bluuebunny/crossref_metadata_2025_split huggingface dataset:
Constructivism and the Politics of International Law
Authors: dos Reis Filipe , Kessler Oliver 
Published: November 2016

Abstract
This chapter argues that the ‘moderate’ and ‘radical’ versions of constructivism differ in their very understanding of the politics of international law and thus the way they connect to international legal theory (ILT). The moderate version is formed as an attempt to marry sociological institutionalism with (what this version perceives to be) critical theory. The research of moderate constructivists is driven by a functionalist understanding of international law, in which law helps to secure normative progress. This leads moderate constructivists to make visible the force of law through states’ compliance and, subsequently, the politics of law involved in their reasons for doing/not-doing so. By taking compliance as its central problématique, this literature often refers to liberal writers in ILT and shares with them a functional understanding of law.
Moral Philosophy and International Law
Authors: Besson Samantha 
Published: November 2016

Abstract
This chapter offers a critical discussion of the origins, aims, and main contributions of moral philosophies of international law. Then, in moving beyond mere exposition, the chapter turns to a meta-theoretical discussion of international law, and in particular to how international legal theory should best be conceived and conducted. The chapter argues for the development of normative legal philosophies of international law that take the normativity of law and hence its legality more seriously than international legal theorists have so far, but also than moral philosophers of international law have themselves, thus breaking away from the sterile oppositions between ‘realist’ and so-called ‘moralist’ approaches to international law.
Yale’s Policy Science and International Law
Authors: Saberi Hengameh 
Published: November 2016

Abstract
This chapter challenges the conventional narrative about the career of the New Haven School (NHS) by arguing that the mainstream discipline’s rejection of the policy-oriented methodology was not a rejection of policy thinking as such, but rather an opposition to the conceptualism and formulaic determinism of New Haven’s jurisprudence resulting from a peculiar combination of a contextualist methodology and a non-cognitive view of normative values of human dignity. Rather than between law and policy, the tension was between two different perceptions of flexibility and rigidity. This tension resulted from the NHS’s dogmatic and erroneous presentation of what they dubbed ‘traditional’ and ‘rule-oriented’ approaches as formalist and the mainstream discipline’s more accurate understanding of the policy-oriented international law as a new mode of formalism.
Liberal Internationalism
Authors: Joyce Daniel 
Published: November 2016

Abstract
This chapter aims to evaluate the significance of liberal internationalism, but also to consider the ways in which it has become over-familiar, and to explore whether making it strange again might offer some form of renewal of its critical and normative possibilities. It considers the significance of liberal internationalism as an idea and frame through which to evaluate international law, revisits a series of key events that have shaped the development of liberal internationalism and critical responses to it, and finally, engages with and expands upon contemporary efforts at reappraisal and renewal. By framing the story of liberal internationalism through key debates and events, it is hoped that a balanced account of both the strengths and limits of liberal internationalism emerges.
Something to do with States
Authors: Simpson Gerry 
Published: November 2016

Abstract
This chapter suggests that the law of sovereignty and statehood tends to be practiced, organized, and theorized around two sets of argument (and a sleight of hand), and that this tendency has produced certain effects on the distribution of political resources in global politics. The first argument is structured around the material and immaterial qualities of statehood, as it maintains that the ‘infinite transition’ discussed by Peter Fitzpatrick is produced partly by the elasticity of the doctrinal ground and partly by the remarkable stability of a very particular and idealized sovereign subject. The second argument rests on an idiom of fragmentation and unity, by juxtaposing an apparent golden age of post-Charter state sovereignty with both a decentralized nineteenth-century sovereignty, and a more protean, early twenty-first century sovereignty. Finally, the ‘sleight of hand’ operates around the relationship between routine statehood and sui generis sovereignty.
International Criminal Law
Authors: Nouwen Sarah M. H. 
Published: November 2016

Abstract
This chapter discusses the different theories employed in the field of international criminal law, which is now increasingly supported by theory. Case theories were developed after events had taken place; operational theories were produced to match complex facts; foundational theories were created to justify existing practices; external theories tried to make sense of the phenomenon of international criminal law as it had been observed; and so did the popular theories based on everyday encounters. Ago, rather than cogito, ergo sum was the field’s implicit maxim. Against this background one still finds that factual, operational, foundational, external theories prove to be less coherent when they are considered in light of each other. Rich theories could thus emerge from more joint theorizing among those working on variably factual, operational, foundational, and external theories, between scholars and practitioners, and between scholar-theorists and quotidian theorists.
Theorizing Responsibility
Authors: Korhonen Outi , Selkälä Toni 
Published: November 2016

Abstract
This chapter divides responsibility under international law into three theoretical interpretants. The first is the hard core of responsibility doctrine, namely the doctrine of state responsibility, a main topic of the United Nations International Law Commission (ILC) since its early establishment. The second interpretant springs from the rise of human rights law discourse in the international arena since the 1960s and 1970s: the never-quite-solidified semi-doctrine of humanitarian intervention that has warped into the (non-)doctrine of the responsibility to protect (R2P) — which has always been the most politically powerful or, at least, the most prominently debated among international legal responsibility concepts. The third sort of international legal responsibility is a catch-all category for the remainder of the duties that imply responsibility and beyond—the response-ability of international law—a category that most obviously transcends, challenges, and pierces openings in the dogmatic and managerial conceptions of law and its responsibility.
Economics and International Climate Change Law
Authors: Ghaleigh Navraj Singh 
Published: November 2016

Abstract
This chapter presents an economic analysis of climate change and international climate change law. From an economic perspective, the environment becomes a scarce resource which must be allocated between competing ends. The economics of climate change draws mainly on the two foundational insights of economics. The first is that the free exchange of goods tends to move resources to their highest valued use, in which case the allocation of resources is said to be ‘Pareto-efficient’. The second is that economic agents respond to incentives. Economic agents are rational utility maximizers, meaning that they will undertake those actions which raise their level of utility. The chapter examines economist Ronald Coase’s article The Problem of Social Cost, which deals with externalities, the cost or benefit that affects a party who did not choose to incur that cost or benefit, and applies it to pollution and emissions trading.
The United Nations Framework Convention on Climate Change—The Basis for the Climate Change Regime
Authors: Freestone David 
Published: November 2016

Abstract
This chapter delves deeper into the development and structural organization of the United Nations Framework Convention on Climate Change (UNFCCC), which forms the basis of the climate change regime. As a framework, the Convention urges action to preserve human safety where risks are high even in the face of scientific uncertainty. Its overarching aim, however, is not to reverse the greenhouse effect but rather, to stabilize greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. The Convention establishes a number of institutions to further its work: a Conference of the Parties (COP) that makes decisions necessary to promote the effective implementation of the Convention, a Permanent Secretariat, and two subsidiary bodies: the Subsidiary Body for Scientific and Technological Advice (SBSTA) and the Subsidiary Body for Implementation (SBI).
Principles and Emerging Norms in International Law
Authors: Redgwell Catherine 
Published: November 2016

Abstract
This chapter considers the climate change regime in the context of intra- and inter-generational equity. The principle of inter-generational equity defines the rights and obligations of present and future generations with respect to the use and enjoyment of natural and cultural resources, inherited by the present generation and to be passed on to future generations in no worse condition than received. In this context, climate change regime accommodates the interests of future generations in a balancing of interests, thereby falling into the field of the two principles. The chapter describes how Article 3 of the United Nations Framework Convention on Climate Change (UNFCCC) may be viewed as supporting the legitimate expectation of future generations of equitable access to planetary resources, and the concomitant obligation of the present generation as trustee of these resources to ensure that future options are not unduly constrained.
Human Rights Principles and Climate Change
Authors: Knox John H. 
Published: November 2016

Abstract
This chapter examines the application of international human rights law to climate change. Specifically, it looks at whether climate change interferes with the enjoyment of human rights recognized in international law, and how human rights law requires states to protect human rights from such interference. Human rights law imposes procedural and substantive obligations upon states with respect to environmental threats to human rights. States have obligations to ensure that decisions with possible environmental effects are made through a process that provides for examination and dissemination of information about those effects, full and informed participation by those potentially affected, and effective legal remedies. However, there are obstacles to the application of human rights principles to climate change. The chapter describes some of these challenges, such as the difficulty of tracing clear causal links between anthropogenic contributions to climate change and the effects of climate change on the enjoyment of human rights.
National Measures and WTO Consistency—Border Measures and other Instruments to Prevent Carbon Leakage and Level the Carbon Playing Field
Authors: Sindico Francesco 
Published: November 2016

Abstract
This chapter analyses the consistency of the measures used by the states and the World Trade Organization (WTO) in facing carbon leakage. As a response to the wave of migration of private CO2 emitters to developing states with lax emission reduction measures, numerous developing states passed measures such as border tax adjustments (BTAs), border adjustment measures linked to the existence of an emissions trading scheme, climate change-related technical regulations, and green energy domestic support policies such as feed-in tariffs. The chapter also discusses the reasons for national climate measures that potentially end in conflict with WTO rules. In this context, the chapter discusses how these measures are motivated by carbon leakage, loss of competitiveness and energy security concerns, or a combination of all three.
Institutions and Expertise
Authors: Meyer Timothy 
Published: November 2016

Abstract
This chapter examines how international legal institutions foster cooperation in the presence of scientific uncertainty, especially in the area of international climate change law. It analyses the theory of epistemic institutions and applies it to the primary international scientific organization working on climate change issues, the Intergovernmental Panel on Climate Change (IPCC). The IPCC’s assessment reports play a major role in setting the terms of the public debate about climate change negotiations that takes place within the Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC). Although independent of the UNFCCC, the IPCC’s work product is thus a key input into the UNFCCC’s efforts to negotiate international climate change rules. However, the IPCC’s credibility has been called into question due to a relative lack of participation by scientists from developing countries in the assessment process.
Russian Law on Climate Change
Authors: Korppoo Anna , Gutbrod Max , Sitnikov Sergey 
Published: November 2016

Abstract
This chapter outlines Russian legislation relevant to climate change. Russia ratified the Kyoto Protocol in 2004. The main legal elements of institutional compliance under the Protocol included requirements to submit annual greenhouse gas (GHG) inventories, following the Intergovernmental Panel on Climate Change (IPCC) guidelines, and to establish a registry to keep track of domestic emissions and implementation of the Kyoto mechanisms. The Federal Service of Russia for Hydrometeorology and Environmental Monitoring (Roshydromet), together with the Institute of Global Climate and Ecology, were designated as the entities responsible for developing Russia’s GHG inventory. Russia’s compliance was driven by its opportunity to participate in the Kyoto mechanisms. These flexibility mechanisms—Joint Implementation (JI) and International Emissions Trading—allow industrial countries to trade emission allowances in order to direct climate mitigation investments into the most cost-effective measures available.
A prospective, multicentre, single-arm clinical trial of bevacizumab for patients with surgically untreatable, symptomatic brain radiation necrosis†
Authors: Furuse Motomasa , Nonoguchi Naosuke , Kuroiwa Toshihiko , Miyamoto Susumu , Arakawa Yoshiki , Shinoda Jun , Miwa Kazuhiro , Iuchi Toshihiko , Tsuboi Koji , Houkin Kiyohiro , Terasaka Shunsuke , Tabei Yusuke , Nakamura Hideo , Nagane Motoo , Sugiyama Kazuhiko , Terasaki Mizuhiko , Abe Tatsuya , Narita Yoshitaka , Saito Nobuhito , Mukasa Akitake , Ogasawara Kuniaki , Beppu Takaaki , Kumabe Toshihiro , Nariai Tadashi , Tsuyuguchi Naohiro , Nakatani Eiji , Kurisu Shoko , Nakagawa Yoko , Miyatake Shin-Ichi 
Published: November 2016

Abstract

Background
Brain radiation necrosis (BRN) can be a complication of radiotherapy for primary and secondary brain tumors, as well as head and neck tumors. Since vascular endothelial growth factor (VEGF) is also a vascular permeability factor in the brain, bevacizumab, a humanized antibody that inhibits VEGF, would be expected to reduce perilesional edema that often accompanies BRN.

Methods
Patients with surgically untreatable, symptomatic BRN refractory to conventional medical treatments (eg, corticosteroid, anticoagulants, or hyperbaric oxygen therapy) were enrolled. We judged that a major cause of perilesional edema with a lesion-to-normal brain ratio ≤1.8 on 11C-methionine or ≤2.5 on 18F-boronophenylalanine PET was BRN, not tumor recurrence, and 6 cycles of biweekly bevacizumab (5 mg/kg) were administered. The primary endpoint was a ≥30% reduction from the patients' registration for perilesional edema continuing for ≥1 month.

Results
Of the 41 patients enrolled, 38 were fully eligible for the response assessment. The primary endpoint was achieved in 30 of the 38 (78.9%) patients at 3.0 months (median) after enrollment. Sixteen patients (42.1%) experienced improvement of their Karnofsy Performance Score. Corticosteroid use could be reduced in 29 patients (76.3%). Adverse events at grade ≥3 occurred in 10 patients (24.4%).

Conclusions
Bevacizumab treatment offers certain clinical benefits for patients with surgically untreatable, symptomatic BRN. The determination of BRN using amino-acid PET, not biopsy, is adequate and less invasive for determining eligibility to receive bevacizumab.
Knowledge of Human Immunodeficiency Virus Status and Seropositivity After a Recently Negative Test in Malawi
Authors: Pathmanathan Ishani , Lederer Philip , Shiraishi Ray W. , Wadonda-Kabondo Nellie , Date Anand , Matatiyo Blackson , Dokubo E. Kainne 
Published: November 2016

Abstract

Background
Awareness of human immunodeficiency virus (HIV) status among all people with HIV is critical for epidemic control. We aimed to assess accurate knowledge of HIV status, defined as concordance with serosurvey test results from the 2010 Malawi Demographic Health Survey (MDHS), and to identify risk factors for seropositivity among adults (aged 15–49) reporting a most recently negative test within 12 months.

Methods
Data were analyzed from the 2010 MDHS. A logistic regression model was constructed to determine factors independently associated with HIV seropositivity after a recently negative test. All analyses controlled for the survey’s complex design.

Results
A total of 11 649 adults tested for HIV during this MDHS reported ever being sexually active. Among these, HIV seroprevalence was 12.0%, but only 61.7% had accurate knowledge of their status. Forty percent (40.3%; 95% confidence interval [CI], 36.8–43.8) of seropositive respondents reported a most recently negative test. Of those reporting that this negative test was within 12 months (n = 3630), seroprevalence was 7.2% for women (95% CI, 5.7–9.2), 5.2% for men (95% CI, 3.9–6.9), higher in the South, and higher in rural areas for men. Women with higher education and men in the richest quintile were at higher risk. More than 1 lifetime union was significantly associated with recent HIV infection, whereas never being married was significantly protective.

Conclusions
Self-reported HIV status based on prior test results can underestimate seroprevalence. These results highlight the need for posttest risk assessment and support for people who test negative for HIV and repeat testing in people at high risk for HIV infection.
Estimating the Time to Diagnosis and the Chance of Spontaneous Clearance During Acute Hepatitis C in Human Immunodeficiency Virus-Infected Individuals
Authors: Ragonnet Romain , Deuffic-Burban Sylvie , Boesecke Christoph , Guiguet Marguerite , Lacombe Karine , Guedj Jeremie , Rockstroh Jürgen K. , Yazdanpanah Yazdan 
Published: November 2016

Abstract

Background
Hepatitis C virus (HCV) infection is often asymptomatic, and the date of infection is almost impossible to determine. Furthermore, spontaneous clearance (SC) may occur, but little is known about its time of occurrence.

Methods
Data on human immunodeficiency virus (HIV)-HCV coinfected individuals were used to inform a stochastic simulation model of HCV viral load kinetics, alanine aminotransferase (ALT), and HCV antibodies during acute hepatitis C. The dates of diagnosis and potential SC were estimated through a Bayesian approach. Hepatitis C virus diagnosis was assumed to be based on an elevated ALT level detected during a control visit for HIV-infected individuals, which occurred every 3 months (scenario A) or every 6 months (scenario B).

Results
We found that HCV diagnosis occurred after a median of 115 days and 170 days of infection in scenarios A and B, respectively. Among spontaneous clearers, SC occurred after a median time of 184 days after infection. Seven percent (scenario B) to 10% (scenario A) of SCs appeared more than 6 months after diagnosis, and 3% (both scenarios) of SCs appeared more than 1 year after diagnosis.

Conclusions
Acute hepatitis C diagnosis occurs late in HIV-HCV coinfected individuals. Screening for HCV in HIV-infected individuals should be performed frequently to reduce delays. Our findings about late occurrence of SC support “wait and see” strategies for treatment initiation from an individual basis. However, early treatment initiation may reduce HCV transmission.
Magistrates who Made and Applied the Law
Authors: Vervaet Frederik 
Published: November 2016

Abstract
During most of the Roman Republican era—traditionally dated from 509 to 27 BC—the magistrates of the people and the plebs demonstrably played an essential role in both the production and the application of Roman law, especially in terms of statute laws and edicts. Although the senate had a tremendous voice, no legislation would have been possible without the proactive involvement of a series of key magistrates of people and plebs. When it comes to the application of the law under the Roman Republic, there was much scope for the so-called minor magistracies, whose involvement in the routine application of the law was probably disproportionate to their attestation in the sources. Importantly, this survey of magistrates who made and applied the law in the Roman Republic never loses sight of the overall socio-institutional background and key historical developments and changes.
Roman Courts and Private Arbitration
Authors: Bablitz Leanne 
Published: November 2016

Abstract
This chapter examines the various methods by which Roman citizens could resolve their disputes both inside and outside of the courts of law. An effort is made to consider the “average” disputant. Only two jurisdictions, the city of Rome and municipia in Italy, are studied in detail. The discussion progresses through mediation, arbitration and adjudication. In addition, attention is given to the impact various factors such as geography, wealth, publicity and privacy might have on the method ultimately selected by the disputants. Methods by which the system could be abused, such as through vexatious litigation, are briefly considered. A brief appendix discusses the use of the terms iudex and arbiter.
Framing “Law and Society” in the Roman World
Authors: Pölönen Janne 
Published: November 2016

Abstract
Common interests in Roman law have brought Romanists and historians to a close and invaluable dialogue. Whether it is understanding law in a social context or society in light of law, historians without legal training tend to have different expectations about the role played by the law in society than lawyers, and not without controversy. This chapter explores lawyers’ and historians’ approaches to Roman law, and their underlying law and society assumptions, against the background of legal science and sociology of law traditions. It suggests that contemporary socio-legal scholarship, in dialogue with legal science, provides a sound theoretical and methodological framework for the study of law and society in Roman world.
Imperial Cognitio Process
Authors: Rüfner Thomas 
Published: November 2016

Abstract
Legal historians use the term cognitio process with reference to innovations introduced in the Roman system of court procedure during the Imperial epoch. In civil procedure, these innovations concerned the institution of proceedings, the trial procedure, the methods of forced execution, and the appellate review of judgements. The new mechanisms developed gradually and independently of each other. It took several hundred years, until a new and coherent system of civil procedure had formed and taken the place of the old formulary procedure. It is clear that the emergence of the cognitio process is linked to the constitutional changes in the Roman Empire and that some of the new rules enhanced the emperor’s control over the court system. At the same time, some changes in the procedural system tended to make civil justice in the Empire more effective and more accessible for litigants who were not members of the elites.