bluuebunny/crossref_metadata_2025_split huggingface dataset:
Intent to Contract and Trust
Authors: Saprai Prince 
Published: April 2019

Abstract
This chapter defends a republican reinterpretation of the intent to contract doctrine. According to the doctrine, for a contract to be legally binding the parties must have manifested an intention to be legally bound. This legal requirement sits uncomfortably with the ‘promise theory’. If Charles Fried was right that contracts are promises, why is this additional intention even necessary? That tension between the promise theory of contract or the ‘reflective’ view that contract should ‘mirror’ promise and the intention to create legal relations doctrine has led some to doubt the place of promise in contract. Dori Kimel, for example, says that the intent to contract doctrine is a portal between the realm of promise, where people are attached, and the realm of contract, where detachment prevails. This leads him to defend a ‘divisionist’ view of contract. But such dichotomies are misleading. Contract is not separate from promise. Nevertheless, although Fried was right to see that contract and promise serve similar ends, he failed to appreciate that they do so in distinctive ways. The republican view by being open to the variety of ends contract law might have, and the distinctive ways in which they might be interpreted and pursued, opens the door to a correct understanding of the intent to contract doctrine. Contract law on this view is one of the ways promise fulfils its function of securing the valuable good of trust-based cooperation and giving meaning and shape to human relationships.
Police Unlimited
Authors: Mutsaers Paul 
Published: April 2019

AbstractPolice Unlimited is centred on a controversial idea that it supports with detailed ethnographic materials: police forces are a focal point of conflict in modern societies. Instead of a consensus model of law enforcement that understands the function of policing as socially integrative, it links to a conflict model concerned with the socially divisive effects of policing. Throughout the book, these effects and their causes are discussed on a national and global level. An ethnographic study was carried out at the Dutch police to enhance our understanding of police discrimination. Concerned with both internal and external affairs, the book addresses conflict cases within and outside the police station, covering both inter-ethnic tensions at work and the migrant hostility observed while joining officers on patrol. The cases are discussed in light of the corroding public character of Dutch policing and the risks involved in terms of discrimination and the arbitrary, or even privatized use of power. Signalling an increased blur of the private and public spheres in policing, the book warns about an ‘unlimited’ police force that is no longer constrained by the public contours that delineate a legal bureaucracy. For the sake of ethnological knowledge production that ultimately serves to develop a police anthropology, the ethnographic materials are consistently compared with other police ethnographies in the ‘global north’ and ‘global south’. This comparative analysis points out that the demise of bureaucracy makes it increasingly difficult for police organizations across the globe to exclude politics, particularism, and populism from their operations.
Conclusions: Reclaiming the Public in Policing
Authors: Mutsaers Paul 
Published: April 2019

AbstractThis concluding chapter synergizes the previous chapters and adds something new. Both functions are captured by the title, Reclaiming the Public in Policing. First, it argues that the empirical and conceptual work in this book points at the corrosion of the public character of policing, which results in law enforcement agencies that find it increasingly difficult to exclude politics, particularism, and populism from their operations. This part of the chapter concludes that it is imperative that we ‘unthink’ bureaucracy as the social evil of our time and revalue the public contours of policing. A second way to reclaim the ‘public’ in policing, now defined not as a quality of the police but an engaged citizenry that is involved in public debates on the police, concerns the role of police scholars in the public sphere. The chapter advocates a public anthropology of police and reflects on the author's efforts to ‘go public’.
Introduction
Authors: Tollenaar Nicolaes 
Published: April 2019

Abstract
This first chapter provides an overview of the aims of the book. The main objectives of this text are to develop a normative foundation for pre-insolvency proceedings, outline the fundamental principles that underlie a pre-insolvency plan procedure, and set out a framework that outlines what a pre-insolvency plan procedure should resemble in an ideal world. The chapter anticipates the content of the subsequent chapters in the book and then looks at terminology. It defines terms such as plan, plan procedures, insolvency, bankruptcy, liquidation, pre-insolvency, and pre-insolvency proceedings. The chapter outlines pending legislative initiatives seeking to introduce pre-insolvency proceedings both in the Netherlands and at the European level.
The US Chapter 11 Plan Procedure
Authors: Tollenaar Nicolaes 
Published: April 2019

Abstract
The chapter begins with an outline of the US Chapter 11 plan procedure. It briefly discusses the proposals of the American Bankruptcy Institute (ABI) for reform of Chapter 11. It then discusses the key features of the US Chapter 11 plan procedure, including the right to propose a plan, the permitted content of the plan, the voting in classes, and the criteria for confirmation and cramdown. Finally, it looks at criticisms of the US system, which include the costs and extent of judicial involvement, the duration of the automatic say, the exclusivity period, the best interests and feasibility test, the wording of the absolute priority rule, and the intrusiveness of the cramdown powers under US law.
The English Scheme of Arrangement
Authors: Tollenaar Nicolaes 
Published: April 2019

Abstract
This chapter examines the English scheme of arrangement, which is laid down in sections 895–99 of the Companies Act 2006. It gives an outline of the procedure and looks at past attempts to reform the procedure. As with Chapter 6, it then goes on to discuss the key features of the procedure, including the right to propose a plan, the commercial content of the plan, the voting in classes, and the acceptance and sanctioning of a scheme. The chapter also considers criticisms of the English system. These include the costs and formalities of the procedure, the lack of the necessary flanking measures, the requirements of ‘give’ or ‘take’, the lack of a cramdown mechanism and the exclusive right to propose a plan.
Framework for a Pre-Insolvency Plan Procedure
Authors: Tollenaar Nicolaes 
Published: April 2019

Abstract
This chapter provides a high-level outline of what pre-insolvency proceedings might look like in an ideal world, drawing from the discussion in the previous chapters and the lessons learnt from the US Chapter 11 procedure and the English scheme of arrangement. It outlines the general characteristics of the procedure and required flanking measures. These include speed and efficiency, flexibility, a temporary stay, provision to reject burdensome and retain valuable contracts, and the ability of the court to make early determinations. Key features of the proposed plan mechanism are then discussed, including entry to the procedure, the right to propose a plan, the appointment of a supervisor, the commercial content of the plan, the voting in class, acceptance of the plan, and the criteria for confirmation and cramdown. It also considers the ability to deal with third-party liabilities and disputed claims. Finally, it looks at the relevance of the proposed procedure in practice and the remaining need for efficient liquidation procedures.
Parody and Moral Rights
Authors: Jacques Sabine 
Published: April 2019

Abstract
This chapter examines the relationship between parody and an author’s moral rights. It first traces the evolution of the concept of moral rights as a means of providing protection not only of the authors’ personal interests but also the public interest before discussing the reasons why moral rights might conflict with parodies. It considers two competing theories underlying the protection of authorial interests—the ‘monist’ theory and the ‘dualist’ theory—and their implications for the parody exception. It also explains how jurisdictions differ in the nature and scope of protection afforded to moral rights, noting that the parody exception in ‘copyright’ law does not extend to moral rights. The chapter goes on to explore the author’s paternity and integrity rights as well as their right against false attribution. It shows that, in the case of parodies, an overlap exists between the regimes applied to moral and economic rights.
The New World Presses
Authors: Fox Brian 
Published: April 2019

Abstract
Chapter 2 examines allusions to American popular culture in Joyce’s work. A potentially voluminous subject given the sheer range of references, the chapter narrows it down to areas which show a continued engagement across Joyce’s works. One of the most significant examples of this is blackface minstrelsy. Indeed, Joyce, it would appear, is particularly drawn to a specific kind of American popular culture, one with a strong sense of a connection with a history of colonialism, empire, and race. Within this framework, Joyce appropriates and renegotiates Irish relations to not only blackface minstrels, but also the Mutt and Jeff comic strip, Hollywood movies, Broadway musicals, cowboys and Indians, jazz, flappers, speakeasies, and myriad other markers of American popular culture.
Modernist Fraud
Authors: Diepeveen Leonard 
Published: April 2019

Abstract
Focusing on literature and visual art in the years 1910–1935, Modernism and Deception begins with the omnipresent accusations that modernism was not art at all, but rather an effort to pass off patently absurd works as great art. These assertions, common in the time’s journalism, are used to understand the aesthetic and context which spawned them, and to look at what followed in their wake. Fraud discourse ventured into the aesthetic theory of the time, to ideas of artistic sincerity, formalism, and the intentional fallacy. In doing so, it profoundly shaped the modern canon and its justifying principles. Modernism and Deception reaches broadly. It goes to reviews and newspaper accounts of art scandals, such as the 1913 Armory Show, the 1910 and 1912 Postimpressionist shows, and Tender Buttons; to daily syndicated columns; to parodies and doggerel; to actual hoaxes, such as Spectra and Disumbrationism; to the literary criticism of Edith Sitwell; to the trial of Brancusi’s Bird in Space; and to the contents of the magazine Blind Man, including a defense of Duchamp’s Fountain, a poem by Bill Brown, and the works of and an interview with the bafflingly unstable painter Louis Eilshemius. In turning to these materials, the book reevaluates how modernism interacted with its publics and describes how a new aesthetic begins: not as a triumphant explosion that initiates irrevocable changes, but as an uncertain muddling and struggle with ideology.
Modernists Reading Themselves
Authors: Diepeveen Leonard 
Published: April 2019

Abstract
Chapter 5 begins with an extended examination of Edith Sitwell’s interactions with her critics and her baffling formalist analyses of her own works. Sincerity, in early modernism, was under contestation. While initially apologists tended to claim sincerity for modernism either as self-expression or as accurate rendering of perception, sincerity became increasingly based on self-consciousness and methodology, based on ideas of development and professionalism. Modernism’s defenders increasingly moved intent to the sidelines, with the following arguments: that modernist works had articulable meaning; that the province of real criticism proceeded from a general acknowledgement of the artwork’s autonomy; that it was inappropriate for criticism to consider intent; and that forms of doubleness like contradiction, paradox, and irony were central not just to modernism but to all great art. In short, the defenses of modernism’s apparent fraud modulated into an aesthetic discourse based on formalism, New Criticism, and the intentional fallacy.
Vehicular Optimal Control
Authors: Limebeer David J. N. , Massaro Matteo 
Published: April 2019

AbstractChapter 9 deals with the solution of minimum-time and minimum-fuel vehicular optimal control problems. These problems are posed as fuel usage optimization problems under a time-of-arrival constraint, or minimum-time problems under a fuel usage constraint. The first example considers three variants of a simple fuel usage minimization problem under a time-of-arrival constraint. The first variant is worked out theoretically, and serves to highlight several of the structural features of these problems; the other two more complicated variants are solved numerically.The second example is also a multi-stage fuel usage minimization problem under a timeof- arrival constraint.More complicated track and vehicle models are then employed; the problem is solved numerically. The third problem is a lap time minimization problem taken from Formula One and features a thermoelectric hybrid powertrain. The fourth and final problem is a minimum-time closed-circuit racing problem featuring a racing motorcycle and rider.
China’s Inward Investment
Authors: Enrigh Michael J 
Published: April 2019

Abstract
One of the most important components in China’s economic reform programme has been the economy’s gradual opening to inward foreign direct investment (IFDI) and foreign invested enterprises (FIEs). While China has become more and more open to IFDI over time, it remains far more closed than most large economies. In recent years, we have seen the apparent contradictory trends toward developing what appears to be a more liberal legal environment for IFDI combined with highly publicized examples of pushback against FIEs in China. In order to understand China’s approach towards IFDI and FIEs, it is necessary to understand the historical background of IFDI and FIEs in China, the objective function that China applies to IFDI and FIEs, and the fact that the impact of IFDI and FIEs on China’s economy is often underestimated. These features will influence any investment treaties that might be reached with China and how they will be implemented. This chapter also provides a broad-brush perspective on China’s approach toward IFDI and FIEs. It then describes the results of novel method of estimating the economic benefits that IFDI and FIEs have brought to China. Finally, the chapter provides perspectives for those interested in the potential for the negotiation and implementation of investment agreements with China.
Lessons Learned from the Canada–China FIPA for the US–China BIT and beyond
Authors: Dickson-Smith Kyle Dylan 
Published: April 2019

Abstract
Key lessons can be made from analysing a unique and recent BIT, the Canada–China Foreign Investment Protection Agreement (FIPA), in order better to predict and identify the opportunities and challenges for potential BIT counterparties of China (such as the United States, the European Union (EU), India, the Gulf Cooperation Council, and Columbia). The Canada–China FIPA and the anticipated US–China BIT (and EU–China BIT) collectively fall into a unique class of investment agreements, in that they represent a convergence of diverse ideologies of international investment norms/protections with two distinct (East/West) underlying domestic legal and economic systems. The purpose of this chapter is to appreciate and utilize the legal content of the Canada–China FIPA in order to isolate the opportunities and challenges for investment agreements currently under negotiation (focusing on the US–China BIT). This analysis is conducted from the perspective of China’s traditional BIT practice and political–economic goals, relative to that of its counterparty. This chapter briefly addresses the economic and broader diplomatic relationship between China and Canada, comparing that with the United States. It then analyses a broad selection of key substantive and procedural obligations of the Canada–China FIPA, addressing their impact, individually and cumulatively, to extract what lessons can be learned for the United States (US) and other negotiating parties. This analysis identifies the degree of investment liberalization and legal protection that Canada and China have achieved, and whether these standards are reciprocally applied. The analysis is not divorced from the relevant political economy and negotiating position between China and the counterparty and the perceived economic benefits of each party, as well as any diplomatic sensitive obstacles between the parties. While this chapter does not exhaustively analyse each substantive and procedural right, it provides enough of a comprehensive basis to reveal those challenges that remain for future bilateral negotiations with China.
The RCEP Investment Rules and China
Authors: Wang Heng 
Published: April 2019

Abstract
The chapter analyses China’s FTA approach to investment in terms of malleability, and its implications for the RCEP. The following questions are discussed: what is the trend of China’s FTA approach to investment concerning malleability? Is China a rule follower, shaker, or maker? How may China’s approach the RCEP regarding investment? The chapter demonstrates, firstly, that China is willing to substantially improve rules and embrace newer style investment stipulations. The ChAFTA contains innovative safeguards of regulatory autonomy and ISDS procedural features (including the roster of arbitration panellists, the public welfare notice, the code of conduct for arbitrators, and the joint interpretation of the annex by treaty parties). Secondly, China will probably be a rule shaker in the short to medium term, and possibly becomes a rule-maker in the long term. Its approach may evolve from selective adaption to targeted innovation. The reason is plain as China will be increasingly active in the development of investment norms due to the need to protect its outbound investment and enhance investor confidence in inbound investment. As a rule-shaker in the RCEP negotiations, China will often modify proposals of partners rather than offer a new set of clauses. Given various factors (including the unique nature of mega FTA, ‘stockpile’ of existing investment agreements, and China’s approach to the ASEAN), China may take a more flexible stance in the RCEP than in bilateral FTAs. The RCEP will affect the shaping of China’s FTA approach to investment.
He Who Makes the Rules Owns the Gold
Authors: Slawotsky Joel 
Published: April 2019

Abstract
This chapter analyses the ever-increasing importance of Chinese influence on international investment law, which is a key branch of international economic law. By using the mechanics of the current architecture to assume a leadership role, China will likely become the new architect of the legal and financial orders. New infrastructure and development banks, a growing usage of the yuan and other incipient transformations, herald an upcoming era of new international law architects. While new institutions may initially work in conjunction within the existing framework, it is probable that the new architects’ alternatives will reach a critical mass and achieve an independent role in the international economic and legal orders. This transformation will likely lead to rewriting the rules and will serve to devalue the institutions which have enforced the global governance architecture over the previous seventy years. At a minimum, the replacement of the present architects will present a definitional, let alone enforcement problem with respect to international law. A different code of conduct may conflict with current norms and international law will need to focus on this potential dichotomy between former and new standards and customs. The failure to address this impending clash of customs may lead to a fracture of global cooperation and enforcement of international law, reduced prosperity, and heightened economic and military conflict.
Implementing Investor–state Mediation in China’s Next Generation Investment Treaties
Authors: Shang Shu 
Published: April 2019

Abstract
This chapter discusses the possible proposal of implementing an investor–state mediation mechanism in China’s next generation IIAs, especially for disputes where the Chinese state will be acting as the Respondent. It first discussed the rise of mediation in international commercial and business dispute settings and mediation’s potential applications in resolving investor–state claims. It then discussed the background of recent rise of ADR in China and why that might lead to the adoption of an investor–state mechanism in the country’s future BITs, and how such a mechanism shall be devised. At the end, it wrapped up the discussion by arguing that rather than returning to political means of settling investor–state disputes, the recent rise of interest-based investor–state mediation indicates the benevolent interaction between parties as they become more experienced with investment treaty claims.
Descartes's Fictions
Authors: Gilby Emma 
Published: April 2019

Abstract
Descartes’s Fictions traces common movements in early modern philosophy and literary method. This volume reassesses the significance of Descartes’s writing by bringing his philosophical output into contact with the literary treatises, exempla, and debates of his age. Arguing that humanist theorizing about the art of poetry represents a vital intellectual context for Descartes’s work, the volume offers readings of the controversies to which this poetic theory gives rise, with particular reference to the genre of tragicomedy, the question of verisimilitude, and the figures of Guez de Balzac and Pierre Corneille. Drawing on what Descartes says about, and to, his many contemporaries and correspondents embedded in the early modern republic of letters, this volume shows that poetics provides a repository of themes and images to which he returns repeatedly: fortune, method, error, providence, passion, and imagination, amongst others. Like the poets and theorists of the early modern period, Descartes is also drawn to the forms of attention that people may bring to his work. This interest finds expression in the mature Cartesian metaphysics of the Meditations, as well as, later, in the moral philosophy of his correspondence with Elisabeth of Bohemia or the Passions of the Soul. Some of the tropes of modern secondary criticism—a comparison of Descartes and Corneille, or the portrayal of Descartes as a ‘tragic’ figure—are also re-evaluated. This volume thus bridges the gap between Cartesian criticism and late-humanist literary culture in France.