bluuebunny/crossref_metadata_2025_split huggingface dataset:
Introduction
Authors: Allen Stephen , Costelloe Daniel , Fitzmaurice Malgosia , Gragl Paul , Guntrip Edward 
Published: October 2019

Abstract
This introductory chapter provides an overview of the role of jurisdiction in international law. Jurisdiction becomes an issue in international law once a state adopts laws that govern matters which are not purely of domestic concern. In this case, the extension of jurisdiction to regulate the activities of a state’s nationals abroad under the so-called active personality principle draws on the conception of a state as more than just territory, namely as a group of persons, wherever located, who are subject to a common authority that accompanies nationality. This type of jurisdiction is exercised to protect a state’s reputation from being tarnished by the conduct of its nationals abroad. Meanwhile, the question of nationality is determined by domestic law, although international law ascertains whether such a claim of nationality by one state must be accepted by another on the basis of the ‘genuine link’ test.
The Beginnings of State Jurisdiction in International Law until 1648
Authors: Tuori Kaius 
Published: October 2019

Abstract
This chapter examines the evolution of sovereignty, universal jurisdiction, and state authority prior to the existence of the Westphalian international legal order, studying three cases from the Roman and medieval practice. The first case is a reply by Roman emperor Antoninus Pius on the limits of his jurisdiction with regards to the high seas. The second case revolves around the Constitutio Antoniniana, a disputed legal rule that gave citizenship to all inhabitants of the Roman Empire, for the first time invoking the territoriality principle. The third case relates to the principle of universal jurisdiction and the pope’s universal authority and its implications for the development of international jurisdiction. These cases highlight that the traditional image given in the literature of the history of the world being divided into a premodern world based on the personality principle and the ‘post-Westphalian’ world dominated by nation states and the territorial principle is misleading.
Jurisdictional Pluralism
Authors: Berman Paul Schiff 
Published: October 2019

Abstract
This chapter offers a theoretical framework for the reconceptualization of jurisdiction, one which recognizes the extent to which contemporary social conditions—which are increasingly experienced across different jurisdictions—and changes in regulatory authority are visibly supplanting the exclusive notion of jurisdiction favoured by classical international law, with its preoccupation with sovereignty and territory. Viewing the concept of jurisdiction through the lens of legal pluralism opens up a wide range of inquiries that tend to be ignored or suppressed in most legal discussions of jurisdiction. Indeed, jurisdictional pluralism is both a descriptive reality, a theoretical framework, and a potentially productive institutional design choice. The chapter then argues that jurisdictional contestation is an inherent feature of living in a world with multiple overlapping communities.
Private Interests and Private Law Regulation in Public International Law Jurisdiction
Authors: Mills Alex 
Published: October 2019

Abstract
This chapter focuses on private interests and private law regulation in public international law jurisdiction, and discusses how questions of private law are generally marginalized in favour of a focus on public law, particularly criminal law. This is surprising and unfortunate for two main reasons. The first is that private law issues played a central role in the development of public international law jurisdictional principles. The second is that public international lawyers have, in a range of other contexts, increasingly recognized the significance of private law regulation, and the ‘public’ function which it can play in pursuing particular state interests. Recognizing the significance of private law jurisdiction presents, however, some important challenges to the way in which public international law jurisdiction has become to be understood.
Jurisdiction and State Responsibility
Authors: Trapp Kimberley N. 
Published: October 2019

Abstract
This chapter examines state responsibility issues in respect of a state’s exercise of jurisdiction through the prism of several themes, including shifting approaches to sovereignty and the increasing pluralism of the international community. These competing paradigms are, in some respects, reflected in the substantive law of jurisdiction, or might help to navigate between possible approaches to jurisdiction where positive law does not settle the matter. These paradigms may also have implications for the way in which the secondary rules of state responsibility do or should apply to internationally wrongful acts in respect of jurisdiction, and in turn the practice of state responsibility may support or provide evidence for the governing paradigm. The chapter then considers the law of criminal jurisdiction through the prism of state responsibility, particularly regarding the practice of state responsibility for excessive jurisdiction and the implications of the competing paradigms of international law in respect thereof.
International Investment Law, Hybrid Authority, and Jurisdiction
Authors: Guntrip Edward 
Published: October 2019

Abstract
This chapter discusses the extent to which contemporary approaches to jurisdiction can be applied to hybrid exercises of state and non-state authority in international investment law. Relying on theories of relative authority and transnational law, it demonstrates that jurisdiction needs to be reformulated to capture exercises of hybrid authority in international law. If jurisdiction cannot address hybrid authority, it will continue to overlook significant exercises of authority within international investment law. Based on how hybrid authority functions in international investment law, the chapter then highlights that the role of the state in international law has altered from being a welfare state to a competition state. Yet, the jurisdictional framework has not adapted to the altered function of the state. Hence, despite the common use of hybrid authority in international investment law, it cannot be accommodated within the jurisdictional framework.
International Criminal Jurisdiction
Authors: Schmalenbach Kirsten 
Published: October 2019

Abstract
This chapter examines the theoretical foundations and the genealogy of international criminal jurisdiction in international law. While it is clear that international criminal jurisdiction cuts into national jurisdiction to a certain extent, the question concerning the proper foundation of international criminal jurisdiction—whether it rests on state consent or a mandate by the international community—remains more nuanced and more debated. The chapter also explores judicial perspectives on the jurisdiction of international courts and tribunals. It argues that, where the Security Council has been involved in establishing a court or tribunal, jurisprudence supports the position that international criminal jurisdiction is exercised on behalf of the international community. In the case of the International Criminal Court (ICC), however, the picture becomes more complex, due to the role of domestic criminal jurisdiction and the difficulty in identifying a single international community.
Asia’s Ambivalence about International Law
Authors: Chesterman Simon 
Published: October 2019

Abstract
This chapter traces the broad history of Asia’s engagement with international law, focusing on three aspects that continue to have resonance today. First is the experience of colonialism by India and many other countries across the continent. Second, the unequal treaties of the nineteenth century and the failure to recognize the People’s Republic of China for much of the twentieth century encouraged a perception that international law was primarily an instrument of political power. Third, the trials that followed World War II left a legacy of suspicion that international law deals only selectively with alleged misconduct, leaving unresolved many of the larger political challenges of that conflict with ongoing ramifications today. The chapter then argues that Asian states’ ongoing ambivalence towards international law and institutions can also be attributed to the diversity of the region, power disparities among states, and the absence of ‘push’ factors driving greater integration.
Regional Organizations
Authors: Hsien-Li Tan 
Published: October 2019

Abstract
This chapter examines the relationship that Asia-Pacific regional and sub-regional organizations have with international law, looking at seven international organizations that span the region. It is commonly believed that the member states of Asia-Pacific regional organizations prefer less formalized institutions and fewer binding commitments. Conventional reasons for this include their history of colonialism, less legalistic and formalized cultures, and a preference for stricter conceptions of sovereignty. As such, their organizations are often perceived as less effective. However, the effectiveness of Asia-Pacific regional institutions should not be judged by one uniform standard. Instead they should be judged on their own definition of effectiveness. There should be a broader understanding that Asia-Pacific states consciously use and participate in their regional organizations differently than in other regions, and they may prefer less institutionalized models as these serve their purposes better and can still be successful.
Law of the Sea and Asian States
Authors: Beckman Robert 
Published: October 2019

Abstract
This chapter describes Asia’s active participation in the law of the sea. The modern law of the sea is set out in the United Nations Convention on the Law of the Sea 1982 (UNCLOS), as modified by the Agreement relating to the Implementation of the Convention 1994. UNCLOS establishes a legal order for all use of the oceans, has been universally accepted, and has been described as a ‘constitution’ for the oceans. Indeed, one of the major achievements of UNCLOS was the establishment of a clear demarcation of rights and jurisdiction in the oceans. The chapter then looks at how Asian states have contributed to, participated in, and implemented the UNCLOS regime. The term Asian states is used rather loosely, but includes states in South Asia, Southeast Asia, Northeast Asia, and the western Pacific.
International Economic Law and Asia
Authors: Jiangyu Wang 
Published: October 2019

Abstract
This chapter explores the development of international economic law in Asia and the Pacific. International economic law (IEL), which is based on liberal economic theories, holds a special meaning for Asia because it has been associated with colonization, modernization, and globalization ever since it was first encountered by countries in the region. Asian countries’ subscription to IEL is thus a historical journey. Generally, Asia’s participation in the making of IEL has been rather limited, but a number of Asian countries—including China, India, Japan, Korea, and certain Southeast Asian countries—have benefited from the Western-dominated international economic order by making use of its rules, though at different times of history. The chapter then turns to several recent IEL related initiatives in Asia, including the Asian Infrastructure Investment Bank, the New Development Bank, and China’s Belt and Road Initiative.
Indonesia
Authors: Juwana Hikmahanto 
Published: October 2019

Abstract
This chapter looks at international law in Indonesia. From the beginning of its establishment as a state, alongside the formation of the Indonesian government, Indonesia has committed itself to participating on the international stage. Paragraph 4 of the Preamble of the Constitution of the Republic of Indonesia 1945 shows such commitment. Indonesia’s role in the Bandung Conference of 1955 is another pivotal point to consider since Indonesia was one of the initiators of the Conference. Nevertheless, the development of international law in Indonesia is not merely about the 1945 Constitution and the Bandung Conference. It is also about Indonesia advancing its interests at the international level and making its voice count. In doing so, however, Indonesia has not been free from politics. Indonesia uses international law as a political instrument to pursue its interests; and other countries likewise use international law to advance their interests towards Indonesia.
Malaysia
Authors: Ghafur Hamid @ Khin Maung Sein Abdul 
Published: October 2019

Abstract
This chapter describes international law in Malaysia. Malaysia is unique in the sense that it amalgamates multiple characteristics: a federal state, a constitutional monarchy, and a state with a dual legal system. It is a multilateral player with active involvement in many intergovernmental organizations. In relation to international conventions, Malaysia has a policy of respecting them and complying with them. What is surprising, however, is that Malaysia rejects outright the doctrine of incorporation in respect of customary international law, deviating from the practice of the UK and other common law countries. Despite the fact that customary international law is binding on all states, and that a state will be responsible under international law for its breach, customary international law appears to be an alien law to the Malaysian courts. It appears that Malaysia is not only a dualist country, but also more dualist compared to any other common law counterparts.
India
Authors: Chimni B. S. 
Published: October 2019

Abstract
This chapter examines international law in India, offering an overview of India’s engagement with international law in the colonial and postcolonial periods. Whether it is the fact of the East India Company becoming an empire, or British India becoming an original member of both the League of Nations and the United Nations, India’s relationship with international law has been somewhat unusual. The review in this chapter encompasses the following sub-themes: the development of international law in the colonial era, 1600–1947; the place of international law in the Constitution of India 1949; the approach of Indian courts to international law, 1950–2017; and India’s multilevel engagement and contribution to international law, 1947–2017.
Bangladesh
Authors: Hossain Kamal , Bhuiyan Sharif 
Published: October 2019

Abstract
This chapter focuses on international law in Bangladesh. Neither the Constitution of Bangladesh nor any statute contains any specific provision on domestic application of international law rules. However, it is well settled by various judicial decisions that in respect of domestic application of international treaties, Bangladesh is a dualist country. In order to be applied by national courts, it is necessary for the treaty to be incorporated into Bangladesh’s legal system by an act of incorporation. In respect of customary international law, there is no clear judicial decision on whether customary law automatically forms part of Bangladesh law or whether, like treaties, such law is required to be made a part of Bangladesh law by a legislative, judicial, or other measure. It is likely that Bangladesh courts will adhere to the English and common law tradition of treating customary international law as automatically forming part of Bangladesh law as long as there is no inconsistent domestic legal provision.
Afghanistan
Authors: Taylor Veronica L. 
Published: October 2019

Abstract
This chapter addresses international law in Afghanistan. States where the ‘post-conflict’ period is, in fact, a series of continuing sub-national conflicts, are often coded as ‘failed’ or ‘fragile’ and are also criticized as failing in their embrace of international law. In the case of Afghanistan, such ‘discourses of deficiency’ also erase some important legal history. For most of its history, Afghanistan has been contingent as a Westphalian state. This means that it has also had a fluid relationship with the institutions and norms of international law, including the normative discourse and practice of the international rule of law. Although Afghanistan has been a member of the United Nations since 1946, and thus a contributor to international law in the twentieth century, it is seen more as a subject of international law. After considering these issues, the chapter then highlights the complexity of Afghan’s location within, as well as its relationship with, international law, international legal institutions, and international legal norms.
Local activity of comets: an indicator of non-uniform composition
Authors: Kossacki Konrad J , Czechowski L 
Published: October 2019

ABSTRACT
In this paper, we investigate the conditions for the local ejection of a metamorphosed surface layer of material from a comet. We have calculated the strengthening of the material of the nucleus of comet 67P/Churyumov–Gerasimenko and the increase of gas pressure in pores. We are interested in the boundary between the regions Anhur and Bes, where an active pit has been identified. We show that material rich in ice can be exposed as a result of the local ejection of the strengthened layer of material several metres thick. This process does not require locally increased concentrations of very volatile components, such as carbon monoxide. A sufficient condition is the heterogeneity of material granulation.
The cosmological distribution of compact object mergers from dynamical interactions with SMBH binaries
Authors: Wang Yi-Han , Leigh Nathan W C , Sesana Alberto , Perna Rosalba 
Published: October 2019

ABSTRACT
We combine sophisticated high-precision scattering experiments, together with results from the Millenium-II simulation, to compute the cosmic merger rate of bound compact object (CO) binaries dynamically interacting with supermassive black hole binaries (SMBHBs). We consider binaries composed of white dwarfs (WDs), neutron stars (NSs), and black holes (BHs). The overall merger rates for WD–WD, NS–NS, BH–BH, BH–NS binaries, and EBBH (eccentric binaries of BHs) from redshift ∼5 are found to be $4.32\times 10^3\, \mathrm{yr}^{-1}(5.93\times 10^2\, \mathrm{yr}^{-1}$ for Type Ia SNe), $82.7\, \mathrm{yr}^{-1}$, $96.3\, \mathrm{yr}^{-1}$, $13.1\, \mathrm{yr}^{-1}$, and $148\, \mathrm{yr}^{-1}$, respectively, for a nominal CO binary fraction in the Galactic centre of 0.1. We calculate the distance (R) distribution of the merger sites with respect to the host galaxies of the binaries. The distribution shows a wide range of distances up to ∼Mpc; this tail is produced by escaped hypervelocity CO binaries. Due to the differences in the matter density of the surrounding environment, merger events with different R are expected to display significantly different signatures in their EM counterparts. In particular, merger events (and especially NS–NS) producing a relativistic jet but occurring in the intergalactic medium will have very weak afterglow radiation relative to their prompt emission. These events, which we call ‘off-centre’, can only be produced from a close encounter between CO binaries and SMBHBs; hence the detection of such merger events would indicate the existence of nearby SMBHBs, and in particular with high mass ratio, produced in the aftermath of a major galaxy merger.
Astroinformatics-based search for globular clusters in the Fornax Deep Survey
Authors: Angora G , Brescia M , Cavuoti S , Paolillo M , Longo G , Cantiello M , Capaccioli M , D’Abrusco R , D’Ago G , Hilker M , Iodice E , Mieske S , Napolitano N , Peletier R , Pota V , Puzia T , Riccio G , Spavone M 
Published: October 2019

ABSTRACT
In the last years, Astroinformatics has become a well-defined paradigm for many fields of Astronomy. In this work, we demonstrate the potential of a multidisciplinary approach to identify globular clusters (GCs) in the Fornax cluster of galaxies taking advantage of multiband photometry produced by the VLT Survey Telescope using automatic self-adaptive methodologies. The data analysed in this work consist of deep, multiband, partially overlapping images centred on the core of the Fornax cluster. In this work, we use a Neural Gas model, a pure clustering machine learning methodology, to approach the GC detection, while a novel feature selection method (ΦLAB) is exploited to perform the parameter space analysis and optimization. We demonstrate that the use of an Astroinformatics-based methodology is able to provide GC samples that are comparable, in terms of purity and completeness with those obtained using single-band HST data and two approaches based, respectively, on a morpho-photometric and a Principal Component Analysis using the same data discussed in this work.
Dark Energy Survey year 1 results: the relationship between mass and light around cosmic voids
Authors: Fang Y , Hamaus N , Jain B , Pandey S , Pollina G , Sánchez C , Kovács A , Chang C , Carretero J , Castander F J , Choi A , Crocce M , DeRose J , Fosalba P , Gatti M , Gaztañaga E , Gruen D , Hartley W G , Hoyle B , MacCrann N , Prat J , Rau M M , Rykoff E S , Samuroff S , Sheldon E , Troxel M A , Vielzeuf P , Zuntz J , Annis J , Avila S , Bertin E , Brooks D , Burke D L , Carnero Rosell A , Carrasco Kind M , Cawthon R , da Costa L N , De Vicente J , Desai S , Diehl H T , Dietrich J P , Doel P , Everett S , Evrard A E , Flaugher B , Frieman J , García-Bellido J , Gerdes D W , Gruendl R A , Gutierrez G , Hollowood D L , James D J , Jarvis M , Kuropatkin N , Lahav O , Maia M A G , Marshall J L , Melchior P , Menanteau F , Miquel R , Palmese A , Plazas A A , Romer A K , Roodman A , Sanchez E , Serrano S , Sevilla-Noarbe I , Smith M , Soares-Santos M , Sobreira F , Suchyta E , Swanson M E C , Tarle G , Thomas D , Vikram V , Walker A R , Weller J ,   (The DES Collaboration)
Published: October 2019

ABSTRACT
What are the mass and galaxy profiles of cosmic voids? In this paper, we use two methods to extract voids in the Dark Energy Survey (DES) Year 1 redMaGiC galaxy sample to address this question. We use either 2D slices in projection, or the 3D distribution of galaxies based on photometric redshifts to identify voids. For the mass profile, we measure the tangential shear profiles of background galaxies to infer the excess surface mass density. The signal-to-noise ratio for our lensing measurement ranges between 10.7 and 14.0 for the two void samples. We infer their 3D density profiles by fitting models based on N-body simulations and find good agreement for void radii in the range 15–85 Mpc. Comparison with their galaxy profiles then allows us to test the relation between mass and light at the 10 per cent level, the most stringent test to date. We find very similar shapes for the two profiles, consistent with a linear relationship between mass and light both within and outside the void radius. We validate our analysis with the help of simulated mock catalogues and estimate the impact of photometric redshift uncertainties on the measurement. Our methodology can be used for cosmological applications, including tests of gravity with voids. This is especially promising when the lensing profiles are combined with spectroscopic measurements of void dynamics via redshift-space distortions.