bluuebunny/crossref_metadata_2025_split huggingface dataset:
Response to Donald Wiebe, “Religions as Hazard-Precaution Systems,” and Luther Martin, “The Ecology of Threat Detection and Precautionary Response” Trying to Explain Religion (Again)
Authors: Oviedo Lluis 
Published: February 2014

AbstractReligion is a multifaceted phenomenon calling for a multidisciplinary approach. Research programs ignoring such level of complexity could incur in forms of reductionism, becoming unable to account for many aspects of religious mind and behavior. The thesis exposed in the articles of Wiebe and Martin awake that suspicion: the first one because of the many ways different religions cope with illness and contagion; the second, as a consequence of the stress and anxiety linked to several religious forms, becoming functional aspects to their implementation.
No sexual dimorphism in limb muscles of a frog not engaging in amplexus
Authors: Zhang Lixia , Zhao Yunyun , Yang Jie , Lu Xin , Chen Xiaohong 
Published: February 2014

Sexual dimorphism in limb muscles is widespread among anurans, with males having stronger limbs than females. This phenomenon has been interpreted in the context of intrasexual selection: 1) the robust forelimb muscles in males are associated with amplexus, in which the male tries to grasp the female tightly, and also with rejection of rivals’ attempts at taking over, and 2) massive hindlimb muscles favor the ability to kick away rivals during scramble competition. However, in a few species, fertilization occurs without any form of amplexus and in these species the limb muscle dimorphism is expected to be absent. We tested this prediction inFeirana taihangnicus: a species without amplexus. As expected, we detected non-significant sexual differences in the mass of both forelimb and hindlimb muscles after accounting for body size and age. Our findings represent an interesting example of coevolution of form and function.
Requirements for Amicus Curiae Participation in International Investment ArbitrationA Deconstruction of the Procedural Wall Erected in Joint ICSID Cases ARB/10/25 and ARB/10/15
Authors: Schliemann Christian 
Published: February 2014

Abstract
The legal standard on amicus curiae participation in international investment arbitration has been forged by the judicial development of legal rules and, in parallel, the modification of normative sources, such as the ICSID Arbitration Rules. Current and future decisions by arbitral tribunals on the participation of amicus curiae in a given dispute must abide by this consolidated standard. In June 2012, the arbitral tribunal in Joint ICSID Cases No. ARB/10/15 and No. ARB/10/25 released a procedural order, rejecting an amicus petition. This Order contains various deviations from the applicable legal standard and severely restricts the options for amicus participation. The recent attempt to strengthen the legitimacy of international investment arbitration by allowing for greater amicus participation and the acknowledgement of the interdependence of investment law and other areas of international law is thereby put in peril.
The Status of the Disputed Waters Surrounding Gibraltar
Authors: Naldi Gino 
Published: February 2014

Abstract
The long-standing dispute between Spain and the United Kingdom over the British overseas territory of Gibraltar was characterized in 2012 by repeated Spanish incursions into Gibraltar’s territorial sea. Spain claims these waters as Spanish historic waters that were never ceded to Great Britain under the Treaty of Utrecht 1713, and therefore insists that Gibraltar has no territorial sea. The United Kingdom maintains that Gibraltar’s entitlement to a territorial sea is in keeping with international law. Although the terms of the Treaty of Utrecht are open to interpretation, the Spanish position does not appear to be compatible with the law of the sea.
Critical reflection in the secondary classroom: incorporating indigenous content in an anti-oppression framework
Authors: Stock Rhonda , Grover Sonja C. 
Published: February 2014

This paper presents the major findings of a thesis submitted in partial fulfillment of the requirements for the degree of Master of Education at Lakehead University (Stock, 2011).1 An anti-oppressive pedagogical approach in a secondary classroom in Northwest Ontario was used to incorporate Indigenous rights education into the existing Civics curriculum. This research was modeled after a participatory action research framework allowing flexibility and input from participants. A curriculum unit based on the UNDRIPs was developed and implemented in the Civics classroom. The research findings support the integration of Indigenous content in the Ontario public school system at the ministry, board, teacher education, and school levels.(Baskin 2008) (Bishop 2002)
“Favoured by the Venerable Lord Paśupati” Tracing the Rise of a New Tutelary Deity in Epigraphic Expressions of Power in Early Medieval Nepal
Authors: Mirnig Nina 
Published: February 2014

The Paśupatināth temple in Kathmandu, dedicated to the deity Śiva Paśupati, is Nepal’s national shrine. The existence of this site and local Śaiva religious activities can be traced back to as early as the fifth century ce, but it was the ruler Aṃśuvarman (fl. 605–621) who first publicly declared his allegiance to the god of the main shrine by styling himself as “favoured by the Venerable Lord Paśupati” in his inscriptions. This allegiance would remain deeply implanted in the religio-political discourse of Nepal thenceforth. Mainly on the basis of the epigraphical record, this article investigates some historical and political processes responsible for shaping the links between Śiva Paśupati as a religious symbol and the ruling elite of Nepal in this early phase, a period in which powerful ministers gradually supplanted the royal elite. Thus, in the wake of Aṃśuvarman’s reign the Paśupatināth shrine had also risen to enough prominence to be included in the list of sacred Śaiva sites in the Indic religious scripture Skandapurāṇa.
Mushārakah—A Realistic Approach to the Concept in Islamic Finance and its Application to the Agricultural Sector in Pakistan
Authors: Saqib Lutfullah , Roberts Kellie W. , Zafar Mueen A. , Khan Khurram , Zafar Aliya 
Published: February 2014

Abstract
Food is one of the basic necessities that is imperative for human survival. The majority of farmers related to agriculture belong to the lower class and are hence not in a position to fulfil their agricultural needs. Therefore, they must borrow from various sources, e.g., from individuals, organizations, and/or banks, using interest-based lending, which Muslims are prohibited from doing according to the Sharīʿah. Here the concept of mushārakah (participatory mode of finance) is the best option. The present work discusses the application of such transactions to overcome farmers’ financial problems. In this article, the concept of mushārakah is first elaborated in light of classical/contemporary Islamic law literature referring to its rules and regulations followed by a discussion on how mushārakah can be effectively applied to the agricultural sector. The concepts of muzāraʿah (temporary sharecropping contract), musāqah, diminishing mushārakah (al-mushārakah al-mutanāqisah), and customer agency are critically analyzed in such away to make these fit and viable for farmers and Islamic financial institutions.
Ijtihād and Ikhtilāf: Re-interpreting Islamic Principles in Contemporary Times
Authors: Aljloud Saad A. 
Published: February 2014

Abstract
Islamic law has emerged from a range of highly religious treaties to highly practical methods, which have resulted in its practices established on a worldwide level. There are several interpretations of the Qurʾān and Sunnah, which in turn have led to differences in methodological practices and opinion. In relation to Islamic financial law, this article will investigate how each opinion derives and coincides with Shariʿah law in its own way, thoroughly explaining why differences (ikhtilāf) have occurred and exist. In the author’s opinion, differences in schools of thought (ikhtilāf) are valid in that they each follow the principles and processes of forming opinions within Shariʿah law (ijtihād) which will be elucidated in this article. From reading this article, one can also derive how Shariʿah law is actually flexible and open to progression in all times, whereas common intellectual stereotypes and partial understanding of the text often negates this.
The Transformative Effect of Australian Experience on the Life of Ho A Mei, 1838–1901, Hong Kong Community Leader and Entrepreneur
Authors: Rule Pauline 
Published: February 2014

Abstract
Ho A Mei, one of the earliest young Chinese to receive a thorough English education in the colony of Hong Kong, spent ten difficult years from 1858 to 1868, striving to make a fortune in the gold rush Australian colony of Victoria. Here he learnt much about modern business practices and ventures and also protested against the racial hostility that the Chinese encountered. Eventually after his retreat back to Hong Kong and Guangdong Province, he was successful partly because of his experiences in the advanced capitalist economy of colonial Victoria. This led him to move beyond the mercantile enterprises and property buying, which were key activities of many Hong Kong Chinese businessmen, into the areas of modern financial and telegraph services and mining ventures. He also spoke out frequently in a provocative manner against the colonial government over injustices and discrimination that limited the rights and freedom of the Chinese in Hong Kong. During the 1880s and 1890s, he was a recognized Chinese community leader, one whose assertiveness on behalf of Chinese interests was not always appreciated by the Hong Kong authorities.
Law as Politics: Chinese Litigants in Australian Colonial Courts
Authors: Finnane Mark 
Published: February 2014

AbstractThe recent historiography of Chinese in Australia has emphasised their vigorous formation of a local identity and community even in the face of recurrent and expanding threats of exclusion from colonial life. In their ready embrace of legal remedies to redress what they saw as discrimination or other harms, the Chinese were exemplar colonial settlers who looked to the law to protect them. In colonial appeal courts, Chinese litigants challenged migration controls, contested convictions under opium restriction and gambling laws, sought equitable outcomes in property inheritance and challenged exclusionary regulation under the Factory Acts. In contrast to another kind of history of the Chinese in Australian law, as defendants in criminal prosecution, this article draws attention to the Chinese engagement in legal remedies as an assertion of their entitlement to recognition and fair play.
The Rise of Labor: A Chinese-Australian Participates in Bendigo Local Politics at a Formative Moment, 1904–1905
Authors: Rasmussen Amanda 
Published: February 2014

Abstract
Chinese-Australian and son of an entrepreneur, Edward Ni Gan, a successful lawyer and would-be politician, was, in 1904, the first candidate in a Bendigo municipal election to tie his campaign to the Labor Party platform. Labor had just achieved the significant victory of three months in power at a federal level, and, although Ni Gan did not win in 1904, his support for the movement was well-received in Bendigo. When he tried to stand the following year as the endorsed Labor candidate, however, he was quickly disillusioned by procedural rules and his inadequate trade union networks. His speeches as an independent candidate showed his political position recast as a radical liberal in the Deakinite mode. In both campaigns, Ni Gan’s colour was a difference which could be accommodated since he otherwise so happily embodied the young, white, “fair and square” sportsman who was an ideal progressive Bendigonian. His engagement with Labor politics in the first decade of the twentieth century shows that the drive for “White Australia” which often dominated the national conversation, could be less powerful at local levels.
The Critic as Patron and Mediator: Max Brod, Modern Art, and Jewish Identity in Early Twentieth-Century Prague
Authors: Sawicki Nicholas 
Published: February 2014

Abstract
Early in his career the critic Max Brod (1884–1968) distinguished himself as a patron of modern art and a mediator among competing ethnic and religious groups. Beginning in 1907, Brod became one of the foremost supporters of Jewish artists in Prague, and an advocate for their alliance with non-Jewish contemporaries, both German and Czech. He promoted them in his critical writing and editorial work, collected their art, and introduced them to other sponsors of modernism. Through his patronage work, he shaped how the identities of these artists were presented to the public, positioned their art in contexts that endorsed acculturation and integration, and minimized perceptions of artistic and national difference. Yet Brod's outlook on Jewish artistic identity changed over time. During the First World War, as Brod became active in the Zionist movement, he began to consider that Jewish identity might productively be marked and expressed in modern art, although he remained reluctant to designate specific artistic forms and subjects as distinctly Jewish.
The Necessity of History for Philosophy – Even Analytic Philosophy
Authors: Redding Paul 
Published: February 2014

Abstract
Analytic philosophers are often said to be indifferent or even hostile to the history of philosophy – that is, not to the idea of history of philosophy as such, but regarded as a species of the genus philosophy rather than the genus history. Here it is argued that such an attitude is actually inconsistent with approaches within the philosophies of mind that are typical within analytic philosophy. It is suggested that the common “argument rather than pedigree” claim – that is, that claim that philosophical ideas should be evaluated only in the context of the reasons for or against them, and not in terms of historical conditions that brought them about – presupposes an early modern “egological” conception of the mind as normatively autonomous, and that such a view is in contradiction with the deeply held naturalistic predispositions of most contemporary philosophers of mind. Using the example of Wilfrid Sellars, who attempted to combine “naturalist” and “normative” considerations in his philosophy of mind, it is argued that only by treating the mind as having an artifactual dimension can these opposing considerations be accommodated. And, if the mind is at least partly understood as artifactual, then, to that extent, like all artifacts, it is to be understood via a narrative about the particular human activities in which those artifacts are produced and in which they function.
Using Goodman to Explore Historical Representation
Authors: Zeleňák Eugen 
Published: February 2014

Abstract
Several authors argue that historical works should be viewed as relatively complex and autonomous constructions that are of interest in their own right. In the paper I follow this general approach to history and provide an analysis of historical representation inspired mainly by Nelson Goodman’s observations about symbols. In Languages of Art, Goodman makes a number of interesting claims regarding pictorial representation, exemplification and expression, which could be employed to clarify certain semantic questions of history. He convincingly shows that there are two important questions about any representation: What is the representation about and what kind of representation is it? In the paper I make use of this two-questions point in order to explore the semantics of historical representation. In particular, this point helps to emphasize that historical works are not simple reports about past events but rather symbols revealing what kinds of representations they are, i.e. what they exemplify or express.
“Making Teachers . . . Who do not Treat Their Profession As an Occasional Business”: Leopold Zunz and the Modernization of the Jewish Teacher Training in Prussia
Authors: Brämer Andreas 
Published: February 2014

Abstract
Although Leopold Zunz has spent most of his years in Berlin, he had led an active life. German-Jewish history rightly remembers him first and foremost as the iconic figure of the Wissenschaft des Judentums (the Science of Judaism) whose inspiring charisma has lasted to this day. However, Zunz has also left influential traces in the German and German-Jewish history as a preacher, pedagogue, and political contemporary. This essay ponders a facet of his biography which thus far has rather eluded further attention. When the entire educational system of German Jewry underwent a modernization process of transformation, Zunz had not only given fresh impetus for the momentary education at his Gemeinde-Knabenschule (Berlin’s former Jewish Freischule where Zunz served as principal). In addition, Zunz was among the most significant advocates of a Jewish faculty at schools. He sought their professionalization through raising the general level of qualification. Zunz’s efforts in this are the subject of the following discussion. The focal point will be set on Zunz’s years as principal of the Jewish Lehrerseminarium (Teachers’ Seminary) in Berlin which offered training to young prospective Jewish teachers between 1840 and 1850.1
Changing the Arctic Paradigm from Cold War to Cooperation: How Canada’s Indigenous Leaders Shaped the Arctic Council
Authors: Axworthy Thomas S. , Dean Ryan 
Published: February 2014

Abstract
Between 1987 and 1997, through an impressive coalition of Nordic governments, the Government of Canada, scientists, environmentalists, foundations and Indigenous groups, the world witnessed the creation of a new body, the Arctic Council, a breakthrough in co-operative Arctic governance. Impressive for the relative speed of its creation, the Council – made up of eight states, six Permanent Participants and several observers – has continued to evolve at a steady pace, and recently became the primary forum for negotiating an Arctic search and rescue treaty.
Many contributed to the creation of the Arctic Council, but insofar as a Canadian contribution, one of the leading drivers of the effort was a skilled group of Indigenous leaders. Aboriginal leaders like Mary Simon, supported by foundations, became the advocates of an Arctic Council that gave unprecedented status to Indigenous representatives to sit at the same table as foreign ministers through the innovation of a Permanent Participant category. This victory for the Indigenous community in the creation of the Arctic Council was an early indication of the growing presence and sophistication of the world’s Indigenous populations. Their current importance, as highlighted by the U.N. Declaration of Rights of Indigenous Peoples in 2007, has as a precedent the invention of the Permanent Participant membership category of the Arctic Council a decade earlier.
The Polar Regions and the Development of International Law: Contemporary Reflections and Twenty-First Century Challenges
Authors: Rothwell Donald R. 
Published: February 2014

Abstract
The polar regions are increasingly coming to the forefront of global affairs in ways that are beginning to approach the prominence given to the polar regions during the ‘heroic era’ of exploration at the beginning of the twentieth century. This contemporary focus is, however, very much upon governance and the capacity of the existing and future legal frameworks to govern the Antarctic and Arctic effectively. This article revisits foundational research undertaken in 1992–1993 and reassesses the impact of the polar regions upon the development of international law. Particular attention is given to environmental management, living and nonliving resource management, the regulation and management of maritime areas, and governance mechanisms and frameworks. The article seeks to critically assess whether the existing legal frameworks that operate in Antarctica and the Arctic are capable of dealing with their increasing globalisation, or whether there will be a need for new legal and governance regimes to be developed to address twenty-first century challenges.
Environmental Assessment in Russian Law: Can It Promote Sustainable Development in the Russian Arctic?
Authors: Ignatyeva Inna A. 
Published: February 2014

Abstract
The current plans of the Russian Federation to intensify significantly economic and other activities in Russian Arctic include the widespread exploitation of Arctic natural resources. At the same time, however, high vulnerability of the Arctic environment has been recognized in the country’s legislation. The plans for development in such a vulnerable region as the Arctic give rise to concern as to how it can be realized sustainably. For this reason, it is useful to examine one legal tool of environmental protection, an environmental assessment (EA) procedure, since this institution at least provides the possibility to enable the exploitation of Arctic’s natural resources in a way that protects the environment. Yet, as the article will point out, the conditions for effective EA have been in recent years severely limited, which can be seen in the current legislation. It is hence justifiable to be concerned of the future of Arctic vulnerable environment and, as the article proposes, restore some of the elements of the past EA legislation, which enable a stronger EA mechanism.
Social Impact Assessment, Including Impact Assessments in Relation to Mineral Extraction in Greenland
Authors: Hansen Thomas Trier , Mortensen Bent Ole Gram 
Published: February 2014

Abstract
Social Impact Assessment is in general used in connection with larger mineral extraction projects in Greenland. Such assessments are not part of the environmental impact assessments, and different authorities are involved.
Recent amendments of the relevant legislation have strengthened the quality of the mineral extraction legislation. However, the legal framework and its implementation still leave a lot to the discretion of the Government and could be improved.
Revitalisation of Ainu Culture and Protection of their Right to Culture: Learning from Norwegian Sami Experiences
Authors: Maruyama Hiroshi 
Published: February 2014

Abstract
The Ainu people in Japan have been deprived of their land, culture and language in the wake of the ruthless assimilation policy of Japan and their forcible relocation of them from the Kurile Islands and Sakhalin to Hokkaido. In June 2008, the Ainu were ultimately recognized as indigenous people by the Japanese Government, but their right to culture is not protected by the Japanese legal system. In fact, the Ainu still suffer from the losses of their traditional culture and moreover, are excluded from the decision making process in matters affecting them. Nevertheless, the Ainu have been trying to revitalise their culture as a right belonging to them – a right recognized by international human rights law. This paper examines Ainu traditional knowledge and the current situation of grain cultivation that was prevalent among the Ainu living in the Saru River Basin and its surroundings in Hokkaido before the assimilation policy. Further, the paper explores Ainu right to culture, both from a human rights standpoint and an environmental rights point of view using international treaties and the relevant instruments. In addressing this question, the paper aims to compare the Ainu perspective with that of Norwegian Sami.