bluuebunny/crossref_metadata_2025_split huggingface dataset:
International Law and Economics
Authors: Danielsen Dan 
Published: November 2016

Abstract
This chapter describes some of the most common presuppositions, assumptions, and expectations found in much of international law and economics scholarship. These are most often explained or justified on the grounds that simplifying models and assumptions are necessary to reach analytic conclusions, because the complexity of ‘real world’ economic life is impossible to capture. Yet innovation in international law and economics both at the level of theory and of substantive research will require better methods for identifying and foregrounding the assumptions and normative values that animate research choices and policy conclusion. In short, this chapter proposes a new critical practice of self-conscious analytic introspection and normative transparency, which would be useful to move international law and economic theory beyond its prior limits.
Global Administrative Law and Deliberative Democracy
Authors: Kingsbury Benedict , Donaldson Megan , Vallejo Rodrigo 
Published: November 2016

Abstract
This chapter attempts to bring ‘global administrative law’ (GAL) and democracy into conversation. It addresses two separate observations: first, that democracy currently lacks the tools to respond to the globalization and diffusion of political authority; and secondly, that GAL is not presently democratic—it has no room for democratic concerns in its emerging norms. As such, the chapter aims to give an overview of GAL and some of its contributions to international legal theory; explore the way in which GAL’s focus on innumerable capillary-level sites of power may open promising terrain for the instantiation of democracy beyond the state; consider how work on GAL can be enhanced by engaging with, and drawing ideas from, work on deliberative democracy; and note the rising impact and future potential of democratic striving in the practice of institutional entrepreneurship and GAL lawyering.
Towards a New Theory of Sources in International Law
Authors: d’Aspremont Jean 
Published: November 2016

Abstract
This chapter seeks to advocate a specific avenue for reconstructing the theory of sources beyond naïve objectivism. It looks at how the theory of sources came to be crafted as a platform for the objectivizing of meaning and a bridle to crude politics, and how it failed in that liberal project. Yet, it argues thereafter that this possible failure of the classical theory of sources should not be construed as a failure of the principle of such a theory, but rather the failure of the specific (representation of the) theory of sources as it was inherited from the twentieth century and depicted by its critiques. More specifically, this chapter puts forward a social theory of sources that makes it possible to construe the theory of sources as a tradition and a practice rather than as a set of rules that operates mechanically.
Theorizing Jurisdiction
Authors: Noll Gregor 
Published: November 2016

Abstract
This chapter illustrates jurisdiction as an attachment played out in a triangle. This triangle links the creator of jurisdictional entitlement to its holder and to the share of the world to which it relates. To exemplify, the share of the world might be a human being, a company, a territory, or a particular deed subjected to jurisdiction. The holder of jurisdictional entitlement is a state or a court. The creator of jurisdictional entitlement might be a worldly entity such as a number of states (endowing a human rights court with jurisdiction). Or a less tangible entity might be set as the creator (endowing the sovereign state with worldly jurisdiction). This triangle of attachments thus leads to two issues, which is elaborated further on in the chapter.
Theorizing International Law on Force and Intervention
Authors: Kritsiotis Dino 
Published: November 2016

Abstract
This chapter makes its analysis of force and intervention through the art and craft of making legal justifications. It asks why legal justifications are made at all, giving some sense of the circumstances in which these justifications take their essential shape and form. Then, the chapter considers how these justifications alert us to some of the unspoken assumptions about force and intervention in international law — what can be taken away from an analysis of the practice of justifications other than an engagement with the merits of their respective substance, which so consistently occupies much of the existing literature in this field. Finally, the chapter attempts to connect these points to a broader set of issues theorizing the purpose or function of force in today’s world.
Theorizing Free Trade
Authors: Orford Anne 
Published: November 2016

Abstract
This chapter re-examines the history of free trade and its relationship to international law. It locates contemporary trade agreements within a larger story about the relation between the state, the market, and the social; explores why it is useful to place current trade agreements within a longer historical trajectory; offers a brief narrative of how the concept of free trade has moved across a two-hundred-year period since the late eighteenth century; and concludes that concepts such as free trade (and related concepts such as discrimination, market distortion, protection, and subsidies) are the product of political struggles over particular ways of understanding the world, justifying entitlements to resources, explaining why some people should profit from the labour of others, and legitimizing the exercise of power.
Theorizing the Laws of War
Authors: Mégret Frédéric 
Published: November 2016

Abstract
This chapter suggests two predominant modes of theorizing about the laws of war—one ‘internal’, the other ‘external’—both providing a useful shorthand for two relatively irreducible types of exercises. Internal theorizing makes sense of the discipline among its practitioners and within bounds that are taken for granted. It is minimal in that its ambition is largely instrumental: providing the practitioners of the laws of war with the background necessary for them to function. External theorizing is less interested in the laws of war as a system than as an object; it is less focused on explaining the operation of the laws of war than understanding what the laws of war mean generally and for international law specifically. It is more explicitly theoretical precisely in that it seeks to highlight some of the ultimate functioning or purpose of the laws of war behind its dominant implicit theories.
Theories of Transitional Justice
Authors: Nesiah Vasuki 
Published: November 2016

Abstract
This chapter examines the utopias called forth by the marriage of human rights accountability mechanisms on the one hand, and, on the other, arguments about the practical significance of these initiatives as preconditions for development, democracy, and political society. Transitional justice is seen to marry the ethical charge of the human rights field’s march against impunity, with an instrumental potential facilitating transition from the rule of violence into the rule of law. If the normative theories and agendas implicated by this marriage are advanced as being in the interests of justice, the accompanying instrumental theories and agendas are advanced in the interests of transition. Justice and transition operate here as allied and mutually reinforcing aspirations of and rationales for transitional justice institutions. Thus, this chapter identifies and analyses the stakes that attend this marriage of ‘ethics’ and ‘expertise’ in constituting the utopian political imagination of transitional justice.
Religion, Secularism, and International Law
Authors: Paz Reut Yael 
Published: November 2016

Abstract
This chapter explores the inseparable nature of the relationship between religion—more specifically, Christianity—secularism and international law. As the history of international law itself reveals, its inauguration as a liberal profession depended on a group of men who shared a particular universal intuition and cultural agenda that mirrored their western Christian European and cosmopolitan backgrounds at the end of the nineteenth century. Thus, the chapter scrutinizes the Catholic School of Salamanca as a case study that mirrors how Christianity—Catholic missionarism more accurately — became an integral part of international law to date, focusing on how and why the Salamancans’ specific re-configuration of the public/private has become a resilient and persistent formula to this day.
The Global Regime for Climate Finance
Authors: Thompson Alexander 
Published: November 2016

Abstract
This chapter explores the interplay between politics and international law in the field of climate finance, with an emphasis on its North-South dimensions, which is the promotion of resource flows by developed nations towards developing nations. Participation by developing countries in the climate regime is critical as they are the largest emitters of greenhouse gas. Unfortunately, it is the less-developed nations that are harmed the most by climate change. It is here where North-South finance emerges as an important issue. The chapter addresses two critical issues in the governance and future of the climate finance regime. First, the wide variety of institutions and mechanisms involved expands the scope for attracting and supplying resources but they remain fragmented and require greater coordination to be effective. Second, the mobilization of North-South finance is insufficient relative to mitigation and adaptation needs. Such a challenge requires greater political will and a stronger legal regime.
Climate, Oceans, and the Law of Special and General Adaptation
Authors: Sumaila U. Rashid 
Published: November 2016

Abstract
This chapter describes the literature of adaptation law in the context of international ocean governance. Adaptation law consists of rules aimed at minimizing the social costs associated with human response to climate impacts. These can be used to shape the behaviour of private actors or public institutions. The law sometimes might provide incentives to make enterprises more resilient as it makes capital unnecessarily stranded during climate change. In order to illustrate the challenges of implementation in the ocean context, the chapter focuses on two examples: international fisheries and ‘mari-engineering’. International fisheries represent ongoing ocean use and regulated by a well-developed body of international law. Due to the wide range of possible climate impacts and adaptive responses, proactive changes to existing fisheries rules in anticipation of climate change fit into the category of general adaptation law, while mari-engineering is engineering the seas to slow or halt climate change impacts.
United States Climate Change Law
Authors: Gerrard Michael B. 
Published: November 2016

Abstract
This chapter presents an overview of climate change law in the United States, given the global impact of its domestic and international climate change policies. It traces the evolution of US climate change policy under different presidents, and discusses emerging programs under the Clean Air Act (CAA). Under the CAA, the Environmental Protection Agency (EPA) issues emissions standards, and under the Energy Policy Conservation Act, the National Highway Traffic Safety Administration (NHTSA) issues Corporate Average Fuel Economy (CAFE) standards. The chapter also describes the protection of endangered species under the Endangered Species Act (ESA). The ESA directs the Fish and Wildlife Service to designate certain species as endangered or threatened; for marine species that task falls to the National Marine Fisheries Service.
Climate Change Law and Policy in India
Authors: Badrinarayana Deepa 
Published: November 2016

Abstract
This chapter discusses India’s role in international climate law and its domestic law on climate change, and demonstrates the limits of its legal position in addressing climate-related threats. Climate change presents a complex challenge for India, which is reflected in its evolving set of climate change laws and policies. Aside from being one of countries most vulnerable to climate change, India is home to some of the world’s poorest people whose lives and property are threatened by climate change. The government has adopted various initiatives to comply with the Kyoto Protocol. The central national initiative on climate change is the National Action Plan on Climate Change (NAPCC). Action under NAPCC is premised on the principle of sustainable development, which for the purposes of climate change means achieving growth while at the same time minimizing greenhouse gas emissions.
Small Islands and the Big Issue
Authors: Ronneberg Espen 
Published: November 2016

Abstract
This chapter highlights the importance of addressing climate change, especially for small island developing states (SIDS) located in the Pacific region. It also looks into the role of the Alliance of Small Island States (AOSIS) in the protection of SIDS. Global climate change, resulting in sea level rise, poses a threat to the very existence of the peoples of the Pacific region. In response, the AOSIS came together in 1990 at the Second World Climate Conference as an informal grouping of like-minded countries. They joined forces through recognition that SIDS from all regions of the world share a number of common characteristics and extreme vulnerabilities to a range of external forces, in particular climate change.
Prevalence of changes in personality and behavior in adult glioma patients: a systematic review
Authors: Zwinkels Hanneke , Dirven Linda , Vissers Thomas , Habets Esther J.J. , Vos Maaike J. , Reijneveld Jaap C. , van den Bent Martin J. , Taphoorn Martin J.B. 
Published: November 2016

Abstract

Background
Gliomas are rare, with a dismal outcome and an obvious impact on quality of life, because of neurological, physical and cognitive problems, as well as personality and behavioral changes. These latter changes may affect the lives of both patients and their relatives in a profound way, but it is unclear how often this occurs and to what extent.

Methods
We performed a systematic review to determine the prevalence of changes in personality and behavior in glioma patients. Searches were conducted in PubMed/Medline, PsycINFO, Cochrane, CINAHL and Embase. Based on predetermined in- and exclusion criteria, papers were screened for eligibility. Information on the topics of interest were extracted from the full-text papers.

Results
The search yielded 9895 papers, of which 18 were found to be eligible; 9 qualitative and 9 quantitative studies. The reported prevalence rates of changes in personality and/or behavior varied from 8%–67% in glioma patients, and was 100% in a case series with bilateral gliomas. Moreover, these changes were associated with distress and a lower quality of life of patients as well as informal caregivers. Methods of measurement of personality and behavioral changes differed considerably, as did the description of these changes.

Conclusion
To determine the true prevalence of changes in behavior and personality, present but poorly labeled in the reported studies, prospective studies are needed using proper definitions of personality and behavioral changes and validated measurement tools. Ultimately, these findings may result in improved supportive care of both patients and caregivers, during the disease trajectory.
Local Administration
Authors: Roselaar Saskia T. 
Published: November 2016

Abstract
This chapter discusses the structure of local administration in the Roman Empire and the responsibilities of the various local magistrates, the town council and the public assembly. It explores the responsibilities of the magistrates with regard to jurisdiction, public finance, and the management of public property, and the question whether holding a magistracy became less popular over time. It also discusses the connection between central government and the towns of the Empire, and the involvement of central officials in the running of towns. Finally, this chapter explores the legal position and responsibilities of resident foreigners, as well as the importance of the connection to a hometown for feelings of personal identity and pride among the Empire’s inhabitants.
Lawyers in Administration
Authors: Peachin Michael 
Published: November 2016

Abstract
This chapter provides an introduction to a full study of Roman lawyers in Roman administration. It argues that on the face of it, the presence, or not, of lawyers in Roman administration seems to have been a rather haphazard affair. Conversely, and perhaps even paradoxically, it is plain that legal expertise was indeed very widely and very often present in the Roman administrative apparatus. This makes a complete study of this phenomenon all the more urgent. Such an all-embracing picture of lawyers in administration would not ultimately tell us, beyond doubt, the exact degree to which a rule of law was tangibly established by the Roman state. Nevertheless, a proper synthesis, insofar as this is attainable, would yield a much better taste of what was attempted. For the time being, however, we still lack a comprehensive depiction of lawyers in administration for ancient Rome.
Legal Pluralism in Practice
Authors: Ando Clifford 
Published: November 2016

Abstract
The Roman Empire systematically recognised alien polities in provincial landscapes and allowed them local powers of jurisdiction and legislation. It also created conditions of heightened human mobility and regularly endowed aliens with Roman citizenship. This chapter explores the procedural and theoretical resources developed by Roman authorities to deal with the conflicts of law that resulted from these processes. It explores principles governing choice of law, to wit, those of personality and territoriality. It also investigates procedural mechanisms that temporarily bracketed distinctions that rendered actions non-justiciable, for example, the legal fiction that assimilated aliens to citizens for the purposes of dispute resolution.
Repression, Resistance and Rebellion
Authors: Kelly Benjamin 
Published: November 2016

Abstract
This chapter reconstructs the legal underpinnings of repressive responses to fundamental threats to the Roman political order: sedition, conspiracies, riots and provincial revolts. It outlines the legal and ethical limitations on state power that were invoked in relation to acts of repression. It argues that there was a tension in Roman civilization between ideas about the appropriate limitations on the exercise of state violence against the individual and the need to deal with fundamental political threats. With the growth of autocracy in the later Empire, the ethics of rulers’ responses to fundamental threats to the political order came to be emphasized rather than the legal rights of the rebellious. The chapter argues that attempts were made to downgrade legally or discursively the civic statuses of individuals accused of threatening the political order. Such attempts aimed to reduce concerns about repressive actions that would have been considered illegal or unethical.
Husband and Wife
Authors: Urbanik Jakub 
Published: November 2016

Abstract
This chapter surveys the most important original sources regarding the legal nature of marriage. It discusses the foremost problems with the legal and social construct of marriage in Roman society and surveys the chief scholarly debates of the last century that shaped our vision of the Roman marriage. It argues that the essence of the legal view of Roman marriage is that no one may constrain another person to marry or stay married. Marriage remains the free choice of an individual and in this sense its construction, based on affectio maritalis, protects the autonomy of the spouses. This view, put forward by the jurists, was not widely accepted socially. In the light of the misogyny of our literary sources, what prompted them to opt for this legal construct of marriage remains an enigma. As with many areas of Roman family law modern scholars have been misled by appearances and preconceptions.
The Economic Structure of Roman Property Law
Authors: Epstein Richard A. 
Published: November 2016

Abstract
The Roman law system of property rights was developed incrementally, in reliance on natural law, without any reliance on economic analysis developed in the twentieth century. Nonetheless, its doctrinal organisation conforms well to the prescriptions of that modern theory. Thus the Roman law draws the right lines between common and separate property, developing efficient rules of acquisition for the former. It also develops coherent rules for the outright transfer and division of assets by way of bailment, usufruct, license, mortgage, trust and servitudes before the onset of modern recordation systems. The Romans also articulated rules for just compensation to deal accessio, confusio and specificatio. The durability of their system across both time and space is a lasting tribute to the intuitive ingenuity of the great Roman lawyers.
Obligatio in Roman Law and Society
Authors: Ibbetson David 
Published: November 2016

Abstract
Obligatio is defined in Justinian’s Institutes as a tie of law, a legal relationship between two persons whereby one is constrained by the other to do or refrain from doing something. It brings together relationships arising out of contract or delict, though the Digest shows it used more generally wherever a personal bond was created. Its roots lie in the verb ligare, to bind; but although Roman lawyers preferred the use of verbs over abstract nouns, here the noun form is almost as common as the verb. As a noun obligatio describes either the active or the passive aspect of the relationship or the relationship itself, allowing flexibility in legal thinking. Originally, obligatio may have been related to actio, so that only enforceable relationships were included within the word, but by classical law it applied to any relationship with legal consequences, whether or not the relationship was enforceable.
The Emperor, the Law and Imperial Administration
Authors: Eck Werner 
Published: November 2016

Abstract
The political space and administrative apparatus of the Imperial government were legally stipulated and enclosed. Politics and administration had to follow the rules of the ius publicum. This was true for traditional magistrates and promagistrates as well as non-senatorial office holders, the praesidial and financial procurators of equestrian rank. The chapter surveys the potential means by which Augustus and his successors might settle problems of society or of general administration or address them for the future through new legal enactments. During the first century AD, lawmaking through one of the people’s assemblies became less frequent, while decisions of the senate became more prominent. In addition, other forms of Imperial decision, by passing legally constituted corporate bodies, achieved ever greater importance, including edicts, systematic rules and ad hoc letters to officials in the provinces, to cities or to individuals, and especially decreta, so-called constitutions, Imperial legal decisions to individuals.
Introductory Psychology
Authors: Martin Hard Bridgette , Gross James J. 
Published: November 2016

Abstract
Teaching introductory psychology presents many challenges. These include the diversity of teaching goals, the broad content, and the hefty enrollments. The course also presents teachers with the opportunity to make a number of significant contributions. This chapter describes an approach to teaching introductory psychology that is designed to address its challenges and opportunities. This approach involves making the course a platform for teaching graduate and undergraduate students to teach. In our approach, students and teachers learn in parallel. We share three key features of our approach to educating students and teachers simultaneously, namely encouraging skill development, fostering growth mindsets, and building social connections.