bluuebunny/crossref_metadata_2025_split huggingface dataset:
Attempts to Buddhicise the Cult of Chinggis Khan
Authors: Hurcha N. 
Published: December 2010

AbstractBuddhism and the cult of Chinggis Khan are part of the Mongolian cultural and religious heritage. Through extensive textual and historical analysis, N. Hurcha argues that the cult of Chinggis Khan instituted in the thirteenth century has survived repeated attempts of Buddhist monks to incorporate it into the Buddhist ritual and cosmology. The paper poses important questions as how to balance the conflicting moral qualities represented by these two cultural and religious institutions of the Mongols.
Millenarian Representations of the Contemporary Buryats
Authors: Stroganova Elena 
Published: December 2010

AbstractThe Buryats of Tory speak of an original homeland in Mongolia, from which they were driven northwards some centuries ago, and signs and prophesies indicate that they are destined to return there soon. The ‘promised land’ will be reached with great difficulties in three waves preceded by cataclysms, such as the flooding together of the Baikal and Khuvsugul ‘seas’ presaging the end of the world. These millenarian ideas are linked to current economic and political crises by fears of loss of Buryat lands, the association between land and sacred powers, and experiences of Russian persecution and enroachment. Stroganova argues that the millenarian myths express a striving for national regeneration in the face of current political disunity and uncertainty.
EDUCATION IN TIBET
Authors: Empson Rebecca 
Published: December 2010

AbstractEDUCATION IN TIBET Catriona Bass Education in Tibet: Policy and Practice since 1950 London: Zed Books, in association with Tibet Information Network, 1998. ISBN 1-85649673-2 (HB) £45.00, 1-85649674-0 (PB) £15.95
Who ‘Makes’ the Shaman?: The Politics of Shamanic Practices among the Buriats in Mongolia
Authors: Buyandelgeriyn Manduhai 
Published: December 2010

AbstractThe number of shamans among the Buriats of Dornod in Mongolia has been dramatically increasing since the mid 1980s, when the gradual dissolution of the socialist system and Soviet domination took place. By placing the shamanic practices in a context of historico-political changes, the paper questions what constitutes a shamanic practice and what makes and what unmakes a shaman nowadays. The paper examines the shamanic experience of the Dagdan shaman and his relationship with his community, in order to illustrate the complex and dynamic nature of shamanic practice. While the locals’ knowledge of spirits (ongons), the belief in their own lineage ongons and the local standards for moral disposition all control and limit a shaman’s power and prestige, the shaman attempts to supersede the local standards by restoring symbolic capital and by seeking power and recognition outside of the community. The search for power and recognition outside of the community becomes the shaman’s arena for creating, transforming and acting out multiple identities: ethnic, national and personal.
Social Changes in Kyrghyz Mortuary Practice
Authors: Okada Kochi 
Published: December 2010

AbstractThis article views changes in the rituals of death in the context of Kyghyzstan’s dramatic sociopolitical transformation from a clan-based society, through socialist modernisation, to the ill-defined post-Socialist present. Challenging Soviet ethnographic representations of mortuary ritual as ‘tradtional’ and timeless, the paper relates changes in ritual to changes in state ideology, ethnic identity and kinship practices. Particular attention is paid to gender concepts in the context of an examination of women’s graves. It is argued that women were associated with ‘the space of death’, but subsequent Soviet citizenship and educational policies changed both gender ideas and those associated with children.
Peasants in an Era of Freedom: Property and Market Economy in Southern Xinjiang
Authors: Hann Chris 
Published: December 2010

AbstractWhile external commentators, and the Chinese state authorities, refer to the period which began around 1980 as the ‘reform period’ and apply concepts such as ‘socialist commodity economy’, Uyghur peasants in the vicinity of Qäzqär in the extreme west of China refer to the era in which they live as an age of ‘freedom’. This paper focuses on the bundle of rights over land and other changing property rights. Karl Polanyi’s concept of a ‘Great Transformation’ based on the spread of the ‘free market’ has been influential in economic anthropology and is regularly invoked in studies of current institutional change in the former Soviet bloc countries. In the Chinese case, the sphere of ‘the market’ has been steadily expanding within a country that remains officially socialist and in which the dominant role of collectively owned property is ostensibly unchallenged. This poses a puzzle for those who believe that a successful market economy requires a structure of incentives based on private ownership. This puzzle is largely hypothetical for contemporary peasants in southern Xinjiang, who remain preoccupied with subsistence and survival strategies. There is resentment at continued state interference in the bundle of rights over land; outside agriculture, commoditisation and private ownership are more completely established, though some entrepreneurs are already pushing against state imposed limits. Property rights, construed more broadly in terms of entitlements and capacities, are of concern to all. Adoption of this broad perspective on property gives insight into the radical changes brought by the reform era, not only in production but also in other domains.
Law and Communication in Qin and Western Han China
Authors: Sanft Charles 
Published: December 2010

AbstractThis article gathers and examines information about the legal practices of Qin and Western Han China, and demonstrates that these served communicative functions. Law in early imperial China not only penalized antisocial behavior, it was also a medium for communication between the central government, the common population, and officials. The information so transmitted comprised institutional and personal information, including that which facilitated the function of reputation on a national scale. There is also important evidence that people at the time recognized the communicative possibilities of legal practice, as reflected in cases where they manipulated penal communication for individual benefit.
The Florentine Scolari Family at the Court of Sigismund of Luxemburg in Buda
Authors: Prajda Katalin 
Published: December 2010

AbstractBy the beginning of the fifteenth century, European commercial centers had already been filled with trading colonies founded by Florentine merchants. A few of them settled down for life in their host country, developing economic and social ties with local families. During Sigismund of Luxemburg’s reign (r. 1387-1437) as King of Hungary only a handful of these merchants achieved political positions. Undoubtedly the most fortunate among these Florentine citizens was Filippo di Stefano Scolari, known as Pippo Spano (c. 1369-1426), who was granted the significant honor of becoming a member of a small inner circle in the royal court. This article argues that the special status attained by Florentines in Hungarian politics and economy during the first three decades of the fifteenth century can be attributed largely to Pippo Spano’s influence. As cultural mediators, Pippo Spano and his family helped to facilitate relations between their native Florence and their adopted home. This case study focuses on the Scolari family’s migration to the Hungarian Kingdom in order to explore on a small scale the possible push-pull factors of migration flow and its impact on the relationship between the Florentine Republic and the Hungarian Kingdom.
Area-based Management on the High Seas: Possible Application of the IMO’s Particularly Sensitive Sea Area Concept
Authors: Prior Siân , Chircop Aldo , Roberts Julian 
Published: December 2010

AbstractArea-based management is an important tool to improve integrated conservation of high seas biodiversity. While States clearly support the need to protect high seas biodiversity, some States remain reluctant to adopt internationally binding measures that may have an impact on high seas freedoms. Since there is limited experience to date with the application of area-based management tools on the high seas, this article examines the practical implications of establishing such measures through an analysis of the International Maritime Organization’s (IMO) particularly sensitive sea area concept. After providing an overview of the legal complexities associated with the designation of high seas marine protected areas, this article introduces the PSSA concept and identifies the unique features that make it appropriate as a measure for protecting high seas biodiversity. The core of the analysis is an examination of State practice within the IMO in the context of the potential designation of a PSSA in the Southern Ocean.
Search and Rescue Operations in the Mediterranean: Factor of Cooperation or Conflict?
Authors: Trevisanut Seline 
Published: December 2010

AbstractThis article analyses the practice of Mediterranean States with regard to search and rescue (SAR) operations that has repeatedly given rise to much dispute. Its particular focus is on the existing disagreements concerning the interpretation and implementation of international obligations. Mediterranean States diverge on the modalities for managing SAR zones, and on the obligations of the state in whose SAR zone the rescue operation took place. The article also examines the existing attempts at cooperation and coordination among Mediterranean States and the systems of exchange of information and means created by the European Union (EU). The impact of SAR zones and activities on the relations between Mediterranean States are considered in the light of the analysis of state practice. It finds that SAR operations can be both an opportunity for cooperation as well as a source of conflict.
Enforcement Jurisdiction in the Mediterranean Sea: Illicit Activities and the Rule of Law on the High Seas
Authors: Papastavridis Efthymios 
Published: December 2010

AbstractThe question of jurisdiction over illicit activities in the Mediterranean Sea is the focus of the present article. It is posited that enhancement of the ordre public and the rule of law in the Mediterranean requires the prior establishment of precise, foreseeable and accessible domestic laws, as well as of the requisite jurisdictional nexus between the forum State and the illicit activity. Accordingly, the issue of legislative and enforcement jurisdiction over such activities, such as the smuggling of migrants, drug trafficking and international terrorism will be canvassed. These activities and the threats they pose for the security and the public order of the States bordering the Mediterranean Sea loom large in the current discourse over enforcement action in the region. However, the centre of attention has mainly been enforcement as such, and not the need for prior establishment of enforcement jurisdiction.
The Ageing of the UN Convention on the Rights of the Child
Authors: Veerman Philip 
Published: December 2010

AbstractIt is argued in this article that the U.N. Convention on the Rights of the Child (CRC) is no longer up to date. Compared with the new situation of children using the internet, cell phones, sending text messages, downloading videos, gaming and gambling on line, the CRC looks like an archaic document, the author found. Adolescents consume enormous amounts of alcohol and some have to be treated for addiction, but the term alcohol can't be found in the CRC. The CRC does not include the right to treatment for drug addiction. Article 33 (protection from illicit drugs) is much too weak for children and adolescents of the 21st Century, it is argued. Furthermore it was observed that globalisation and HIV/AIDS are not specifically addressed by the CRC. The author presents some proposals, one of them being a Review Conference of the States Parties to the CRC.
The Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict – Towards Universal Ratification
Authors: Coomaraswamy Radhika 
Published: December 2010

AbstractThe changing nature of modern warfare has increasingly exposed children, both boys and girls, to direct involvement in armed conflict. In order to bring this horrible practice to a halt, the international community ten years ago adopted the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, establishing eighteen as the minimum age for compulsory recruitment and participation in hostilities. This article presents an overview of the legislative history, legal framework and key provisions of the Optional Protocol. It also discusses the experience and practices of the International Criminal Court and the issue of children and criminal responsibility. The paper further elaborates on the needs and difficulties of war-affected children for reintegration into their communities, with special attention to psychosocial health and the building of livelihood skills.
20 years of the Convention on the Rights of the Child and International Action against Child Labour
Authors: Noguchi Yoshie 
Published: December 2010

AbstractThe 20 years of the CRC have also been a period of dynamic change in international action against child labour; increased international attention on the issue during the 1990s – especially from the children's rights perspective – has brought new developments both in technical cooperation and in international standard-setting. The CRC and its two protocols on the one hand, and the ILO child labour Conventions on the other are complementing each other. This article will look back on the process that led to the adoption of ILO C182 on the Worst Forms of Child Labour as well as its 10 years in force, as an integral part of the progress in children's rights. It is hoped to contribute in taking stock of experience and clarifying what remains to be done with the specific international goal of eliminating the worst forms of child labour by 2016.
The weight of the child's view (Article 12 of the Convention on the Rights of the Child)
Authors: Krappmann Lothar 
Published: December 2010

AbstractThe right of the child to be heard is an article of the Convention on the Rights of the Child, which most clearly expresses the concept of the child underlying the entire Convention. In the legal history of the Convention the substance of this article evolved in close connection with the article on the child's best interests. Based on article 12 manifold practices have been developed, now often are summarized under the heading of participation – a term not used in the Convention. These practices operationalize the article to an extent that questions are raised, in which way the broadly applied procedures can be understood as covered by the article. It is crucial that children are only heard, but their views are given weight.
The protection of children from sexual exploitation Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography
Authors: Pais Marta Santos 
Published: December 2010

AbstractThe Convention on the Rights of the Child and its Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography provide a sound normative foundation for children's protection from sexual abuse and exploitation and for the adoption of legislative, policy and other measures to prevent and address these child rights violations. With the commemoration in 2010 of the 20th anniversary of the entry into force of the Convention and the 10th anniversary of the adoption of the Protocol, there is a strategic opportunity to promote universal ratification of these standards and to strengthen concerted efforts for their effective implementation. With this aim, a UN campaign has been launched to achieve universal ratification of the Protocol by 2012, to ensure the safeguard of children's protection from sexual abuse and exploitation as a legal imperative and a global priority, to prevent loopholes in child protection systems and to fight impunity within and across borders.
'Vernacularising' the Convention on the Rights of the Child: Rights and Culture as Analytic Tools
Authors: Kaime Thoko 
Published: December 2010

AbstractWhereas the Convention on the Rights of the Child ('the CRC') provides a progressive framework capable of normative transformation, the challenge for children's rights advocates is how to translate the treaty's prescriptions into robust protection for children everywhere. A key indicator of success in this endeavour is the level and sustainability of appropriation of the CRC's principles in the local polities that have subscribed to its normative framework. In this article, I adopt culture and rights as tools for analysing the contexts, contests, processes and prospects that define such transformation.
Connecting Environmental Law and Corporate Transactions to Each Other: Transaction Triggered Environmental Acts
Authors: Mellenbergh Rik 
Published: December 2010

AbstractEnvironmental issues, such as site contamination and compliance with environmental permits and rules, are often of importance with respect to corporate mergers and acquisitions or transfers of sites. This paper focuses on specific environmental acts applicable in some states in the United States and in the region of Flanders (Belgium), the so called transaction (or transfer) triggered environmental acts. These acts are applicable—'triggered'—if a transaction or transfer as defined in the transaction triggered environmental act occurs. The applicability of these acts is thus linked to a transaction or transfer as defined in the transaction triggered environmental act. In this paper these transaction triggered environmental acts will be analyzed, and both possible positive and negative effects linked to the introduction of such an act will be discussed with respect to the transaction triggered environmental acts currently applicable in certain states in the United States and in the region of Flanders (Belgium).
The State of Nature and Commercial Sociability in Early Modern International Legal Thought
Authors: Straumann Benjamin , Kingsbury Benedict 
Published: December 2010

AbstractAt the same time as the modern idea of the state was taking shape, Hugo Grotius (1583-1645), Thomas Hobbes (1588-1679) and Samuel Pufendorf (1632-94) formulated three distinctive foundational approaches to international order and law beyond the state. They differed in their views of obligation in the state of nature (where ex hypothesi there was no state), in the extent to which they regarded these sovereign states as analogous to individuals in the state of nature, and in the effects they attributed to commerce as a driver of sociability and of norm-structured interactions not dependent on an overarching state. Each built on shared Roman and sixteenth-century foundations (section I). Section II argues: 1) that Grotius's natural law was not simply an anti-skeptical construction based on self-preservation (pace Richard Tuck), but continued a Roman legal tradition; 2) that Hobbes's account of natural law beyond the state was essentially prudential, not moral (pace Noel Malcolm); and 3) that commerce as a driver of social and moral order (Istvan Hont's interpretation of Pufendorf and Adam Smith) had a substantial and under-appreciated impact on international legal order. Each contributed to the thought of later writers (section III) such as Emer de Vattel (1714-67), David Hume (1711-76), and Adam Smith (1723-90), and eventually to the empirical legal methodologies of Jeremy Bentham (1748-1832) and Georg Friedrich von Martens (1756-1821).
Vattel's 'Law of Nations ' and the Principle of Non-Intervention
Authors: Zurbuchen Simone 
Published: December 2010

AbstractThe paper attempts to show that Vattel established a duty of sovereigns not to interfere in the internal affairs of other states. Although Vattel did not use the terms 'interference' or 'intervention' in any technical sense of the term, it seems justified to see him as an early proponent of what is called today the principle of non-intervention. This will be evidenced by reviewing how Vattel rejected some of the arguments put forward by previous theorists of just war (Gentili, Grotius) who defended the right of European states to intervene in states of the New World in order to punish gross violations of the law of nature and nations. Arguing that the laws of war ought to be applied in reciprocal manner, Vattel questioned the distinction between 'civilized' and 'barbarian' nations on which these previous theorists relied. For him, the true 'barbarians' were those nations who fought wars without even attempting to publicly justify their behaviour.
Carl Schmitt's Vattel and the 'Law of Nations' between Enlightenment and Revolution
Authors: Nakhimovsky Isaac 
Published: December 2010

AbstractThis article questions the status of Vattel's Law of Nations as an exemplary illustration of eighteenth-century developments in the history of international law. Recent discussions of the relation between eighteenth-century thinking about the law of nations and the French Revolution have revived Carl Schmitt's contention about the nexus between just war theory and the emergence of total war. This evaluative framework has been used to identify Vattel as a moral critic of absolutism who helped undermine the barriers against total war, as well as an architect and defender of those very barriers. Neither of these opposing readings is corroborated by late-eighteenth-century commentators on Vattel's treatise. To its late-eighteenth-century critics and defenders alike, Vattel's Law of Nations was distinguished by the weakness of its derivation of the law of nations from principles of natural law. Insofar as these readers did link Vattel to justifications of relatively unrestrained forms of warfare, they did so in connection with the perceived weakness of Vattel's moral position rather than with its strength. This late-eighteenth-century consensus on the defining features of Vattel's approach to the law of nations sits uncomfortably with Schmitt's evaluative framework, and indeed with other assessments of Vattel that limit themselves to orienting his treatise along fault lines in the historiography of international law.
The phylogenetic placement of the rare North American band-winged grasshopper Shotwellia isleta Gurney, 1940 (Orthoptera: Acrididae: Oedipodinae)
Authors: Edelman William C. , Lightfoot David C. , Miller Kelly B. 
Published: December 2010

Abstract
The phylogenetic placement of the North American band-winged grasshopper
Shotwellia isleta (Gurney 1940) (Orthoptera: Acrididae: Oedipodinae) has
been investigated. This rare and unique species of grasshopper belongs to a
monotypic genus known only from a few isolated locations in the Chihuahuan
Desert of Mexico and New Mexico, USA. The taxonomic status of Shotwellia has
been uncertain and historically classified in very different ways relative
to other genera. We conducted the first molecular phylogenetic cladistic
analysis of Shotwellia and of the Chortophaga (Saussure) genus group in
which it is currently classified, using three mitochondrial genes (16S, 12S
and cytochrome c oxidase II), 14 morphological characters and two behavioral
characters. Our analysis supports the current monotypic status of the genus
Shotwellia within the Chortophaga genus group and indicates that Shotwellia
is sister to the other genera in that group. Shotwellia isleta is a species
of conservation concern, and our field sampling indicates that it is a rare
specialist of freshwater ephemeral desert lake beds that are being impacted
by human activity. Understanding the phylogeny of S. isleta provides a basis
from which biological, evolutionary and conservation inferences can be
made.