bluuebunny/crossref_metadata_2025_split huggingface dataset:
Are we Moving towards Constitutionalization of the World Community?
Authors: Peters Anne 
Published: September 2012

Abstract
In the past twenty years international law has evolved quite dramatically. Many aspects of this evolution can be described and interpreted as constitutionalization in the sense of an evolution from an international order based on some organizing principles such as state sovereignty, consensualism, non-use of force to an international legal order which acknowledges and has creatively appropriated principles and values of domestic constitutionalism. Constitutionalization is a matter of degree. It is an ongoing but not linear process, and is often disrupted. It is not all-encompassing, but is accompanied by antagonist trends. The constitutionalization process of international law is mainly driven by academics and to some extent by international courts, not by governments and treaty-makers. Nevertheless, the constitutionalist discourse has the merit of uncovering the structural deficiencies of current international law and assessing them in a new light. This chapter points to a set of failings of the present ‘constitutionalization’ of international law and suggest ways of moving forward towards a more ‘constitutionalized’ international society.
Managing Abidance by Standards for the Protection of the Environment
Authors: Viñuales Jorge E. 
Published: September 2012

Abstract
There are two core ideas underpinning international environmental law, namely ‘prevention’ and ‘balance’. The idea of prevention is enshrined in an array of principles such as those of no-harm, prevention, precaution, cooperation, prior informed consent, and environmental impact assessment which, in turn, can be found at the basis of many multilateral environmental agreements. The basic message carried by these principles is that environmental damage may be irreversible. Therefore, it is of vital importance to foster compliance with environmental standards, through monitoring and other means, rather than to determine responsibility through an adjudication mechanism once damage has occurred. The main focus of a judicious reformer should be on strengthening the means to monitor, facilitate, and manage compliance, as well as to carve out sufficient space for environmental considerations to be taken into account in specialized adjudication mechanisms. Four principal avenues are suggested for action to enhance compliance with environmental standards.
Prospects for Humanitarian Uses of Force
Authors: Tams Christian J. 
Published: September 2012

Abstract
How to strike a balance between the desire to restrict the availability of force and the need to protect human rights depends on the relative importance that a normative system accords to each of these values. The international legal system has adopted a rather differentiated approach that distinguishes between institutional and private uses of force, privileges certain values over others, and lives with grey areas of legal uncertainty. The international community has accepted that force can be used in two cases. To rescue nationals abroad and to provide military assistance to end colonial domination. International law does not recognize a right of states to forcible humanitarian intervention. Prospects for the future include, within the UN system, the organization might be able to make more frequent and more effective use of its existing competences; in addition, Council practice may help to develop agreed standards governing the auto-interpretation of equivocal mandates. Outside the UN system, the most likely scenario is that the international community will continue to reject humanitarian interventions while at the same time tolerating breaches in exceptional circumstances.
Fragmentation and Utopia: Towards an Equitable Integration of Finance, Trade, and Sustainable Development
Authors: Howse Robert 
Published: September 2012

Abstract
The aspiration to equity, providing to each his or her due, is inseparable from the utopian idea. We can help to achieve more equitable outcomes through better appreciating of the elements of equity implicit or sometimes explicit in the existing rules of international law, interpreting and applying them together with or in light of other norms of international law, such as those entrenched in the UN Human Rights Covenants. The World Trade Organization (WTO) rules on exchange actions and balance-of-payments justifications for trade restrictions clearly reflect a conception of equity that takes into account the particular needs and situations of developing countries. A realistic utopia implies fully recognizing that equitable considerations are not narrow exceptions to technocratic governance of finance, or merely a form of aspirational rhetoric or soft law, but are central to the task of an international financial system embedded in the general project of international law. In the way that WTO dispute-settlement organs have interpreted the provisions in question, especially as they relate to developing countries, equity understood as differential treatment has too often been marginalized or even dismissed.
The Need Reasonably to Expand National Criminal Jurisdiction over International Crimes
Authors: Gaeta Paola 
Published: September 2012

Abstract
This chapter discusses the question of the extraterritorial expansion of criminal jurisdiction over international crimes. Since recourse to the territorial and active nationality principles is unlikely with respect to ‘core’ international crimes, the emerging culture of accountability for these crimes necessitates the expansion of domestic criminal jurisdiction on the basis of other principles. Whether and to what extent this is possible under international law ultimately depends on the approach one takes in relation to the notion of sovereignty and the competences of sovereign states under international law. For the repression of international crimes, customary international law allows extraterritorial jurisdiction on the basis of the passive personality and the protective principles. As for universal jurisdiction, controversy exists, inter alia, as to the need for a jurisdictional link to the forum state, in particular the presence of the suspect in the territory of the state. It is suggested that to put the exercise of universal jurisdiction in conformity to the principle of legality the presence of the suspect should be at least a requirement for the exercise of adjudicatory/enforcement jurisdiction. In addition, the judge exercising universal jurisdiction should be allowed to apply substantive criminal law which is most favourable to the accused among those of the forum state, the state of nationality, and the territorial state to fill the lacunae of international criminal law particularly in relation to penalties.
4 The composition of incremental change
Authors: Kennedy Christopher 
Published: September 2012

AbstractFocusing on the analysis of degree achievements, Kennedy and Levin (2008) suggest that it is possible to provide a unified analysis of verbs of variable telicity in which aspect is determined by a function that measures the degree to which an object changes relative to some scalar dimension over the course of an event, which they refer to as a measure of change chapter. This chapter shows how this analysis can be extended to incremental theme verbs. In particular, The chapter demonstrates that the measure of change function in incremental predicates comes not from the verb, but from an independently necessary component of the incremental theme argument, and that the resulting scalar semantics is one in which the referential properties of this determine telicity in exactly the same way as the scalar properties of an adjectival root in degree achievements.
Frontiers of Pleasure
Authors: Peponi Anastasia-Erasmia 
Published: September 2012

AbstractThis book calls into question a number of influential modern notions regarding aesthetics by going back to the very beginnings of aesthetic thought in Greece and raising critical issues about Greek conceptions of how one responds to the beautiful. The analysis centers on a dominant aspect of beauty—the aural—associated with a highly influential sector of culture that comprised both poetry and instrumental music, the “activity of the Muses” named mousikê. The main argument relies on a series of close-grained readings of literary and philosophical texts, from Homer and Plato to Kant, Joyce, and Proust. Through detailed attention to such scenes as Odysseus’s encounter with the Sirens and Hermes’s playing of his newly invented lyre for his brother Apollo, the book demonstrates that the most telling moments in the conceptualization of the aesthetic are found in the Greeks’ debates and struggles over intense models of auditory pleasure. Despite a recent rebirth of interest in aesthetics, extensive discussion of this key cluster of topics has been lacking. Unlike current tendencies to treat poetry as an early, imperfect mode of meditating upon such issues, the author claims that Greek poetry and philosophy employed equally complex, albeit different, ways of articulating notions of aesthetic response. As a whole, the book discusses alternative modes of understanding aesthetics in its entirety.
Holy War in Judaism
Authors: Firestone Reuven 
Published: September 2012

Abstract
Holy war, defined for this study as war authorized or even commanded by God, is a fundamental part of biblical religion and a core institution of the Hebrew Bible. Jews of antiquity engaged in wars considered to be divinely sanctioned, but after crushing defeats against the Roman Empire this kind of response to communal threat became so self-destructive that Jewish leaders devised a means of removing holy war from the repertoire of Jewish political actions. The result was the tendering of two interpretive instruments, normative for nearly two thousand years, which would prevent Jewish zealots from declaring holy war and thus endangering the community. The exegesis was possible within a particular historical context, but times change. The transformations brought about by modernity required Jews to re-examine the traditional rabbinic prohibition against war in the light of the times. Within a hundred years the traditional safeguards were effectively removed for the majority of religious Jews that continued to take Jewish traditional exegesis seriously. This full process, from removing holy war from possibility to reviving holy war as a paradigm for action, is the topic of this study.
The New Jew
Authors: Firestone Reuven 
Published: September 2012

Abstract
Those active in the Zionist movement to colonize and develop the Land of Israel were determined to develop a new and modern Jewish culture that would serve as a corrective to the image of the Diaspora Jew as weak, pale, timid and afraid. The new Zionist Jew would be strong, confident and effective, and the very act of developing the Land of Israel would in turn develop the Jewish psyche and person. As one slogan put it, “we have come to build [the Land] and be built up by [building] it.” This very assertiveness contributed to the tension with the local Arab population, which resented the arrival of confident newcomers who wished to radically change the environment of Palestine. Thus began a conflict that would break out periodically and increasingly into violence directed against the Jewish newcomers. The Jews were determined to demonstrate that they were not typical “Diaspora Jews” who could be pushed around, so they escalated the tensions through their aggressive response. Thus a movement that did not consider itself violent or militant became increasingly so as the years progressed.
HIV/AIDS information and changing sexual behaviour among undergraduate students in Tanzania
Authors: Florence Mosha Neema , Manda Paul 
Published: September 2012

PurposeThis paper aims to investigate the level of HIV/AIDS information among undergraduate students at two university colleges in Tanzania, and its role in changing risky sexual behaviour.Design/methodology/approachIn total, 151 undergraduate students from Kilimanjaro Christian Medical College and Moshi University College of Cooperative and Business Studies were surveyed by means of a questionnaire.FindingsOf respondents 86 per cent were aware of the pandemic and its modes of transmission. The main sources of information were books, journals, magazines, television, internet, DVD/CD, radio and research reports. A total of 32 per cent reported having tested for HIV/AIDS; 40 per cent use condoms during sexual intercourse. Among condom users 63 per cent used them consistently. Factors hindering the use of HIV/AIDS information include the time spent on studies, the unavailability of the information, and the religious, cultural and family background of respondents.Research limitations/implicationsIn a country with over 30 university and university colleges, generalization is not possible on the basis of research restricted to a small number.Practical implicationsUniversities should establish partnerships and networks with various stakeholders to ensure access to HIV/AIDS information and to share experiences.Originality/valueThe level of HIV/AIDS information among Tanzanian undergraduates is under‐investigated. This paper helps to fill some of the gaps in the research.
The Arab uprising 2011: new media in the hands of a new generation in North Africa
Authors: Abdelhay Nawaf 
Published: September 2012

PurposeThis aim of this paper is to relate the spread of new information and communications technology in Arab countries to the mobilization of young Tunisians and Egyptians in the uprisings of 2011.Design/methodology/approachThe paper draws on the literature to discuss the opportunities the new social media tools brought to Arab societies, in terms of their potential to enable new forms of communication and develop new public spheres. It provides an overview of the relationship between the new media, a new generation and the uprising for democracy and political changes in North Africa.FindingsThe conclusion is that the spread and use of new information and communications technologies is having an enormous impact on societal and political changes in North Africa.Originality/valueBased on the uprisings in parts of North Africa, the paper examines the use of the internet and mobile phones as tools for building democracy and bringing change. Evidence shows that social media played a major role in bringing down long‐standing dictatorships. The new media challenged government imposed media controls and provided activists with new tools for organising demonstrations, sending updates to journalists, bloggers and other activists, and encouraging media coverage.
Design for automatic end‐of‐life processes
Authors: Sundin Erik , Elo Kristofer , Mien Lee Hui 
Published: September 2012

PurposeThe purpose of this paper is to explore how manufacturers can develop automatic end‐of‐life processes facilitated by product design methods, e.g. design for disassembly, recycling and remanufacturing. Also to illustrate this kind of product and end‐of‐life process development while maintaining economic and environmental values. Here, the cases of toner cartridges and liquid crystal displays are the focus.Design/methodology/approachThe research methodology for this paper began with a literature study within the fields of design for automatic recycling and remanufacturing. It also includes the research performed at two different industrial companies using automation in their end‐of‐life processes. These companies were visited and interviewed several times, in order to understand their processes and what current problems they have in automation and product design.FindingsDesign implications on the end‐of‐life have been explored, and in particular, three general product trends are in conflict with automatic disassembly: products are getting more complex and more heterogeneous; products are getting sleeker; and products are using more proprietary joints. In addition, the three industrial cases describe different problems in industry and how they can be tackled. Although many manufacturers have adapted the design principles of DFM and DFE, there is still much to improve when it comes to designing for the product's end‐of‐life processes. These kinds of adaptations should increase in importance over time as more and more products and components are remanufactured and/or material recycled. These kinds of adaptations will also encourage an increase of products passing through more resource efficient end‐of‐life options.Practical implicationsManufacturers reading what design problems other companies are experiencing and what solutions can be found would facilitate their own businesses and willingness to start their own and/or improve their existing manufacturing business. This could then be in shape developing products for end‐of‐life processes which also would encourage them to start their own end‐of‐life process facilities.Social implicationsFrom a societal perspective, an increase in remanufactured products being placed on the market can increase the awareness and confidence of the consumers in non‐new products made from non‐virgin materials. This will increase the market for second‐life products and bring about economics of scale, which in turn will alleviate the problem of depletion of resources.Originality/valueMost previous research in this area treats the different end‐of‐life processes separately; material recycling and product remanufacturing are but two examples. However, in this paper the focus is more on the overall view of end‐of‐life processes, along with examples of more specific and detailed end‐of‐life processes, such as disassembly and cleaning.
Strategic flexibility in open innovation – designing business models for open source software
Authors: Rajala Risto , Westerlund Mika , Möller Kristian 
Published: September 2012

PurposeThis paper seeks to explore how market orientation facilitates the strategic flexibility of business models grounded in open innovation. The authors suggest that the new paradigm of open innovation may impact a firm's adaptability and responsiveness under conditions of environmental flux. However, extending innovation capacity by opening the innovation process poses major challenges for firms. The aims of this study are to explore the characteristics of open innovation activity and to contemplate the role of strategic flexibility in the design of business models based upon open innovation.Design/methodology/approachThe study draws upon a qualitative research approach through a longitudinal case study in the field of open source software (OSS). The empirical case illustrates how an OSS firm utilizes signals in its environment to flexibly alter its business model.FindingsA business model that embodies open innovation raises dilemmas between open and closed innovation paradigms. However, the authors' case highlights that an ambidextrous approach that combines market orientation with the principles of open innovation increases profitability, shortens time to market through effective market access, and enhances innovation capability.Research limitations/implicationsThe results have profound implications for industrial marketers, managers, management consultants and business educators. They can use the insights gleaned from this research to guide the development of business models that involve open innovation. The results indicate that firms involved in open innovation need reactive strategic flexibility to cope with the environmental diversity and variability. However, this study analyzes a single case in the field of OSS and one should be cautious when generalizing the findings.Originality/valueThis paper improves the understanding of the relationship between flexibility and market orientation. It combines two areas that have previously been discussed separately, i.e. market orientation and open innovation.
Ownership structure, corporate governance and firm performance
Authors: Mollah Sabur , Al Farooque Omar , Karim Wares 
Published: September 2012

PurposeIn spite of an abundance of corporate governance literature across the world, the Botswana corporate sector is lacking. The purpose of this study is to investigate the relationship among the ownership structure, board characteristics and financial performance to determine the role of corporate governance in the performance behavior of companies listed in such an emerging market in Africa as Botswana.Design/methodology/approachOrdinary least square (OLS) models are applied to Botswana Stock Exchange listed firms over the period 2000‐2007 to determine the role of corporate governance in the performance behavior of companies listed in an emerging market.FindingsThe empirical evidence shows distinct nature of corporate governance behavior among alternative performance measures used, in particular, between accounting‐based/hybrid and market‐based measures.Practical implicationsSuch diversified findings provide the policy‐makers with insights to take appropriate measures on corporate governance and stock market development in order to ensure their efficiency.Originality/valueThe approach of this study is different from the other available literature as it captures all types of shareholdings together in addition to other corporate governance and firm‐specific predictable variables.
Empirical challenges and solutions in constructing a high‐performance metasearch engine
Authors: Sadeghi Hamid 
Published: September 2012

PurposeThis paper seeks to disclose the important role of missing documents, broken links and duplicate items in the results merging process of a metasearch engine in detail. It aims to investigate some related practical challenges and proposes some solutions. The study also aims to employ these solutions to improve an existing model for results aggregation.Design/methodology/approachThis research measures the amount of an increase in retrieval effectiveness of an existing results merging model that is obtained as a result of the proposed improvements. The 50 queries of the 2002 TREC web track were employed as a standard test collection based on a snapshot of the worldwide web to explore and evaluate the retrieval effectiveness of the suggested method. Three popular web search engines (Ask, Bing and Google) as the underlying resources of metasearch engines were selected. Each of the 50 queries was passed to all three search engines. For each query the top ten non‐sponsored results of each search engine were retrieved. The returned result lists of the search engines were aggregated using a proposed algorithm that takes the practical issues of the process into consideration. The effectiveness of the result lists generated was measured using a well‐known performance indicator called “TSAP” (TREC‐style average precision).FindingsExperimental results demonstrate that the proposed model increases the performance of an existing results merging system by 14.39 percent on average.Practical implicationsThe findings of this research would be helpful for metasearch engine designers as well as providing motivation to the vendors of web search engines to improve their technology.Originality/valueThis study provides some valuable concepts, practical challenges, solutions and experimental results in the field of web metasearching that have not been previously investigated.