bluuebunny/crossref_metadata_2025_split huggingface dataset:
Inflation and the accelerating universe
Authors: Cheng Ta-Pei 
Published: February 2010

Abstract
Einstein introduced the cosmological constant in his field equation so as to obtain a static universe solution. This constant energy density corresponds to a negative pressure, giving rise to a repulsive force that increases with distance. The inflationary theory of cosmic origin can provide the correct initial conditions for the standard model of cosmology: solving the flatness, horizon problems, and providing an origin of matter/energy, as well as giving just the right kind of density perturbation for subsequent structure formation. The primordial inflation leaves behind a flat universe, which can be compatible with the observed matter density being less than the critical density and a cosmic age greater than 9 Gyr if there remains a dark energy. This would imply a universe now undergoing an accelerating expansion, which is observationally supported by the measurement of supernovae at high redshift. The cosmological constant and the cosmic coincidence problems point to the need of new fundamental physics.
Tensors in special relativity
Authors: Cheng Ta-Pei 
Published: February 2010

Abstract
Tensors in a general coordinate system are introduced. When a tensor is expanded in terms of a set of basis (or inverse basis) vectors, the coefficients of expansion are its contravariant (or covariant) components with respect to this basis. The requirement of metric invariance in Minkowski spacetime leads to a generalized orthogonality condition, from which the Lorentz transformation can be derived. In terms of tensor we can have a manifestly covariant formalism. Maxwell's equations, the Lorentz force law, and the charge conservation equation are presented in their covariant forms. The symmetric energy-momentum tensor of a field system is introduced and the physical meaning of its components is discussed.
The privatization of violence
Authors: Likosky Michael 
Published: February 2010

Abstract
This chapter describes the links between privatization of military civilian activities and the significance this has for efforts to hold PMSCs accountable for their conduct. Through examining the trajectory of privatization through time and across sectors, it outlines the important role that public-private partnerships played from colonialism to the 20th-century industrialization of the United States. The link between nominally civilian privatization projects and violence is explored through a Peruvian natural gas pipeline project: the contract did not directly address security questions but its effect on an indigenous population was no less violent. The difficulty of dissociating public and private aspects of a given industry is seen in the modern high tech industry: though its archetype is the garage entrepreneur made good, the foundations of this industry lie squarely in the US Department of Defense. Both insights suggest the need to have a broader and more flexible approach to accountability.
6 Trading Languages
Authors: Butterfield Ardis 
Published: February 2010

Abstract
Takes us into the urban culture of London. It situates Chaucer's accounts of mercantile behaviour and speech – notably the Shipman's Tale and the portrait of the Merchant in his General Prologue as well as his Tale – within the busily multilingual world of city trade. London English, as evidence in the guild and other official records indicates, fought for recognition amongst other linguistic communities seeking power and influence in the city. Attention is given to the wider cultural and linguistic meaning attached to Flemish through the cross‐channel activities of merchants. Through tracing puns and other examples of cross‐linguistic influence, Chaucer's English is placed within the sometimes violently competitive multilingualisms of a fractured, intermittently cohesive urban community in which many forms of alliance between family, friend, mercenary, stranger, and foreigner were under pressure.
Introduction and Summary: ‘Administration of Justice’ in International Investment Law and Adjudication?
Authors: Petersmann Ernst Ulrich 
Published: February 2010

Abstract
This introductory chapter summarizes the main conclusions of Parts II to IV and, together with chapters 7 to 12, places them into the broader context of ‘principles of justice’, ‘global administrative law’, and of ‘multilevel constitutionalism’ that may be relevant for judicial ‘administration of justice’ in international investment law and investor-state arbitration.
Unification Rather than Fragmentation of International Law? The Case of International Investment Law and Human Rights Law
Authors: Dupuy Pierre-Marie 
Published: February 2010

Abstract
This chapter compares the normative origins of these two distinct branches of international law, assessing the historical anteriority of the obligations of states with regard to the rights of aliens — including their property rights — which appeared well before a new body of law developed with regard to human rights protection in general. This explains for one part some substantial similarities existing between these two sets of rules, as illustrated in particular by the way in which the principle of fair and equitable treatment of foreign investments is applied by arbitral tribunals. The chapter illustrates how judges and arbitrators — in their judicial interpretation and clarification of indeterminate investment rules and incomplete treaty regulations — can resort to principles of treaty interpretation, customary rules, ‘general principles of law’, judicial precedents, and human rights obligations of governments in order to avoid conflicts among fragmented jurisdictions, treaty regimes, diverse judicial interpretations, and domestic implementing rules.
Access to Justice, Denial of Justice, and International Investment Law
Authors: Francioni Francesco 
Published: February 2010

Abstract
Although customary international law does not provide for an individual right of access to justice before international tribunals, treaty law has been gradually recognizing and consolidating an indisputable right of access to international justice by private investors in the field of foreign investment law. Following the recent growth of bilateral and regional investment treaties and of investment arbitration, the right of access to justice for the investor has shifted from access to national courts and inter-state claims to the investor-state arbitration where private actors have direct access to an international arbitral tribunal without the traditional need for the interposition of their national state in diplomatic protection. The chapter examines the implications of this opening of the international remedial process to individuals and private entities, and focuses on three distinct but inter-linked aspects of the emergence of access to justice as a human right in the field of foreign investment.
Investment Tribunals and Human Rights: Divergent Paths
Authors: Hirsch Moshe 
Published: February 2010

Abstract
This chapter identifies common traits as well as basically different characteristics of international human rights and investment laws. Developments in both spheres reflect fundamental structural changes in international law since World War II, enhancing the legal protection of individuals as well as of various associations and legal persons that are active in these spheres. One of the most fundamental commonalities to both international human rights and investment law is the asymmetric legal relationship between sovereign states and individuals, including foreign investors. Consequently, legal rules and institutions developed in these spheres strive to compensate the inferior position of individuals and investors under the domestic law by enhancing legal protection at the international level. These two branches of international law have evolved differently along the private-public divide. The chapter discusses the case law of international investment tribunals that have encountered arguments regarding the applicability and relevance of international human rights law to investment disputes.
Constitutional Theories of International Economic Adjudication and Investor-State Arbitration
Authors: Petersmann Ernst-Ulrich 
Published: February 2010

Abstract
This chapter gives an overview of the diverse ‘constitutional approaches’ of the European Court of Justice (ECJ), the European Free Trade Area (EFTA) Court, the ECtHR, and national courts throughout Europe, for example in their judicial review of governmental interferences into economic freedoms and other fundamental rights on the basis of judicial interpretation and application of ‘constitutional principles’ with due regard to the human rights obligations of the governments concerned. The principles of ‘commutative justice’, ‘contractual justice’, and ‘conventional justice’ underlying private commercial arbitration differ fundamentally from the principles of ‘constitutional justice’ limiting governments and public national and international courts. The judicial task of settling disputes with due regard to the constitutional rights of citizens and constitutional restraints of governance powers is essential for maintaining an ‘overlapping consensus’ on ‘principles of justice’ among states and citizens with competing self-interests and conflicting conceptions for a good life, social justice, and an efficient regulation of the economy.
Balancing of Human Rights and Investment Law in the Inter-American System of Human Rights
Authors: Nikken Pedro 
Published: February 2010

Abstract
This chapter recalls that the inter-American system of human rights protects property as an individual right. However, the system is not the forum to protect business activity against arbitrary acts of the State. The practice of the Commission and the Court resists mixing wholly economic interests with human rights protection, even if property is involved in the conflict. The inter-American case law contains some solutions for conflicts of law. In cases of conflict between indigenous property and private property, the Court's jurisprudence suggests that human rights prevail over economic rights. Indigenous property is fully protected because it has a function that goes beyond pure economics. In contrast, the protection of other forms of private property is limited to compensation for expropriation. In principle, human rights must always prevail over rights related to international business. The payment of adequate compensation is the solution to meet investments commitments incompatible with human rights obligations.
Non-Discriminatory Treatment in Investment Disputes
Authors: Ortino Federico 
Published: February 2010

Abstract
This chapter analyzes the principle of non-discrimination on the basis of the nationality of the investor as one of the key legal guarantees provided to foreign investors by international investment agreements. As these guarantees may directly restrain states' legislative, administrative, or judicial measures taken to implement a host of public policies, their potential impact on human rights is not difficult to perceive. Given the general and undefined nature of the non-discrimination principle, its meaning and import can only be elucidated by arbitration, the chosen mechanism for the settlement of investment disputes. Based on an examination of the growing body of arbitral jurisprudence, the chapter argues that there still exists a wide margin of inconsistency in the way arbitral tribunals interpret the national treatment standard. The chapter emphasizes that the diversity of treaty language and the diversity of the interpretation of this language may represent a very useful learning ground for policy makers in the field.
Implementing Human Rights in the NAFTA Regime – The Potential of a Pending Case: Glamis Corp v USA
Authors: Cantegreil Julien 
Published: February 2010

Abstract
This chapter takes a critical view of NAFTA's Chapter 11 impact on human rights, focusing on the pending Glamis v. United States case. Looking at the facts and the claims raised, the chapter identifies the environmental and cultural human rights that are at stake, and assesses where to locate the legal issues concerning human rights that the tribunal will have to decide upon. It argues that if the tribunal adopts the current arbitral jurisprudence on the questions of expropriation and fair and equitable treatment, it will be another award prioritizing investors' rights over human rights concerns in the NAFTA regime. This chapter proposes a framework for litigation promoting human rights within the NAFTA regime. Arguing in favour of an internalization of human rights norms into the NAFTA regime and of a multilevel interaction of the different actors, it devises strategies for the parties and the tribunal to achieve this goal using the available legal tools.
Human Rights Arguments in Amicus Curiae Submissions: Promoting Social Justice?
Authors: Harrison James 
Published: February 2010

Abstract
This chapter analyzes the impact of human rights interventions of civil society organizations (CSOs) in international investment arbitration proceedings. It provides a history of the amicus submissions so far made by CSOs, and highlights the prevalence of human rights arguments in these submissions. It argues that there is a clear rationale for engaging with a range of issues raised in investment arbitration cases utilizing a human rights framework. The language and legal obligations of human rights appear to have an important impact in terms of ensuring that amicus submissions of civil society groups are accepted by tribunals. But there are fundamental problems in the way that this mechanism has been utilized by tribunal panels. The chapter concludes by arguing that continued superficial engagement with human rights by investment panels might weaken the edifice of international law in the eyes of those outsiders to the international legal system who seek to engage with it.
Environmental Rights, Sustainable Development, and Investor-State Case Law: A Critical Appraisal
Authors: Pavoni Riccardo 
Published: February 2010

Abstract
This chapter examines the increasing number of international investment disputes where issues relating to environmental rights, sustainable development and foreign investment protection were inextricably intertwined, in order to determine whether arbitrators have approached such interrelationships by taking environmental and sustainable development principles into consideration. It identifies the status and relevance accorded to environmental principles and obligations, either of a customary or treaty nature, in investor-state disputes. The chapter's purpose is to shed into light the extent to which arbitrators are prepared to take into account the obligation of host states to protect the environment and their citizens' right to a healthy environment. The final part of the chapter focuses on the relationship between investment law and the exercise of environmental participatory rights (information, public participation, and access to justice in environmental matters) at the national level.
The Relevance of Non-Investment Treaty Obligations in Assessing Compensation
Authors: Liberti Lahra 
Published: February 2010

Abstract
This chapter explores whether and to what extent a measure adopted by the State in the furtherance of international obligations other than those provided for in the investment treaty bears any consequences not only in the appreciation of state liability, but also in the determination of the quantum of compensation and in the choice of the method of valuation. The review of ICSID jurisprudence shows considerable shifts in the appreciation of this issue. The chapter consider several cases: Compañia del Desarollo de Santa Elena SA v. Republic of Costa Rica; Siemens v. Argentina; and SPP v. Egypt. The SPP v. Egypt case sets a useful precedent in that it clearly shows how international obligations arising under different areas of international law can be specifically relevant not only in the appreciation of the legal nature of the taking but also in the choice of the method of valuation affecting the quantum of compensation.
1 Introduction
Authors: Griffith‐Jones Stephany , José Antonio Ocampo , Stiglitz Joseph E. 
Published: February 2010

Abstract
This introductory chapter lays out the premise for the rest of the volume, which draws from the analysis of the current crisis to make a fairly comprehensive and ambitious set of policy proposals in the fields of national and global regulation, national macroeconomic management, and reform of the world monetary system. At the time of sending the book to the press, debates on national and global policy responses to the crisis were quite active. Some interesting initiatives have been put forth, such as the renewed issuance of Special Drawing Rights (SDRs), and steps towards better international regulation. However, many concerns remained as to the adequacy of the fiscal stimulus throughout the world and the unsettled position of banks in industrial countries, but particularly in the United States.
5 Responding to the Crisis1
Authors: Stiglitz Joseph E. 
Published: February 2010

Abstract
Entering into a more detailed analysis of policy responses, Stiglitz lays out four of the key aspects: monetary and fiscal policy, reducing the mortgage foreclosures, and financial sector restructuring. Keynes long ago recognized that monetary policy is typically ineffective in a downturn. He likened it to “pushing on a string.” Interest rate reductions prevented a meltdown of the financial markets but were unable to reignite the economy. The burden must therefore shift to fiscal policy. Given that the deficit soared over the past seven years, it is especially important, in the author's view, that fiscal policy aim at as big a “bang for the buck” as possible. Increasing unemployment benefits rank high in this criterion; tax cuts rank low, other than for low income individuals. Noting that the U.S. has one of the worst unemployment insurance systems among industrialized countries, strengthening it should be an important component of any American stimulus.
6 Central Banks, Liquidity, and the Banking Crisis1
Authors: Turner Philip 
Published: February 2010

Abstract
Turner examines the principles underlying central bank liquidity actions taken during the financial crisis. The toolkit of central banks has expanded dramatically. A bigger toolkit seems always better, provided those using its potentially dangerous tools are fully cognizant of the attendant risks. Only central banks can provide the assurances of liquidity often needed in a financial crisis. In the extreme conditions prevailing in autumn 2008, it was natural that fighting the crisis received priority. Before this crisis, nobody expected the scale of operations central banks would be drawn into—and many of these operations will at some point have to be unwound. A lot of these measures, however, will probably be permanent. Turner suggests three areas where the changes decided on during this crisis are likely to endure: increased term financing, wider deposit arrangements at the central bank, and better cross border provision of liquidity.
7 Agenda and Criteria for Financial Regulatory Reform
Authors: D'Arista Jane , Griffith–Jones Stephany 
Published: February 2010

AbstractD'Arista and Griffith‐Jones stress the seeming contradiction that the more liberalized the financial system is, the greater the need for more effective regulation, to avoid massive and costly crises. The chapter develops the two basic principles on which such future financial regulation should be based. The first principle is counter‐cyclicality. It aims at correcting the main manifestation of market failures in banking and financial markets: their boom‐bust nature. The key idea is that (forward‐looking) provisions and/or capital required should increase as risks are incurred, that is when loans grow more, and fall when loans expand less. The application of this principle in Spain and Portugal shows that it is possible to design simple rules to make it effective.
9 How, If At All, Should Credit Ratings Agencies (CRAs) Be Regulated?1
Authors: Goodhart C. A. E. 
Published: February 2010

AbstractThis chapter examines how, if at all, should credit rating agencies be regulated. The author argues that most proposed regulation of CRAs is either useless or likely to be counterproductive. The CRAs were dragged into the broader regulatory framework (e.g., Basel II) against their wishes and, perhaps, as the U.S. Securities and Exchange Commission has suggested, they should now be removed from this role. Since CRAs are essentially forecasters, the author proposes a small, independent (but publicly funded) Credit Rating Agency Assessment Centre (CRAAC), paid by the industry, to provide a public evaluation of all the CRA forecasts.
14 Economic Development and the International Financial System1
Authors: Frenkel Roberto , Rapetti Martin 
Published: February 2010

AbstractFrenkel and Rapetti argue in their chapter that the emerging market economies found in the 2000s a new way to participate in the global financial markets. In their view, one of the most important aspects was the stronger emphasis on the relationship between foreign saving, reserve accumulation, and the effect of competitive real exchange rates (RER) on economic growth. The authors find major theoretical explanations and empirical support for the RER‐growth link. The current global financial and economic crisis has brought back the discussion about the international financial architecture. The emerging debate has so far focused on the degree of regulation of global financial markets and potential reforms of multilateral financial institutions. These initiatives share the spirit of the proposals of the late 1990s and early 2000s, which were developed as a result of the crises in emerging markets economies. The proposals called for building institutions capable of preventing, managing, and compensating for the instability of the system.
15 The Accumulation of International Reserves as a Defense Strategy
Authors: Cardim de Carvalho Fernando J. 
Published: February 2010

AbstractThe chapter by Carvalho explores the accumulation of international reserves as a defensive strategy, as well as the reasons and limitations of their “self‐insurance” function. Conceptually, countries demand reserves of foreign currencies for a similar set of reasons to those which explain why individuals demand liquidity. However, while individuals hold liquid assets primarily to effect transactions, countries do it mostly for precautionary reasons. Again, as in the case of individuals, the stronger the demand for money, the harder it is to obtain liquidity in public sources and money markets. The chapter notes that international liquidity provision remains as important now as it was in the recent past. Carvalho argues that the best alternative would clearly be an international monetary system where a new international currency could be created according to global liquidity needs, as well as for emergency liquidity facilities to protect countries from adverse temporary external shocks.
17 A Modest Proposal for International Monetary Reform1
Authors: Greenwald Bruce , Stiglitz Joseph E. 
Published: February 2010

AbstractGreenwald and Stiglitz argue that an ideal system of international payments should be characterized by stability and balance: stability in exchange rates and the absence of sudden crises, and balance in the sense that individual national economies should suffer neither from deflationary effects of chronic external deficits nor the distorting consequences of chronic external surpluses. Both requirements are essential to the efficient international movement of goods and resources. Yet neither requirement appears to have been met by the current dollar‐based reserve currency system. Recurrent crises in Asia, Latin America, and Eastern Europe, and chronic and growing U.S. payments deficits (with their associated deflationary impact) are longstanding characteristics of the current system.