bluuebunny/crossref_metadata_2025_split huggingface dataset:
CHAPTER 15 Freedom of Choice
Authors: Dowding Keith , Van Hees Martin 
Published: May 2009

Abstract
This chapter introduces and reviews the extensive literature using an axiomatic‐deductive approach to the measurement of freedom of choice and suggest some new avenues of research. It presents Pattanaik and Xu's (1990) axiomatic characterization of the simple but counter‐intuitive cardinality rule that the more alternatives in an opportunity set the more freedom the set provides. Within the various discussions of this ranking, we distinguish a diversity and an opportunity issue. The diversity issue concerns the failure of the cardinality rule to incorporate information about differences between alternatives. The opportunity issue concerns incorporating individual preferences over alternatives into the measurement of freedom of choice. Diversity is usually addressed without recourse to preferences and the two lines can therefore also be referred to as non‐preference‐based and preference‐based approaches to the measurement of freedom of choice. After presenting the outlines of these approaches and some proposed measurements, we suggest that they neglect relevant information about the things individuals are not free to do. We subsequently ask whether the literature tries to measure the extent of a person's freedom or its value. If it is the former then the differences between the two types of approach can be explained by their underlying definition of freedom. If it is the latter then important elements are not captured by any of the axiomatic formulations: namely the costs of choice. It concludes the chapter by suggesting some new lines of inquiry.
CHAPTER 18 Rawlsian Justice
Authors: Peter Fabienne 
Published: May 2009

Abstract
Rawls's theory of justice builds on the social contract tradition to offer an alternative to utilitarianism. Rawls singles out justice‐not maximum welfare or efficiency‐as “the first virtue of social institutions”. Economists were quick to realize the relevance of Rawls's theory of justice for economics. Early contributions in welfare economics and social choice theory typically attempted to incorporate Rawls's ideas into a welfarist framework. Current research in normative economics comes closer to Rawls's original proposal of a non‐consequentialist theory of justice. This chapter first introduces Rawls's theory of justice and then addresses some of the debates his theory has triggered in normative economics.
CHAPTER 22 Social Choice in Health and Health Care
Authors: Tsuchiya Aki , Miyamoto John 
Published: May 2009

Abstract
A large part of health economics concerns the methodology of informing the best way to allocate health‐care resources at the social level, and the actual delivery of such information. One typical analytical approach is called the cost per QALY analysis, where health gains are quantified in terms of QALYs (Quality-Adjusted Life-Years). The QALY is a composite measure of the duration of survival and the health‐related quality of life associated with each period of survival. This chapter examines the nature of the QALY as the desideratum; why should we regard the QALY as the desideratum in health care? Two schools of thought are discussed. The welfarist school holds that the QALY is the desideratum because it is a representation of people's utility associated with their own health state. The non‐welfarist school proposes an alternative view and argues that the QALY is the desideratum because this is what publicly funded health‐care systems are set up for. The second part of the chapter looks at different ways in which individual QALYs can be aggregated across the population, in the form of a health‐related social welfare function, in order to facilitate economic evaluations.
CHAPTER 23 The Capabilities Approach
Authors: Schokkaert Erik 
Published: May 2009

Abstract
Capabilities and functionings are new and attractive concepts for assessing the well‐being and advantage of individuals. Functionings refer to a person's achievements, i.e. what she manages to do or to be. Capabilities refer to her real opportunities and incorporate the idea of freedom. The chapter discusses how recent theoretical and empirical work has improved our insights in some of the key questions of the approach. How should we measure opportunities and how balance freedom and responsibility? How can we formulate a list of capabilities which can be used to analyze changes over time and differences between different societies without being open to manipulation? How can we construct an overall index of well‐being and what should be the relative role of a priori ethical evaluations and the opinions of the individuals themselves? What is the relationship between measures of well‐being and advantage at the individual and at the aggregate level? To make further progress it is crucial, first, to estimate structural models with individual data, analyzing the link between individual achievements, the socioeconomic and environmental background of the persons concerned and the specific features of the individual processes of choice and decision‐making; and, second, to integrate the insights from these models into a coherent ethical framework specifying the role of individual preferences and the limits of personal responsibility.
A Superior–Subordinate Relationship Between the Accused and Those Who Committed the Underlying Offences
Authors: Mettraux Guenael 
Published: May 2009

Abstract
This chapter discusses the first constitutive element of the doctrine of superior responsibility, namely, the requirement that there must exist a relationship of authority between the accused and those who committed the underlying offence in such a way that the accused (as superior) was able to control those subordinates and was able to prevent or punish their crimes. The concept, relevance, and importance of a vertical chain of command between the superior and the perpetrator; the nature and scope of that relationship (de jure or de facto); and the issue of the time at which such a relationship of subordination must be established are discussed.
A Culpable State of Mind
Authors: Mettraux Guenael 
Published: May 2009

Abstract
This chapter discusses each and every aspect of the relevant mens rea or state of mind relevant to the doctrine of superior responsibility both under customary international law and in the Statute of the International Criminal Courts. It reviews the three different categories of knowledge which, depending on the applicable law, would suffice to render a superior liable under that doctrine: ‘knew’, ‘had reason to know’, and ‘should have known’. It further makes it clear that knowledge of crimes committed by subordinates is not itself sufficient to engage a superior's criminal responsibility and that it would have to be established that he intentionally failed to fulfil his duties thereby demonstrating his acquiescent with the crimes. Simple negligence on his part would not be sufficient to engage his responsibility; only gross negligence would.
Breach of a Duty and Consequential Failure to Prevent or to Punish Crimes of Subordinates
Authors: Mettraux Guenael 
Published: May 2009

Abstract
This chapter discusses the third element of command responsibility, namely, a grave and culpable failure on the part of a superior to adopt necessary and reasonable measures to prevent or punish crimes of subordinates. It discusses further the type and gravity of those instances of dereliction of duty that are capable or have the potential to engage the superior responsibility of a military or civilian leader.
Concluding Remarks: A Workable Standard of Liability for Superiors
Authors: Mettraux Guenael 
Published: May 2009

Abstract
This concluding chapter reviews the somewhat chaotic short history of the doctrine of command responsibility from its contentious beginning to today's state of the law. It discusses the outstanding challenges facing that body of rules, principles, and prohibitions. It reviews the ‘philosophical’ fight over the content and scope of the doctrine. It delineates the scope of that doctrine under customary international law through its main elements, providing for a workable and clear definition of the modern doctrine of superior or command responsibility.
The Definition of ‘Conflicts of Norms’
Authors: Vranes Erich 
Published: May 2009

Abstract
This chapter argues that the narrow definition of conflict prevailing in international law is problematic in legal terms. It submits that an adequate definition of conflict of norms firstly has to be a wide one that includes incompatibilities between permissions and obligations, permissions and prohibitions, and obligations and prohibitions; and secondly should to rely on a ‘test of violation’. Additionally, this chapter clarifies misunderstandings in panel practice and academic writings relating to WTO Appellate Body rulings which have not in fact addressed the issue of conflicting norms of conduct, but the problem of inconsistent norms granting competences. In conclusion, the definition of conflict of norms in legal theory, in any given legal fields and in international law should read: There is a conflict between norms, one of which may be permissive, if in obeying or applying one norm, the other norm is necessarily or potentially violated.
The Role of International Law Conflicting with WTO Law in WTO Proceedings
Authors: Vranes Erich 
Published: May 2009

Abstract
This chapter deals with the concepts of jurisdiction and applicable law in WTO dispute settlement. It argues that international law in conflict with WTO law must, under certain circumstances, be recognized as superseding WTO law even within WTO proceedings. The central thesis is that substantive WTO obligations essentially being reciprocal, WTO Members should be regarded as being in a position, in principle, to modify such rights and duties inter partes. Given that the jurisdiction of WTO adjudicating bodies is claim-specific, their competence may lapse also due to inter se modifications of substantive WTO law (i.e., the legal grounds on which claims can be brought). This requires panels to take account of such non-WTO norms that are invoked as a defence, if the latter have to be regarded as lawful modifications of WTO law and as being meant to prevail over WTO law by the WTO Members bound by them.
Non-Discrimination and Justification in the GATT
Authors: Vranes Erich 
Published: May 2009

Abstract
This chapter addresses the non-discrimination disciplines of the GATT (most-favoured-nation treatment and national treatment) and related issues, notably justification on non-economic grounds under Article XX of the GATT. It argues that the term ‘like products’ in Articles I and III of the GATT should primarily be understood to mean products that are in a sufficiently close competitive relationship. It argues that the so-called ‘aim and effects’ test is legally flawed. It then examines the concept of ‘less favourable treatment’ in Article III of the GATT, showing that WTO scholarship has often misunderstood the concept of indirect (de facto) discrimination. The chapter then examines the role of the wording ‘so as to afford protection’ in Article III. Finally, it thoroughly examines Article XX, the concepts of necessity and proportionality, the so-called ‘new necessity test’, and the appropriate margin of appreciation.
Climate Protection and WTO Law
Authors: Vranes Erich 
Published: May 2009

Abstract
This chapter examines the legal relationship between WTO law and domestic climate protection measures that are taken in line with the international climate change regime, which is set up through the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol. It uses climate protection measures taken in EU law as practical examples for examining and illustrating the impact of WTO law on domestic climate protection measures. In particular, it addresses ecodesign requirements for energy-using products, voluntary life-cycle labelling (climate labelling), voluntary agreements with the industry, mandatory carbon-dioxide labelling, fiscal measures in the car sector (tax differentiation on the basis of CO2 emissions and fiscal promotion of biofuels). Correcting a frequent misunderstanding, this chapter submits inter alia that process-based (PPM-based) environmental labels are not per se prohibited under WTO law.
2 The Tools of Thinking
Authors: Quinlan Michael 
Published: May 2009

Abstract
This chapter notes that, beyond 1945, we have no direct evidence at all about the operational use of nuclear weapons and how conflict involving them might develop. This means that we have to rely on concepts not fully validated by experience; and that in turn calls for a degree of intellectual humility in pronouncements about such issues, even though the worldwide effort over sixty years to explore and clarify them, especially in the West, has been impressive. This chapter warns that special care is needed about the handling of metaphors like ‘nuclear threshold’ and ‘escalation’; about terms of art like ‘first use’ and ‘first strike’; about descriptions like ‘strategic’ and ‘tactical’; and about the scope of the concepts of deterrence and dissuasion.
3 Deterrence
Authors: Quinlan Michael 
Published: May 2009

Abstract
This chapter explores the meaning and functioning of deterrence, and its salience in the nuclear age. It recalls that deterrence nevertheless extends beyond nuclear weapons, and that an effective deterrence structure must have more than just a capacity for vast destruction—that it needs, for example, some range of options, and evident clarity about what will be regarded as intolerable. Several misunderstandings are reviewed about how the logic of deterrence works, such as that it requires exceptional rationality among the parties, or an implacable determination to use weapons, or a prospective equality of suffering as between the parties. Finally, this chapter discusses whether this can still work in the post‐Cold-War world, and suggests that deterrence may in future need to be more broadly and flexibly constructed than it was during the Cold War.
4 Nuclear Deterrence in NATO
Authors: Quinlan Michael 
Published: May 2009

Abstract
This chapter reviews how NATO, amid the tensions and complexities inevitable in a diverse alliance, sought to tackle the task, within its strategic concept of flexible response, of constructing an agreed and credible deterrence framework incorporating nuclear weapons. It records the establishment of the Nuclear Planning Group, and explains how the use of this instrument managed to tease out acceptable approaches to the problems about nuclear weapons posed in the European setting in face of the Warsaw Pact. It recalls the evolution of NATO's nuclear armoury away from an inventory of excessive size with numerous categories of ‘tactical’ weapons of doubtful utility. It notes the value placed on having other members of the Alliance sharing with the United States some of the costs and responsibilities of the nuclear role. It recognizes, nevertheless, that some of the theory and provision during the Cold War may have become needlessly elaborate.
5 The Ethics of Nuclear Weapons
Authors: Quinlan Michael 
Published: May 2009

Abstract
This chapter examines the acute moral problems which the existence of nuclear weapons poses for all possible ethical viewpoints. Against the background of the Just War tradition of analysis, it notes the difficulties which the possession of nuclear weapons, and willingness ultimately to contemplate their use, must entail—especially about jus in bello criteria—but sets alongside these the different but no less severe problems which any other basic moral position, renouncing unconditionally any possibility of use, must confront. It argues, in face of the inescapable choice among these positions, that nuclear possession and use in extremis cannot be condemned absolutely, but it recognizes that the severity of the dilemmas underscores the need to take seriously the aspiration eventually to escape from them all by the abolition of nuclear armouries.
7 Proliferation
Authors: Quinlan Michael 
Published: May 2009

Abstract
This chapter considers why the spread of nuclear weapons to new possessors has been generally recognized as dangerous, and then notes the array of instruments, centred upon the 1968 Nuclear Non-Proliferation Treaty (NPT), that has been built up to prevent this. It discusses problems about the asymmetrical character of the Treaty, and brings out that the Treaty embodies three main bargains of which disarmament by the tolerated nuclear-weapon possessors is only one. It acknowledges nevertheless that such disarmament needs to be taken further if whole-hearted support for the Treaty-centred regime, pressure upon problem states like North Korea and Iran, and acceptance of the burdens and constraints which the regime entails are to be maintained, and if the need is to be acted upon, preferably at the 2010 Treaty review conference, to remedy regime weaknesses concerning verification, the right of withdrawal, and reconciling the prevention of wider weapon-proliferation potential with the likely spread of nuclear energy.
13 The Practical Agenda
Authors: Quinlan Michael 
Published: May 2009

Abstract
This final chapter considers what action might be taken, short of the at-best-distant abolitionist goal, to constrain the risks and costs and to optimize the peace-maintaining contribution of nuclear armouries while they continue to exist. Drawing largely upon earlier chapters, it summarizes what needs to be done in the non-proliferation field both over problem countries and in remedying wider systemic weaknesses. It reviews the potential for further steps, especially though not only by the United States and Russia, on nuclear disarmament and related issues such as transparency and the Comprehensive Test Ban Treaty (CTBT). It notes the scope for improving doctrines and postures, for example, by clarifying the ‘no first use’ issue and by ending any remaining arrangements for holding nuclear forces at short notice to launch. Finally, it recalls that though this direct nuclear-weapon agenda is still important, the central path to dependable peace and security must still be primarily a matter of basic political advance in resolving disputes and improving structures for managing them.
An operational system for automatic school identification on multibeam sonar echoes
Authors: Trygonis Vasilis , Georgakarakos Stratis , Simmonds E. John 
Published: May 2009

Abstract
Trygonis, V., Georgakarakos, S., and Simmonds, E. J. 2009. An operational system for automatic school identification on multibeam sonar echoes. – ICES Journal of Marine Science, 66: 935–949. A system for identifying and tracking fish schools is demonstrated, based on the analysis of multibeam sonar data obtained by a Simrad SP90 long-range sonar. Fish-school detection and identification techniques are similar to those commonly used for vertical echosounders, further enhanced with innovative processing algorithms applied to successive multibeam echograms, increasing the certainty that the identified objects are fish schools. Additionally, analysis of school dynamic parameters facilitates the classification of targets into certain groups, here discriminating the fish aggregating device-natant fish complex from tuna. Statistical analysis of selected tracks quantifies the spatio-temporal variability of the school descriptors, which are used retrospectively to select appropriate analysis thresholds. The algorithms are implemented in an acquisition, visualization, and processing software platform that is flexible regarding sonar characteristics (beam width and number of beams) and can be extended easily to track school echotraces in a three-dimensional mode.
The Importance of Reporting New Host-Fungus Records for Ornamental and Regional Crops
Authors: Dugan Frank M. , Glawe Dean A. , Attanayake Renuka N. , Chen Weidong 
Published: May 2009

Accurate and timely reports of new host-fungus records are essential for diagnostics and identification, management, and prevention of plant diseases. Important also are venues to publish these reports in a timely manner and the ability to rapidly search for the information contained in these reports. Presented herein are examples of first reports of fungal pathogens on regional crops, including ornamentals and turf grasses, which illustrate how first reports contribute to preparedness, accurate diagnostics, and knowledge of biogeography and host range. We provide a guide to sources of host-fungus records, discuss venues for publishing new records, and review the information important in a new record, including deposition of voucher specimens. We appeal to plant health professionals to increase their efforts of discovering, documenting, and reporting new records. Accepted for publication 13 March 2009. Published 12 May 2009.
Characterization and Survival of Cercospora sojina in Ohio
Authors: Cruz C. D. , Dorrance A. E. 
Published: May 2009

Frogeye leaf spot (FLS) of soybean, caused by Cercospora sojina, has increased in incidence and severity during the last 3 years in Ohio and caused substantial economic losses for the first time during 2006. FLS is common in the southern United States but has only recently been reported to cause losses in the north-central region. This study evaluated several traits of the fungus which may have contributed to the increase in disease incidence such as: the ability of C. sojina to overwinter and sporulate on infested soybean debris; optimum temperatures for mycelial growth; races (pathotypes) present in Ohio; and pathogenicity on cultivars with Rcs gene(s) for FLS resistance. Conidia of C. sojina were recovered from soybean debris collected at two locations from December to May 2007-2008. The optimum temperature for mycelial growth of all isolates evaluated in this study including those from Louisiana and southern Illinois was 25°C. The 50 isolates of C. sojina collected in Ohio were able to infect a mean of 4.9 of 12 differentials and had a total of 20 different pathotypes. The Rcs3 gene conferred resistance to all of the Ohio isolates. Survival of C. sojina in the field during the winters of 2005 to 2007 contributed to the increase of C. sojina during the 2005, 2006, and 2007 production seasons in Ohio. Accepted for publication 11 April 2009. Published 12 May 2009.
Zebrafish embryo extracts promote sphere‐forming abilities of human melanoma cell line
Authors: Na Yi‐Rang , Seok Seung‐Hyeok , Kim Dong‐Jae , Han Ju‐Hee , Kim Tae‐Hyun , Jung Hyoun , Park Jae‐Hak 
Published: May 2009

Sphere‐forming abilities in culture condition are considered a hallmark of cancer stem‐like cells, which represents tumor cell invasiveness and stem‐like characteristics. We aimed to show that the sphere‐forming subpopulation of human malignant melanoma cell line WM‐266‐4 acts differently to zebrafish embryo extracts compared with their bulk counterpart. Spheres were maintained in neural stem cell culture conditions. The embryos of zebrafish at specific developmental stages were collected and the extracts were purified under 100 kDa. Spheres were treated with embyo extracts and proliferation assay and immunocytochemistry were conducted. Spheroid cells expressed nestin and epidermal growth factor receptor (EGFR) but not melanoma antigen recognized by T‐cells (MART)1, indicating their stem‐like character. Zebrafish embryo extracts at 50% epiboly stage inhibited melanoma bulk cell proliferation in a dose‐dependent manner. However, sphere‐forming abilities were significantly enhanced under 1 µg/mL concentration of 50% epiboly stage embryo extract treatment. Our findings implicate that we should consider cell subsets of a different character from the tumor origin that can respond differently to exogenous substances or tumor microenvironments. We suggest that cancer research should consider both minor stem‐like subpopulations and the other major bulk tumor cells. (Cancer Sci 2009)