercial and business-related laws such as corporate law, securities law, contract law, and competition law. There was a fundamental change in corporate law over past three decades, not the least because of the new Company Law of 2004. The entire system of corporate governance now is very different from the previous insider-dominated system. Major changes took place in securities law after the Japanese ‘Big Bang’. Competition law in Japan, which had once been regarded as ‘dormant’, is now in full operation. The book also considers contract law, which, as part of the Civil Code, has undergone a major change in 2020. In order to understand commercial and business law, accurate understanding of the dispute settlement mechanism and the procedure is needed and this is duly covered. The book addresses these issues by studying the case law as well as legislative history and business practice.