bluuebunny/crossref_metadata_2025_split huggingface dataset:
Revisiting the Role and Future of National Constitutions in European and Global Governance: Introduction to the Research Project
Authors: Albi Anneli , Bardutzky Samo 
Published: May 2019

AbstractThe Introduction provides an overview of the research project ‘The Role and Future of National Constitutions in European and Global Governance’, which was funded by a five-year grant of 1.2 million EUR, awarded by the European Research Council (ERC). The research findings are published in the present two-volume book, containing national reports from twenty-eight EU Member States, and a twenty-ninth report – focusing on constitutional reforms related to global governance – from Switzerland. The reports are based on the project Questionnaire. The main themes are threefold: (a) constitutional amendments with a view to EU membership; (b) constitutional adjudication at the national level regarding EU measures such as the Data Retention Directive, European Arrest Warrant and ESM Treaty; and (c) novel challenges that are increasingly highlighted in the wider context of global governance (i.e. beyond the classic international treaties that advance human rights, peace and environmental protection) in relation to democratic participation, judicial review and the rule of law. Whilst in the mainstream discourse national constitutions have typically been approached from a top-down perspective and with a focus on sovereignty, the present bottom-up study allows for the perspective to be broadened by looking at how EU and transnational law have affected constitutional cultures in specific areas, such as fundamental rights protection, rule of law safeguards and constitutional review. The reports are accompanied by a linked book with a Comparative Study, which divides the constitutional systems of the EU Member States into three broader constitutional cultures and identifies overarching trends, changes and processes regarding constitutionalism. The comparative research findings are briefly outlined in the Introduction, inviting discussion on what ought to be the direction of travel for national, comparative European, EU and global constitutionalism. The project and the reports explore constitutional developments up until 2014-15 and do not address the more recent illiberal trends.
The Constitution of Croatia in the Perspective of European and Global Governance
Authors: Goldner Lang Iris , Đurđević Zlata , Mataija Mislav 
Published: May 2019

AbstractThe report from the newest EU Member State – Croatia – explains that the constitutional system represents a break from the former socialist system, where the Constitution had been more ‘political’ and not directly applied in practice. The constitutional order is highly influenced by the German constitutional tradition, and the Constitutional Court often cites the German Constitutional Court. The Constitution has been amended with regard to the EU in a very extensive manner. No significant constitutional issues have arisen with regard to EU or international law. By way of some limited exceptions, trade unions and individuals unsuccessfully sought to contest austerity measures required as part of the EU Council’s excessive deficit proceedings in the Constitutional Court. The Constitutional Court has additionally adjudicated questions on whether referendums regarding privatisation of certain public services are permissible, given that the referendum outcome could lead to incompatibility with EU law. The increased cost of water in relation to a relevant EU Directive was the object of the first reference for a preliminary ruling from Croatia. With regard to the European Arrest Warrant (EAW), some legislative guarantees (such as the statute of limitations) were removed from an implementing law following severe criticism and the threat of financial sanctions from the European Commission. The move through the EAW system towards in absentia judgments has also led to some debate, given the historical experience with a high number of in absentia judgments during the 1991–1995 war and the subsequent finding that a vast majority of these trials had violated fair trial rights.
The Belgian Constitution: The Efficacy Approach to European and Global Governance
Authors: Popelier Patricia , Van de Heyning Catherine 
Published: May 2019

AbstractThe Belgian Constitution dates back to 1831 but became more prominent with the introduction of the Constitutional Court in 1980. While initially tasked with adjudication of federal competences, the Court gradually turned into a fundamental rights court. The protection of fundamental rights is predominantly based on the ECHR. The Belgian constitutional system demonstrates a singular openness towards international influences and, in particular, the European integration project. A monist approach, adopted by the Supreme Court in 1971, ensures the smooth implementation and priority of international and EU law, whereas only few instruments exist to temper their impact on constitutional values and fundamental rights or to ensure legitimacy. The disintegration of the Belgian State weakened the concept of national sovereignty, referendums for the approval of treaties are unconstitutional, and ratification of a treaty is not subjected to specific requirements other than a majority vote in Parliament. Overall, the Belgian Constitutional Court gives evidence of a strikingly Europe-friendly attitude, in line with attitudes at the political level and in society. Consequently, both the Europeanisation of constitutional rights and the implementation of international and EU law that potentially restrict fundamental rights, hardly trigger public debate. This approach, however, may change in the future. Surveys demonstrate that confidence in the European integration project is in decline amongst young adults. In 2016, after the submission of this paper, the Constitutional Court for the first time adhered to the constitutional identity doctrine, so far without further consequences. Also, it can be expected that the Constitutional Court would not easily accept external interference that would upset the delicate linguistic balances that are crucial for the stability of a divided Belgian State. Already, (Flemish) political parties are hesitant to join international treaties that they perceive as a threat to such balances.
The Role of the Danish Constitution in European and Transnational Governance
Authors: Krunke Helle , Baumbach Trine 
Published: May 2019

AbstractThe Danish Constitution originates from 1849. Its human rights catalogue, which stems from 1953, is described in the report as old and not very comprehensive; in many cases the ECHR goes further in protection. Denmark does not have a constitutional court, and courts take a deferential approach to judicial review; up until 2015, only one Act had been annulled on the grounds of unconstitutionality. The Danish concept of democracy builds on a strong Parliament and reluctant courts, which are careful not to act in a ‘political’ manner. Regarding constitutional amendments, the Danish Constitution has not undergone changes in relation to EU membership. This is partly attributed to the difficult amendment procedure involving two (different) referendums and a high turnout requirement. In practice, Danish parliamentary control over Government in EU decision-making has widely come to be regarded as one of the strongest in Europe. However, with regard to domestic implementation, in 2015 Parliament expressed concern that the executive had implemented EU directives by administrative acts in nine out of ten cases. Other constitutional issues that have arisen include considerable debate regarding the Laval line of cases, given the strong Scandinavian welfare system and the tradition of ordinary collective agreements. Another concern that has been raised by the Danish Supreme Court is that the use of teleological interpretation in a number of ECJ cases has affected legal certainty and foreseeability, which are at the centre of the Danish understanding of the rule of law.
Matter dependence of the four-loop QCD cusp anomalous dimension: from small angles to all angles
Authors: Brüser Robin , Grozin Andrey , Henn Johannes M. , Stahlhofen Maximilian 
Published: May 2019

AbstractWe compute the fermionic contributions to the cusp anomalous dimension in QCD at four loops as an expansion for small cusp angle. As a byproduct we also obtain the respective terms of the four-loop HQET wave function anomalous dimension. Our new results at small angles provide stringent tests of a recent conjecture for the exact angle dependence of the matter terms in the four-loop cusp anomalous dimension. We find that the conjecture does not hold for two of the seven fermionic color structures, but passes all tests for the remaining terms. This provides strong support for the validity of the corresponding conjectured expressions with full angle dependence. Taking the limit of large Minkowskian angle, we extract novel analytic results for certain terms of the light-like cusp anomalous dimension. They agree with the known numerical results. Finally, we study the anti-parallel lines limit of the cusp anomalous dimension. In a conformal theory, the latter is proportional to the static quark-antiquark potential. We use the new four-loop results to determine parts of the conformal anomaly term.
Morphological and histological study of the forewing of Aleyrodes proletella (Linnaeus 1758) (Sternorrhyncha, Hemiptera) with a comparative analysis of forewings among Sternorrhyncha infraorders
Authors: Franielczyk-Pietyra Barbara , Depa Łukasz , Wegierek Piotr 
Published: May 2019

AbstractIdentification of whiteflies is based mainly on larval stages and generally very little is known about wings of these insects. Therefore, both sides of the forewings of Aleyrodes proletella were studied using histological methods, light and scanning electron microscopes. Studies confirm the occurrence of only three veins on forewings: the costal, radial and anal ones; only the anal vein lies under the anal fold. A campaniform and trichoid sensilla are present. The shape of wax secretions and wing margins is described. The comparative analysis of forewing structures contains new data for all Sternorrhyncha infraorders. The current results confirm the monophyly of the group, but place aphids closer to psyllids. The analysis of forewing base indicates that its general model is similar among Sternorrhyncha, but there occur some intergroup differences. Ways of wing folding depend on the structure of thorax.
Beauty and the Bikini: Embodied Respectability in Nigerian Beauty Pageants
Authors: Balogun Oluwakemi M. 
Published: May 2019

Abstract:In the world of Nigerian beauty pageants, the bikini remains a fraught embodied symbol and aesthetic practice. Pageant affiliates, critics, and fans alike strongly debate the question of whether to include bikinis in these events. This article draws primarily from nearly a year of ethnographic observations of two Nigerian national beauty contests in 2009-2010 to show how various stakeholders used personal, domestic, and international frames about women’s bodies, and the bikini in particular, to bolster respectability. Through embodied respectability, women’s figurative and literal bodies were used to strategically situate propriety, social acceptance, and reputability for the self and the nation.
Traveling Companions: The Burial of the Placenta in Niger
Authors: Cooper Barbara M. 
Published: May 2019

Abstract:This article, part of a historical study of childbirth in the Sahel, draws upon oral interviews, ethnographic materials, and studies of midwifery to explore placenta burial in Niger. In the region the placenta is often referred to as the “traveling companion” that ushers the new human from one world to the next. Only through proper respect toward the placenta by means of careful burial can a woman’s future fertility be protected. The importance of protecting a woman’s future reproductive capacity accounts for both the centrality of this ritual to childbirth and for the appeal of the ritual expertise of elderly “traditional birth attendants” despite access to bio-medically trained midwives. Protecting a vulnerable parturient mother from the envy of those (such as co-wives) who might “tie up” her womb is an integral part of the process of childbirth. Appropriate placenta burial orchestrated by a woman’s therapy management group makes good on the cyclical intergenerational entrustment through which ancestors and descendants endure in a cycle linking birth and death, planting, and burial. “Traditional” rituals bear marks of major shifts in the agricultural economy, rapid urbanization, and ongoing adoption and reinterpretation of Islam. Multi-generational interviews reveal that across a broad range of ethnicities, status groups, and educational profiles, women in Niger share a concern for proper placenta burial. This approach to preserving women’s reproductive health and fertility is shared by adjacent neighbors, generations, and ethnicities.
Protocol for a clinical trial of telehealth-based social communication skills training for people with traumatic brain injury and their communication partners
Authors: Rietdijk Rachael , Power Emma , Brunner Melissa , Togher Leanne 
Published: May 2019

AbstractBackground: A previous clinical trial of training communication partners of people with traumatic brain injury (TBI) demonstrated positive outcomes [Togher, Power, McDonald, Tate, & Rietdijk (2009). Brain Impairment, 10(2), 188-204]. Adapting communication partner training for delivery via telehealth could improve access to this intervention.Objectives: To compare outcomes across in-person communication partner training, telehealth communication partner training and a control groupMethod: Protocol for a partially randomised controlled trial. People with moderate-severe TBI will be allocated to either an in-person or telehealth-based training program. Comparison data will be drawn from the original trial control group, which was recruited using the same eligibility criteria as this protocol. Outcomes after training will be compared between the in-person training group, the telehealth training group and the historical control group.Discussion: This protocol uses specific design features with the aim of maximising the study’s power, including a partially randomised allocation process and a historical control group. The results will inform about the feasibility and effectiveness of delivering TBI rehabilitation via telehealth.Trial registration: Australian and New Zealand Clinical Trials Registry: ACTRN12615001024538.
Reviewing the bases for a nomenclatural uniformization of the highest taxonomic levels in arthropods
Authors: Aria Cédric 
Published: May 2019

AbstractAs the most diverse animal phylum, Arthropoda expectedly has a complex nomenclatural history. Fossil stem groups scattering diagnostic traits of extant clades further complicate the matter. There have been some recent attempts at reorganizing higher-level arthropod taxonomy based on new fossil interpretations and phylogenetic results. However, I argue that this proposed terminology has introduced unnecessary confusion both for semantic reasons and because the core of these interpretations is being falsified. In this paper, I defend the rightful use of Arthropoda and Euarthropoda as key terms in organizing the major branches of the arthropod evolutionary tree and emend Euarthropoda based on the most recent findings in this field. To help with the description of the tree when dealing with euarthropods that belong outside of the main radiative clade including extant taxa, I propose the name Cenocondyla nom. nov., which represents the least inclusive group containing both Mandibulata and Chelicerata.
Reform of the Automobile Accident Compensation System
Authors: Englard Izhak 
Published: May 2019

This paper is based on a study prepared for the National Insurance Institute. Originally a comprehensive field study was envisaged, to include empirical data concerning the compensation of victims of automobile accidents in Israel, with the intention of examining the possibilities of necessary reform. It transpired that the field study needed substantial expansion in connection with a separate and independent study of the National Insurance Institute, relating to the rehabilitation of accident victims. It was therefore decided to deal with those areas which did not depend directly upon the empirical data. The absence of such data, however, restricted the possibility of drawing definite conclusions as to the state of affairs in Israel.The first public proposals in the matter appeared in the Report of the Ben-Ze'ev Committee, appointed by the Ministers of Justice and of Labour in 1964, which was published in the summer of 1966. The gist of the Report lay in the recommendation to leave the implementation of the proposed scheme to the National Insurance Institute. The insurance companies and others came out in opposition and for that reason apparently the Report was shelved.
The Rights of the Individual in Court
Authors: Hausner Gideon 
Published: May 2019

Close to one billion people, a third of the total population of the world, live under systems of government broadly defined as liberal-democratic, of which it can be said that authority rests on public opinion and is accountable to it. Out of the said number, only sixty million, i.e., 6%, live in states which have no formal written constitution. Great Britain is a notable example. New Zealand is another. Israel is a third in this exclusive company. In these countries it falls to the Courts, fortified as they are by the traditions of the Common law, to be the mainstay of the liberties of the individual. The English Common law, however, is “just like an English oak. You cannot transplant it to (another) continent and expect it to retain the tough character which it has in England. It will flourish indeed but it needs careful tending”. (per Lord Justice Denning).The application of western principles of the rule of law to the reborn Jewish State was more in the nature of a grafting than of a transplantation. It was a combination which offered an interesting legal experiment. While drawing upon ancient legal traditions and heritage, the Israel courts were vitalized through their access to the legal experience of English-speaking countries, especially so since the Common law in its mother country exemplified the adaptations of old principles to new needs long before it was exported abroad.
The New Statute Law of Contracts
Authors: Yadin Uri 
Published: May 2019

In speaking to an international congress on a given field of Israel law it would be natural, in order to facilitate communication with our guests from abroad, to compare the local law with the rules prevailing in one or more foreign systems. By doing so, similarities as well as dissimilarities could be pointed out and thereby the local picture put into proper perspective.Such comparison would have been easier had this congress taken place some years earlier, say in 1967. At that time a sweeping statement to the effect that the law of contract in Israel was the same as in England would have been fairly correct. To be true, some remnants from the pre-Mandate period of Ottoman legislation were still in force. But their impact on the living law was almost negligible in the face of the pervasive influx of English law and its nearly total domination in the field of contracts.English principles and precedents were applied throughout, whether in compliance with the mandate contained to that effect in art. 46 of the Palestine Order-in-Council of 1922 (which was maintained on the establishment of the State) or, simply because English law and English law reports were better known to most lawyers, both on the bench and at the bar. The papers read by Judge Baker and Advocate Shimron at the International Lawyers' Convention here in Jerusalem in 1958 bear ample witness to this state of affairs.
Extradition v. Asylum for Aerial Hijackers
Authors: Green L. C. 
Published: May 2019

The hijacking of a Lufthansa aircraft from Rome to Kuwait, via Athens, consequent upon the massacre at Rome airport, focused attention upon the problem of the prevention and punishment of aerial hijacking.This issue has many facets, but perhaps one of those which is of most interest to the lawyer is the institution of judicial proceedings against those involved. Insofar as international hijackings are concerned, the offender is always outside the territory of the country from or to which the aircraft is flying, either because of the diversion or because the hijacker has made his safe exit, a condition for the freeing of the aircraft or its passengers and crew. Invariably, too, he is outside the territory of the aircraft's state of registration. This means that extradition becomes a major issue, with the possibility of the hijacker seeking asylum in order to avoid his return to any of the various countries that may be seeking to place him on trial.
Twenty-Five Years of Criminal Procedure in Israel
Authors: Libai David 
Published: May 2019

Any attempt to review twenty-five years of legislation and judicial criminal procedure in twenty-five minutes is frustrating, since we have at our disposal one minute for each year of activity. This impossible task was imposed upon my colleagues and myself by the organizers of this important convention, apparently in the belief that Israelis are never deterred by difficult and even hopeless missions.We shall divide our discussion on criminal procedure into two parts: firstly, a brief history of legislation, and secondly, an examination of the accused's fundamental rights as they are protected in Israel after twenty-five years of statehood, and a partial survey of the Supreme Court's contribution to finding a reasonable balance between the defence of human rights and a guarantee of effectiveness in combating delinquency and bringing delinquents to punishment. The entire discussion will be in general terms, and many of the details mentioned will be no more than selected drops from the ocean of criminal procedure.
Freedom of Navigation and the New Law of the Sea
Authors: Lapidoth Ruth 
Published: May 2019

It may be asserted that freedom of navigation is the cornerstone of international intercourse. It has always been indispensable for shipping, but at the same time, in the past, it did not give rise to any significant conflict of interests. No wonder that freedom of navigation has been universally recognized as a basic norm of international law. Indeed, it is often cited as the most classic illustration of a peremptory norm of the law of nations.Freedom of navigation could not be confined to the high seas. It was soon realized that to ensure free access to and from the open sea, as well as free passage between its various parts, rights of navigation in several sea spaces other than the open sea should be recognized too. Consequently the ships of all nations are also entitled to enjoy certain rights of navigation in some areas which are subject to the sovereignty of the coastal State, particularly in international straits, even though they may form part of the territorial sea of the riparians. Whereas freedom of navigation on the high seas has long been taken for granted, these limited rights of passage have been the subject of friction and compromises between the users and the littoral State.