bluuebunny/crossref_metadata_2025_split huggingface dataset:
Reinforcing the International Court of Justice
Authors: Amirfar Catherine , Lavaud Floriane 
Published: September 2024

Abstract
This chapter explores the history and opportunities for cooperation between the UN Security Council and the International Court of Justice as the executive and judicial organs of the United Nations working toward the maintenance of international peace and security. The Security Council and the ICJ have mutually reinforcing roles in the post–World War II order. Section I of this chapter discusses how the Court can support the Council, including through advisory opinions under Article 96 of the UN Charter. Section II explores how the Council can in turn support the International Court of Justice, including by enforcing its judgments under Article 94(2) of the Charter and encouraging states to accept the Court’s jurisdiction and to refer their disputes for judicial settlement pursuant to Article 36(3) of the Charter. In so doing, the Council can be more effective in upholding the rule of law and maintaining international peace and security.
Enforcing the Rome Statute and the Geneva Conventions
Authors: Bensouda Fatou 
Published: September 2024

Abstract
Enforcement of international criminal law is key to averting the vicious cycle of violence and retribution; justice is essential for achieving sustainable peace and security. Ensuring criminal accountability for violations of the Rome Statute and the Geneva Conventions is not only necessary for purposes of punishing perpetrators but also serves as a deterrent to prevent genocide and other mass atrocity crimes. Despite the setbacks and challenges, the international community has made great progress advancing international criminal justice. The universal values of human rights and calls for ending impunity, including for heads of state and government, increasingly define this new century. The Security Council’s strong, consistent, and vocal support for the International Criminal Court and other transitional justice mechanisms can usher in a world that is less prone to conflict and more respectful of the rule of law. These goals are not only laudable but necessary for the sake of humanity.
Strengthening Regional Cooperation
Authors: Malovrh Boštjan 
Published: September 2024

Abstract
The chapter explores the challenges and possibilities of greater cooperation between the Security Council and the regional arrangements. Without prejudice to the Security Council’s primary responsibility for international peace and security, Chapter VIII of the UN Charter foresees a robust role for regional arrangements both in the peaceful settlement of disputes as well as through collective measures including the use of force. “Regional frameworks and organizations are critical building blocks for the networked multilateralism” envisaged in the Secretary-General’s New Agenda for Peace. In matters concerning international peace and security, from preventive diplomacy, to early peacekeeping deployments, to enforcement actions under Chapter VIII, the Security Council, has cooperated with regional arrangements as envisioned in Chapter VIII of the UN Charter. The chapter explores how the Security Council can do more to strengthen regional cooperation to maintain international peace and security and to fulfill the purposes and principles of the United Nations.
Conclusion
Authors: Khalil Mona Ali , Lavaud Floriane 
Published: September 2024

Abstract
The conclusion reaffirms the co-authors’ belief in the United Nations and its Charter as a viable path to a more just, peaceful, and secure world. It summarizes the main theme of each of the ten chapters, in which the authors aspire to a more representative and empowered membership of the Security Council; seek more legitimate and effective action to prevent and respond to aggression and mass atrocity crimes; urge restraint in the use of the veto by the permanent members of the Council; call for greater resort to the General Assembly as well as to the international courts; and encourage greater cooperation with regional organizations and other international security arrangements. Ultimately, the co-authors appeal to member States to recommit to the UN’s purposes and principles. and toembrace the proposals made in the book for the sake of current and future generations.
Recklessness in Tort
Authors: Goldberg John C.P. , Zipursky Benjamin C. 
Published: September 2024

Abstract
Unlike “Intentional Torts,” “Negligence,” and “Strict Liability,” “Recklessness” is not the name of a tort category. However, it does make sporadic appearances in tort law, often in cases that seem to fall between established categories; in this sense, it operates interstitially within the field. In fact, recklessness plays this role in two very different ways. In the law of defamation and fraud, it amounts to something less than full-fledged knowledge of falsity but more than negligence or even gross negligence, thus setting the lower boundary of malice. In other tort settings—including the application of certain assumption-of-risk doctrines—it again involves more than negligence, but less than full-fledged intentionality, but here it sets an upper boundary for negligence, namely, the point at which conduct becomes so unjustifiably dangerous that no-liability arguments that are viable in response to ordinary negligent conduct lose their force. We contend that attention to the ways in which recklessness serves as a fine-tuning mechanism in tort law can illuminate philosophical debates about the nature of recklessness, as well as jurisprudential inquiries concerning interstitial legal concepts.
Abyei Arbitration
Authors: Daly Brooks W , Schofield Garth 
Published: September 2024

Abstract
Initiated in 2008, the Abyei Arbitration con-cerned an internal boundary delimitation in the context of Sudan’s North-South civil war (→ Sudan). The → boundaries in question having already been delimited through the processes provided for in the Comprehensive Peace Agreement (‘CPA’), the dispute presented the question of whether the expert panel responsible for performing the initial delimitation exceeded their mandate. The Tribunal’s detailed elaboration of the standard of review for allegations of excess of mandate constitutes the Award’s (Government of Sudan v Sudan People’s Liberation Movement/Army [Abyei Arbitration] [Final Award]) principal contribution to international law. The case also presents a unique example of the resolution of an intrastate border dispute in the context of an armed conflict through speedy and public → arbitration.
Paris Declaration on Aid Effectiveness (2005)/Accra Agenda for Action (2008)
Authors: Dann Philipp , Vierck Leonie 
Published: September 2024

Abstract
The 2005 Paris Declaration on Aid Effectiveness (‘Paris Declaration’) and the 2008 Accra Agenda for Action (‘AAA’) created five principles advancing aid effectiveness, namely: ownership; harmonization; alignment; results; and mutual accountability. They were designed within the Development Assistance Committee (‘DAC’) of the → Organization for Economic Co-operation and Development (OECD) and apply to various participating countries, international organizations, and civil society organizations. The AAA followed up the Paris Declaration with more concrete steps integrating a wider range of development partners. Both documents have dominated recent development discourse and practice while their legal nature remains uncertain.
The Evaluation of Different Forms of Evidence
Authors: McDermott Yvonne 
Published: September 2024

Abstract
This chapter examines some general features of the framework for evidence evaluation in international criminal trials, including the principles of flexibility and free evaluation of the evidence; the need to exercise caution in certain circumstances; the duty to provide a reasoned opinion, and the principle of in dubio pro reo. It then discusses how judges evaluate the credibility and reliability of witness testimony, including special categories of witnesses such as expert witnesses and insider witnesses. Important factors in determining how much weight to afford to witness accounts include consistency, plausibility, demeanour and apparent sincerity, indications of collusion or witness interference, relationship to the accused, bias and motivation, contradictions with earlier statements or other evidence on the record, and the impact of trauma and the passage of time. Lastly, this chapter provides an account of how particular types of evidence, such as prior recorded testimony, NGO and media reports, demonstrative evidence, intercepts, audio-visual evidence, and technical evidence such as forensic or ballistic evidence, are weighed. In keeping with a common theme of this work, this chapter demonstrates that there is a great deal of flexibility built into the legal frameworks of the international criminal tribunals, with wide judicial discretion over how much weight to afford to distinct pieces of evidence, which tends to be determined on a case-by-case basis. This discretion has led to some divergent approaches, with uncertainty at times about what information the tendering party needs to provide when submitting a piece of evidence to demonstrate its probative value.
Introduction
Authors: Guerrero Alexander 
Published: September 2024

Abstract
This chapter provides an overview of the book as a whole. It highlights the two main aims of the book. First (in Part I), to present a case against the use of elections to select representatives. Second (in Part II), to present and defend an alternative political system, a lottocratic system, that uses lotteries rather than elections to select representatives. This introductory chapter provides a detailed chapter-by-chapter guide to the plan for the book, which also serves to provide an overview of the argument on behalf of lottocracy.
Lessening Distortion, Improving Agential Performance
Authors: Guerrero Alexander 
Published: September 2024

Abstract
This chapter argues that lottocracy would constitute a significant improvement with respect to problems of distortion. Part I documented distortion in electoral systems under modern political conditions, with a central example being the capture of elected representatives. Capture in electoral systems results from a lack of meaningful accountability caused by voter ignorance, ignorance caused in part by elite capture of news media; and generalist legislatures enabling policymaking on many issues to remain in the shadows. Elections also heighten short-term bias. Elections intensify political division, creating distortion through ingroup/outgroup dynamics that shift political focus to partisan warfare with victory as the end, rather than cooperative, empathetic problem identifying and problem solving as the end. And elections select a non-representative elite, with different interests and priorities than the full political community. This chapter draws attention to the ways in which lottocratic systems eliminate some sources of distortion by eliminating elections and their connection to capture, division, distraction, and elitism. This chapter also considers how distortive threats might reemerge in a lottocratic system and discusses how those threats might be addressed. I argue that shifting to a lottocratic system would cause a significant overall decrease in distortion and a corresponding increase in the sensibility of the political system, at least when compared to electoral systems operating in modern political conditions. But this case must be made carefully, considering how those distortive forces might try to reassert themselves in new guises, and how new distortions might arise in the regular operation of lottocratic institutions.
Getting There from Here
Authors: Guerrero Alexander 
Published: September 2024

Abstract
This chapter, the final chapter of the book, considers the moral and practical questions involved in moving to a lottocratic political system. The chapter begins with some general arguments concerning the epistemic and ethical issues that arise when contemplating, encouraging, and pursuing radical political change of any kind. These issues concern the appropriate levels of epistemic uncertainty, the moral requirement of informed consent, the ethical importance of maintaining epistemic sensitivity to new information, and the ethical demand for respect even of those who resist the political change. These ethical considerations, intertwined with epistemic considerations, recommend several “best practices” for radical political change, which the chapter presents and discusses. Moving to consider the transition to lottocracy more specifically, the chapter argues in favor of a small-scale, incremental, experimentalist approach to gather evidence, build familiarity with the institutions, and make it more difficult for elites to manipulate the public perception of lottocratic institutions.
Globalizing Physics: One Hundred Years of the International Union of Pure and Applied Physics. An Introductory Essay
Authors: Lalli Roberto , Navarro Jaume 
Published: September 2024

Abstract
In this “Introduction,” the editors sketch the rationale and process leading to the volume as well as its main themes. The volume discusses the history of the International Union of Pure and Applied Physics (IUPAP) through contributions addressing both general developments and specific cases that highlight key aspects of IUPAP’s role in both physics and international affairs. Four themes emerge from the book’s chapters. First, the question of IUPAP’s function and modes of operation in the changing historical context with several authors understanding the institution primarily as a science diplomacy organization. Second, the role of IUPAP in the scientific realm, focusing especially on standardization, education, disciplinary, and sub-disciplinary boundary work, and community formation in physics in the international arena. Third, to what extent IUPAP’s history was special even though the historical context and the political issues were the same for all scientific unions of the ICSU family. Finally, the relations between individual agency and institutional inertia in shaping the unfolding of the institution as well as the function IUPAP played for specific individuals.
Discovering the World’s Private Sector
Authors: Levy Daniel C. 
Published: September 2024

AbstractChapter 1 paints with broad strokes how the world’s higher education has transformed from mostly public near monopoly national systems to dual-sector ones. The private sector of higher education has grown tremendously, changing not only higher education itself but also its inter-relationship with multifaceted dynamics involving society and the state. Notwithstanding similarities and blurring between private and public higher education, private–public distinctiveness is significant. Moreover, dissection of the private sector reveals patterned shapes of private–private distinctions as well, in turn revealing how different components of PHE differ differently from the public sector. To understand the evolved and still meaningfully evolving realities, the chapter brings into play social science literatures on privatization, nonprofit sectors, higher education studies, and policymaking models. Chapter 1 further outlines the book’s central purposes, assessing those against extant knowledge of private higher education (PHE), and then delineates the scope and boundaries of the book’s broad concerns. A central claim is that the book will deliver not only massive new information but also analysis through multiple conceptual perspectives, discovering meaningful patterns within PHE dynamics, including private–public and private–private dynamics.
Inside the Private Sector
Authors: Levy Daniel C. 
Published: September 2024

AbstractChapter 3 presents and explains the book’s typology of PHE, including its historical roots and the forces, empirical in the changing real world, and methodological in depicting them, that have led to revisions of the typology. Private and public sectors comprise the higher education system; the PHE typology breaks down the private sector. Like ideal types generally, the typology both reflects patterns empirically discovered to date and helps guide our further exploration. The private sector has three principal subsectors—identity, elite, and non-elite—each then warranting a chapter that penetrates inside the subsector to types (e.g., religious) and even subtypes (e.g., Catholic). Forms and even sub-forms (e.g., for-profit international chains) are concretely identifiable structures that can cross-cut subsectors, while shown to concentrate notably in the non-elite subsector. As it cuts across PHE components, the PHE typology naturally highlights patterns of private–private distinctiveness and similarities.
Inside the Identity Subsector
Authors: Levy Daniel C. 
Published: September 2024

AbstractAs it commonly does in practice, the identity PHE takes the lead in consecutive chapters’ consideration of individual subsectors. Likewise, religious PHE takes the lead in reality and in the chapter’s analysis of identity types, with Catholic showing some primacy as subtype. Both historically and still today, religion is by far the preponderant identity type. But persistence faces enormous challenges of mission dilution and drift amid secularizing society. On smaller scales, mission challenges appear in patterned similar and different ways for gender and ethnic group-based institutions as well. Public ‘cousin’ group institutions are most common for the ethnic setting whereas private institutions with group orientations weaker than identity status are the common cousins of identity religious and gender institutions. Alongside major similarities and differences among private group institutions, the continued presence of identity PHE marks powerful distinctiveness from the mainstream public sector, tracing many classic features of nonprofit private functioning.
The Non-Elite Subsector
Authors: Levy Daniel C. 
Published: September 2024

AbstractThe enrolment bulk of global PHE is non-elite, secular, and includes much rather nondescript, mediocre higher education that largely copies extant practice. Even where this limits functional distinctiveness between private and public, however, private–public distinctiveness remains generally quite salient in both finance and governance, the PHE much more rooted in and serving specific private interests in the market and society. Where not mediocre, non-elite PHE often warrants the negative stereotypes drawn of its low quality, low yield, deception, and fraud. On the other hand, such maladies are common in non-elite public higher education as well and much non-elite PHE offers much more than just access to those unaccommodated by public supply. Product-oriented non-elite PHE is pointedly job-oriented, often with serious practical training and attractive distinctiveness from the public non-elite norm. Additionally, abundant new or fast expanding mostly non-elite and overlapping forms (for-profit, short-cycle, non-university, colleges affiliated to domestic or international universities, open-university, family-owned, etc.) extend the enormous differentiation and patterns of private–public distinction even as older PHE incarnations may blur increasingly with public counterparts.
Over the Seas and on the Land
Authors: Badoud Nathan 
Published: September 2024

Abstract
Chapter 5 explores the meaning of the Colossus of Rhodes. According to Pliny, the aim of the statue was to celebrate Rhodes’ resistance to the siege that Demetrius Poliorcetes inflicted on the city from 305 to 304 bc. This explanation is not incorrect but largely insufficient. The analysis of the epigram once cut on the base of the Colossus makes its purpose clear: to place the Rhodian empire under the permanent protection of Helios. This empire was born from the annexation of part of the Asian mainland, an event that occurred after Demetrius’ departure in 304 bc. The Rhodians decided to make the Colossus the tallest statue of the world to allow for its vision from the newly incorporated territories, 13 km away. The chapter then follows two paths. The first is the rivalry between Rhodians and Macedonians, which is key to a proper understanding and dating of the Nike of Samothrace. The second is the phraseology of the epigram, which returns in Lycophron’s Alexandra. This poem and several other documents are reconsidered in the context of the emergence of Rhodes and Rome as imperial powers in the early Hellenistic period.
OECD Anti-Corruption Initiatives
Authors: Nicholls Colin , Bacarese Alan , Maton James , Scott Rachel , Hatchard John 
Published: September 2024

Abstract
The chapter contains a detailed analysis of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions as well the 2021 Recommendation for Further Combating Bribery of Foreign Public Officials in International Business Transactions. It also notes: • Recommendation of the Council on tax measures for further combating bribery of foreign public officials in international business transactions • Recommendation on bribery and officially supported export credits • Recommendation of the Council for development cooperation actors on managing the risk of corruption • Recommendation on principles for transparency and integrity in lobbying • OECD guidelines for multinational enterprises on responsible business conduct The Working Group on Bribery (WGB) on the effective implementation of the Anti-Bribery Convention is examined. The Outreach Programmes are also noted.
United StatesLegislation and Action
Authors: Nicholls Colin , Bacarese Alan , Maton James , Scott Rachel , Hatchard John 
Published: September 2024

Abstract
This Chapter explains the provisions of the US Foreign Corrupt Practices Act of 1977, which has proved to be the most significant anti-corruption law that applies to international business. The Chapter describes the FCPA’s anti-bribery and accounting provisions, explains how FCPA violations are investigated and enforced, outlines the consequences of FCPA violations, and summarizes some of the major cases and settlements under the legislation. In addition, the Chapter explains the components of an effective FCPA compliance programme. That guidance is also of assistance to evaluating adequate procedures under the Bribery Act 2010. The Chapter also includes a comparison of the FCPA and Bribery Act 2010.
Aesthetic Injustice
Authors: Lopes Dominic McIver 
Published: September 2024

Abstract
There are many aesthetic cultures, and groups with different aesthetic cultures can come in contact with one another, sometimes resulting in conflict. An aesthetic injustice is a failure of policies in large-scale social arrangements to manage the contact well and avoid conflict. This book articulates and defends the cosmopolitan theory of aesthetic injustice: a large-scale social arrangement is aesthetically unjust when and only when it harms people in their capacities as aesthetic agents, thereby subverting interests in the value diversity and social autonomy of aesthetic cultures. It contrasts aesthetic injustice with related phenomena. It presents three cases studies of the aesthetic injustice in cultural appropriation, ideals of bodily beauty, and access to aesthetic resources for disabled people and members of minority identity groups.
The Aesthetic Capacities
Authors: Lopes Dominic McIver 
Published: September 2024

Abstract
Aesthetic injustice involves harms to people in their aesthetic capacities. This chapter characterizes the capacities as acquired in aesthetic cultures. Two theories of aesthetic value are introduced. According to aesthetic hedonism, aesthetic cultures foster hedonic capacities. According to the network theory, each aesthetic culture involves an aesthetic profile, a conception of the aesthetic good, that enables members of a group with an aesthetic culture to coordinate with one another on sundry tasks. Only the network theory is markedly social, rooted, normative, and pro-diversity. It implies aesthetic value pluralism. As a result, it explains why aesthetic cultures accommodate respect for the values of others’ aesthetic cultures.